Pure Projects Pty Ltd v Banyule CC

COURT OR TRIBUNAL

Victorian Civil and Administrative Tribunal

DATE FILED (OR FIRST HEARING DATE)

17/07/2017

LITIGATION TYPE

Project Approval - Adaptation, Project Approval - Mitigation

SUBJECT MATTER

Urban Planning, Urban Planning

REVIEW TYPE

Merits review

SUMMARY

Catchwords: Banyule Planning Scheme; Part Commercial 1 Zone; Part General Residential Zone; Design and Development Overlay Schedule 11; Vegetation Protection Overlay; Five and six storey apartment building; Alteration of access to a main road; Housing Diversity (substantial change) Area; Commercial uses along the frontage; Articulated frontages; Height; Landscaping; Overshadowing; Traffic; Parking; Proximity to heritage places

At [164]: “[the proposal ought to be refused] because the development would lead to the loss of vegetation that would adversely affect biodiversity and habitat for flora and fauna. She further says the development would increase vehicle emissions that would adversely impact air quality and people’s health. She says a large building would adversely contribute to climate change and urban heat. She is also concerned that a large building would reflect strong winds into her property that would damage the notable eucalypt in her front setback area.”

CASE DOCUMENTS

Pure Projects Pty Ltd v Banyule CC [2017] VCAT 1290