• Demolition or removal of an outbuilding (including a carport, garage, pergola, shed or similar structure) unless the outbuilding is identified in the schedule to this overlay.

Victorian Civil and Administrative Tribunal|2006-10-11

For the reasons set out above I find that the applicant is not a person who is entitled to request cancellation or amendment of the permit pursuant to section 89(1) of the Planning and Environment Act 1987. As the applicant has no standing, the Tribunal has no jurisdiction to consider her request. Accordingly, the application will be dismissed.

An application under this overlay for any of the following classes of development is exempt from the notice requirements of Section 52(1) (a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act:

• Demolition or removal of an outbuilding (including a carport, garage, pergola, shed or similar structure) unless the outbuilding is identified in the schedule to this overlay.

• Demolition or removal of a fence unless the fence is identified in the schedule to this overlay.

• External alteration of a building if the alteration does not adversely affect the natural or cultural significance of the heritage place.

• Construction of a carport, garage, pergola, shed or similar structure.

• Construction of a domestic swimming pool or spa and associated mechanical equipment and safety fencing.

• Construction of seating, picnic tables, drinking taps, barbeques, rubbish bins, security lighting, irrigation, drainage or underground infrastructure, bollards, telephone boxes.

[2] This intrusion into the easement of carriageway is apparently part of the dispute between the applicant and respondents although it is not referred to in the application.

[3] (2003) 15VPR 154; [2004] VCAT 1393

[4] Focused Vision Pty Ltd v Nillumbik CC (2003) 15VPR 154 at 166; [2003] VCAT 1393 at [35]

[6] The Macquarie Concise Dictionary, Third Edition

[7] See Practice Note PNPE3 - Cancellation and Amendments of Permits and Stop Orders, Clause 8

Cardoso v Greater Bendigo CC (Red Dot) [2006] VCAT 2043 (11 October 2006)

Cardoso v Greater Bendigo CC

At a glance

Court

Decision date

Source

Judgment (14 paragraphs)

Parties

Cases Cited (1)

Cardoso v Greater Bendigo CC (Red Dot) [2006] VCAT 2043 (11 October 2006)