[3] [2007] VCAT 2445 at [17] - [18]. In the case of Hassta Holdings Pty Ltd v Maroondah CC, I undertook an extensive analysis of the relationship between the Subdivision Act 1988 and the Planning and Environment Act 1987 regarding public open space requirements. This decision has been appealed to the Supreme Court but to date no decision has been made. I have relied upon aspects of Hassta in this decision, which I consider I am entitled to do in the absence of any contrary decision by the Supreme Court.

[5] Permit nos. MV/19436/2008 and MV/19439/2008 both issued on 30 June 2008

[6] For example, see the remarks by Justice Morris in Palenkas v Whitehorse CC [2003] VCAT 2043 at [4] - [7]

[7] See Dragicevic v Bayside CC [2001] VCAT 467 at [15]; and Hassta Holdings Pty Ltd v Maroondah CC [2007] VCAT 2445 at [48] - [59]

[8] [2004] VCAT 19

[9] In this context, it is well established that a need for more open space includes improvements to existing open space. For example see Georgiou v Bayside CC [2006] VCAT 1134 at [22], and Barker Monaghan Pty Ltd v Moreland CC [2008] VCAT 2432 at [15]

[10] (1984) 2 PABR 8; (1984) 14 APAD 34

[11] No similar criteria exists in clause 52.01.

[12] See Barker Monaghan Pty Ltd v Moreland CC [2008] VCAT 2432 at [3] - [4]

[13] One of the lots was capable of further subdivision

[14] [2006] VCAT 1134

[15] [2007] VCAT 146

[16] [2006] VCAT 2252

[17] [2006] VCAT 2041

[18] 2001] VCAT 467

[19] Eg. Revill v Stonnington CC [2005] VCAT 2583; Barker Monaghan Pty Ltd v Moreland CC [2008] VCAT 2432; Scarleett v Hobsons Bay CC [2009] VCAT 203; Helliar McPharland Pty Ltd v Boroondara CC (red dot) [2005] VCAT 1449; Breese Pitt Pty Ltd v Maroondah CC [2008] VCAT 1736; Agnew v Yarra CC [2008] VCAT 489

[20] Into the Local Government Act 1958. A history of open space contributions in included in Fletcher v Maroondah CC [2006] VCAT 2205 at [11]- [20]

[21] Section 3 of the Subdivision Act 1988

[22] See section 18(8)(a) of the Subdivision Act 1988