1. For the reasons given above, the decision of the responsible authority is set aside. No permit is granted.

[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] I note that there is disagreement between the parties as to how to describe the existing dwelling on the land. The Council written submission describes the dwelling as Victorian, Mr Livingston describes it as Federation, and Mr Livingston also referred to heritage advice that described it as Edwardian/Federation. Fortunately, no merits based arguments turn on the different descriptions of the existing dwelling.