Victorian Civil and Administrative Tribunal|2015-10-06

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.

[3] We have considered the submissions of all the parties that appeared, all the written and oral evidence, all the exhibits tendered by the parties, and all the statements of grounds filed. We do not recite or refer to all of the contents of those documents in these reasons.

[5] Leaper Investments Pty Ltd v Yarra CC [2013] VCAT 2209

Administrative Tribunal Act 1998

TLC Aged Care Pty Ltd v Yarra CC [2015] VCAT 1601 (6 October 2015)

Leaper Investments Pty Ltd v Yarra CC [2013] VCAT 2209

TLC Aged Care Pty Ltd v Yarra CC [2015] VCAT 1601

At a glance

Court

Decision date

Source

Judgment (5 paragraphs)

Parties

Legislation Cited (1)

Cases Cited (2)

TLC Aged Care Pty Ltd v Yarra CC [2015] VCAT 1601 (6 October 2015)