TLC Aged Care Pty Ltd v Yarra CC [2015] VCAT 1601
[2015] VCAT 1601
At a glance
Source factsCourt
Victorian Civil and Administrative Tribunal
Decision date
2015-10-06
Source
Original judgment source is linked above.
Judgment (5 paragraphs)
- For the reasons explained above, we conclude that while the facility is needed, would provide very generous internal amenity, and its interface to the adjoining dwellings is well managed, we think the building is too tall and imposing. It has not responded appropriately to the prevailing low rise built form, including the heritage buildings. We think the base and "tower" component is generally acceptable, but consider the "cap" needs substantial change to make it more recessive. We are unable to condition the changes needed to make the proposed use and development acceptable.
- The decision of the responsible authority is affirmed. No permit is to be granted.
[1] Section 4(2)(d) of the Victorian Civil & Administrative Tribunal Act 1998 states a failure to make a decision is deemed to be a decision to refuse to make the decision.