[2014] VCAT 1364
General information, not legal advice.
Victorian Civil and Administrative Tribunal
2014-10-30
Original judgment source is linked above.
Before the development starts, three copies of amended plans drawn to scale and dimensioned, must be submitted to and approved by the Responsible Authority. The submitted plans must clearly delineate and highlight any changes. When approved the plans will be endorsed and will then form part of the permit.
The plans must be generally in accordance with the plans submitted with the application, but modified to show:
The development as shown on the endorsed plans must not be altered without the written consent of the Responsible Authority.
All common boundary fences are to be a minimum of 1.8 metres above the finished ground level to the satisfaction of the Responsible Authority. The fence heights must be measured above the highest point on the subject or adjoining site, within 3 metres of the fence line.
A landscape plan prepared by a Landscape Architect or a suitably qualified or experienced landscape designer, drawn to scale and dimensioned must be submitted to and approved by the Responsible Authority prior to the commencement of any works. The plan must show the proposed landscape treatment of the site including:-
When approved the plan will be endorsed and will then form part of the permit.
Before the occupation of the buildings allowed by this permit, landscaping works as shown on the endorsed plans must be completed to the satisfaction of the Responsible Authority and then maintained to the satisfaction of the Responsible Authority.
The walls on the boundary of adjoining properties shall be cleaned and finished in a manner to the satisfaction of the Responsible Authority.
Before the development starts, a site layout plan drawn to scale and dimensioned must be approved by the Responsible Authority.
The plans must show a drainage scheme providing for the collection of stormwater within the site and for the conveying of the stormwater to the nominated point of discharge.
The nominated point of discharge is the north-west corner of the property where the entire site's stormwater must be collected and free drained via a pipe to the 150mm Council drain in the rear easement via a 900 mm x 600 mm junction pit to be constructed to Council Standards. (A new pit is to be constructed if a pit does not exist or is not a standard Council pit).
If the point of discharge cannot be located then notify Council's Engineering Division immediately.
All on-site stormwater is to be collected from hard surface areas and must not be allowed to flow uncontrolled into adjoining properties. The on-site drainage system must prevent discharge from driveways onto the footpath. Such a system may include either:
Stormwater discharge is to be detained on site to the predevelopment level of peak stormwater discharge. Approval of any detention system is required by the City of Monash, the Responsible Authority, prior to works commencing.
Once the development has started it must be continued and completed to the satisfaction of the Responsible Authority.
The redundant crossing is to be removed and reinstated with kerb and channel to the satisfaction of Council.
The existing crossing must be reconstructed in line with the proposed driveway for Dwelling 1. The crossing will be within 1.50 metres of an adjoining crossing and shall be converted to a double crossing with No. 27 Cambridge Drive.
The Dwelling 2 crossing is within 1.50 metres of an adjoining crossing and shall be converted to a double crossing with No. 31 Cambridge Drive.
The proposed crossings are required to provide clearance to the adjacent nature strip tree in accordance with Council's Horticultural Services recommendation.
No excavation is to occur within 3.5 metres of the Council tree in the nature strip, measured from the trunk face at ground level.
15. This permit will expire if one of the following circumstances applies:
(a) The development is not started within two years of the issued date of this permit.
(b) The development is not completed within four years of the issued 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 the submissions of all the parties that appeared, all the written and oral evidence, all the exhibits tendered by the parties, and all the statements of grounds filed. I do not recite or refer to all of the contents of those documents in these reasons.
Allan Armstrong and Associates
Monash CC [2014] VCAT 1364