VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL

administrative DIVISION

planning and environment LIST

/ vcat reference No. P988/2015
Permit Application no. TPA/43498
APPLICANT / Shimant Manzur
RESPONSIBLE AUTHORITY / Monash City Council
RESPONDENT / Hallbury Homes
SUBJECT LAND / 16 Teck Street, Ashwood
WHERE HELD / Melbourne
BEFORE / Michael Deidun, Member
HEARING TYPE / Hearing
DATE OF HEARING / 30 October 2015
DATE OF ORDER / 30 October 2015

Order

1  The decision of the Responsible Authority is affirmed.

2  In permit application TPA/43498 a permit is granted and directed to be issued for the land at 16 Teck Street, Ashwood in accordance with the endorsed plans and on the conditions set out in Appendix A. The permit allows:

·  The construction of two dwellings on a lot

Michael Deidun
Member

APPEARANCES

For Applicant / John Campbell of Hallbury Homes.
For Responsible Authority / Sally Moser, Town Planner of Moser Planning Services.
For Respondent / Shimant Manzur appeared in person.

INFORMATION

Description of Proposal / Construction of two double storey dwellings in a usual arrangement one behind the other.
Nature of Proceeding / Application under Section 82 of the Planning and Environment Act 1987 – to review the decision to grant a permit.
Zone and Overlays / General Residential Zone 2
Permit Requirements / Clause 32.08-4 to construct two or more dwellings on a lot on land within the General Residential Zone.
Relevant Scheme, policies and provisions / Clauses 9, 10, 11, 15, 16, 21, 22.01, 22.04, 22.05, 32.08, 52.06, 55 and 65.
Land Description / The land is a rectangular allotment with a frontage to Teck Street of 15.24 metres, a depth of 38.4 metres, and an overall area of 585 square metres. The land presently supports a single storey detached dwelling.
Tribunal Inspection / The Tribunal inspected the site and surrounding area prior to the hearing, on 28 October 2015.

REASONS[1]

1  Monash City Council has decided to grant a permit for the proposed development of two double storey dwellings on land at 16 Teck Street, Ashwood (the ‘review site’). Shimant Manzur (The ‘Applicant’) is an adjoining land owner, and has sought a review of the Council’s decision. The Applicant raises concern regarding the scale of the double storey dwellings, and the potential for a range of direct amenity impacts.

2  The Application for Review is being contested by the Council and Hallbury Homes, who are the permit applicant.

3  I have decided to affirm the Council’s decision, and direct the grant of a permit subject to conditions. Reasons for the decision were given orally at the conclusion of the hearing.

Michael Deidun
Member

APPENDIX A

PERMIT APPLICATION NO: / TPA/43498
LAND: / 16 Teck Street, Ashwood
WHAT THE PERMIT ALLOWS:
·  The construction of two dwellings on a lot
in accordance with the endorsed plans.

conditions

1  Before the development starts, three copies of amended plans drawn to scale and dimensioned, must be submitted to and approved by the Responsible Authority. The submitted plans must clearly delineate and highlight any changes. When approved the plans will be endorsed and will then form part of the permit.

The plans must be generally in accordance with the plans submitted with the application, but modified to show:

(a)  The Dwelling 2 bedroom 1 and walk in robe north boundary setback increased to a minimum of 2.8 metres to reduce visual impact to the north adjoining property, to Council’s satisfaction.

(b)  Dwelling 2 boundary setback(s) increased to provide a minimum of 75 square metres private open space with a minimum dimension of 3 metres, to Council’s satisfaction.

(c)  The opening of garage 2 garage widened to 6 metres in width and notated to have no door (open carport), to Council’s satisfaction.

(d)  The driveways and vehicle crossings to align at the front boundary.

(e)  The Dwelling 2 bedroom 4 and ensuite wall setback 150 mm from the north boundary.

(f)  The additional hard surface area (in excess of the 3 metre driveway width) at the meter boxes deleted and replaced with landscaping.

