Medium Neutral Citation: [2002] VCAT 1677

The decision of the Responsible Authority is set aside. A permit is granted and directed to be issued for land at 9 Jindabyne Avenue, Chadstone. The permit will allow the construction of a second dwelling on the land generally in accordance with the plans submitted at the mediation on the 3rd of December 2002. The Tribunal directs that the permit must be subject to the following conditions:

1. Before the development starts, three copies of an amended plan(s) drawn to scale and dimensioned, must be submitted to and approved by the Responsible Authority. When approved the plans will be endorsed and will then form part of the permit.

The plans must be generally in accordance with the plans submitted to the Tribunal on 3 December 2002 but modified by the positioning of the north-east wall of the living room and the entry of the dwelling in accord with the originally submitted plans dated August 2001.

2. The development as shown on the endorsed plans must not be altered without the written consent of the Responsible Authority.

3. Before the use and/or development starts, a site layout plan drawn to scale and dimensioned must be approved by a building practitioner registered under the Building Act 1993 and submitted to the City of Monash, the Responsible Authority.

The plans must show a drainage scheme providing for the collection of stormwater within the site and for the conveying of the stormwater to the nominated point of discharge. The nominated point of discharge is the west corner of the property where stormwater must be collected and piped to the 300mm Council drain in the rear easement via a 900 x 600mm junction pit to be constructed to Council standards.

Note: If the point of discharge cannot be located then please notify Council's Engineering Division immediately.

4. All on-site stormwater is to be collected from hard surface areas and must not be allowed to flow uncontrolled into adjoining properties (including the road reserve).

5. Driveways are to be designed and constructed using appropriate engineering standards.

6. Stormwater discharge is to be retained on site to the predevelopment level of peak stormwater discharge. Approval of any retention system is required by the City of Monash, the Responsible Authority, prior to works commencing.

Note: A drainage contribution may be accepted in lieu of the installation of the retention system.

7. A landscape plan prepared by a landscape architect or a suitably qualified or experienced landscape designer, drawn to scale and dimensioned must be submitted to and approved by the Responsible Authority. The plan must show the proposed landscape treatment of the site including:

* the location of all existing trees and other vegetation to be retained on site;

* provision of canopy tees with spreading crowns located throughout the site including the major open space areas of the development;

* planting to soften the appearance of hard surface areas such as driveways and other paved areas;

* a schedule of all proposed trees, shrubs and ground cover, which will include the size of all plants (at planting and at maturity), their location, botanical names and the location of all areas to be covered by grass, lawn, mulch or other surface material;

* the extent of any cut, fill, embankments or retaining walls associated with the landscape treatment of the site;

* details of all proposed hard surface materials including pathways, patio or decked areas;

When approved the plan will be endorsed and will then form part of the permit.

8. Before the use allowed by this permit starts, landscaping works as shown on the endorsed plans must be completed to the satisfaction of the Responsible Authority and then maintained to the satisfaction of the Responsible Authority.

9. Once the development has started it must be continued and completed to the satisfaction of the Responsible Authority.

10. This permit will expire if one of the following conditions applies:

* The development is not started within two years of the date of this permit.

* The development is not completed within four years of the date of this permit.

The Responsible Authority may extend the periods referred to if a request is made in writing before the permit expires or within three months afterwards.

Mr Adam Johnson, Town Planner appeared on behalf of the Responsible Authority.

Mr John McDill, Planning Consultant appeared on behalf of Mr Paul Sunderman who also participated in the proceedings.

1. This was an application under Section 77 of the Planning and Environment Act 1987 to review a decision by the City of Monash to refuse to grant a permit in Application No. 28524 for the construction of a second dwelling on land at 9 Jindabyne Avenue, Chadstone.

2. The above order was achieved by agreement between the parties at the mediation.