A trench grate (150mm minimum internal width) located within the property and/or; 2. Shaping the driveway so that water is collected in a grated pit on the property and/or;

Victorian Civil and Administrative Tribunal|2014-10-21|Before: Mr J

The applicant must apply for the nominated legal point of discharge for the development where stormwater run-off must be collected and free drained to Council's drainage assets to Council standards.
Stormwater discharge must be retained for the portion above the discharge calculated using a Coefficient of Runoff of 0.35. The development is to have a Stormwater Detention System installed, the design capacity to be to the satisfaction of the Responsible Authority.
Any subsurface water captured on the site must be treated in accordance with Council's Policy for "Discharge of pumped Subterranean Water Associated with Basement or Below Ground Structures".

Any seepage/agricultural drainage water must be filtered to rain water clarity and must be pumped to the nearest Council Drain/Pit and not be discharged to the kerb and channel unless directed otherwise.
All on-site stormwater is to be collected from the hard surface areas and must not be allowed to flow uncontrolled onto adjoining properties. The on-site drainage system must prevent discharge from each driveway onto the footpath. Such a system may include either:

A trench grate (150mm minimum internal width) located within the property and/or; 2. Shaping the driveway so that water is collected in a grated pit on the property and/or;

Another Council approved equivalent.
Before the development begins, detailed plans indicating the method of stormwater discharge to the nominated Legal Point of Discharge (and Stormwater Detention Systems where applicable) must be lodged with Council's Engineering Services department for approval.
The driveway / parking areas / paved courtyards / paths and 'pervious' pavements must be graded / drained to prevent stormwater discharge onto the front footpath and into adjacent properties.

This permit will expire if one of the following circumstances applies:
1. The development is not started within two (2) years of the date of this permit.
2. The development is not completed within four (4) years of the date of this permit.

The Responsible Authority may extend the periods referred to above if a request is made in writing before the permit expires; or

Within 6 months afterwards if development has not commenced; or
Within 12 months afterwards if development has lawfully commenced.

[1] We have considered the submissions of all the parties that appeared, all written and oral evidence, all exhibits tendered by the parties, and all statements of grounds filed. We do not recite or refer to all of the contents of those documents in these reasons.

[2] For example, Clauses 16.01 and 21.02.

[4] For example, Clauses 21.06, 32.01 and 55.02-1.

[5] The Town Hall Consulting Group v Bayside CC [2014] VCAT 1146; Whitefeather Group Pty Ltd v Bayside CC [2014] VCAT 1193.

360 New Street Brighton Pty Ltd v Bayside CC [2014] VCAT 1322 (21 October 2014)

360 New Street Brighton Pty Ltd v Bayside CC [2014] VCAT 1322

At a glance

Court

Decision date

Before

Source

Judgment (11 paragraphs)

Parties

Cases Cited (1)

360 New Street Brighton Pty Ltd v Bayside CC [2014] VCAT 1322 (21 October 2014)