Tasevski v Mornington Peninsula SC

COURT OR TRIBUNAL

Victorian Civil and Administrative Tribunal

DATE FILED (OR FIRST HEARING DATE)

09/09/2021

LITIGATION TYPE

Project Approval - Mitigation

SUBJECT MATTER

Energy efficiency

REVIEW TYPE

Merits Review

SUMMARY

Section 77 of the Planning and Environment Act 1987; Review of refusal to grant a permit; General Residential Zone; three double storey side by side dwellings; neighbourhood character; streetscape; visual bulk and mass; energy efficiency and vehicle access. Excerpt from judgment [58] Generally, daylight may be available but solar access will be limited. I find that where effects of climate change are becoming a serious issue, together with the need to encourage energy efficiency, to allow development that is clearly not a form of sustainable development fails to satisfy a key policy under Clause 71.02 of the Mornington Peninsula Planning Scheme. I am required to determine and balance conflicting objectives in favour of not only net community benefit but also sustainable development for the benefit of present and future generations. I find the proposal does not achieve these aspirations.

CASE DOCUMENTS

Tasevski v Mornington Peninsula SC [2021] VCAT 1183