[2019] VCAT 1971
General information, not legal advice.
Victorian Civil and Administrative Tribunal
2019-12-11
Mr J
Original judgment source is linked above.
(a) Driveway to provide at least 2.1m headroom beneath overhead obstructions.
(b) Ramp grades (except within 5 metres of the frontage) to be designed in accordance with attachment B to letter dated 8 November 2019 from O'Brien Traffic and provide the following:
ii Provision of minimum 2.0 metre grade transitions between different section of ramp or floor for changes in grade in excess of 12.5% (summit grade change) or 15% (sag grade change).
iii Grade changes greater than 18% or less than 3 metres apart are to be assessed for clearances in accordance with Appendix C of the Australian Standard for Off - Street Car Parking, AS/NZS 2890.1.
(c) Tree protection details for Tree No. 12 as shown in the Arborist report prepared by Blue gum dated 10/18.
(d) Tree protection zones and tree protection measures for all trees to be retained including neighbouring trees.
(e) The location and design of any proposed electricity supply meter boxes. The electricity supply meter boxes must be located at a distance from the street which is at or behind the setback alignment of buildings on the site or in compliance with Council's "Guide to Electricity Supply Meter Boxes in Monash".
(f) Removal of screening to first floor bedrooms of units 3 and 4 on the western elevation.
(a) the location of all existing trees and other vegetation to be retained on site;
(b) provision of canopy trees with spreading crowns located throughout the site including the major open space areas of the development;
(c) planting to soften the appearance of hard surface areas such as driveways and other paved areas;
(d) a schedule of all proposed trees, shrubs and ground cover, which will include the size of all plants (at planting and at maturity), their location, botanical names and the location of all areas to be covered by grass, lawn, mulch or other surface material;
(f) the extent of any cut, fill, embankments or retaining walls associated with the landscape treatment of the site;
(g) details of all proposed hard surface materials including pathways, patio or decked areas;
When approved the plan will be endorsed and will then form part of the permit.
The development as shown on the endorsed plans must not be altered without the written consent of the Responsible Authority.
In accordance with section 69 of the Planning and Environment Act 1987, the responsible authority may extend the periods referred to if a request is made in writing before the permit expires, or within six months of the permit expiry date, where the development allowed by the permit has not yet started; or within 12 months of the permit expiry date, where the development has lawfully started before the permit expires.
[1] The submissions and evidence of the parties, any supporting exhibits given at 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] FCAP Pty Ltd v Maroondah CC [2018] VCAT 1362 (11 September 2018)
New Bee Pty Ltd
Monash CC [2019] VCAT 1971