Lardieri v Monash CC

COURT OR TRIBUNAL

Victorian Civil and Administrative Tribunal

DATE FILED (OR FIRST HEARING DATE)

10/11/2021

LITIGATION TYPE

Project Approval - Mitigation

SUBJECT MATTER

Energy efficiency

REVIEW TYPE

Merits review

SUMMARY

(Catchwords) Application under section 77 of the Planning and Environment Act 1987 to review refusal to grant a permit; Monash Planning Scheme; General Residential Zone 3 – Garden City Suburbs; three double storey dwellings; neighbourhood character; Garden City Character; solar access; tree protection and parking access

Excerpt from judgment

[35] 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 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

Lardieri v Monash CC [2021] VCAT 1513