One Planner's Archive





Discussion Papers & Articles

Victoria's New Residential Zones
Aboriginal Cultural Heritage
Calculating Council's 60 Day Timeframe
Applying for Costs at VCAT
Amending a Planning Permit



Garden Area and “The Lot”

A recent Victorian Civil and Administrative Tribunal “RED DOT” decision has provided clarity on the definition of “lot”, where there are multiple titles involved in one planning permit application, for example, building multiple dwellings over two titles. The decision in Clayton Gardens Pty Ltd v Monash CC [2019] VCAT 1138 considered whether the mandatory garden area requirement applies to each single lot or to the whole application area if there are multiple titles in an application. It also considered whether, if it applied to the multiple titles, whether it was reasonable to include a condition on the permit requiring the lots to be consolidated as part of the approval.

VicSmart: Narrow Focus Maintained

In the first VicSmart application to be determined by VCAT, Johnson v Banyule CC [2015] VCAT 444, the Tribunal has provided a timely reminder to Councils & permit applicants that only the limited number of matters set out for each application type are relevant for consideration.