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[2023] VCAT 688
appellant. Permit granted; Council's decision affirmed
The Victorian Civil and Administrative Tribunal approved a two-storey extension to a heritage-listed cottage in Albert Park, rejecting objections from neighbours about heritage impacts and visual bulk. The Tribunal found that while the addition would be visible from the rear laneway, it would be largely concealed from the street frontage, satisfying heritage policy. The decision recognised that the area has gradually changed since a similar proposal was refused in 1999, with other two-storey additions now present. The Tribunal ruled that heritage protection doesn't require preserving the area exactly as it is, and that reasonable expectations in this inner-urban location accommodate well-designed modern additions that respect the heritage streetscape while providing contemporary housing.
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1 cited instrument linked from this judgment.
[1] As the land is off-set from north, some directional references have been simplified for ease.
[2] 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. The subject land is located in an area of Aboriginal Cultural Heritage Sensitivity and the proposal does not trigger a Cultural Heritage Management Plan.
[4] Alsocan Pty Ltd v Port Phillip CC, VCAT Ref P496/2018 & P757/2018. The AUSTLII reference is (erroneously) cited Alsocam [sic] Pty Ltd v Port Phillip CC [1999] VCAT 1143.
[5] Sutherland v Port Phillip CC [2023] VCAT 338; Christie v Port Phillip CC [2023] VCAT 562.
[6] City of Port Phillip Heritage Policy Map December 2021.
[7] Alsocam (sic) Pty Ltd v Port Phillip CC [1999] VCAT 1143, at page 3 of 10.
[10] Cited in the Council's submission, at paragraph 68, excluding the advice relating to verandah decking which is addressed in the Notice of Decision.
[12] Alsocam (sic) Pty Ltd v Port Phillip CC [1999] VCAT 1143, at page 9 of 10.
[13] I have cropped this photo to exclude the gathered people.
[14] Noting how the standard is interpreted as set out in PPN27 Understanding the Residential Development Provisions.
Ntentis
Port Phillip CC [2023] VCAT 688
Permit granted; Council's decision affirmed