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[2016] VCAT 2123
appellant. Decision of responsible authority set aside; permit granted subject to conditions
A property owner successfully appealed against Monash City Council's refusal to allow two double storey houses to be built on a corner block in Glen Waverley. The Victorian Civil and Administrative Tribunal found that revised building plans addressed council concerns about the buildings looking too bulky. The Tribunal decided the development would fit the neighbourhood character because the buildings are set back from the street and boundaries, have varied rooflines, and include space for trees to be planted. The area is identified as needing more diverse housing, and the design met residential development standards. The permit was granted with conditions requiring specific landscaping, tree protection measures, and building modifications.
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3 cited instruments linked from this judgment.
The plans must be generally in accordance with the plans circulated by the permit applicant prior to the VCAT hearing, prepared by Allan Armstrong & Associates, labelled Sheet 2 of 7 to Sheet 7 of 7 inclusive Revision C and dated 22/09/16, but modified to show:
(a) A notation that the existing vehicle crossing on Crestmont Drive (Unit 2) is to be fully reconstructed to a width of at least 3 metres and aligned with the driveway.
(b) Provision of corner splays or areas at least 50% clear of visual obstructions (or with a height of less than 1.2 metres) extending at least 2.0 metres long by 2.5 metres deep (within the property) on both sides of each vehicle crossing to provide a clear view of pedestrians on the footpath of the frontage road.
(c) Any modifications required to the design of the development and/or particular construction techniques required in accordance with the recommendations detailed in the Arborist Report and Tree Management Plan required by Condition No. 3 of this Permit.
(d) Notations that following first floor windows are to be constructed of fixed obscure glazing (not removable film) to a minimum height of 1.7 metres above finished floor level:
Unit 1: South facing window serving Bedroom 2
Unit 2: West facing window serving Bedroom 4
(e) The south facing window serving Bedroom 1 of Unit 2 converted to a highlight window, with a minimum sill height of 1.7 metres above finished floor level.
(f) An elevation plan that provides details regarding the "proposed 1.8mtr high pervious fence for Unit 1 courtyard", including the degree of transparency and construction materials (which must not be timber palings).
(g) Removal of the notations on the ground and first floor plan that state "proposed paling fence 1800mm high" to Unit 1's courtyard.
(h) Removal of the notation on the east elevation plan that states "existing 1.6mtr paling fence" to the south of Unit 2's garage.
An elevation plan that provides details regarding the proposed fence to be constructed between garage 2 and the southern boundary, including the height, degree of transparency and construction materials (which must not be timber palings).
The development must be undertaken in accordance with the recommendations of the approved Arborist Report and Tree Management Plan to ensure that the development does not adversely impact on the health, life expectancy and structural stability of the nominated trees, to the satisfaction of the Responsible Authority.
When approved the plan will be endorsed and will then form part of the permit.
In accordance with section 69 of the Planning and Environment Act 1987, the responsible authority may extend the periods referred to if a request is made in writing before the permit expires, or within six months of the permit expiry date, where the development allowed by the permit has not yet started; or within 12 months of the permit expiry date, where the development has lawfully started before the permit expires.
[1] Clause 32.08 General Residential Zone - Purpose.
[3] Clause 21.02-3 Changing lifestyle choices and the demands of an ageing population; Clause 24.01-1 Residential Development - Overview.
[4] Clause 21.04-1 Residential Development - Overview.
[6] Clause 21.01-3 Municipal overview - Garden City Character.
[8] Clause 21.04-3 Objectives, strategies and implementation - Strategies.
[9] Clause 22.01-4 Residential Character Type "E" - Desired future character statement.
[10] Landscape Plan for VCAT, CAD File 16-866-VCAT01, prepared by John Patrick Landscape Architects Pty Ltd (October 2016).
Zheng
Monash CC [2016] VCAT 2123
Decision of responsible authority set aside; permit granted subject to conditions