[2013] VCAT 1154
General information, not legal advice.
Victorian Civil and Administrative Tribunal
2013-07-04
Original judgment source is linked above.
Section 80, Planning and Environment Act 1987. Yarra Ranges Planning Scheme. Green Wedge A Zone. Approved thirteen-lot subdivision on a 32ha lot. Appeal against various roading access, and public open space contribution.
Chandler v Yarra Ranges SC [2013] VCAT 1154
Mr Simon Merrigan, Millar Merrigan Land Development Consultants
Thirteen lot subdivision and associated vegetation removal.
Section 80 Planning and Environment Act 1987
cl. 35.05-3. Subdivide land in GWAZ (schedules 1 and 2)
cl. 52.17 Native Vegetation. Remove, destroy or lop native vegetation, including dead native vegetation.
cl.53 Upper Yarra Valley and Dandenong Region. Removal of native vegetation or non-native vegetation exceeding 5m height.
The elongated regular shaped site of 38.08ha fronts the east side of Liverpool Road (395.5m) to the west and Sheffield Road to the east (416.44m). Maximum depth is 1003.02m. The land falls about 25m from the north west to the south boundary, which is on relatively flat land. The site is used for grazing agriculture and for a wholesale tree nursery. It contains a 1940's single storey brick dwelling at an elevated site in the northwest portion of the site accessed via a 210m long gravelled driveway off Liverpool Road.
The plant nursery occupies the southeast portion of the site, fronting onto Liverpool Road. It is accessed by a second gravelled crossing and driveway off Liverpool Road at the southwest corner of the property. That driveway runs beside the southern boundary to access the farming land at the rear of the site.
Several sheds service both the dwelling and the nursery, including one housing the nursery office, and a separate garage/workshop/storage shed servicing the dwelling and associated farming operations.
There are various fenceline tree belts on internal and external boundaries. There is an area of retained native vegetation in the southeast corner of the property and scattered paddock trees across the grazing paddocks. There is a large dam in the in the centre of the property. Its overflow runs west to Liverpool Road within the catchment to Little Bungalook Creek. Boundary and internal fencing is traditional post and wire farm fencing and there is no identified restrictive covenant on the land.
To protect, conserve and enhance the biodiversity, natural resources, scenic landscapes and heritage values of the area.
To ensure that use and development promotes sustainable land management practices and infrastructure provision.
To recognise and protect the amenity of existing rural living areas.
The appellant advised the Tribunal in writing on 7 June 2013 that the requirements of the suggested conditions 1(b) and 1(c) are acceptable for CP2 but not for CP1, which has a cross fall and is not suited to having gravel shoulders in preference to the proposed concrete edges and passing bays. The appellant also accepted above condition 1(d) 'provided it is stipulated that the turning area can be via a t-head rather than a court bowl for reasons articulated at the hearing'.
Due to the expected heavy vehicles using these access ways (including emergency vehicles and waste collection vehicles), this property should be Council roads and constructed with a sealed minimum width of 5.5m and 11m radius court bowls.
Thirteen lot subdivision and associated vegetation removal.
The Responsible Authority may extend the periods referred to if a request is made in writing before the permit expires or within three (3) months afterwards.
This agreement is to be prepared by the Responsible Authority at the owner's expense and will be recorded on the folio of the register relating to this site. The owners agree to pay on demand all costs and expenses of, and incidental to the preparation execution and recording of the Agreement.
_____________________ End of Conditions ___________________
Chandler
Yarra Ranges SC [2013] VCAT 1154