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[2000] VCAT 810
Victorian Civil and Administrative Tribunal
2000-03-31
Original judgment source is linked above.
The applicant is prepared to amend the structure of the carport, if required, to overcome any concerns Council may have about its appearance.
6. The Tribunal inspected the area prior to the preparation of this decision.
7. The request is to review condition 2 that requires a recently constructed carport and concrete driveway in front of the existing dwelling to be removed. The carport apparently has had a building permit for some time, however has only recently been installed. It replaced an old garage in the rear yard and was required by tenants using the existing dwelling.
8. The Responsible Authority in considering a permit application for a dual occupancy, allowed the dual occupancy but required the removal of the front carport to improve the frontage for landscaping and to be more in keeping with the streetscape and character of the area.
9. M/s Moser explained the reasons for the Responsible Authority decision and Mr Long explained that the structure could be improved to blend more with the area and be part of the dwelling with a gable roof and that it allowed cars on site to be able to turn and all leave the site in a forward direction.
10. The dual occupancy proposal has a single garage and tandem car space for each dwelling set between the two dwellings and there is room for these vehicles to turn and exit the site in a forward direction. The Tribunal is satisfied that adequate carparking is planned without the need for the front carport and concrete slab that does detract from the area. The Responsible Authority has a character study that sets out its aims and objectives and the Tribunal in this instance believes that the carport should be removed and the streetscape/local character should be improved with that.
11. The Tribunal supports the Responsible Authority in its aims of improving streetscapes and to retain the carport and large concrete slab would definitely detract from that area. The inspection was helpful in understanding the effects of the carport being retained or removed.
12. The carport and concrete paving must be removed and the Condition 2 shall remain to ensure that it is carried out as part of the dual occupancy development.
R R Long Planning
Monash CC [2000] VCAT 810