[2025] VCAT 629
General information, not legal advice.
Victorian Civil and Administrative Tribunal
2025-07-16
Original judgment source is linked above.
(a) The roof terraces set back as follows:
- A minimum of 5.2 metres from the front boundary;
- A minimum of 6.5 metres from adjoining property boundaries; and
- A minimum of 8.79 metres to the rear.
(b) The deletion of landscaping to the roof terraces;
(c) Cross section elevations of any screens to the roof terraces to ensure compliance with standard B22 and clause 55.04-6 of the Mornington Peninsula Planning Scheme;
(d) A minimum setback of 3.5 metres from the front boundary to bedroom 2 and the balcony at first floor for both dwellings with no reduction in any setbacks to other boundaries;
(e) Colour of external cladding to be notated on the elevation plans; and
(f) Front fence design amended to be at least 50% transparent and to allow for the passage of overland flows, to address report and consent requirements for flood prone land.
(a) All areas of the development being drained by means of an underground drainage system to retain a post development 1 in 10 year storm event for the critical storm duration. Discharge from the site must be limited to an equivalent pre-development flow based on a 1 in 2 year storm event for the critical storm duration and be connected to the existing drainage pit adjacent to 40 Carrigg Street via a 150mm diameter UPVC drainage pipe and a junction pit adjacent to 63 Charles Street.
(b) All surface areas of private open spaces being drained by a minimum 100 mm diameter drainage pipe connected to the storm water system.
(c) A drainage system on the site being designed to ensure storm water runoff exiting the site meets the current best practice performance objectives for stormwater quality, as contained in the Urban Stormwater Best Practice Environmental Management Guidelines (Victorian Stormwater Committee, 1999).
(d) A drainage surcharge route within the development to avoid inundation of any dwellings.
(e) Reinforced concrete vehicular crossings to Council standards, with any redundant crossing or vehicle laybacks being removed and replaced with kerb and channel, including reinstatement of the nature strip fronting the site.
(a) The development is not commenced within two years of the date of this permit;
(b) 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] The submissions of the parties, any supporting exhibits given at the hearing and the statement 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 is cited or referred to in these reasons.
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Mornington Peninsula SC [2025] VCAT 629