This decision of the Victorian Civil and Administrative Tribunal (“VCAT”) involved a proposal to re-subdivide three adjoining lots into two lots in Diamond Creek.

The Green Wedge Protection Group Inc objected to the grant of a planning permit on the basis that the subdivision did not meet the aims of Green Wedge, Melbourne 2030 and Nillumbik Planning Scheme, that the number of total dwellings would increase, and the increased fragmentation of native vegetation that it would cause.

Although there was an Environmental Significance Overlay on part of the land, the majority of the land had already been cleared of vegetation. The zoning requirements of the area only allow properties to be subdivided as long as each lot is greater than 40 hectares or a permit can be granted in the case of a re-subdivision of existing lots as long as the number of lots does not increase and the total number of dwellings that the land could be used for does not increase.

VCAT decided to grant the permit. In particular, the Member noted that as this proposal would decrease the amount of lots, it would decrease fragmentation and decrease dwellings, which meets the aims of the State Planning Policy Framework and Local Planning Policy Framework.

• The full decision is available on Austlii