Victorian Civil and Administrative Tribunal|2013-04-10

For the reasons set out above, I will set side the Council's decision. This is not a piecemeal or premature application. The proposal is for both alterations to the building, its use and car parking. It is a holistic application. It is also not premature or inappropriate having regard to the zoning and other controls applicable to the land and surrounding area. A permit is granted subject to conditions. These will include a condition requiring the retention of the two windows in the upper façade to Kanowna Street, generally as suggested in the Council's draft.

Use of the building for the purpose of a display/marketing suite, alterations to the existing building with associated demolition work, reduction of the statutory parking requirement and the provision of car parking spaces on other land.

For the purposes of Clause 52.06-3 of the Hobsons Bay Planning Scheme, the 4 car parking spaces to be provided on the land to satisfy the requirements of Clause 52.06 must be provided on:
- (a) 11-13 Aitken Street (the land at the corner of Aitken Street and Windsor Terrace); or
- (b) Such other land and in such location on that land as the Responsible Authority may provide written consent for,

and be to the satisfaction of the Responsible Authority.

The use permitted by this Permit must not operate unless car parking is provided in accordance with Condition 7 and to the satisfaction of the Responsible Authority.
Prior to the occupation of the buildings hereby permitted, areas set aside for parked vehicles and access lanes as shown on the endorsed plans must to the satisfaction of the Responsible Authority be:
- (a) Constructed.
- (b) Properly formed to such levels that they can be used in accordance with the plans.
- (c) Surfaced with an all-weather seal coat.
- (d) Drained and maintained.

Parking areas and access lanes must be kept available for these purposes at all times.

All service pipes, (excluding downpipes), fixtures and fittings must be concealed on exposed elevations to the satisfaction of the Responsible Authority.
All brickwork on or facing the boundaries of the site must be either raked and cleaned (face brickwork) or rendered and painted or bagged and painted to the satisfaction of the Responsible Authority.
The owner must meet the costs of all alterations to and reinstatement of the Hobsons Bay City Council's or other public authority's assets deemed necessary and required by such Council or authority for the use or development. The owner must obtain the prior specific consent of the Council or other relevant authority to such alterations and reinstatements and must comply with conditions required by the Council or said authority in relation to the execution of such works.
If the nature strip, footpath and kerb or channel is damaged during construction of the approved development or during the construction of any services, it must be reinstated and made good, (including by the planting of grass if appropriate) at the cost of the owner to the satisfaction of the Responsible Authority.
This permit will expire if one of the following circumstances applies:
- (a) The development is not started within two years of the date of this permit.
- (b) The development is not completed within four years of the date of this permit.
- (c) The use is not commenced within four years of the date of this permit.

The Responsible Authority may extend the periods referred to if a request is made in writing before the permit expires or within three months afterwards.

[1] I have considered all submissions presented by the parties although I do not recite all of the contents in these reasons.

[2] NP Developments v Hobsons Bay CC (unreported) P3193/2012 dated 22 January 2013

[3] See Ungar v City Of Malvern (1979) VR259

[4] The photograph is in Mr Raworth's report. It is sourced from the book, 'Pubs of Williamstown' Tait, page 24.

Nelson Place Village Pty Ltd v Hobsons Bay CC & Ors [2013] VCAT 491 (10 April 2013)

Nelson Place Village Pty Ltd v Hobsons Bay CC & Ors [2013] VCAT 491

At a glance

Court

Decision date

Source

Judgment (13 paragraphs)

Parties

Cases Cited (1)

Nelson Place Village Pty Ltd v Hobsons Bay CC & Ors [2013] VCAT 491 (10 April 2013)