ATJ Holdings Pty Ltd v Yarra CC

COURT OR TRIBUNAL

Victorian Civil and Administrative Tribunal

DATE FILED (OR FIRST HEARING DATE)

05/08/2021

LITIGATION TYPE

Project Approval - Mitigation

SUBJECT MATTER

Energy efficiency

REVIEW TYPE

Merits review

SUMMARY

(Catchwords) Section 80 Planning and Environment Act 1987; Yarra Planning Scheme; Commercial 1 Zone; Heritage Overlay; Multi-level, mixed-use development; Height; Design; Environmentally Sustainable Design.

Excerpt from judgment

[43] Reference was also made to clause 15.02-1S which has the objective of encouraging development that is energy and resource efficient, supports a cooler environment and minimises greenhouse gas emissions. In addition, the Council’s submission drew attention to clause 21.07 of the Municipal Strategic Statement which addresses environmentally sustainable development. The objective is to promote environmentally sustainable development. Related strategy 34.1 is to encourage new development to incorporate environmentally sustainable design measures in the areas of energy and water efficiency, greenhouse gas emissions, passive solar design, natural ventilation, stormwater reduction and management, solar access, orientation and layout of development, building materials and waste minimisation. …

[44] While we do not disagree with the Council that there may be some benefits in installing the louvres on the east-facing windows, we were not provided with any technical analysis to demonstrate the extent to which the environmental sustainability of the building would be altered. The only reference to the louvres in the ESD referral comments is under energy efficiency where the issue of ‘effective shading’ is noted as a design response that is not satisfactory in the Council Assessment Rating. The corresponding comments are to extend the provision of louvres as detailed in the disputed condition.

CASE DOCUMENTS

ATJ Holdings Pty Ltd v Yarra CC [2021] VCAT 1361