(g)  The electricity and gas metres relocated behind the front facade of Dwelling or reduced to a maximum height of 1.2 metres.

(h)  A corner splay or area at least 50% clear of visual obstruction (or with a height of less than 1.2m) extending at least 2.0 metres long x 2.5 metres deep (within the property) on both sides of each vehicle crossing to provide a clear view of pedestrians on the footpath of the frontage road.

2  The development as shown on the endorsed plans must not be altered without the written consent of the Responsible Authority.

3  A landscape plan prepared by a Landscape Architect or a suitably qualified or experienced landscape designer, drawn to scale and dimensioned must be submitted to and approved by the Responsible Authority prior to the commencement of any works. The plan must show the proposed landscape treatment of the site including:

·  the location of all existing trees and other vegetation to be retained on site

·  provision of canopy trees with spreading crowns located throughout the site including the major open space areas of the development

·  planting to soften the appearance of hard surface areas such as driveways and other paved areas

·  a schedule of all proposed trees, shrubs and ground cover, which will include the size of all plants (at planting and at maturity), their location, botanical names and the location of all areas to be covered by grass, lawn, mulch or other surface material

·  the location and details of all fencing

·  the extent of any cut, fill, embankments or retaining walls associated with the landscape treatment of the site

·  details of all proposed hard surface, materials including pathways, patio or decked areas

When approved the plan will be endorsed and will then form part of the permit.

4  All common boundary fences are to be a minimum of 1.8 metres above the finished ground level to the satisfaction of the Responsible Authority. The fence heights must be measured above the highest point on the subject or adjoining site, within 3 metres of the fence line.

5  Before the development starts, a site layout plan drawn to scale and dimensioned must be approved by the Responsible Authority.

The plans must show a drainage scheme providing for the collection of stormwater within the site and for the conveying of the stormwater to the nominated point discharge.

The nominated point of discharge is the north-east corner of the property where the entire site’s stormwater must be collected and free drained via a pipe to the 225 mm pipe Council drain in the reserve via a 900 mm x 600 mm junction pit to constructed to Council Standards.

If the point of discharge cannot be located then notify Council’s Engineering Division immediately.

6  All on-site stormwater is to be collected from hard surface areas and must not be allowed to flow uncontrolled into adjoining properties.

7  Before occupation all buildings and works specified in this permit must be completed to the satisfaction of the Responsible Authority. The Responsible Authority must be advised in writing when all construction and works are completed to enable the site to be inspected.

8  Before the occupation of the buildings allowed by this permit, landscaping works shown on the endorsed plans must be completed to the satisfaction of the Responsible Authority and then maintained to the satisfaction of the Responsible Authority.

9  Once the development has started it must be continued and completed to the satisfaction of the Responsible Authority.

10  The walls on the boundary of adjoining properties shall be cleaned and finished in manner to the satisfaction of the Responsible Authority.

11  Approval of each proposed crossing, and a permit for installation or modification of any vehicle crossing is required from Council’s Engineering Department. Vehicle crossings are to be constructed in accordance with the City of Monash standards.

12  The proposed crossing is to be constructed in accordance with the City of Monash standards.

13  All new crossings must be a minimum of 3.0 metres in width.

14  This permit will expire in accordance with section 68 of the Planning and Environment Act 1987, if one of the following circumstances applies:

·  The development is not started before 2 years from the date of issue.

·  The development is not completed before 4 years from the date of issue.

In accordance with section 69 of the Planning and Environment Act 1987, the responsible authority may extend the periods referred to if a request is made in writing before the permit expires, or within six months of the permit expiry date, where the development allowed by the permit has not yet started; or within 12 months of the permit expiry date, where the development has lawfully started before the permit expires.

--- End of Conditions ---

VCAT Reference No. P988/2015 / Page 6 of 6

[1] I have considered the submissions of all the parties that appeared, all the written and oral evidence, all the exhibits tendered by the parties, and all the statements of grounds filed. I do not recite or refer to all of the contents of those documents in these reasons.