Victorian Civil and Administrative Tribunal|2010-09-06

For the reasons set out above, the decision of the responsible authority is set aside. A permit is granted subject to conditions.

Before the development starts, amended plans (three copies) must be submitted and approved by the Responsible Authority. When approved these plans will be endorsed and form part of the planning permit. The plans must be drawn to scale with dimensions and be generally in accordance with the amended plans considered by the Tribunal but modified to show:
- (a) The provision of a minimum of two larger areas of open space at ground floor along each of the eastern and western boundaries capable of containing an existing or new canopy tree. Each area is to have minimum dimensions of 5m by 7m.
- (b) The enlargement, re-orientation or re-design of south facing balconies to the first and second floor level apartments numbers 6, 7, 8,11, 22, 23 24, 26 and 27 to improve sunlight access and orientation.
- (c) The Tree Protection Zones (TPZ) of all trees to be retained and any tree on an abutting lot within 5.0 metres of the site's boundaries. The TPZ is to be determined in accordance with the recommendations in accordance with the expert evidence of Rob Galbraith dated July 2010;
- (d) All car spaces and internal accessways to be dimensioned and accord with Australian Standards;

all to the satisfaction of the Responsible Authority.

Concurrently with submitting the Condition 1 plans to the Responsible Authority or by such later time agreed to by the Responsible Authority in writing, a landscape plan must be submitted to the Responsible Authority for approval. Once approved the plan will be endorsed and will form part of the permit. The plan must be prepared by an accredited landscape architect and must provide for the appropriate landscaping of the site to the satisfaction of the responsible authority. The landscape plan must be generally in accordance with the landscape plan LCD-001 rev A by Hansen attached to the expert witness statement of Craig Czarny dated July 2010 and consistent with the recommendations set out in the expert witness statement of Rob Galbraith dated 28 July 2010. Amongst other things the plan must show (at a minimum):
- (a) all trees to be retained on the site;
- (b) the TPZ for all trees to be retained on the site and for all trees within 5 metres of a boundary of the site consistent with Condition 1;
- (c) planting of all proposed vegetation (trees, shrubs and ground covers);
- (d) proposed design features such as paths, paving, lawn and mulch;
- (e) a planting schedule of all proposed vegetation (trees, shrubs and ground covers) which includes, botanical names, common names, pot size, mature size and total quantities of each plant.
- (f) Changes in accordance with Condition 1a).
All landscaping shown on the endorsed plans must be completed prior to any dwelling being occupied and thereafter maintained to the satisfaction of the Responsible Authority;
Concurrently with submitting the Condition 1 plans to the Responsible Authority or by such later time agreed to by the responsible authority in writing, a Waste Management Plan must be submitted to the Responsible Authority for approval. Once endorsed the Plan will form part of the planning permit. The Plan must detail :
- (a) bin numbers and capacities (size);
- (b) the frequency for collection of all waste;
- (c) the location for collection of all waste;
- (d) how bin placement/retrieval is to be managed;

All waste must be collected from the site by a private contractor.
The endorsed Waste Management Plan must be implemented and complied with at all times to the satisfaction of the Responsible Authority.
Concurrently with submitting the Condition 1 plans to the Responsible Authority or at by such later time agreed to by the responsible authority in writing, a Construction/Environmental Management Plan must be submitted to and approved by the Responsible Authority. Once approved the Plan will be endorsed and form part of the planning permit. This Plan must include (but not necessarily be limited to) the following information (in relation to the period of construction):
- (a) Methods by which waste is to be treated, stored on and removed from the site.
- (b) Method by which construction and other materials are to be delivered to, stored and removed from the site.
- (c) Method by which the site is to be made secure and safe in terms of restricting unauthorised access, during construction.
- (d) Proposed hours of construction activity and heavy vehicle movements (i.e. times of the day and days of the week) associated with buildings and works.
- (e) Anticipated time for completion of buildings and works.
- (f) Means for suppression and removal of all dust, silt, litter, mud and dirt generated by on-site activities, whether on the site or on abutting land and/or the local road network.
- (g) Method for treating/discharging water (including stormwater) from the site.
- (h) Location of temporary toilet facilities.
The endorsed Construction/Environmental Management Plan must be implemented and complied with to the satisfaction of the Responsible Authority.
All trees identified as trees to be retained on the endorsed plans must be protected and TPZ's maintained in accordance with the recommendations set out in the expert witness statement of Rob Galbraith dated 28 July 201.
The land must be drained to the satisfaction of the Responsible Authority.
Before any dwelling is occupied the areas set aside within the site for parked vehicles and access lanes as shown on the endorsed plans must be surfaced with an all-weather seal coat, line-marked to indicate each car space and all access lanes provided with concrete kerbs or other barriers to prevent direct vehicle access to an adjoining road other than by a vehicle crossing, and provided with a directional sign(s) to direct drivers to the area set aside for car-parking. Parking areas and access lanes must be kept available for these purposes at all times.
All pipes (excluding downpipes), fixtures, fittings and vents servicing any building on the site must be concealed in service ducts or otherwise hidden from view to the satisfaction of the responsible authority.
No plant, equipment, services or architectural features other than those shown on the endorsed plans are permitted above the roof level of the building(s) without the written consent of the responsible authority.
The development as shown on the plans endorsed under this permit must not be altered without the prior written consent of the Responsible Authority.

This permit will expire if one of the following applies:
- (a) the development is not started within two years of the date of this permit;
- (b) 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.

[2] I note that the revised standard for private open space in the schedule to the Residential 1 Zone is not met by the proposal, however, I am satisfied that the objective is met for this size apartments.

Environment Act 1987

XL Properties Pty Ltd v Maroondah CC [2010] VCAT 1483 (6 September 2010)

XL Properties Pty Ltd v Maroondah CC [2010] VCAT 1483

At a glance

Court

Decision date

Source

Judgment (8 paragraphs)

Parties

Legislation Cited (1)

Cases Cited (1)

XL Properties Pty Ltd v Maroondah CC [2010] VCAT 1483 (6 September 2010)