[2025] VCAT 718
General information, not legal advice.
Victorian Civil and Administrative Tribunal
2025-08-15
Original judgment source is linked above.
[1] Amendment of Application for review granted by the Tribunal on the 28 May 2025 under section 127 of the Victorian Civil and Administrative Tribunal Act 1998 (Vic) to include the review of what Permit GE/DP-36420/2023 allows including the matters for which a permit has been granted.
[2] The PO2 that applies to the site and area, provides a car parking rate associated with student housing which is not relevant to the proposal.
[3] The submissions and evidence of the parties, any supporting exhibits given at the hearing and the statements of grounds filed have all been considered in the determination of the proceeding. In accordance with the practice of the Tribunal, not all of this material will be cited or referred to in these reasons.
[4] For the purposes of this decision, the submissions from the respondents have been reported collectively, however each individual statement of ground or submission has been considered individually. In addition to the respondents, there is also one resident non-party whose statement of grounds relating to traffic has been considered. The statement of grounds of the resident non-party also raises matters relating to shadow, privacy and noise impacts which are beyond the ambit of discretion.
[5] [2010] VCAT 660 at [15].
[6] A background document as referred to in clause 72.08 of the Glen Eira Planning Scheme.
[7] Page 15 of Statement to the Victorian Civil and Administrative Tribunal by Leigh Furness dated 9 July 2025.
[8] We interpreted 'major' supermarket to mean a full line supermarket.
[9] Based upon the map provided on Page 19 of Statement to the Victorian Civil and Administrative Tribunal by Leigh Furness dated 9 July 2025. This supermarket is located to the east near the intersection of Balaclava Road and Normanby Road, a distance of 1.6 kilometres walking or 1.2 kilometres directly.
Axolotl Pty Ltd
Glen Eira CC [2025] VCAT 718