Victorian Civil and Administrative Tribunal|2016-09-16|Before: Mr J

For the reasons explained above, the decision of the Responsible Authority is affirmed. No permit is to issue.

[1] F Carlus & B Mullen, J & B Noble, T Kelsey & A Jeffs, B Slater, K Cook, K Young, G Wild, C, H & M Andoniou, A Callaghan, S Callaghan, D & C Griffiths, S & T Teeder, N & I Stirling, K & E Adams, L De Campo, S Bowker, P & L Hanley, S Hansen & K Zammit, S & D Gowling and A & M Dimitrakopoulos.

[2] We have considered the submissions of the parties, all the written and oral evidence, all the exhibits tendered by the parties, and all the material and submissions filed after the hearing. We do not recite or refer to all of the contents of those documents in these reasons.

[3] Titled 'TP-Demo. VCAT-14.07.2016' prepared by Anthony G and Associates P/L.

[4] For example, the Bay Street Activity Centre local planning policy at clause 22.14.

[5] Paragraph 9.18 on page 94 of the Statutory Planning Committee Agenda on 9 December 2015.

[6] Practice Note 1 - Applying the Heritage Overlay (September 2012).

[7] Extract from page 77 of Volume 1 of the Port Phillip Heritage Review, Version 18, June 2016.

[8] Extract from section 7.1 on page 86 of the Statutory Planning Committee Agenda dated 9 December 2015.

[9] Extract from section 6.4.3 on page 73 of Volume 1 of the Port Phillip Heritage Review, Version 18, June 2016.

[10] Extract from page 73 of Volume 1 of the Port Phillip Heritage Review, Version 18, June 2016.

[11] Extract from section 6.4.4 on page 73 of Volume 1 of the Port Phillip Heritage Review, Version 18, June 2016.

[14] Parts of strategy 1.1 in clause 21.05-2.

[17] Clause 10.04 of the planning scheme explains - 'Planning authorities and responsible authorities should endeavour to integrate the range of policies relevant to the issues to be determined and balance conflicting objectives in favour of net community benefit and sustainable development for the benefit of present and future generations.'

[18] Extract from section 7.2.3 on page 25 of the Port Phillip Planning Scheme Amendment C103 Panel Report dated 6 June 2014.

[20] This is explained further in our Interim Order dated 22 July 2016.

Environment Act 1987

Karastavrou v Port Phillip CC [2016] VCAT 1565 (16 September 2016)

Karastavrou v Port Phillip CC [2016] VCAT 1565

At a glance

Court

Decision date

Before

Source

Judgment (16 paragraphs)

Parties

Legislation Cited (1)

Cases Cited (1)

Karastavrou v Port Phillip CC [2016] VCAT 1565 (16 September 2016)