Victorian Civil and Administrative Tribunal|2013-06-05

For the reasons I have set out I find that the proposed use and development of the subject property for a dwelling fails to address number of planning outcomes arising from the Farming Zone and applicable rural land use policies. I also conclude that locating a dwelling and on-site effluent treatment and disposal system on land hat is subject to inundation would be a poor planning outcome.
I will therefore affirm the refusal of the Responsible Authority and direct that no permit be granted.

[1] Annual Exceedance Probability - i.e. the probability of a flood of a given size (or larger) occurring in any one year.

[3] Two areas allow for dwellings on land of 4ha or more and 10ha or more in and around the Dowling Forest Racecourse precinct to which I refer to later in these reasons.

[7] This amendment which had been adopted by the Council and was before the Minister for approval at the time of the hearing. Amendment C148 has subsequently been incorporated into the planning scheme.

[9] Clause 21.04-10 of the Municipal Strategic Statement.

[10] Appendix B of the application material prepared by Beveridge Williams dated August 2011.

[12] The land may also be subject to flooding to a lesser extent under more frequent return periods however I confine my reasons to the extent of advice from GH CMA about the 1% AEP flood conditions.

[13] Found at Clauses 13.02, 44.03 and 44.04 and the general decision guidelines at Clause 65.

[14] Letter and plan of 20 February 2013.

Environment Act 1987

Bourke-Finn v Ballarat CC & Anor [2013] VCAT 908 (5 June 2013)

Bourke-Finn v Ballarat CC & Anor [2013] VCAT 908

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Bourke-Finn v Ballarat CC & Anor [2013] VCAT 908 (5 June 2013)