Victorian Civil and Administrative Tribunal|2009-09-25

This matter will now be remitted to Member Read for final determination based on this ruling.

[1] Such as Palenkas v Whitehorse CC [2003] VCAT 2043, Georgiou v Bayside CC [2006] VCAT 1134, Villawood Homes v Greater Geelong CC [2006] VCAT 2041 and Freeman and Freeman v Boroondara CC [2006] VCAT 1146

[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]

[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]

[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

[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]

Stubbs Street Kensington Pty Ltd v Melbourne CC (includes Summary) (Red Dot) [2009] VCAT 1947 (25 September 2009)

Palenkas v Whitehorse CC [2003] VCAT 2043

Villawood Homes v Greater Geelong CC [2006] VCAT 2041

Freeman & Freeman v Boroondara CC [2007] VCAT 1146

Georgiou v Bayside CC [2006] VCAT 1132

Dragicevic v Bayside CC [2001] VCAT 467

Revill v Stonnington CC [2005] VCAT 2583.

Stubbs Street Kensington Pty Ltd v Melbourne CC

At a glance

Court

Decision date

Source

Judgment (22 paragraphs)

Parties

Cases Cited (7)

Stubbs Street Kensington Pty Ltd v Melbourne CC (includes Summary) (Red Dot) [2009] VCAT 1947 (25 September 2009)