The plans must be generally in accordance with the plans labelled Revision C and dated 10 May 2001, but modified to show:

a) Levels to A.H.D. to be submitted, confirming that no part of the basement exceeds 1.2 metres above natural ground measured directly below.

b) All wall heights above ground level to be nominated on the plans.

c) All paving (except driveways) to be porous - pavers to be laid on a compacted sand base.

d) A schedule of all external materials and finishes showing the materials, colour and finish of all external walls, roof, fascias, windows frames, and paving (including car park surfacing).

e) All plant and equipment (including air conditioning units, hearing units, hot water systems, etc) are to be identified and located to the satisfaction of the Responsible Authority.

f) The proposed landscape treatment of the site including the location of all existing and proposed species.

g) The existing vehicle crossing must be removed and the footpath, nature strip and kerbing must be reinstated at the cost of the owner/developer and to the satisfaction of Council.

h) The crossover shall be constructed at least 4 metres wide, as measured at the property boundary, to the satisfaction of the Responsible Authority.

i) The ramp must not be greater than 1 vertical 20 horizontal for the first 6 metres inside the property and must accord with all of the requirements of the Australian Standards for Off Street Car Parking (AS2890.1-1993). A maximum change in grade of 12.5% is permitted. Transition lengths and ramp grade changes must comply with Appendix D of the Australian Standards for Off Street Car Parking (AS2890.1-1993) and to the satisfaction of the Responsible Authority.

j) All windows of the first floor in the north east elevation to be screened to a minimum height of 1.8 metres from floor and to be in accordance with technique E7.T4 of the Good Design Guide.

k) Details of the proposed metal louvred screen to the first floor window of the dining area in the north west elevation and south east side of the balcony at first floor level to be provided in accordance with Technique E7.T4 of the Good Design Guide to a minimum height of 1.8 metres from floor level and to the satisfaction of the Responsible Authority.

l) The dormer window in the attic space of the north west elevation, the kitchen window of the first floor in the north west elevation and study window in the south east elevation of the first floor to be screened to a minimum height of 1.8 metres from floor level and in accordance with Technique E7.T4 of the Good Design Guide.

2. The use and/or development as shown on the endorsed plans must not be altered without the written consent of the Responsible Authority.

3. Before the use and/or development starts, a site layout plan drawn to scale and dimensioned must be approved by a Building Practitioner registered under the Building Act 1993 and submitted to the Responsible Authority.

a) a drainage scheme providing for the collection of stormwater within the site and for the conveying of the stormwater to Council's nominated point of discharge to the satisfaction of the Responsible Authority.

4. Before occupation all buildings and works specified in this permit must be completed to the satisfaction of the Responsible Authority. The Responsible Authority must be advised in writing when all construction and works are completed to enable the site to be inspected.

5. Street numbers contrasting in colour to the background shall be fixed at the front boundary of the property as near as practicable to, or on the letterboxes. Separate unit numbers shall be placed adjacent to the front entrance of each dwelling, such numbers to be clearly legible from the access driveway.

6. All service pipes, (excluding downpipes), fixtures and fittings must be concealed on exposed elevations to the satisfaction of the Responsible Authority.

7. The alterations of soil levels involving an increased or decreased level at the boundaries must be retained by the provision of an adequate retaining wall, constructed of brick or masonry or other suitable alternative approved by the Responsible Authority, to buttress the soil against the possibility of shift. The construction of this retaining wall shall be the sole responsibility of the developer.

8. All brick on or facing the boundaries of the site must be raked and cleaned or rendered or bagged and painted to the satisfaction of the Responsible Authority.

9. All plant and equipment (including air conditioning units, hearing units, hotwater systems, etc) which is proposed to be located externally shall be identified on plans and located to the satisfaction of the Ra and an endorsed copy of such plan shall form part of this permit. Such plan must be endorsed prior to commencement of construction and shall include plan and elevation details.

10. Before the use and/or development starts, areas set aside for parked vehicles and access lanes as shown on the endorsed plans must be"

a) constructed to the satisfaction of the Responsible Authority.

b) properly formed to such levels that they can be used in accordance with the plans;

c) surfaced with an all-weather sealcoat to the satisfaction of the Responsible Authority; and

d) drained, maintained and not used for any other purpose to the satisfaction of the Responsible Authority.

11. Before the development hereby permitted starts three copies of a site layout plan drawn to scale and dimensioned must be submitted to and approved by the Responsible Authority. The plan must show the proposed landscape treatment of the site including the location of all existing and proposed species and the automatic watering system proposed. When approved the plan will be endorsed and will then form part of the permit.

12. Prior to the use allowed by this permit starting or the occupation of the building hereby permitted, landscaping works as shown on the endorsed plans must be completed to the satisfaction of the Responsible Authority and then maintained to the satisfaction of the Responsible Authority.

13. All basic services, including water, electricity, gas, sewerage and telephone, shall be installed underground and located to the satisfaction of the Responsible Authority.

