[2025] VCAT 684
General information, not legal advice.
Victorian Civil and Administrative Tribunal
2025-07-30
Original judgment source is linked above.
"Provide landscaped buffers to car parking areas to minimise their visual and amenity impact to the street and adjoining properties".
.....
152. Clause 15.01-5L has the following strategy:
"Site buildings to minimise the need to remove significant trees and protect significant trees on the site and adjoining properties".
The Arboricultural report submitted with the application was evaluated by Council's Senior arborist. The bulk of the report was accepted. Removal of Tree 25 was considered questionable as the main supporting factor is regrowth from a stump which does not necessarily warrant removal if the tree has developed appropriately and is healthy. However, since this is not one of the better Eucalypt varieties, the loss may be acceptable. There should be allowance for reasonable vegetative offset planting.
The General Residential zone is in Category 3 - High Amenity Areas - in the Sign provisions at Clause 52.05. Business identification signs require a planning permit.
The objective for signs in Category 3 is to ensure that signs in high-amenity areas are orderly, of good design and do not detract from the appearance of the building on which a sign is displayed or the surrounding area.
The objectives for signs at Clause 15.01-1L-01 is:
In respect of businesses outside of retail areas it is policy to limit the location and extent of signs to those that are necessary to identify the business and provide necessary directional information.
The three proposed signs are simple, sitting comfortably on the proposed building and fencing. They are less obtrusive than signs on medical centres on nearby sites and will not add to a proliferation of signs or visual clutter in the area. They are not illuminated so will not impact traffic safety on this main road. There also is unlikely to be detriment to the residential neighbours.
The proposed signs are considered to meet the relevant sign objectives.
Construct a building and construct and carry out works.
Construct or put up for display a sign in Section 2 at clause 52.05-13.
Create or alter access to a road in a Transport Zone 2
(a) The fence that encloses outdoor play area 1 to be setback a minimum of 1 metre exclusive of the plinth wall from the Blackburn Road and Montgomery Avenue frontage to enable the establishment of a landscape strip.
(b) The vertical battens that form part of fence that encloses outdoor play area 1 to the Blackburn Road and Montgomery Avenue frontage reduced in height to a maximum of 1.2 metres and have a minimum 75% spacing. All battens are to be equally spaced.
(c) The circular cut outs and signage located on the fence that encloses play area 1 to the Blackburn Road and Montgomery Avenue frontage should remain in a similar form to that shown on the plans subject to the provisions condition1(b).
(d) The 2.7 metre high acoustic fencing to the southern boundary to be set back a minimum of 1.83 metres, with all replacement on-boundary fencing to be no higher than 2 metres.
(e) The location and design of signage to indicate 'Staff Parking Only' and 'Visitor Parking' at the relevant car park entrances.
(a) Underground rainwater tank in Section diagrams.
(b) The location of any external lighting which is to be baffled to prevent light spill and fitted with a timer to prevent a loss of residential amenity.
(c) Removal of the erroneous notation at the western end of the north elevation stating 'Services Meters and Cabinets'.
(d) Addition of a dimension on the Corner Fence Signage plan specifying the height of the top of the sign above footpath level.
(e) Ground floor plan to clearly demarcate the area included within Outdoor Play Area 2 and with one numerical value noted specifying same.
(f) A Tree Management Plan in accordance with condition 4 of this Permit.
(g) An amended Landscaping Plan in accordance with Condition 7 of this permit
(h) An amended Waste Management Plan in accordance with condition 10 of this Permit.
All to the satisfaction of the Responsible Authority.
Compliance with documents approved under this permit
(a) A Tree Protection Plan drawn to scale that shows:
- Tree protection zones and structural root zones of all trees to be retained,
- All tree protection fenced off areas and areas where ground protection systems will be used;
- The type of footings within any tree protection zones;
- Any services to be located within the tree protection zone and a notation stating all services will either be located outside of the tree protection zone, bored under the tree protection zone, or installed using hydro excavation under the supervision of the Project Arborist; and
- A notation to refer to the Tree Management Plan for specific detail on what actions are required within the tree protection zones.
(b) Details of how the root system of any tree to be retained will be managed. This must detail any initial non-destructive trenching and pruning of any roots required to be undertaken by the Project Arborist.
(c) Supervision timetable and certification of tree management activities required by the Project Arborist to the satisfaction of the responsible authority; and
(d) Any remedial pruning works required to be performed on tree canopies located within subject site. The pruning comments must reference Australian Standards 4373:2007, Pruning of Amenity Trees and a detailed photographic diagram specifying what pruning will occur.
The recommendations contained in the approved tree management plan must be implemented to the satisfaction of the Responsible Authority.
(a) Any changes to correspond with amendments to plans endorsed under condition 1;
(b) The location and details of Tree Protection Measures as required under the Tree Management Plan;
(c) The use of runoff from car parking and impervious rubber surfaces for passive irrigation.
When approved the plan will be endorsed and will then form part of the permit.
The provisions, recommendations and requirements of the endorsed Waste Management Plan must be implemented and complied with to the satisfaction of the Responsible Authority.
