Becksters Pty Ltd v Kingston CC

COURT OR TRIBUNAL

Victorian Civil and Administrative Tribunal

DATE FILED (OR FIRST HEARING DATE)

11/07/2016

LITIGATION TYPE

Project Approval - Mitigation

SUBJECT MATTER

Solar energy

REVIEW TYPE

Merits review

SUMMARY

Catchwords: Application under Section 77 of the Planning and Environment Act 1987; Kingston Planning Scheme; 12 Dwellings; Townhouse-Style Buildings; Increased Housing Diversity Area; Character; Vegetation Removal; Vehicle Movement; Visitor Parking; Noise; Overlooking.

At [78]: Dr Jay draws attention to the high wind conditions and the lack of opportunities for solar panels to be installed because of the location of the roof decks. I note these concerns. The pergola elements atop the decks will be fixed and could assist to limit umbrellas and the like that could be dislodged in high winds. Ultimately, this is a matter for the owners and occupiers. I do not think solar panels are precluded. The size of the decks would enable an owner to accommodate panels and retain open space.

CASE DOCUMENTS

Becksters Pty Ltd v Kingston CC [2016] VCAT 1226