Pro Estate Holdings Pty Ltd v Bayside CC

COURT OR TRIBUNAL

Victorian Civil and Administrative Tribunal

DATE FILED (OR FIRST HEARING DATE)

28/08/2019

LITIGATION TYPE

Project Approval - Mitigation

SUBJECT MATTER

Urban Planning

REVIEW TYPE

Merits Review

SUMMARY

Section 77 Planning and Environment Act 1987, Neighbourhood character, visual bulk, change area, tree protection, special building overlay. (Extract from judgment) In July 2018 the tribunal affirmed a decision of Bayside City Council to refuse to grant a planning permit for a three storey apartment complex at 7 – 9 Halifax Street, Brighton. This previous proposal comprised two rendered buildings connected by a three storey walkway. The tribunal refused this proposal principally because it considered the proposal was ‘too robust in its appearance and will have a dominance which will detract from the amenity of the adjoining properties’…In concluding, we find it worth commenting that broader planning policy is to create a sustainable city by developing housing opportunities in major activity centres. It is also to encourage a form and density of settlements that supports sustainable transport to reduce greenhouse gas emissions. Providing greater housing choice in locations such as this site that is in the activity centre bounds, and in walking distance to facilities such as the Middle Brighton Railway Station and the facilities in and around the Church Street Activity Centre directly implement these broader objectives and policies of planning for Melbourne and Victoria.

CASE DOCUMENTS

Pro Estate Holdings Pty Ltd v Bayside CC [2019] VCAT 1366

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