VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL.

• planning & environment List
• reference No.P82/2008
• Permit Application no. P07/0241

Development of a New Dwelling: Demolition of an Existing Dwelling.

Application under Section 82 of the Planning and Environment Act 1987; Mornington Peninsula Planning Scheme; Residential Zone 1. Application seeking multiple dispensations from a DDO2 including Height, Character of the area, Specific Shared View Lines and Vegetation Removal.

No detailed reasoning provided with application submission. Other issues: Visual domination, excessive height and scale of the building in the landscape and topography. Primary outlook from surrounding properties compromised. VCAT Mediation Day and 1 Hearing Day. Expert Evidence submitted. Shared view line via the DDO2 validated by VCAT. Applicant withdrew case toward the end of the full hearing.

Extract of Order 30 th  May 2008

‘The decision of the Responsible Authority in relation to planning permit application P07/0241 is set aside and it is directed that a permit must not be granted.’

‘Liberty to apply’.