Victorian Civil and Administrative Tribunal|2014-05-05

The applicant must apply for the nominated legal point of discharge for the development where stormwater runoff must be collected and free drained to Council's drainage assets to Council's 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 of which is 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'.
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 the 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.
Any seepage/agricultural drainage water must be filtered to rainwater clarity and must be pumped to the nearest Council Drain/Pit and not be discharged to the kerb and channel unless directed otherwise.
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.
Before the development begins, three sets of 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.
This permit will expire if one of the following circumstances applies:
1. The development is not started within two years of the date of this permit.
2. The development is not completed within four years of the date of this permit.

In accordance with Section 69 of the Planning and Environment Act 1987, an application may be submitted to the responsible authority for an extension of the periods referred to in this condition.

[1] I have considered all submissions presented by the parties although I do not recite all of the contents in these reasons.

[2] The grounds of refusal issued by Council also refer to front fences and an insufficient number of car parking spaces. Council withdrew these grounds in response to the amended plans.

[3] Comments from Council arborist and arborist assessment completed by McLeod Trees Arborist and submitted with the planning application.

[9] Letter to Applicant dated 4 April 2014

Adams v Bayside CC [2014] VCAT 514 (5 May 2014)

Radela Nominees Pty Ltd v Bayside CC [2013] VCAT 691

Hampton Apartments Pty Ltd v Bayside CC [2011] VCAT 1869

Adams v Bayside CC [2014] VCAT 514

At a glance

Court

Decision date

Source

Judgment (8 paragraphs)

Parties

Cases Cited (3)

Adams v Bayside CC [2014] VCAT 514 (5 May 2014)