Victorian Civil and Administrative Tribunal|2025-03-28

For the reasons given above, the decision of the responsible authority is set aside.
No permit is granted.

[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.

[2] Nearmap. Images captured 1 December 2024.

[3] Permit D/803/2021 issued on 12 October 2022. The permit will expire if the development does not start within 3 years of the issue date or is not completed within 5 years.

[7] I observe in passing that the extent of overshadowing depicted on the plans of the permitted four dwelling development do not provide sufficient information to demonstrate compliance with the numeric requirements of Standard B21 at clause 55.04-5.

[8] See for example 'West elevation without fence' in Plan TP.04.02 Rev F.

[9] Measured above ground level at the boundary.

[10] A commensurate increase in the fence height by 0.9m and 0.6m respectively would be required to achieve a fence height that is 2m above the relative height of the adjoining elevated play spaces. Thus, for a fence whose height is presently shown as 2.1m measured above ground level at the boundary, the resulting overall fence height would increase to 3m and 2.7m.

Civil and Administrative Tribunal Act 1998

Environment Act 1987

Pearce v Darebin CC [2025] VCAT 200 (28 March 2025)

Pearce v Darebin CC [2025] VCAT 200

At a glance

Court

Decision date

Source

Judgment (8 paragraphs)

Parties

Legislation Cited (2)

Cases Cited (1)

Pearce v Darebin CC [2025] VCAT 200 (28 March 2025)