VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL

administrative DIVISION

planning and environment LIST / vcat reference No. P362/2017
Permit Application no. TPA/45714
APPLICANT / Leo Zhou
responsible authority / Monash City Council
respondent / John Leung Chee Hang & Ors
SUBJECT LAND / 41 Nottingham Street, Glen Waverley
WHERE HELD / Melbourne
BEFORE / Christina Fong, Member
HEARING TYPE / Short Case Hearing
DATE OF HEARING / 14 June 2017
date of oral decision / 14 June 2017
DATE OF ORDER / 15 June 2017

Order

1  The decision of the Responsible Authority is varied.

2  The Tribunal directs that planning permit TPA/45714 must contain the conditions set out in planning permit TP/45714 issued by the responsible authority on 19 December 2016 with the following modifications:

a)  Condition 1a) and b) deleted.

b)  Condition 1c) amended to read:

c) The first floor master bedroom, ensuite and bedroom 4 of Dwelling 1 setback a minimum of 2.5 metres from the eastern boundary.

c)  Condition 1d) retained.

d)  Conditions in the planning permit renumbered accordingly.

3  The responsible authority is directed to issue a modified planning permit in accordance with this order.

Christina Fong
Member

APPEARAnces

For Applicant / Russell Hocking, town planner, CityShire Planning Pty Ltd
For Responsible Authority / David De Giovanni, consultant town planner
For Respondent / John Leung Chee Hang in person.

INFORMATION

Description of Proposal / Three double storey dwellings
Nature of Application / Section 80 Planning and Environment Act 1987
Zone and Overlays / General Residential Zone and no overlay
Reason Permit Required / Clause 32.08-6.

Remarks

1  This is an application to review several requirements in Condition 1 of a permit issued to develop the land for three double storey dwellings, specifically Conditions 1a) to (d), which require modifications to the front dwelling (Dwelling 1).

2  Condition 1a) requires the ground floor of this dwelling to be setback from the eastern boundary by 1 metre; 1b) requires the first floor bathroom to be deleted; and c) requires the master bedroom including its ensuite and Bedroom 4 to be setback 3 metres from the boundary. Condition 1d) is a consequence of 1a), b), and c).

3  My decision is to vary council’s decision by deleting two of these requirements (1a) and b), and c) amended so that the master bedroom including its ensuite and bedroom 4 be setback 2.5 metres instead of 3 metres required by council. The consequence of these changes is that condition 1d) will be retained.

4  Reasons for varying council’s decision were given orally at the conclusion of the hearing, and based on an assessment of the disputed conditions against the neighbourhood character and amenity impact standards and objectives of clause 55.

Christina Fong

Member

VCAT Reference No. P362/2017 / Page 3 of 3