VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL
ADMINISTRATIVE DIVISION
PLANNING AND ENVIRONMENT LIST
VCAT REFERENCE NO. P112/2015
PERMIT APPLICATION NO. TPA/42852
CATCHWORDS
Monash Planning Scheme; Application pursuant to Section 77 of the Planning and Environment Act
1987; General Residential Zone (GRZ2); Vegetation Protection Overlay (VPO1); Five double storey
dwellings; Removal of two trees; Neighbourhood character; ResCode.
APPLICANT
HLG Investment Group Pty Ltd
RESPONSIBLE AUTHORITY
Monash City Council
SUBJECT LAND
21-23 Angus Drive, Glen Waverley
WHERE HELD
Melbourne
BEFORE
J A Bennett, Member
HEARING TYPE
Hearing
DATE OF HEARING
18 June 2015
DATE OF ORDER
18 June 2015
CITATION
ORDER
1
The decision of the Responsible Authority is set aside.
2
In permit application TPA/42852 a permit is granted and directed to be
issued for the land at 21-23 Angus Drive, Glen Waverley in accordance
with the endorsed plans and on the conditions set out in Appendix A. The
permit allows:
 Development of five dwellings on land in the General Residential Zone
(GRZ2), removal of an easement and removal of two trees in the
Vegetation Protection Overlay (VPO1).
J A Bennett
Member
APPEARANCES
For HLG Investment Group
Pty Ltd
Ms Roz Wilson, Solicitor and Urban Planner.
She called evidence from the following
witnesses:
 Mr Simon Molloy, Arborist of Molloy
Arboriculture Pty Ltd.
 Mr John Patrick, Landscape Architect of
John Patrick Pty Ltd.
For Monash City Council
Ms Sally Moser, Town Planner of Moser
Planning Services Pty Ltd.
INFORMATION
Description of Proposal
Construction of five double storey dwellings,
removal of an easement and removal of two
trees.
Nature of Proceeding
Application under Section 77 of the Planning
and Environment Act 1987 to review the
refusal to grant a permit.
Zone and Overlays
General Residential Zone 2 (GRZ2).
Vegetation Protection Overlay (VPO1).
Permit requirements
Cl. 32.08-4 (construction and extension of two
or more dwellings on a lot in GRZ2).
Cl. 42.02 (remove, destroy or lop any
vegetation with a trunk circumference greater
than 500mm and higher than 10 metres).
Cl. 52.02 (removal of an easement).
Key Scheme policies and
provisions
Clauses 9, 10, 11, 15, 16, 18, 19, 21.01, 21.02,
21.03, 21.04, 21.11, 21.13, 22.01, 22.04, 22.05,
52.02, 52.06, 55 and 65.
Land description
The review site is located on the south/west
side of Angus Drive. The site comprises two
lots with curved frontages to Angus Drive. The
combined area of the site is 1, 817 square
metres.
Single storey brick clad dwellings occupy each
site.
VCAT Reference No. P112/2015
Page 2 of 7
Tribunal Inspection
I undertook an inspection on the Friday before
the hearing.
REASONS
ORAL DECISION GIVEN
1
After undertaking a site inspection on the Friday before the hearing and
having heard from the parties and considered their written and oral
submissions, I gave an oral decision to set aside Council’s decision to
refuse to grant a permit. Orals reasons were given.
J A Bennett
Member
VCAT Reference No. P112/2015
Page 3 of 7
APPENDIX A
PERMIT APPLICATION NO
TPA/42852
LAND
21-23 Angus Drive, Glen Waverley
WHAT THE PERMIT ALLOWS
Development of five dwellings on land
in the General Residential Zone
(GRZ2), removal of an easement and
removal of two trees in the Vegetation
Protection Overlay (VPO1) 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 be 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)
Removal of that part of Easement E1 which runs along and within the
southern boundary of Lot 35 on Plan of Subdivision 042601.
(b)
Provide a corner splay or area at least 50% clear of visual obstructions
(or with a height of less than 1.2 metres) which may include adjacent
landscaping areas with a height of less than 0.9 metres, extending at
least 2.0 metres long x 2.5 metres deep within the property both sides
of each vehicle crossing to provide a clear view of pedestrian on the
footpath of the frontage road.
(c)
The section of driveway north of the Dwelling 1 entry extended so
that the northern side of the driveway follows the northern side of the
driveway in front of the Dwelling 1 garage.
