Modo Project Builders Pty Ltd v Frankston CC [2017] VCAT 390

The only other requirement of the planning scheme that may not be met is in relation to car parking. Clause 52.06 requires parking to be provided in accordance with the Table to Clause 52.06-5. "Dwelling" is referred to in that Table, but only if two or more dwellings are to be constructed. Where there is no requirement specified in the Table an adequate number of off-street car spaces must be provided to the satisfaction of the responsible authority.
The plans show provisions for off-street parking spaces, including one disable space. If there is disagreement between the developer and the responsible authority as to the appropriate provision for off-street parking it is not necessary for the developer to apply for a permit. Instead there is provision for arbitration by the Tribunal under section 149 of the Act, which enables application to be made to the Tribunal if a planning scheme required something to be done to the satisfaction of the responsible authority and there is disagreement about the matter.

Modo Project Builders Pty Ltd v Frankston CC [2017] VCAT 390 | Case summary | Zoe

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