[2019] VCAT 32
General information, not legal advice.
Victorian Civil and Administrative Tribunal
2019-01-10
Original judgment source is linked above.
(a) The east and west elevations of Dwellings 1 and 2 to contain a recess of 1.5 metres (wide) and 750mm deep at the mid points of these respective elevations.
(b) The north elevations of Dwellings 1 and 2 to contain a similar recess, that is 1.5 metres wide and 750mm deep and mid-way along this elevation.
(c) Provide a corner splay or area at least 50% clear of visual obstructions (or with a height of less than 1.2m), which may include adjacent landscape areas with a height of less than 0.9m, extending at least 2.0m long x 2.5m deep (within the property) to both sides of each vehicle crossing to provide a clear view of pedestrians on the footpath of the frontage road.
(d) Tree protection fencing around the street tree, with the fencing location to accord with AS.4970 as established by the project arborist.
(e) The provision of a double door at the end of the reversing bay to allow for drainage maintenance requests.
(f) A 1.83m wide drainage easement along the northern boundary.
(g) Details of finished floor level of Dwellings' courtyards.
(h) Dwelling 3 courtyard to maintain the current soil grades.
(i) Tree Protection Zone of Tree 16 within 555 Neerim Street and details of Tree Protection measures in accordance with the Arboricultural report prepared by McLeod Trees dated 7 September 2017.
When approved the plan will be endorsed and will then form part of the permit.
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 within six months of the permit expiry date, where the development allowed by the permit has not yet started; or within 12 months of the permit expiry date, where the development has lawfully started before the permit expires
[1] The submissions 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] Arboricultural Assessment and Tree Issues Resolution Plan by Aaron Richardson of McLeod Trees, dated 7 September 2017.
Garth
Monash CC [2019] VCAT 32