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[2016] VCAT 275
appellant. Decision of Responsible Authority set aside; permit granted subject to conditions including amended plans, engineering requirements, development conditions, and Gippsland Water conditions
VCAT overturned LaTrobe City Council's refusal to allow eleven single-storey townhouses in Traralgon. The Tribunal found the development appropriate for the Residential Growth Zone because it provided needed housing density near the town centre and railway station, while respecting the nearby heritage area through its single-storey scale and contemporary design. Traffic and parking concerns raised by neighbours were addressed through expert evidence showing compliance with standards. The permit was granted with conditions covering waste management, acoustic fencing, landscaping and drainage.
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(a) Relocation of the letter boxes for all dwellings to the western side of the proposed accessway. Letter boxes shall be a maximum height of 900mm.
(b) Relocation of the bin collection areas for dwellings 3-5 to the eastern side of the accessway.
(c) Provision of a timber acoustic fence along the western boundary of the site for a distance of 14.5m from the front boundary of the site. The acoustic fence must be a maximum height of 900mm for the first 2.5m from the boundary of the subject site, with the balance of the fence being 1.8m high; or the fence must be 1.8m high for its entire length but have a 50% transparency for the first 2.5m from the boundary of the subject site.
(i) a planting schedule of all proposed trees, shrubs and ground covers, including botanical names, common names, pot sizes, sizes at maturity and quantities of each plant;
(ii) landscaping and planting within all open areas of the site.
(e) The location and layout of the vehicle crossing to access the subject site shall be shown to comply with the layout of Latrobe City Council's vehicle crossing standard and at the property line, the crossing must be located a minimum of one metre from the side boundaries of the property.
(f) A Waste Management Plan must be provided to the satisfaction of the Responsible Authority.
(a) How the land including all buildings, open space and paved areas will be drained for a 1 in 5 year ARI storm event.
(b) An underground pipe drainage system conveying stormwater to the legal point of discharge.
(c) The provision of stormwater detention within the site and prior to the point of discharge into Latrobe City Council's drainage system. The stormwater detention system must be designed to ensure that stormwater discharges arising from the proposed development of the land are restricted to pre-development flow rates. The rate of pre-development stormwater discharge shall be calculated using a co-efficient of run-off of 0.4.
(d) A copy of the written consent of the West Gippsland Catchment Management Authority to the proposed works for the discharge of stormwater from the development to the Traralgon Creek.
(a) All drainage works must be constructed in accordance with the approved site drainage plan.
(b) The construction of all on-site stormwater detention works in accordance with the site drainage plan approved by the Responsible Authority.
(c) A new vehicle crossing must be constructed, in accordance with the endorsed plans, at right angles to the road and must comply with the vehicle crossing standards set out in Latrobe City Council's Standard Drawing LCC 307.
(d) The areas shown on the endorsed plans for vehicle access within the property must be constructed in accordance with the endorsed plans and be surfaced with concrete, reinforced concrete, brick paving or hot mix asphalt and drained in accordance with the approved site drainage plan.
(e) Installation of public lighting in accordance with Australian Standard AS1158, along all new vehicle accessways.
Provide an internal water and sewer service layout plan showing how the proposed units will be serviced prior to the commencement of any building works associated with the development. The plan must detail the proposed Fire Service requirements, water meter locations, sewer connections points and combined drain location.
(a) The development is not commenced within two years of the date of this permit; or
(b) The development is not completed within four years of the date of this permit.
In accordance with Section 69 of the Planning and Environment Act 1987, an application may be submitted to the responsible authority for an extension of the periods referred to in this condition.
[1] I have considered the written and oral submissions of all the parties that appeared, all the written and oral evidence, all the exhibits tendered by the parties, and all the statements of grounds filed. I do not recite or refer to all of the contents of those documents in these reasons.
Phoenix 9403 Pty Ltd
LaTrobe CC [2016] VCAT 275
Decision of Responsible Authority set aside; permit granted subject to conditions including amended plans, engineering requirements, development conditions, and Gippsland Water conditions