VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL DIVISION LIST P2467/2016 TPA/45679 CATCHWORDS Monash Planning Scheme; Application under s.77 of the Planning and Environment Act 1987 to refuse a permit; GRZ2; VPO1; Three 3-storey dwellings; Neighbourhood character; Visual bulk; Type of private open space; Landscaping adequacy. APPLICANT Topland Property Pty Ltd Monash City Council A Savalia SUBJECT LAND 7 Cratloe Road, Mount Waverley WHERE HELD Melbourne BEFORE Mary-Anne Taranto, Member HEARING TYPE Hearing DATE OF HEARING 10 August 2017 DATE OF ORDER 25 September 2017 CITATION Topland Property Pty Ltd v Monash CC [2017] VCAT 1320 Amend permit application Pursuant to section 127 and clause 64 of Schedule 1 of the Victorian Civil & Administrative Tribunal Act 1998, the permit application is amended by substituting for the permit application plans, the following plans filed with the Tribunal: Prepared by: WALL Architects (Architectural plans) Niree Bingham (Landscape Plans) Drawing numbers: TP01 to TP06 inclusive, Rev. B 201713-L01 & 201713-L02 Dated: 3 April 2017 29 May 2017
and to manage and ensure development respects the identified neighbourhood character and landscape characteristics. Since Council’s decision, Amendment VC110 to all Victorian Planning Schemes amended most residential zones. As the transitional provisions apply, my consideration of the changes made to this zone are limited to the amended purposes and any neighbourhood character objectives in the schedule. Thus, the new mandatory garden area and building height and building storeys requirements do not apply. In this case, this means that the building height should not exceed 10 metres. The new zone purposes remove specific reference to the implementation of neighbourhood character policy and guidelines supplemented by a new optional provision for a neighbourhood character objective in the schedule. No such objective appears in Schedule 2 at this time. Some changes have been made to the penultimate zone purpose which now seeks to encourage (rather than just ‘provide’) for a diversity of housing types and housing growth (without reference to ‘moderate’) and that this is to occur ‘particularly’ in locations offering good access to services and transport. In terms of Schedule 2 (Monash Residential Areas), there are a number of varied clause 55 standards. These relate to minimum street setback (7.6m), private open space (secluded area of 35sqm with a minimum dimension of 5m) and front fences (maximum 1.2m height). There are no specified application requirements or decision guidelines under Schedule 2. Overlay Although the site is included within VPO1, no planning permission is triggered for vegetation of the type and size proposed for removal from the site. More particularly, the Jacaranda tree proposed for removal at the front of the site can be removed without a permit. Its larger companion, a 12m high Cherry Magenta tree is to be retained. Policies Statewide planning policies promote urban consolidation in established urban areas including middle suburbs. Development of sites like this one for medium density housing is also consistent with statewide policy that seeks the more efficient use of existing resources and infrastructure and the provision of more housing closer to jobs and public transport to limit the need for additional housing in greenfield and dispersed development areas. These policy themes support the concept of creating ‘20 minute neighbourhoods’ including the ability to better utilise sustainable forms of transport thus reducing private motor vehicle dependency. Housing choice and diversity are other key themes.