The order of the Tribunal is that the decision of the Responsible Authority is affirmed. A permit is granted for two two-storey dwellings behind the existing dwelling at 19 Combermere Street, Aberfeldie generally in accordance with the endorsed plans and subject to the conditions contained in the Notice of Decision to Grant a Permit No. MV/12352 issued by the Responsible Authority on 12th December 2001 modified by replacing condition 1(e) by the following:-

The ground floor levels of the new dwellings being not more that 0.5 metres above natural ground level at any point.

The Responsible Authority is directed to issue a permit in accordance with this order under the provisions of Section 85(1)(b) of the Planning and Environment Act 1987.

Ms Stella Kokkinos, Town Planner, appeared on behalf of the Responsible Authority.

Mr Peter Crettenden, Applicant for Review, appeared on his own behalf and on behalf of the other Applicants for Review.

Mr Evan Patterson, Town Planner, appeared on behalf of the Respondent/Permit Applicants.

1. This is an application to review the decision of the Responsible Authority to grant permission for two two-storey dwellings at the rear of an existing single storey dwelling on a site in Combermere Street, Aberfeldie on the corner of Alma Street. The parties at the hearing of the appeal made both written and verbal submissions and a number of photographs, plans and other documents were tendered to the Tribunal.

2. At the conclusion of the hearing the Tribunal gave oral reasons for its decision to uphold the decision of the Responsible Authority. A summary of those reasons is set out below.

3. The fact that the subject site is a corner site, the location of the existing dwelling on the site, and the streetscape of this part of Alma Street indicates that this is an entirely suitable site for some form of medium density redevelopment.

4. The design decision to keep the existing dwelling is a desirable attribute of the proposal because of its beneficial effect on the streetscape of Combermere Street. Moreover, the siting and layout of the existing dwelling facilitates its functioning on a reduced site area.

5. The architectural style of the proposed dwellings is an appropriate style in an area in which dwellings of the interwar period predominate. The proposed dwellings are two-storey, when most nearby dwellings are single storey, but in my view this is not a basis for rejecting the proposal, two storey dwellings are an ordinary element in suburban residential environments such as this.

6. The dwellings proposed will not be suitable for all household types, but the Tribunal accepts Mr Patterson's argument that it is not a requirement of the Good Design Guide that all household types be accommodated within the one medium density redevelopment. The proposal will contribute to the range of dwelling types being provided within the locality generally.

7. The setbacks proposed are generous, the site coverage is low, and the proposed open spaces are well proportioned and generous in area. It is entirely possible to establish on this site a landscaped garden character which is consistent with the garden character of the neighbourhood.

8. The design and siting of the proposed dwellings, and the additional privacy measures proposed, ensure that privacy is not an issue associated with this proposal.

9. For all these reasons I am of the view that the Responsible Authority has made the appropriate decision in the context of this proposal.