VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL

administrative DIVISION

planning and environment LIST / vcat reference No. P62/2015
Permit Application no TPA/42700
CATCHWORDS
Section 82 Planning and Environment Act 1987; Monash Planning Scheme; Shading; Noise; Overlooking; Bulk; Light to windows; General Residential Zone Schedule 2
APPLICANT / Elizabeth Ann Hollinson
respondents / Thomas Balmer
responsible authority / Monash City Council
SUBJECT LAND / 217 Gallaghers Road, Glen Waverley
WHERE HELD / Melbourne
BEFORE / Alison Slattery, Member
HEARING TYPE / Hearing
DATE OF HEARING / 23rd June 2015
DATE OF ORDER / 23rd June 2015

Order

1  The decision of the responsible authority is varied.

2  In permit application no. TPA/42700 a permit is granted and directed to be issued for the land at 217 Gallaghers Road, Glen Waverley.

3  The permit allows

  The construction of two dwellings in accordance with the endorsed plans

4  The permit will be subject to the conditions set out in the Notice of Decision issued 24th December 2014, but modified to include the following:

  Condition 1(h) which reads “Compliance with Standard B22.”

Alison Slattery
Member

APPEARANCES

For Responsible Authority / Ms Sally Moser, Town Planner of Moser Planning Services Pty Ltd
For Review applicant / Mrs Elizabeth Ann Hollinson in person
For Respondent / Mr Thomas Balmer in person

INFORMATION

Description of Proposal / The construction of two double storey dwellings in a side by side configuration
Nature of Proceeding / Application under Section 82 the Planning and Environment Act 1987.
Zone and Overlays / General Residential Zone (.Schedule 2)
Vegetation Protection Overlay (Schedule 1)
Reason(s) Permit Required / Clause 32.08-4 (construction of two or more dwellings on a lot)
Relevant Scheme policies and provisions. / Clauses 11, 15, 16, 21, 21.03, 21.04, 21.08, 22.01, 22.04, 22.05, 55 and 65

oral decision given

  1. I have decided to vary the Council decision to approve the permit application and direct the Council to issue a permit in accordance with the endorsed plans and subject to the conditions set out in the Notice of Decision issued 24th December 2014 and subject to a further condition requiring plans to be submitted showing compliance with Standard B22.
  2. I included this condition to provide a level of certainty that overlooking would be minimised to levels in accordance with the ResCode Standard.
  3. My decision and reasons were given orally at the conclusion of the hearing.

Conclusion

  1. For the reasons I have provided orally, I will direct that Council issue a permit in accordance with the endorsed plans and subject to conditions.

Alison Slattery
Member
VCAT Reference No. P62/2015 / Page 3 of 3