Lindsay Smith v Hobsons Bay CC

COURT OR TRIBUNAL

Victorian Civil and Administrative Tribunal

DATE FILED (OR FIRST HEARING DATE)

28/08/2020

LITIGATION TYPE

Project Approval - Mitigation

SUBJECT MATTER

Solar energy

REVIEW TYPE

Merits Review

SUMMARY

(Excerpts from the judgment) [1] Dominic Cosoleto of Dommara Designs (the ‘respondent’) proposes to construct two dwellings at 25 Junction Street, Newport. Hobsons Bay City Council (the ‘Council’) has decided to grant a Planning Permit subject to 24 conditions. Mr Lindsay Smith and Mr Zorbas have lodged a joint application to review Council’s decision. [2] The applicants’ concerns concentrate on the rear garage/studios. They say it will be visually dominant and will affect the amenity of their properties and public realm of Kohry Lane. They submit the development is out of character with the area and does not contribute to the sense of place and community in this part of the lane. Mr Lindsay Smith also says the development will unreasonably shade his solar panels which will reduce the efficiency of his solar energy facility.

CASE DOCUMENTS

Lindsay Smith v Hobsons Bay CC [2020] VCAT 1070