Despite Clause 52.06 Car Parking specifying the required aisle-widths, car parking dimensions and other vehicle movement design standards, more and more Councils are requesting swept path diagrams be provided with permit applications.
The matter of 631 Plenty Road Preston Pty Ltd v Darebin CC [2018] VCAT 1849 was concerned largely with the interpretation of Standard D24 of Clause 58.07 of Planning Schemes. That clause contains objectives to ensure apartments provide functional internal areas.
In Makhmalbaf v Monash CC [2018] VCAT 1641 the Tribunal considered a proposal for two dwellings on one lot. The Monash Planning Scheme designated the site within the boundaries of the Glen Waverley Activity Centre, whereas the zone and local planning policies sought to treat the site in the same manner as other residential neighbourhoods, far removed from an activity centre.
As most readers will be aware, when Council requests further information in relation to your planning permit application, they will specify a lapse date by which time the information must be provided. If the information is not provided then the application will lapse.
Only for the brave: Council refuses to support a planning permit application, then amends its position to support the application, then seeks to argue for the application to be refused, is then forced to support the application – but in the end the permit is refused and the permit applicant left to ponder how this ‘whole-planning-thing’ works.
In late October the State Government introduced amendment VC152, which incorporates substantial changes into the planning scheme and effects how Residential Aged Care Facilities (RACFs) are defined and assessed under Victorian Planning provisions.
Tika v Yarra CC [2018] VCAT 894 highlights the importance of accurate information to properly assess off-site impacts, including overshadowing of neighbouring secluded private open space (SPOS) under Standard B21 of Clause 55.04-5. This was a proposal for two 3-storey dwellings on a 235sqm lot in Richmond. Errors were identified in the plans relating to the conditions of the neighbours’ land and therefore the extent of shadow proposed to the neighbours’ SPOS.
Until recently, the planning permit application requirements for managing stormwater within development and subdivision approvals has varied from Council to Council, largely dependent on the local planning scheme policy and whether it has or hasn’t provided for stormwater management.
Over the past few months there have been a number of Red Dot decisions relating to changes to planning provisions that occur prior to a VCAT hearing, which will be of interest to readers.
As noted above, Amendment VC149 was gazetted early August 2018. In addition to the C3Z the state-wide amendment seeks to provide more protection for existing roof top solar panels.
