VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL.

• planning & environment List
• reference No.P3135/2009
• Permit Application no. PL09/0055

Part Demolition and Additions to a large scale Heritage Mansion

Application under Section 77 of the Planning and Environment Act 1987; Yarra Planning Scheme; Residential1 Zone; Complex appeal with multiple new & existing applications.

Permitted building additions already in progress. Further additions refused by Local Authority. No objectors.

Initial engagement:- VCAT application and submission for an extension of time to lodge an appeal, following an appeal by clients builder & architect deemed out of time. Successful outcome. Revised Grounds of Appeal submitted.

Full hearing to proceed: Amended plans submitted with ‘true architectural perspective’ of the front and side elevations. Legal representation and 3 Expert Witnesses briefed and engaged.

Issues:- heritage of mansion building, local planning policy, precinct heritage provisions, compliance with rescode, streetscape and view line impacts, perceived scale and size of additions, landscaping, road ingress and egress from a heritage property.

Appeal Hearing then pre-empted by a negotiated Consent Order. Construction outcome shows no effect on character or heritage values of the existing home or the surrounding area.

Extract of Consent Order 28th June 2010

‘The decision of the Responsible Authority is set aside.’

‘In permit application PL09/0055 a permit is granted and directed to be issued in accordance with the endorsed plans. The permit allows part demolition, the construction of a ground floor extension with triple carport and the installation of a crossover, fence and gates in Heritage Overlay Schedule HO327 North Fitzroy’

Extract of Additional Remarks 28th June 2010

‘This order is made at the request of the parties and with their consent’.