Rod Cullen Urban Planning


  • planning & environment List
  • reference No.P3890/2011 and P41/2013
  • Permit Application no. PLN11//0505 and PLN12/0791

Construction of a three storey dwelling on 120m2 allotment.  Boundary to Boundary development. Parking dispensation

Application under Section 77 of the Planning and Environment Act 1987; for a review of the failure of the Responsible Authority to grant a permit. Yarra Planning Scheme, Residential1 zone, Heritage Overlay H0327. Edinburgh Garden Precinct – Individual Heritage Listing HO213

Two appeals: the second following the VCAT refusal of the first. The second settled at a mediation prior to a second appeal.

In respect of P3890/2011, convoluted and lengthy matter over 18 months including 40 detailed objector submissions. Engagement of this firm involved substantial liaison and negotiation with the Responsible Authority and multiple meetings with the applicant. Application for an Appeal, Mediation, Engagement and Briefing of Planning Barrister and three expert witnesses. Management of a 3 day hearing. Other parties, Included, applicant, barristers x 2, witnesses by 3, various architectural consultants, Local Government Planners and objector appearances at VCAT.

Issues in this matter:- Amenity impacts on the wider residential area, 19th century character of area, specific heritage provisions the Edinburgh  Gardens, explicit amenity impacts on abutting neighbouring properties, provisions, streetscape impacts, height and scale of the buildings. sunlight and daylight, parking, visibility of the dwelling from longer vistas. Views into immediately adjoining properties. Shadowing of private open space, architectural merit of nearby contributory dwellings

Extract of Order 3rd August 2012

In respect of P 3890/2011

‘The decision of the Responsible Authority in relation to permit application No PLN11/0505 is affirmed. No permit is granted.’

Further to the foregoing, the applicant applied for a permit, PLN12/0791, for a two storey dwelling and was granted a permit subject to conditions which sought to reduce the impact and heritage impacts. The applicant appealed the conditions. VCAT varied the conditions via mediation in favour of the objectors.

Extract of Order 16th May 2013

In respect of P41/2013

 ‘The decision of the Responsible authority is varied.’

‘The Responsible Authority is directed to issue a permit in accordance with this order pursuant to section 85(1)(b) of the planning and Environment Act1987.’

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