austlii:vic/VBAB/2025/51
General information, not legal advice.
VBAB
2025-04-14
Original judgment source is linked above.
The application has been assessed in accordance with the Minister's Guidelines and found to be non-compliant with the relevant criteria. Although no objections have been received from the adjoining owner at 32 Violet Street, Frankston South, and the setback is considered unlikely to disrupt the streetscape - aligning with the requirements for a verandah, which would be deemed "as of right" with the same setback, as the design is not consistent with the Frankston South 11 Neighbourhood Character Precinct Policy, the application must be refused.
[1] Clause 17 of Schedule 3 to the Building Act 1993 provides: 'Unless the Building Appeals Board otherwise determines, a party to a proceeding before the Board must bear his, her or its own costs'.
�Smale & Anor
Frankston City Council [2025] VBAB 51;