VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL.
- planning & environment List
- reference No.P196/2004 and P176/2004
- Permit Application nos. PP03/557 and PP03/802
Two New Dwellings each on individually owned 2000m2 allotments.
One allotment to contain a large residential house, a tennis court and a swimming pool. The adjoining allotment to contain a large residential house and a tennis court.
Applications under Section 79 of the Planning and Environment Act 1987; for a review of the failure of the Responsible Authority to grant the permits within the prescribed time. Initially separate Appeals but then conducted as a consolidated Appeal by the proprietors of the abutting properties.
In respect of PP03/557, services involved substantial representation, liaison and negotiation with the Responsible Authority. Liaison with the adjoining land owner/builder. Application for an Appeal, Engagement and Briefing of Planning barristers and two expert witnesses. Multiple Parties and consultants and 1500 initial objectors. Amended plans submitted and formalised
A complex case over 12 months, made arduous by the decision of the Responsible Authority to revoke their own decision on two occasions:- firstly, several decision deferrals, then changes to a decision from refusal of a permit, then revoking that decision, then returning back to a refusal, and finally attending VCAT stating support for the applications. Also involved was a1500 person objector list of which 1482 were petition names. The main/individual objectors did not appear at VCAT and the solitary objector at the hearing stated from the gallery they were only there to support the others and had little knowledge of the matter other than signing the petition. He did raise heritage ‘conventions’ as an issue when queried by the chair..
Issues in this matter:- Character of area, heritage provisions of other houses, amenity impacts on neighbouring properties, landscaping of the site, tree removal, precinct heritage provisions, streetscape and street view line impacts, perceived height and scale of the buildings (two storey), street setbacks (10 metres proposed).
Extract of Order 25th May 2004
In respect of P196/2004
‘A permit is granted for construction of a dwelling, floodlit tennis court and associated works… generally in accordance with the endorsed plans…. ’
In respect of P176/2004
‘A permit is granted for construction of a dwelling, floodlit tennis court and associated works… generally in accordance with the endorsed plans… ’