Victorian Civil and Administrative Tribunal|2017-06-06|Before: Mr P

For the reasons given above, the decision of the responsible authority is set aside. A permit is granted subject to conditions.

Demolition of existing building at 415 Glen Huntly Road on land affected by Heritage Overlay;
Partial demolition of buildings at 411 and 413 Glen Huntly Road on land affected by Heritage Overlay;
Construction of an Eight Storey building with basements, comprising 37 dwellings and 2 shops on land within a Commercial 1 Zone and affected by Heritage Overlay;
Reduction of the standard car parking requirements associated with a shop, residential car parking and residential visitor car parking in accordance with Clause 52.06; and
Waiver of the requirement for a loading bay in accordance with Clause 52.07.

When approved, the plans will be endorsed and will then form part of this Permit.

The layout of the site and size, design and location of buildings and works as shown on the endorsed plans must not be altered without the prior written consent of the Responsible Authority. Note: This does not obviate the need for a permit where one is required.
Areas set aside for the parking of vehicles and access lanes as shown on the endorsed plan(s) must be:
- (a) constructed;
- (b) properly formed to such levels that they can be used in accordance with the plans;
- (c) surfaced with an all-weather sealcoat;
- (d) drained;
- (e) line-marked to indicate each car space and all access lanes;
- (f) clearly marked to show the direction of traffic along the access lanes and driveways;

to the satisfaction of the Responsible Authority. Car spaces, access lanes and driveways shown on the endorsed plans must not be used for any other purpose.

Vehicular crossing(s) must be constructed to the road to suit the proposed driveway(s) to the satisfaction of the Responsible Authority.
Prior to the completion of the basement floor construction, written confirmation by a Licensed Land Surveyor must be provided to the Responsible Authority verifying that the basement floor has been constructed in accordance with the endorsed plans (prior to the construction of the levels above being commenced.)
Prior to the completion of the ramp to the basement, written confirmation by a Licensed Land Surveyor must be provided to the Responsible Authority verifying that the basement ramp has been constructed in accordance with the endorsed plans.
The mechanical car stackers must be maintained by the Owner's Corporation in a good working order and be permanently available for the parking of vehicles in accordance with their purpose to the satisfaction of the Responsible Authority. Should no Owner's Corporation be established, then the lot owner must bear responsibility for ongoing maintenance of the car stacker.
Prior to the commencement of any site works including demolition and excavation, the owner must submit a Construction Management Plan to the Responsible Authority for approval. No works including demolition and excavation are permitted to occur until the Plan has been approved in writing by the Responsible Authority. Once approved, the Construction Management Plan will be endorsed to form part of this permit and must be implemented to the satisfaction of the Responsible Authority. The Plan must be to the satisfaction of the Responsible Authority and must provide details of the following:
- (a) Delivery and unloading points and expected frequency;
- (b) A liaison officer for contact by owners / residents and the Responsible Authority in the event of relevant queries or problems experienced;
- (c) An outline of requests to occupy public footpaths or roads, or anticipated disruptions to local services;
- (d) Any requirements outlined within this permit as required by the relevant referral authorities;
- (e) Hours for construction activity in accordance with any other condition of this permit;
- (f) Measures to control noise, dust, water and sediment laden runoff;
- (g) Measures to ensure that sub-contractors/tradespersons operating on the site are aware of the contents of the Construction Management Plan;
- (h) Any construction lighting to be baffled to minimise intrusion on adjoining lots.
Prior to the occupation of the approved development, the owner/permit holder must prepare and have approved in writing by the Responsible Authority a Waste Management Plan (WMP) for the site with respect to the collection and disposal of waste and recyclables associated with the proposed uses on the site to the satisfaction of the Responsible Authority. The WMP must provide for the following:
- (a) The collection of waste associated with the uses on the land, including the provision of bulk waste collection bins or approved alternative, recycling bins, the storage of other refuse and solid wastes in bins or receptacles within suitable screened and accessible areas to the satisfaction of the Responsible Authority. Commercial waste bins being placed or allowed to remain not in view of the public, and receptacles not emitting any adverse odours.
- (b) Designation of methods of collection including the need to provide for private services or utilisation of council services. If private collection is used, this method must incorporate recycling services and must comply with the relevant EPA noise guideline relating to the time of collection.
- (c) Appropriate areas of bin storage on site and areas of waste bin storage on collection days.
- (d) Details for best practice waste management once operating.

Once approved the WMP will be endorsed to form part of this permit and must be complied with to the satisfaction of the Responsible Authority and must not be varied except with the written approval of the Responsible Authority.

No plant, equipment, services and substations other than those shown on the endorsed plans are permitted without the prior written consent of the Responsible Authority.
Privacy screens must be in accordance with the endorsed plans and must be installed prior to the occupation of the development. The privacy screens must be maintained to the satisfaction of the Responsible Authority.
This permit as it relates to development (buildings and works) will expire if one of the following circumstances applies:
- (a) The development is not started within three (3) years of the issue date of this permit.
- (b) The development is not completed within five (5) years of the issue date of this permit.

In accordance with section 69 of the Planning and Environment Act 1987, an application may be submitted to the responsible authority for an extension of the periods referred to in this condition.

[1] This is the land description that appeared in the previous decision of the Tribunal

[2] 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.

[3] Jezmac Pty Ltd v Glen Eira CC [2015] VCAT 1074

[6] Clauses 21.04-2, 22.05-1 and 22.05-3 Glen Eira Planning Scheme

[7] Jezmac Pty Ltd v Glen Eira CC [2015] VCAT 1074 at [64]

Environment Act 1987

Jezmac Pty Ltd v Glen Eira CC [2017] VCAT 810 (6 June 2017)

The Glen Eira City Council (the Council) has determined to refuse to grant a permit for an eight storey mixed use development on land at 411-415 Glen Huntly Road, Elsternwick (the subject site). The Council's grounds for refusal raise concern with the quality and extent of built form, including the mass and scale that is proposed, the impact on the heritage place, and the inadequate provision of car parking and bicycle parking.
The Council's decision follows an earlier decision of the Tribunal in Jezmac Pty Ltd v Glen Eira CC [2015] VCAT 1074 which determined that a permit should not be granted, having regard to the discrete issue of internal amenity of the proposed apartments.
Jezmac Pty Ltd (the Applicant) seeks a review of the Council's decision. The Applicant relies on grounds that essentially seek to refute the Council's grounds of refusal. Three nearby residents have lodged statements of grounds in relation to this proceeding, but none have sought to become parties.

Jezmac Pty Ltd v Glen Eira CC [2017] VCAT 810

At a glance

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Judgment (15 paragraphs)

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Legislation Cited (1)

Cases Cited (2)

Jezmac Pty Ltd v Glen Eira CC [2017] VCAT 810 (6 June 2017)