Victorian Civil and Administrative Tribunal|2003-11-07

Tulcany Pty Ltd v Knox CC [2003] VCAT 1627 (7 November 2003)

Applications under Section 77 of the Planning and Environment Act 1987 (the Act) to review decisions to refuse a permit. Permit Application Nos. 20036723 & 20036722. Residential 1 Zone. Vegetation Protection Overlay. Clause 55 Two or more dwellings on a lot and residential buildings. Residential building (8 Bedrooms). State and Local Planning Policy Framework. Zone Purposes. Need. Anti social behaviour. Neighbourhood character. Streetscape. Back yard amenity. Landscape. Building envelope. Private open space. Daylighting. Privacy. Car parking,

The order of the Tribunal in Application for Review P1972/2003 is that the decision of the Responsible Authority is set aside. A permit is granted for a residential building(boarding house) at 10 Milton Street, Ferntree Gully, generally in accordance with the endorsed plans and subject to the following conditions:-

1. Before the use commences, amended plans to the satisfaction of the Responsible Authority 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 drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the plans submitted with the application but modified to show:

1.1 Screening devices for the windows of Bedrooms 4 and 5 to reasonably limit views to the open space of 52 The Avenue without unreasonably affecting the outlook from these bedrooms;

1.2 The removal of the metal clad garage and the smaller of the two metal clad stores to provide additional area for car parking, landscaping and open space;

1.3 Landscaping including screen planting along the west and north boundaries toward the rear of the site, and;

1.4 The provision of 4 individually accessible car spaces (i.e. not in tandem arrangement).

2. The use and development as shown on the endorsed plans must not be altered without the written consent of the responsible authority. The maximum number of residents of the permitted boarding house, at any one time, shall be eight.

3. Within six months of the date of issue of this permit, driveways and car parking areas must be fully constructed in accordance with endorsed plans to the satisfaction of the Responsible Authority.

4. Parking areas and driveways must be kept available and maintained for these purposes at all times to the satisfaction of the Responsible Authority.

5. No bins or other receptacles for any form of rubbish shall be placed or allowed to remain in view of the public (with the exception of collection days) and no odour shall be allowed to emit from any receptacles so as to cause offence to persons outside the premises.

6. A copy of this permit shall be displayed at all times in a prominent location within the premises to the satisfaction of the Responsible Authority.

7. Within six months of the date of issue of this permit, landscaping works must be completed in accordance with the endorsed plan and there after maintained to the satisfaction of the Responsible Authority.

9. Within six months of the date of issue of this permit, a Management Plan for the effective operation of the use must be submitted to and approved by the Relevant Authority. Two copies of the Management Plan are to be submitted setting out:

(i) house rules for the purpose of protecting the amenity of residents and neighbours.

(ii) the name and contact details of the person responsible for the day to day management of the premises.

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

(i) The development is not started within six months of the date of this permit.

(ii) The development is not completed within one 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.

The order of the Tribunal in Application for Review P1972/2003 is that the decision of the Responsible Authority is set aside. A permit is granted for a residential building(boarding house) at 54 The Avenue, Ferntree Gully, generally in accordance with the endorsed plans and subject to the following conditions:-

1. Before the development commences, amended plans to the satisfaction of the Responsible Authority 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 drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the plans submitted with the application but modified to show:

1.1 Removal of the driveway and car parking spaces along the common boundary with 8 Milton Street.

1.2 Reconfigure car parking area accessed via Craig Street to provide a minimum of two car parking bays.

1.3 Provision of a minimum of 2 car parking space accessed via Milton Street.

1.4 Landscaping including screen planting adjacent to the boundary of 8 Milton Street