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[2003] VCAT 1882
Victorian Civil and Administrative Tribunal
2003-12-15
Original judgment source is linked above.
The Application is allowed and I will order that a permit issue subject to conditions.
Phillips
Macdeon Ranges SC [2003] VCAT 1882
13. Melbourne 2030 is an adopted strategic plan to which the Tribunal must have regard pursuant to Section 60 of the Planning and Environment Act 1987 (refer O'Connell Street Developments Pty Ltd v Yarra City Council [2003] VCAT 448). The Tribunal must give greatest weight to the provisions of the Scheme as they exists at the date of its decision and in giving weight to the policies in the Scheme must have regard to Melbourne 2030.
25. The circumstances of this Application can be distinguished from the examples cited by Mr Gorman in favour of deferring a decision. In each of the determinations he referred to (The Gandel Group v Hume City Council [2001] VCAT 450 and Teac Australia Pty Ltd v Port Phillip City Council and Others [1999] VCAT 1222), the proposals themselves were in contest, whereas the current Application involves a small subdivision that both parties agree meets all of the current Scheme requirements.
26. In addition, unlike the situation considered by me in Carson Simpson Pty Ltd v Manningham City Council and Others [1999] VCAT 1772 (referred to by Mr Gorman), there was certainty about the future rezoning of the land following consistent support for that rezoning through a Panel and Advisory Committee recommendation and shortly to be adopted by the Minister. Moreover, the future zoning was only one of a number of factors that was relevant to rejecting that subdivision proposal.