2
The development as shown on the endorsed plans must not be altered
without the written consent of the Responsible Authority.
3
The easement removal as shown on the endorsed plans must not be altered
without the prior written consent of the Responsible Authority.
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
A landscape plan, generally in accordance with the plan prepared by John
Patrick Pty Ltd (Job No 15-147 VCAT01 dated May 2015) or otherwise
prepared by a Landscape Architect or a suitably qualified or experienced
landscape designer, drawn to scale and dimensioned must be submitted to
VCAT Reference No. P112/2015
Page 4 of 7
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:
(a)
The location of all existing trees and other vegetation to be retained on
site.
(b)
Provision of canopy trees with spreading crowns located throughout
the site including the major open space areas of the development. The
canopy trees are to grow to a height no less than the parapet of the
building/s.
(c)
Planting to soften the appearance of hard surface areas such as
driveways and other paved areas.
(d)
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.
(e)
The location and details of all fencing.
(f)
The extent of any cut, fill, embankments or retaining walls associated
with the landscape treatment of the site.
(g)
Details of all proposed hard surface materials including pathways,
patio or decked areas. Coloured concrete or similar is to be utilised in
the driveway.
When approved the plan will be endorsed and will then form part of the
permit.
6
Before the occupation of the buildings allowed by this permit, landscaping
works as 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.
7
The walls on the boundary of adjoining properties must be cleaned and
finished in a manner to the satisfaction of the Responsible Authority.
8
All on-site stormwater is to be collected from hard surface areas and must
not be allowed to flow uncontrolled into adjoining properties. An on-site
drainage system must prevent discharge from each driveway onto the
footpath. Such a system may include either:
(a)
A trench grate (150mm minimum internal width) located within the
property; and/or
(b)
Shaping of the driveway so that water is collected in a grated pit on
the property; and/or
(c)
Another equivalent approved by the Responsible Authority.
VCAT Reference No. P112/2015
Page 5 of 7
9
Stormwater discharge is to be detained on site to the predevelopment level
of peak stormwater discharge. Approval of any detention system is required
by the Responsible Authority, prior to works commencing.
10
Direct the entire site’s stormwater drainage to the north-east corner of the
property where it must be collected and free drained via a pipe to the
Council pit outside No. 17 via a 225mm pipe and 900 mm x 600 mm
junction pit to be constructed to Council standards. (A new pit is to be
constructed if a pit does not exist or is not a standard Council pit). Note: if
the point of discharge cannot be located then the City of Monash
Engineering Division is to be notified immediately.
11
Any new drainage works within the road reserve requires the approval of
the Council’s Engineering Division prior to the works commencing. Three
copies of plans (A3-A1 scale) must be submitted to and be approved by and
to the satisfaction of the Responsible Authority prior to commencement of
works. The plans are to show sufficient information to determine that the
drainage works will meet all drainage conditions of the permit. A
refundable security deposit of $5000 is to be paid prior to the drainage
works commencing.
12
No polluted and/or sediment laden run-off is to be discharged directly or
indirectly into Melbourne Water’s drains or watercourses.
13
Engineering permits must be obtained for new connections to the kerb and
channel Council pits and these works are to be inspected by Council.
14
The redundant crossing is to be removed and reinstated with kerb and
channel to the satisfaction of the Responsible Authority.
15
The existing vehicle crossings within the road reserve are required to be
fully reconstructed and widened to 3.0 m each.
16
Approval of any proposed crossing including installation or modification of
any vehicle crossings is required from the Responsible Authority.
17
The proposed crossing/s is to be constructed in accordance with the
applicable standards of the Responsible Authority.
18
The section of existing redundant crossing is to be removed and replaced
with kerb and channel. The footpath and naturestrip are to be reinstated to
the satisfaction of the Responsible Authority.
19
The on-site visitor parking space is required to be clearly marked.
20
The development is to be completed and maintained to the satisfaction of
the Responsible Authority.
21
This permit will expire in accordance with section 68 of the Planning and
Environment Act 1987, if one of the following circumstances applies:
(a)
The development is not started before 2 years from the date of issue.
(b)
The development is not completed before 4 years from the date of
issue.
VCAT Reference No. P112/2015
Page 6 of 7
(c)
The easement removal is not started before 2 years from the date of
issue.
(d)
The easement removal is not completed within four years of 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. P112/2015
Page 7 of 7