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[2020] VCAT 1347
General information, not legal advice.
Victorian Civil and Administrative Tribunal
2020-12-02
Original judgment source is linked above.
[1] I will adopt the spelling on the existing permit, rather than 'drive-thru'.
[2] The submissions and evidence of the parties, any supporting exhibits given at the hearing, submissions received after 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.
[3] Pursuant to s. 72 of the Planning and Environment Act 1987.
[4] The hearing was conducted by Zoom, an online platform.
[5] 478 St Kilda Road Land Pty Ltd v Port Phillip CC (Red Dot) [2016] VCAT 445, [22].
[6] McDonald v Moreland CC (1997/78564 and Ors) [1998] VICCAT 328, 7.
[7] McDonald's Properties (Australia) Pty Ltd v Moreland CC [1999] VCAT 197.
[8] CFAL Pty Ltd v Moreland CC [2019] VCAT 87.
[9] HJBE Pty Ltd v Casey CC [2009] VCAT 2539, [11].
[10] CFAL Pty Ltd v Moreland CC [2019] VCAT 87, [16].
[12] CFAL Pty Ltd v Moreland CC [2029] VCAT 87, [10].
[13] According to Mr Leo, 'Measurements were conducted at positions representative of the most affected window/façade at 2A Sussex Street and 3 Sussex Street and adjusted for distance, reflections and screening where necessary'.
[14] The measurements were taken between 0.15am and 1.00am on Sunday 4 October 2020.
[15] Letter from Tim Marks (Marshall Day) to McDonald's, dated 19 November 2019.
[16] In a report prepared by Ektimo that was part of the advertised documents for the application.
[17] CFAL Pty Ltd v Moreland CC [2029] VCAT 87, [10].
McDonald's Australia Limited
Moreland CC [2020] VCAT 1347