Victorian Civil and Administrative Tribunal|2015-12-04

The applicant must apply for the nominated legal point of discharge for the development where stormwater run-off must be collected and free drained to Council's drainage assets to Council standards.
Any seepage/agricultural drainage water must be filtered to rain water clarity and must be pumped to the nearest Council Drain/Pit and not be discharged to the kerb and channel to the satisfaction of the Responsible Authority (unless it directs otherwise.
All on−site stormwater is to be collected from the hard surface areas and must not be allowed to flow uncontrolled onto adjoining properties. The on-site drainage system must prevent discharge from each driveway onto the footpath. Such a system may include either:
- (a) a trench grate (150mm minimum internal width) located within the property and/or
- (b) shaping the driveway so that water is collected in a grated pit on the property and/or
- (c) another Council approved equivalent.
Before the development begins, three sets of detailed plans indicating the method of stormwater discharge to the nominated Legal Point of Discharge (and Stormwater Detention Systems where applicable) must be lodged with Council's Engineering Services department for approval.
The driveway / Parking areas / paved courtyards / paths and 'pervious' pavements must be graded / drained to prevent stormwater discharge onto the front footpath and into adjacent properties.

This permit will expire if one of the following circumstances applies:
- (a) the development is not started within two (2) years of the date of this permit; and
- (b) the development is not completed within four (4) years of the date of issue of this permit.

In accordance with section 69 of the Planning and Environment Act 1997, an application may be submitted to the Responsible Authority for an extension of the periods referred to in this condition.

[1] Those are not the exact words used, but the gist of what was said.

[3] I disregard the subdivision of the site on the north-west corner of the intersection of Tramway Parade with Cloris Avenue which has been subdivided for the purpose of a dual occupancy development.

[4] Common driveway here means the central driveway serving dwellings 2, 3 and 4. Dwelling 1 has separate access.

[5] These numbers relating to trees appear in the landscape plan tendered as exhibit C9 at the hearing.

Muir v Bayside CC [2015] VCAT 1930 (4 December 2015)

2bscene Design Pty Ltd v Boroondara CC [2014] VCAT 1138;

Damjan Investments Pty Ltd v Mornington Peninsula SC [2013] VCAT 558

Re Hammond [2015] VSC 608

Muir v Bayside CC [2015] VCAT 1930

At a glance

Court

Decision date

Source

Judgment (12 paragraphs)

Parties

Cases Cited (6)

Muir v Bayside CC [2015] VCAT 1930 (4 December 2015)