Shankie v Frankston CC [2009] VCAT 95 (29 January 2009)

Page type:
Case
Category:
Land use planning and management
Year:
2009
Jurisdiction:
Victoria
Court:
VCAT
Page rating:
5
Websource:
http://www.austlii.edu.au/au/cases/vic/VCAT/2009/95.html

Summary

This decision of the Victorian Civil and Administrative Tribunal (“VCAT”) involved an objection to a decision by a responsible authority to grant a permit allow the development of two, two story buildings and one single story building in a residential area. The development was objected to on the grounds of environmental impact, and erosion of neighbourhood character. The development resulted in the removal of all existing vegetation on the site except for one tree.

The main objections raised at the hearing centered on the removing of mature trees from the site;

  • based on the impact that their removal will have on global warming; and
  • based on the contention that the tree protection requirements placed on the permit by the Responsible Authority were insufficient.

The Member noted that the current tree protection clause by the responsible authority was sufficient, and that the issue of the impact of the buildings on global warming was outside what the VCAT Member could consider.

The other main issue was erosion of neighborhood character. These objections related to the actual construction and boundary to boundary development. It was found that the proposal was consistent with the character of the area and therefore the permit was granted.

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sources/cases/vcat_2009_95.txt · Last modified: 2010/07/05 14:00 (external edit)
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