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[2005] VCAT 1754
Victorian Civil and Administrative Tribunal
2005-08-22
Original judgment source is linked above.
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.
6 Mr English sought the substitution of amended plans, revision 'B' as the application plans. They had been correctly circulated and as there was no objection, approval was given to the substitution under Clause 64 of Schedule 1 of the Victorian Civil and Administrative Tribunal Act 1998.
7 The proposal as amended is supported by the Responsible Authority and submissions with photographs were tabled at the hearing.
8 Ms Waller and Mr Worth both lodged written objections to the Tribunal and although they did not appear, their concerns were noted and checked against the amended plans.
9 The Tribunal is satisfied that the proposal has been well designed, complies with Responsible Authority policy and ResCode and there are no reasons on planning grounds to refuse the proposed three (3) dwelling development.
10 The request is allowed and the Responsible Authority will be directed to issue a permit with conditions as discussed at the conclusion of the hearing.
Yacoub
City of Moonee Valley [2005] VCAT 1754