Victorian Civil and Administrative Tribunal|2009-08-30|Before: Mr J

For the reasons I have outlined previously this proposal makes a significant contribution to the achievement of planning objectives. This outcome should not be prejudiced by a requirement to make provision for car parking in a locality where access to public transport is readily available.
The decision guidelines at Clause 52.06-1 identify a range of matters which need to be considered prior to permitting a car parking reduction. Having regard to the availability of public transport in the area, the availability of parking during large parts of the week, and the car parking deficiency associated with the existing use of the land[7], the proposed provision of parking is satisfactory.

It follows from the above reasons that it is my conclusion that the decision of the responsible authority should be affirmed and a permit be granted.
The permit will include the conditions contained in the notice of decision to grant a Permit issued by the responsible authority.

[2] In accordance with the principles established in Lyndale & Black v MMBW (1983) 1 PABR 207.

[3] Mr Liistro referred to a decision of the Tribunal (Walsh v Moreland CC, VCAT No. P1140/2008, 8 December, 2008) in support of his submission.

To ensure access is provided to developments in accordance with forecast demand taking

advantage of all available modes of transport and to minimise impact on existing transport

[5] See especially Clauses 22.04 and 21.05-9, Moreland Planning Scheme.

[6] Walsh v Moreland CC, VCAT No. P1140/2008, 8 December, 2008.

[7] Two parking spaces are provided for the existing use of the land. The ground floor area of the proposed development is equivalent to that of the existing buildings on the site and 12 spaces will be made available for the ground floor uses.

Environment Act 1987

Liistro & Ors v Moreland CC [2009] VCAT 1795 (30 August 2009)

Liistro & Ors v Moreland CC [2009] VCAT 1795

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Liistro & Ors v Moreland CC [2009] VCAT 1795 (30 August 2009)