2181 Planning v Maroondah CC

COURT OR TRIBUNAL

Victorian Civil and Administrative Tribunal

DATE FILED (OR FIRST HEARING DATE)

02/08/2021

LITIGATION TYPE

Project Approval - Mitigation

SUBJECT MATTER

Solar energy

REVIEW TYPE

Merits review

SUMMARY

(Catchwords) Application under s77 of the Planning and Environment Act 1987. Maroondah Planning Scheme. Activity Centre Zone, Schedule 1. Design response to interfaces. Car parking layout. Built form.

Excerpt from judgment

[128] The Respondent raises concern over the impact of the development on the existing solar panels on the roof of the adjoining office development. The Respondent criticises the site analysis for its failure to identify the solar panels on the adjoining land and submits the development will have an unreasonable impact on the efficiency of the installation with shadows cast likely to render the system largely useless. The Respondent says this is an unacceptable outcome that compromises the substantial investment of the body corporate towards sustainable energy usage and reduction in costs. The Respondent refers to the energy efficiency objectives in clause 58.03 and a Tribunal decision in John Gurry & Assoc Pty Ltd v Moonee Valley CC & Ors to support their case.

[129] I accept the development would result in significant impact to the solar panels on 15-17 Heatherdale Road but I do not reject the proposal for this reason…

[130] In making this finding, I acknowledge there is policy that encourages development that is energy and resource efficient, supports a cooler environment and minimises greenhouse gas emissions. However, I cannot conclude that the impact of development on solar panels in the ACZ, in a location earmarked for higher and more intense development can be sufficient reason to refuse a proposal for higher built form.

CASE DOCUMENTS

2181 Planning v Maroondah CC [2022] VCAT 46