14. The existing crossover to be removed and the footpath, nature strip and kerbing reinstated at the applicant/owners expense.

15. This permit will expire if one of the following circumstances applies:

* The development and use is/are not started within two years of the date of this permit.

* The development is not completed within four years of the date of this permit.

The Responsible Authority may extend the periods referred to if a request is made in writing before the permit expires of within three months afterwards.

M/s Jennifer Bowdern, Legal Support Planner represented the Responsible Authority.

Mr Stephen Bitmead of Fastnet Consulting represented the permit applicant.

Mr Bianchi and Mr Land, Objectors appeared in person.

Objector M/s Sally Morris was assisted by Mr Michael Bourke.

1. This request is brought under Section 77 of the Planning and Environment Act 1987 to review a decision of the Responsible Authority to refuse to grant a permit.

2. The subject land is on the north east side of Beach Road, 8 lots south of Orlando Street, Hampton. It has a frontage of 15.24m, a depth of 36.58m and an area of 554m2. It abuts a 6m wide right of way in the north corner. The land is vacant and has no vegetation.

"In General terms the proposal is to construct a double storey dwelling comprising two (2) dwellings with basement car parking.

Revised Plans B dated 14 February 2001 were received showing the following changes:

* The attic floor plan modified to have a pitched roof form and dormer windows.

* The attic floor plan reduced in floor area from 75.39m2 to 58.032.

* Obscure glass to 1.8 metres above floor level to upper floor windows.

Following the Consultation Meeting Revised Plans C dated 10 May 2001 were submitted to Council and circulated to the objectors. These plans show the following changes:

* Deletion of the first floor balcony at the rear

* Setback of the first floor bathroom wall (southern boundary) increased from 2 to 2.7 metres.

* Setback of first floor bedroom wall (southern boundary), increased from 2.7 metres to 3.7 metres.

* Screening devices to the balcony ends at first floor level.

* Screening devices to the elevated terrace, north western boundary to prevent overlooking.

Taking into account the revisions, the main features of the application are:

2 bedrooms and study, open plan kitchen, living dining and amenities

2 bedrooms, study, open plan kitchen, living, dining and amenities

4. The subject land and surrounding land to the north, east and south is zoned Residential 1 under the Bayside Planning Scheme and Design and Development Overlay 1 applies to the land.

5. The Responsible Authority grounds of refusal and reasons for this request are:

1. The proposal will cause unreasonable overshadowing to the south east adjoining property.

2. The proposal will result in unreasonable visual bulk to the adjoining properties.

3. The proposal will cause a loss of privacy to the adjoining properties through overlooking.

4. The proposal is an overdevelopment of the site.

5. The proposal is not in accordance with the spirit and intent of the Good Design Guide.

1. The proposal is consistent with the spirit and intent of the Good Design Guide.

2. The proposal is consistent with State and Local planning objectives.

3. The proposal is consistent with existing streetscape and character of the area.

4. The proposal is not an overdevelopment of the site.

5. The proposal will not cause unreasonable overshadowing to adjoining properties.

6. The proposal will not result in a loss of privacy to adjoining properties.

6. The Tribunal considered it necessary to inspect the area and adjacent objectors' properties. This was carried out late afternoon on Monday 15 October 2001.

7. The proposal generally complies with the provisions of the Good Design Guide but the density is slightly less than the 300 at 1:277m2.

8. The Responsible Authority considers that the proposal does not comply with Council's "Assessment Criteria" and because of this, they believe the design is such that there will be some off site impacts. In addition, the mass and bulk is considered by the Responsible Authority to be detrimental to the existing streetscape and adjoining neighbours.

9. The inspection was helpful and after viewing the Objectors' properties, the Tribunal is satisfied that the proposal will not create an unacceptable loss of amenity. There was concern expressed at overlooking, however this has been satisfactorily addressed either with notes or screening as shown on the plans or a condition.

10. Concern was also expressed at overshadowing, however it is noted that it complies with the Good Design Guide requirements and is considered satisfactory by the Tribunal. The Responsible Authority in its draft conditions suggested the removal of the upper bedroom and en-suite in the south east corner to improve the sun access into the rear yard of the southern neighbours property, however the upper bedroom wall is set 3.7m from the southern fence and this is considered adequate and should remain.

11. The mass and bulk is not seen as detrimental to this streetscape when viewing the dwellings either side and the recent developments along Beach Road generally.

12. The two dwellings will appear as one and has been designed taking in mind the view and re-developments along the foreshore of this section of the Bay.

13. The rear Objector considered the rear of the proposed dwellings was too close to the rear fence, however setback at 4.5m, this provides adequate room for landscaping and will not create a loss of amenity to that property.

14. There are no reasons on planning grounds to refuse the proposal and the Tribunal intends allowing the request and will direct the Responsible Authority to issue a permit for the development as planned.

15. Draft conditions were tabled and discussed by those present at the hearing. The conditions considered appropriate, taking into account those discussions are included in the decision above.