This is a straightforward consent decision where neighbours and the council agreed on changes to a building permit. The Tribunal approved the agreement without needing a full hearing. The main change was adding a condition requiring planting of screening vegetation to protect neighbours' privacy. Each side pays their own legal costs.

K Lipscombe, T and C Van Geytenbeek, G and R Cooper, R and A Jones and W and J Ingram v Sorell Council and Statewide Constructions [2013] TASRMPAT 85 (18 July 2013)

W and R Morrison [2013] TASRMPAT 084

Respondents - Hobart City Council and W and R Morrison

TITLE OF TRIBUNAL: Resource Management and Planning Appeal Tribunal

Planning appeal - Minor amendment to permit 0601027-01 - house - partial demolition - extension - deck and garage

Agreement has been reached between the parties with respect to this appeal, and the terms of the agreement have been reduced to writing, signed by the parties and submitted to the Tribunal.

The Appeal Tribunal, being satisfied that a decision in the terms agreed by the parties is within its powers, and is an appropriate decision, makes a decision in those terms and without holding a hearing.

The decision of the Appeal Tribunal is that the decision of the Hobart City Council (the 'Council') which has been appealed is varied as follows:

By inserting a new condition following condition 7 in the following terms:

"8. Before the first use of the deck, vegetation screening with a height at maturity of approximately three (3) metres must be planted along and within the western boundary, commencing as close as practicable to the southern edge of the deck and extending approximately seven (7) metres. The vegetation must be maintained for the life of the deck and replacement vegetation, with a similar height of maturity, must be planted if any vegetation dies or is damaged.

Advice: The 7 metres of vegetation screening may include existing vegetation.

It is directed that the Council issue a permit within 14 days incorporating the above amendment.

It is further ordered that each party bear its own costs of the appeal.

Outcomeappellant

Disposition:

The decision of the Hobart City Council is varied by inserting a new condition 8 requiring vegetation screening along the western boundary. Council directed to issue permit within 14 days. Each party to bear own costs.

K Lipscombe, T and C Van Geytenbeek, G and R Cooper, R and A Jones and W and J Ingram v Sorell Council and Statewide Constructions [2013] TASRMPAT 85

At a glance

Result

Cited legislation

Plain English Summary

Catchwords

Judgment (14 paragraphs)

K Lipscombe, T and C Van Geytenbeek, G and R Cooper, R and A Jones and W and J Ingram v Sorell Council and Statewide Constructions [2013] TASRMPAT 85 (18 July 2013)

Parties

AI Analysis