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[2015] VCAT 1409
Victorian Civil and Administrative Tribunal
2015-09-08
Original judgment source is linked above.
[1] Section 4(2)(d) of the Victorian Civil and Administrative Tribunal Act 1998 states a failure to make a decision is deemed to be a decision to refuse to make the decision.
[2] 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 (including those from persons who advised that they did wish to appear and are thus not parties to the proceeding, pursuant to s.6 of clause 56(6) of the Victorian Civil and Administrative Tribunal Act 1998). We do not recite or refer to all of the contents of those documents in these reasons.
[3] Derived from the City of Yarra Review of Heritage Overlay Areas 2007 by Graeme Butler and Associates.
[4] [2013] VCAT 1901 at [28].
[5] Mr Landes drew our attention to provisions with respect to solar access in DDO7 of the Stonnington Planning Scheme. While they refer to minimising overshadowing of existing and proposed public open space at the winter solstice, the provisions regarding overshadowing of footpaths along various shopping streets refer to the September equinox.
LPD Property Pty Ltd
Yarra CC [2015] VCAT 1409