Leitinger v Melbourne City Council

COURT OR TRIBUNAL

Victorian Civil and Administrative Tribunal

DATE FILED (OR FIRST HEARING DATE)

07/09/2015

LITIGATION TYPE

Project Approval - Mitigation

SUBJECT MATTER

Solar energy

REVIEW TYPE

Merits review

SUMMARY

The applicant, Leitinger, challenged the Council's refusal of a retrospective application for approval for a solar installation on the street-facing roof of his residence. The applicant's residence and streetscape were heritage-listed. Leitinger argued: a) the panels were only slightly visible from street and footpath; b) the panels were no more unsympathetic to the heritage character of the residence and streetscape than other modern additions to the residence (e.g. concrete roof tiles, and window shutters); and c) consideration should be given to the environmental benefits flowing from the use of solar energy. The Tribunal rejected those arguments, finding that the panels drew attention away from the street-facing heritage elements, and accordingly represented an unacceptable planning outcome. The council's decision was upheld.

CASE DOCUMENTS

Leitinger v Melbourne City Council [2015] VCAT 1442