[2022] VCAT 1146
General information, not legal advice.
Victorian Civil and Administrative Tribunal
2022-10-26
Original judgment source is linked above.
[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] Originating from the 'Preliminary Arboricultural Report' dated 15 June 2021 prepared by Adrian Keene of Landscapes by Design which accompanied the permit application.
[3] These descriptions are underpinned by two strategic studies which are reference documents in the planning scheme - the Council's Housing Strategy 2014 and Whitehorse Neighbourhood Character Study 2014.
[7] Preliminary Arboricultural Report dated 15 June 2021
[8] The officer's report expressed the view that a permit was not triggered for the dwelling itself. Consequently, the report concludes that 'Meeting these exemptions identified within the overlay implies the dwelling and design would generally be appropriate/compatible for the site. Therefore, Council is accepting of the building design presented.'
[9] Following a successful prosecution by the council, the former owner was fined and ordered to pay costs.
[10] The building height requirements under the NRZ are mandatory requirements that must still be met.
[11] Other alternative envelope setbacks from side boundaries are also described in terms of 'as per SLO2'.
[12] Tree 19 is a Sweet Pittosporum with a height of 10m. This is a hardy species and known environmental weed which I accept would not be adversely affected by this proposal.
[13] A notation on the plan states 'sill recessed into slab'.
[14] Email with attachments received by Tribunal on 5 July 2022.
[15] Tree 30 is an 18m high River peppermint, Tree 42 is a 7m high Mealy Stringybark and Tree 45 is a 13m high Yellow Box.
[16] Rounding up from 6.74 trees for a site area of 1011sqm.
Goods
Whitehorse CC [2022] VCAT 1146