Victorian Civil and Administrative Tribunal|2009-11-05

For the reasons provided above I will direct that the decision of the Council be set aside and a permit granted for the proposal.

Before the development starts, three copies of revised plans drawn to scale and dimensioned, must be submitted to and approved by the Responsible Authority. When approved the plans will be endorsed and will then form part of the permit. The plans must be substantially in accordance with the

plans submitted at the VCAT hearing on 1 October 2009 dated 15 September 2009 drawing numbers 00A and 01A prepared by Desypher

but modified to show to the satisfaction of the Responsible Authority:

The proposed landscape treatment of the site including the location of all existing and proposed species. An emphasis must be placed on maximizing the use of native drought tolerant species.
The provision of two feature native canopy trees contained in 40 litre pot size at the time of planting within the frontage.

The landscape area adjacent to the frontage a minimum width of 4.5 metres.

A notation showing a maximum of 21 vehicles offered for sale at any one time.

The use and /or development as shown on the endorsed plans must not be altered without the written consent of the Responsible Authority.

Prior to the endorsed plans being made available a bank guarantee or bond of $2000 must be lodged by the owner/applicant with the Responsible Authority to ensure the satisfactory establishment of landscaping works. Once landscaping has been completed in accordance with the endorsed landscaping plan, a 12 week establishment period will commence. The bank guarantee or bond will be returned after landscaping has been initially maintained for that period to the satisfaction of the Responsible Authority. After the establishment period, the landscaping must be maintained in accordance with the endorsed landscaping plan to the satisfaction of the Responsible Authority.

All landscaped gardens and planting shown on the endorsed plan must be maintained to the satisfaction of the Responsible Authority and must not be used for any other purpose

Panel beating, spray painting, heavy mechanical repairs, vehicle wrecking and similar activities must not be carried out on the land.

No vehicle offered for sale by the proprietor, may be parked or left in any adjacent street.

The use may operate only between the hours of Monday to Friday 9 am - 5pm and Saturday-Sunday 9 am - 6pm, unless otherwise consented to in writing by the Responsible Authority.

The driveway serving the customer's car park must be left open at all times during business hours and must not be used for any purpose other than providing vehicular access.

The buildings permitted by this permit must not be used for the storage of dangerous, hazardous or explosive goods, materials or substances.

If washing of vehicles is to be undertaken on site, plans must be submitted prior to commencement of this activity, showing the following to the satisfaction of the Responsible Authority:

Designation of a vehicle washing bay. 2. Details of the surface treatment of the washing bay.

Drainage plans including location of drainage pits.

When approved these plans will be endorsed and will than from part of the permit.

Washing of vehicles on site may only take place in a vehicle washing bay approved pursuant to condition 10 of this permit.

The site must be kept in an ordered and tidy state and its appearance must not prejudicially affect the amenity of the area.

A street number contrasting in colour to the background must be fixed at the front boundary of the property as near as practicable to, or on the letterbox.

The land must be drained to the satisfaction of the Responsible Authority in accordance with drainage plans approved by the Responsible Authority.

The amenity of the area must not be detrimentally affected by the use or development for any reason including through the:

Transport of materials, goods or commodities to or from the land. 2. Appearance of any building, works or materials.

Emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil.

The location and details of signs shown on the endorsed plans must not be altered without the written consent of the Responsible Authority.

All signs must be located wholly within the boundary of the land.

Signs must not be illuminated by external lights except with the written consent of the Responsible Authority.

The signage hereby approved expires fifteen years after the date of the permit issued.

This permit will expire if one of the following circumstances applies:

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.

The use is not commenced within four years of the date of this permit.

The Responsible Authority may extend the periods referred to if a request is made in writing before the permit expires or within three months afterwards.

[1] The permit trigger for the sign is addressed later in this decision.

[3] To Hobsons Bay Planning Scheme gazetted 23 December 2008.

[4] The review site is in the area indicated as Williamstown North on Map 4 that was part of clause 21.09 prior to the approval of Amendment C33.

[5] Both these documents are by Hobsons Bay City Council and dated June 2008.

[6] At clauses 21.09 and 22.02 of the Scheme.

Environment Act 1987

Alhouli v Hobsons Bay CC [2009] VCAT 2324 (5 November 2009)

Alhouli v Hobsons Bay CC [2009] VCAT 2324

At a glance

Court

Decision date

Source

Judgment (40 paragraphs)

Parties

Legislation Cited (1)

Cases Cited (1)

Alhouli v Hobsons Bay CC [2009] VCAT 2324 (5 November 2009)