[3] The permit application was lodged on 11 June 2014 and the land was rezoned from General Residential (GRZ) to NRZ1 on 30 April 2015 under Amendment C153 to the Moreland Planning Scheme.

Victorian Civil and Administrative Tribunal|2015-08-05

For the reasons explained above, the decision of the Responsible Authority is set aside.
No permit is to issue.

[1] Application for Review P2401/2014 (27 March 2015), unreported

[2] I have considered the submissions of all the parties that appeared, all the written and oral evidence, all the exhibits tendered by the parties, and all the statements of grounds filed. I do not recite or refer to all of the contents of those documents in these reasons.

[3] The permit application was lodged on 11 June 2014 and the land was rezoned from General Residential (GRZ) to NRZ1 on 30 April 2015 under Amendment C153 to the Moreland Planning Scheme.

[4] Bell v Maroondah CC [2015] VCAT 381. The same findings were made in the Tribunal's earlier decision of Beleira Pty Ltd v Glen Eira CC [2015] VCAT 2 at paragraph 21.

[5] See Clause 16.01-4 of the Moreland Planning Scheme.

[6] Clause 22.01-2 of the Moreland Planning Scheme.

[7] Report "Arboricultural Assessment and Report - Development Impact" dated 15 July 2014 by Graeme Lewis of Stem Arboriculture Pty Ltd.

[8] I note that the Tree Planting Matrix (Figure 1) in this document suggest that where there is less than a 1.8m dimension, there is insufficient room for tree planting.

Findlay v Moreland CC [2015] VCAT 1210 (5 August 2015)

The Town Hall Consulting Group Pty Ltd v Bayside CC [2014] VCAT 1146.

Bayside Property Projects Pty Ltd v Bayside CC [2014] VCAT 958.

Brandied Pty Ltd v Bayside CC [2014] VCAT 1361.

Bell v Maroondah CC [2015] VCAT 381.

Beleira Pty Ltd v Glen Eira CC [2015] VCAT 2

Findlay v Moreland CC [2015] VCAT 1210

At a glance

Court

Decision date

Source

Judgment (9 paragraphs)

Parties

Cases Cited (6)

Findlay v Moreland CC [2015] VCAT 1210 (5 August 2015)