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[2001] VCAT 735
General information, not legal advice.
Victorian Civil and Administrative Tribunal
2001-05-31
Metro Giant P
Original judgment source is linked above.
Application 2000/033865 under S.79 of the Planning and Environment Act 1987 for review of the failure to grant a permit within the prescribed time. Permit Application No. BOR 99/1059. Demolition of existing dwelling and the development of replacement dwellings (two, two-storey dwellings).Residential 1 Zone. Heritage Overlay. Corner Irregular Site (Frontage 24.38 metres, Area 1300 square metres). Significance of a heritage place. Condition. Integrity. Cost of reinstatement. Fair and orderly use and development of land. Neighbourhood character. Streetscape. Back Density. Privacy.
It has been brought to the attention of the Tribunal that there is an accidental slip or omission in the order of the Tribunal in this Application for Review. Condition 1 proposed in the order referred to "plans submitted on 12 February 2001", an incorrect reference to the plans relied on in the hearing as set out in Paragraph 3 of the Reasons. The order of the Tribunal dated the 11th April is corrected under the provisions of Section 119 of the Victorian Civil and Administrative Tribunal Act 1998, by replacing condition 1 set out in the order with the following condition:
1. Before the use and/or development starts, amended plans must be submitted to the satisfaction of the Responsible Authority. When the plans are to the satisfaction of the Responsible Authority they will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies provided generally in accordance with the amending plans relied on at the hearing of Application for Review 2000/033865 being plans by the Delta Design Group Pty Ltd, drawings numbered TP-20 to TP-23 (or Revision D), TP-24 and TP-25 (both Revision E), TP-26 and TP-27 (both Revision D), and TP-30 and TP-31 (both Revision A) but modified to show:
(a) overall wall heights on all elevations from ground to eaves;
(b) fence detail in Hawthorn Glen including all heights and materials;
Metro Giant PL
Boroondara CC [2001] VCAT 735