VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL
ADMINISTRATIVE DIVISION
PLANNING AND ENVIRONMENT LIST
VCAT REFERENCE NO. P1562/2014
PERMIT APPLICATION NO. TPA/42670
APPLICANT
Whisper Properties (Australia) Pty Ltd C/ARG Planning
RESPONSIBLE AUTHORITY
Monash City Council
SUBJECT LAND
13 Barbara Avenue
GLEN WAVERLEY VIC 3150
WHERE HELD
55 King Street, Melbourne
BEFORE
Dalia Cook, Presiding Member
Susan Whitney, Member
HEARING TYPE
No Hearing
DATE OF ORDER
8 May 2015
CITATION
ORDER
1
The decision of the responsible authority is set aside.
2
In permit application TPA/42670 a permit is granted and directed to be
issued for the land at 13 Barbara Avenue, Glen Waverley in accordance with
the endorsed plans and on the conditions set out in Appendix A. The permit
allows:
(a)
Construction of two dwellings on a lot.
Dalia Cook
Presiding Member
Susan Whitney
Member
REASONS
1
The Tribunal issued detailed reasons for decision on 19 March 2015. These
included directions for an arborist’s report to be prepared on behalf of the
permit applicant to address the existing trees at the rear of the subject land.
Such report was appropriate given the emphasis in planning policy at clause
22.05 (Tree Conservation Policy) on the retention of existing trees in
redevelopment proposals where possible1.
2
The report of Treelogic2 was filed with the Tribunal and a copy provided to
the responsible authority. In essence, Mr Phillips held the opinion that:

it is appropriate to remove the environmental weed species and
replace them with more suitable trees;

the current condition of the four native trees (attributed a “low”
arboricultural rating) identified reduces their retention value and
ability to develop into trees that would make a significant contribution
to character; and

while tree 23 should be attributed a moderate arboricultural rating,
notable design amendments would be required to the proposal to
increase the area around the tree and to maintain existing soil grades
within the Tree Protection Zone. This should be balanced against the
fact that it is close to mature size and the proposed replacement tree
(Chinese Elm) is semi-evergreen and would grow larger. The latter
approach is warranted.
3
We accept his analysis. In light of this report, we accept that there would
be sufficient compliance with the policies in the planning scheme, including
clause 22.05 if the existing trees were removed from the site as is now
proposed. This is on the proviso that we find the proposed replacement
planting would provide commensurate spreading canopy tree contribution
and a similar amenity for adjoining neighbours and future occupiers. We
consider that the landscape plan represents a suitable contribution to the
Garden City Character of Monash for this site. We note that the responsible
authority appears to not take issue with this position.
4
Having regard to the balance of our earlier reasons, we have granted a
permit subject to conditions. In so far as the issue of landscaping is
concerned, we have included a requirement to comply with the landscape
plan considered in the proceeding before the dwellings are occupied.
Dalia Cook
Presiding Member
Susan Whitney
Member
1
Clause 22.05-3.
Dated 26 March 2015.
3
Melaleuca linarifolia.
2
VCAT Reference No. P1562/2014
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APPENDIX A
PERMIT APPLICATION NO:
LAND:
TPA/42670
13 Barbara Avenue, Glen Waverley
WHAT THE PERMIT ALLOWS:
The permit allows:

Construction of two dwellings on
a lot 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 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)
The location of any electricity meter boxes designed in accordance
with ‘A Guide to Electricity Supply Meter Boxes in Monash’;
(b)
The location of gas and water meters;
(c)
Corner splays shown in accordance with Clause 52.06-8;
(d)
An increase in the height of the rear paling boundary fence between
dwellings 1 and 2 to prevent overlooking from dwelling 1 into
dwelling 2;
(e)
The movement of the crossover for dwelling 1 to the east by 1.2
metres to provide sufficient clearance for an existing drainage pit and
associated amendments to the alignment of the accessway,
landscaping and abutting on-site footpath; and
(f)
An increase in the dimensions of the car parking spaces to comply
with clause 52.06 of the Scheme.
2
The development as shown on the endorsed plans must not be altered
without the written consent of the Responsible Authority.
3
Before the occupation of the buildings allowed by this permit, landscaping
works as shown on the endorsed plans, specifically the plans entitled
“Landscape Plan for VCAT”, number VCAT01 dated January 2015
prepared by John Patrick Pty Ltd must be completed to the satisfaction of
the Responsible Authority and then maintained to the satisfaction of the
Responsible Authority.
VCAT Reference No. P1562/2014
Page 3 of 5
4
The walls on the boundary of adjoining properties shall be cleaned and
finished in a manner to the satisfaction of the Responsible Authority.
5
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.
6
Once the development has started it must be continued and completed to the
satisfaction of the Responsible Authority.
7
All on-site stormwater is to be collected from hard surface areas and must
not be allowed to flow uncontrolled into adjoining properties. The on-site
drainage system must prevent discharge from driveways onto the footpath.
Such a system may include either:
(a)
Trench grates (150mm minimum internal width) located within the
property; and/or
(b)
Shaping the driveway so that water is collected in a graded pit on the
property; and/or
(c)
Another Council approved equivalent.
8
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 City of Monash, the Responsible Authority, prior to works
commencing.
9
Before the development starts, a site layout plan drawn to scale and
dimensioned must be approved by the Responsible Authority.
The plans must show a drainage scheme providing for the collection of
stormwater within the site and for the conveying of the stormwater to the
nominated point of discharge.
The nominated point of discharge is the south-east corner of the property
where the entire site’s stormwater must be collected and free drained via a
pipe to the 300mm Council drain in the rear nature strip and 900mm x
600mm 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).
If the point of discharge cannot be located then notify Council’s
Engineering Division immediately.
10
Any new drainage work within the road reserve requires the approval of the
City of Monash’s Engineering Division prior to the works commencing.
Three copes of the plans (A3-A1 size) for the drainage works must be
submitted to and approved by the Engineering Division. 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
$500.00 is to be paid prior to the drainage works commencing.
VCAT Reference No. P1562/2014
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11
Engineering permits must be obtained for new or altered vehicle crossings
and for connections to Council’s drains and these works are to be inspected
by Council.
12
Approval of each proposed crossing, and a permit for installation or
modification of any vehicle crossing is required from Councils engineering
department.
13
All new crossings are to be no closer than 1.0 metre measured at the kerb to
the edge of any tree canopy, power pole, drainage or service pit or other
services. Approval from affected service authorities is required as part of
the vehicle crossing application process.
14
The proposed crossings are to be constructed in accordance with the City of
Monash Standards and all new crossings are to be a minimum of 3.0 metres
in width.
15
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 two (2) years from the date of
this permit.
(b)
The development is not completed before four (4) years from the date
of this permit.
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. P1562/2014
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