The applicant has applied to substitute plans for the hearing. These would provide for modifications to Dwelling 3 including some redesign to reduce the upper storey to a single bedroom and amenities, with the ground floor redesigned to become 2 bedroom. Concomitantly, the POS for dwelling 3 is redesigned to have greater northern orientation.

Planning controls

4 The subject land and surrounding land is zoned Residential 1 under the Moonee Valley Planning Scheme and no overlay controls apply. A permit is required to construct more than one dwelling on the land.

5 This is a failure appeal and no reasons are or need be given, however the Responsible Authority wrote to the Tribunal on the 5th August 2005 advising that if this request had not been made, they would have issued a notice of decision to grant a permit and indicated conditions that they would have imposed.