Victorian Civil and Administrative Tribunal|2014-07-08

The Applicant referred to a process for developer approval required by the contract of sale before a house design is submitted to the Council.
I have not explored this matter because it is not the role of this proceeding to endeavour to determine any query or dispute that has, or might, arise with respect to matters in a contract of sale.

For the above reasons, I find the proposal represents an acceptable outcome having regard to the applicable provisions and policies within the Mornington Peninsula Planning Scheme.
I have adopted conditions contained in the Notice of Decision with one modification to correct an error on the floor plans as discussed above.

I have noticed three typographical errors since the issue of this decision that I have corrected : there were two references to DDO10/Schedule 10 rather than 1. There was also reference in a footnote 4 to section 31 rather than section 30 of the Interpretation of Legislation Act 1984. I have made these corrections of my own volition under Section 119 of the Victorian Civil and Administrative Tribunal Act 1998.

[1] One gum tree would be removed. The Council determined that this is exempt from a permit. Loss of the gum tree was not part of the Applicant's grounds of review.

[2] I have considered all grounds, written and oral submissions, although I do not recite all of the material in full.

[3] Clause 54 is not triggered under Clause 32.08 because no permit is required for one dwelling on a lot of more than 300 square metres in area.

[4] This is consistent with the approach in Sections 16 and 30 of the Interpretation of Legislation Act 1984.

[5] Subsequent to the hearing, I have not located any further amendments that may have a bearing on this point.

[6] Tashounidis v Shire of Flinders & Ors 1 ATR 11; Wright v Greater Geelong CC [ 2013] VCAT 2092.

Kleinert v Mornington Peninsula SC (Correction) [2014] VCAT 820 (8 July 2014)

Kleinert v Mornington Peninsula SC

At a glance

Court

Decision date

Source

Judgment (10 paragraphs)

Parties

Cases Cited (1)

Kleinert v Mornington Peninsula SC (Correction) [2014] VCAT 820 (8 July 2014)