Tsui v Monash CC [2017] VCAT 1467

[2017] VCAT 1467

Victorian Civil and Administrative Tribunal|2017-09-13

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At a glance

AI case summary

Result

appellant. Decision of responsible authority affirmed; no permit granted

Key principles

The Tribunal affirmed the refusal of a planning permit for two dwellings on the basis that the proposal constituted overdevelopment with excessive bulk and mass, lacked...
The Tribunal found that the semi-basement design necessitated excessive excavation and retaining walls along the eastern boundary, which restricted meaningful landscaping...
The Tribunal accepted that two dwellings could be accommodated on the site but required specific design modifications: reduction in upper level footprints; articulation of side...

Issues before the court

Whether the proposed two dwellings complied with the neighbourhood character policies of the Monash Planning Scheme, specifically Character Area...
Whether the proposal provided adequate landscaping opportunities to soften and screen the building
Whether the proposal provided adequate secluded private open space
Whether the visibility of entry to dwelling 2 was acceptable

Plain English Summary

A property owner wanted to build two large houses on one block in Glen Waverley, with basement garages requiring deep excavation. The Council refused the permit, and the Tribunal agreed. The main problems were that the houses looked too big and boxy compared to neighbouring homes, the excavation left no room for plants and trees to soften the building's appearance, and the tall retaining walls would be ugly from the street. The Tribunal said two houses could be built there, but they would need to be redesigned with smaller upper floors, more architectural detail, better landscaping space, and a clearer front entrance for the second house.

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Judgment (2 paragraphs)

[1]

For the reasons given above, the decision of the responsible authority is affirmed. No permit is granted.

[2]

Tsui v Monash CC [2017] VCAT 1467

At a glance

Result

Key principles

Issues before the court

Plain English Summary

Judgment (2 paragraphs)

Cited legislation

Parties

Legislation Cited (1)

Cases Cited (1)

Tsui v Monash CC [2017] VCAT 1467 (13 September 2017)

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