Serious Developments Pty Ltd v Boroondara CC

COURT OR TRIBUNAL

Victorian Civil and Administrative Tribunal

DATE FILED (OR FIRST HEARING DATE)

14/10/2016

LITIGATION TYPE

Project Approval - Mitigation

SUBJECT MATTER

Energy efficiency

REVIEW TYPE

Merits review

SUMMARY

Catchwords: Boroondara Planning Scheme; Neighbourhood Residential Zone Schedule 3; Heritage Overlay HO152; Alteration of access to a main road; Demolition of the existing dwelling; Two, two storey dwellings; Demolition of a contributory building; Front setback of dwelling 1; Landscaping

See particularly [61]–[62]: [61] I agree with the responsible authority that the proportion of glazing to solid walls would be considerably greater than in the nearby heritage dwellings. However, I am not persuaded that this is inappropriate in this context. The dwellings are encouraged to have a different appearance and style from the heritage dwellings, so being different is not in itself fatal or a justified criticism. [62] The extent of glazing responds to contemporary expectations and takes advantage of materials and building technologies that allow for more expansive glazing. It also makes good use of northern solar energy, which now has a greater priority than in the 1880/90’s, given contemporary concerns with energy costs and climate change.

CASE DOCUMENTS

Serious Developments Pty Ltd v Boroondara CC [2017] VCAT 337