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[2023] VCAT 665
appellant. Permit granted. The decision of the responsible authority is set aside. A permit is directed to be issued for the construction of three dwellings subject to conditions set out in Appendix A, with...
The Victorian Civil and Administrative Tribunal overturned Whittlesea Council's refusal to allow three townhouses on a corner block in Thomastown. The Council had refused because it was worried about the double-storey buildings fitting into the neighbourhood and about cars using a crossover onto Scott Street, which Council wants to make more pedestrian and bicycle friendly. The Tribunal found that the development actually improves the area by replacing a long blank garage wall with two houses facing the street, which makes the street feel safer through 'passive surveillance' (people being able to see what's happening on the street from their homes). The Tribunal also noted that big trees and setbacks would help the double-storey buildings blend in, and that moving the car crossover didn't really change how many cars would use the street. The Tribunal followed earlier decisions that said putting houses facing Scott Street helps achieve Council's own goals for the street. The permit was granted with conditions about landscaping, drainage and construction management.
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1 cited instrument linked from this judgment.
(a) Plans that show the alterations required to Scott Street between French Street and the site, including surfacing, and any required bollards and lighting. > > (b) Landscaping as required by Condition 3 of this permit; > > (c) Recommendations of the ESD Report. > > (d) Schedule of external materials, finishes and colours
Concurrent with the endorsement of plans under Condition 2 and before the development hereby permitted commences, a Sustainable Design Assessment to the satisfaction of the Responsible Authority must be submitted to, and approved by, the Responsible Authority. When approved, the plans will be endorsed and will then form part of this Permit. The amended plans and Sustainable Design Assessment must be generally in accordance with the submitted Sustainable Design Assessment dated 21 July 2023 and prepared by eight solutions.
Prior to the commencement of works, including demolition and excavation, a Construction Management Plan must be submitted to and endorsed by the Responsible Authority and be in accordance with the Responsible Authority's Construction Management Plan template and include a detailed Site Management Plan. No works are permitted to occur until the Plan has been endorsed by the Responsible Authority. Once endorsed, the Construction Management Plan will form part of the permit and must be implemented to the satisfaction of the Responsible Authority.
For further information, including submission, please contact Council's Infrastructure Protection unit on 9217 2170 or info@whittlesea.vic.gov.au.
The compliance report must be to the satisfaction of the Responsible Authority and must confirm that all measures specified in the SDA have been implemented in accordance with the approved documentation.
asphalt, interlocking paving bricks, coloured concrete or other similar materials to the satisfaction of the Responsible Authority.
In areas set aside for car parking, measures must be taken to the satisfaction of the Responsible Authority to prevent damage to fences or landscaped areas.
Before the occupation of the development hereby permitted, the areas set aside for the parking of vehicles and access lanes as shown on the endorsed plans must be:
(a) Constructed.
(b) Properly formed to such levels that they can be used in accordance with the plans.
(c) Surfaced with an all-weather sealcoat or treated to the satisfaction of the Responsible Authority to prevent dust and gravel being emitted from the site.
(d) Drained and maintained.
to the satisfaction of the Responsible Authority. Car spaces, access lanes and driveways must be kept available for these purposes at all times, to the satisfaction of the Responsible Authority.
Prior to occupation of any dwelling on the subject site, a letter box and house number to the satisfaction of the Responsible Authority shall be provided for each dwelling.
At all times during the construction phase of the development, the permit holder shall take measures to ensure that pedestrians are able to use with safety any footpath along the boundaries of the site.
Upon completion of all buildings and works authorised by this permit the permit holder must notify the Responsible Authority of the satisfactory completion of the development and compliance with all relevant conditions.
Stormwater flows in excess of the approved capacity of the pipe drainage system must not be trapped by any construction but must be permitted to flow over the finished surface of the site to the street or drainage easement.
Prior to occupation and/or use of the building, all litter shall be completely removed from the site.
During the construction phase, vehicles leaving the site must not deposit mud or other materials on roadways. Any mud or other materials deposited on roadways as a result of construction works on the site must be cleaned to the satisfaction of the Responsible Authority within two hours of it being deposited.
(a) The development is not started within two (2) years of the issue date of this permit. > > (b) The development is not completed within four (4) years of the issue 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] 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.
Shoker
Whittlesea CC [2023] VCAT 665
In orienting the dwellings 2 and 3 to Scott Street, I agree with Member Watson in Site Matters Pty Ltd v Whittlesea CC [2021] VCAT 854 where she noted the following:
Permit granted. The decision of the responsible authority is set aside. A permit is directed to be issued for the construction of three dwellings subject to conditions set out in Appendix A, with plans AP03, AP10, AP11 and AP20 Revision 3 dated 9 March 2023 prepared by MIMAR Design substituted for the original permit application plans.