Victorian Civil and Administrative Tribunal|2014-07-25|Before: Mr J, Dr P, For Mr J, Ms J

The Applicant/Owner must meet all costs associated with reinstatement and/or alterations to Council or other Public Authority assets deemed necessary by such Authorities as a result of the development. The Applicant/Owner must obtain an "Asset Protection Permit" from Council at least 7 days prior to the commencement of any works on the land and obtain prior specific written approval for any works involving the alteration of Council or other Public Authority assets.
The development must provide four car spaces for visitor parking, and allocate a minimum of one car space to each dwelling.
The car parking areas and accessways as shown on the endorsed plans must be formed to such levels so that they can be used in accordance with the plan, and must be properly constructed, line-marked, surfaced and drained. The car park and driveways must be maintained to the satisfaction of the Responsible Authority.

The parking areas and access lanes must be kept available for these purposes at all times.

standard quantitative assessments for energy, water, stormwater and other applicable categories. 2. preliminary NatHERS (First Rate) results of at least 20% or six of the dwellings, and use these results to substantiate the Energy section of the STEPS assessment.

a STORM Rating Report, and input this into the STEPS Assessment.

details of rainwater harvesting and end-uses for the collected rainwater within STEPS and STORM assessments. 2. a commitment to using water efficient fixtures throughout the development. 3. stormwater modelling to confirm the total size of all proposed rainwater harvesting tanks, collection areas and number of connections to re-use demands such as toilet flushing, irrigation or wash-down areas for all function types within the development.
Before the development is occupied, the development must be constructed in accordance with the approved Sustainable Design Report, to the satisfaction of the Responsible Authority.
This permit will expire if one of the following circumstances applies:
1. The development is not commenced within two (2) years from the date of issue of this permit.
2. The development is not completed within four (4) years from the date of this permit.

The Responsible Authority may extend the periods referred to if a request is made in writing pursuant to the provision of Section 69 of the Planning and Environment Act 1987.

[1] We have considered the submissions of all the parties that appeared, all the written and oral evidence, all the exhibits tendered by the parties, and all the statements of grounds filed by parties that did not appear. We do not recite or refer to all of the contents of those documents in these reasons.

[2] Lifestyle 104 Pty Ltd v Whitehorse CC & Ors [2013] VCAT 1392

[4] This occurred subsequent to the completion of the hearing as a consequence of the gazettal of Amendment VC116. As this rezoning was foreshadowed at the hearing, the parties addressed us on the change of zone and we have considered those submissions.

[6] Section 20(4) allows the Minister to exempt himself from any of the requirements of Sections 17, 18 and 19 of the Planning and Environment Act 1987 and the regulations in respect of an Amendment the Minister prepares if the Minister considers that compliance with any of those requirements is not warranted or that the interests of Victoria or any part of Victoria make such an exemption appropriate. Sections 17, 18 and 19 address the giving of copies of an Amendment to certain (specified) persons, the availability of the Amendment for inspection by any person, and the giving of notice of the preparation of an Amendment.

[7] Mr Patrick's landscape plan specifies that the planter boxes and garden beds will be irrigated.

[8] Clause 52.06-8, Design Standard 3: Gradients

Lifestyle 104 Pty Ltd v Whitehorse CC [2014] VCAT 907 (25 July 2014)

Lifestyle 104 Pty Ltd v Whitehorse CC & Ors [2013] VCAT 1392

Lifestyle 104 Pty Ltd v Whitehorse CC [2014] VCAT 907

At a glance

Court

Decision date

Before

Source

Judgment (14 paragraphs)

Parties

Cases Cited (2)

Lifestyle 104 Pty Ltd v Whitehorse CC [2014] VCAT 907 (25 July 2014)