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  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.
One Planner's Archive
Discussion Papers & Articles
We recently wrote about two VCAT decisions that discussed the VicSmart provisions. As regular readers will be aware the VicSmart provisions have been significantly widened this year to incorporate a larger number of application types.
In recent issues we have discussed the extension of the VicSmart system, set out in Clauses 90-95 of the Victorian Planning Provisions (VPP). VicSmart provides a shorter planning permit process for simple and straightforward applications. Two recent VCAT decisions have dealt with the VicSmart provisions and will be of interest to regular permit applicants:
Regular readers of this column will be familiar with the profound impact that the recently introduced residential zones have had on future development. However, the new NRZ, with its prohibitions on certain types of development including more than two dwellings in many instances, has wreaked havoc when it comes to extending timeframes and amending planning permits granted before these zones were introduced.
The last 12 months has seen a number of significant changes in planning and a number of interesting VCAT decisions which inform our practice. We have put together a brief summary of the main items reported in Planning Tid Bits over 2014.