The endorsed Waste Management Plan must not be altered without the prior written consent of the Responsible Authority.
The development must incorporate the sustainable design initiatives outlined in the Sustainable Management Plan and must be implemented on an ongoing basis to the satisfaction of the Responsible Authority to the satisfaction of the Responsible Authority.
The endorsed Sustainable Management Plan must not be altered without the prior written consent of the Responsible Authority.
(a) Appropriate measures to control noise, dust and water and sediment laden runoff;
(b) Appropriate measures for the prevention of silt or other pollutants from entering into the Council's underground drainage system or road network;
(c) Appropriate measures relating to removal of hazardous or dangerous material from the site, where applicable;
(d) A plan showing the location and design of a vehicle wash-down bay for construction vehicles on the site so as to prevent material leaving the site and being deposited on Council's road network;
(e) A program for the cleaning and maintaining surrounding road surfaces;
(f) A site plan showing the location of any site sheds, on-site amenities, building waste storage and the like, noting that Council does not support the siting of site sheds within Council road reserves;
(g) Measures to provide for public safety and site security;
(h) A plan showing the location of parking areas for construction and sub-contractors' vehicles on and surrounding the site, to ensure that vehicles associated with construction activity cause minimum disruption to surrounding premises. Any basement car park on the land must be made available for use by sub-constructors/tradespersons upon completion of such areas, without delay;
(i) A Traffic Management Plan showing truck routes to and from the site;
(j) A swept path analysis demonstrating the ability for trucks to enter and exit the site in a safe manner for the largest anticipated truck associated with the construction;
(k) Appropriate measures to ensure that sub-contractors/tradespersons operating on the site are aware of and adhere to the requirements of the CMP;
(l) The provision of contact details of key construction site staff; and
(m) Include a requirement that except with the prior written consent of the Responsible Authority, a requirement that demolition, excavation or construction works must only be carried out during the following hours:
- Monday to Friday (inclusive) - 7.00am to 6.00pm;
- Saturday - 9.00am to 1.00pm;
- Saturday - 1.00pm to 5.00pm (Only activities associated with the erection of buildings that does not exceed the EPA guidelines)
- No works are permitted on Sundays or Public Holidays.
The provisions, recommendations and requirements of the endorsed Construction Management Plan must be implemented and complied with by all contractors to the satisfaction of the Responsible Authority.
(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;
(d) drained, maintained and not used for any other purpose to the satisfaction of the Responsible Authority; and
(e) line-marked to indicate each car space and all access lanes to the satisfaction of the Responsible Authority.
Parking areas and access lanes must be kept available for these purposes at all times.
Department of Transport and Planning Conditions (Ref PPR 43569/23)
(a) Line marking and signage to clearly identify 'staff only' left in/ left out access.
(a) Formed to such levels and drained so that they can be used in accordance with the endorsed plans.
(b) Treated with an all-weather seal or some other durable surface.
(a) transport of materials, goods or commodities to or from the land;
(b) appearance of any building, works or materials;
(c) emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil;
(d) presence of vermin;
Noise Protocol means the Noise limit and assessment protocol for the control of noise from commercial, industrial and trade premises and entertainment venues, published by the Environment Protection Authority on its website, as in force from time to time.
The Responsible Authority may extend the times referred to if a request is made in writing before the permit expires or:
(a) within six (6) months afterwards if the display of the signs has not commenced; or
(b) within twelve (12) months afterwards if the display of the sign(s) has not been completed.
Council and the Victorian Civil and Administrative Tribunal are unable to approve requests outside of the relevant time frame.
In accordance with section 69 of the Planning and Environment Act 1987, the responsible authority may extend the periods referred to if a request is made in writing before the permit expires, or
(a) within six (6) months afterwards if the use or the development has not commenced; or
(b) within twelve (12) months afterwards if the development has not been completed.
[1] The submissions and evidence of the parties, any supporting exhibits given at the hearing and the statements of grounds filed have all been considered in the determination of the proceeding. In accordance with the practice of the Tribunal, not all of this material will be cited or referred to in these reasons.
[2] Application material - Design Response & Neighbourhood Character, R Architecture. Plan TP02 Revision 8.
[4] Councils' submission paragraph 96, page 24.
[8] Drawing prepared by R Architecture, TP2.1, Revision 8 dated 2 April 2025.
[10] Drawing prepared by R Architecture, 3D, Façade Close Up, Montgomery Avenue.
[11] B Blades evidence statement, figure 10, page 16.
[12] Drawing prepared by R Architecture, TP05, Revision 8 dated 2 April 2025.
[13] Drawing prepared by R Architecture, TP3.4 3D, Façade Close Up.
[14] Council submission paragraph 102, 103 and 104, page 25.
[16] Drawing prepared by R Architecture, TP07, Revision 8 dated 2 April 2025.
[19] Council submission paragraph 187, page 26.
[20] B Blades evidence statement, paragraph 61, page 27.
[23] Council submission paragraph 11, page 5.
[24] Clause 15.01-1L-02 and Clause 15.01-5L.
[26] Council submission paragraph 39, page 11.
Gandhok
Monash CC [2025] VCAT 684