Paragon 23 Pty Ltd v Moreland CC

COURT OR TRIBUNAL

Victorian Civil and Administrative Tribunal

DATE FILED (OR FIRST HEARING DATE)

06/02/2018

LITIGATION TYPE

Project Approval - Mitigation

SUBJECT MATTER

Energy efficiency

REVIEW TYPE

Merits review

SUMMARY

Catchwords: Moreland Planning Scheme; Application pursuant to Section 77 of the Planning and Environment Act 1987; Commercial 1 Zone (C1Z); Design and Development Overlay (DDO22); Nine storey building; Clauses 22.07, 22.08 & 58; Street wall, Design excellence; Innovative architecture; Passive design; Overall height; Setbacks; Internal amenity; ESD; Vehicle access.

At [53]: Governments have recognised the need to lower greenhouse gas emissions from buildings and agree that the most effective way is to incorporate design features such as appropriate orientation, external shading, natural ventilation and building form at the design stage. Where sites have an orientation to the north a good place to start is by ensuring habitable rooms and private open spaces prioritise apartment and building forms to provide full winter sun and full summer shade, easily configured in Melbourne’s temperate climate. Unfortunately, in this proposal only a quarter of the apartment have an orientation to the north and no shading strategies for north, west or east facing apartments have been explained or detailed.

CASE DOCUMENTS

Paragon 23 Pty Ltd v Moreland CC [2018] VCAT 1234