SPG Toorak Pty Ltd v Stonnington CC

COURT OR TRIBUNAL

Victorian Civil and Administrative Tribunal

DATE FILED (OR FIRST HEARING DATE)

15/08/2022

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Flood risk

REVIEW TYPE

Merits review

SUMMARY

Three storey apartment building; Mandatory garden area requirement; Overland flow path; Neighbourhood character; Amenity of nearby properties; Traffic impact on amenity of local dead end street.

"The Council initially required a freeboard of 200mm but advises now it would change that to 300mm in view of climate change and the fact that Council is now remapping the whole of the municipality using an increased intensity of rainfall of 18.5%. However, Exhibits RA-13 and RA-16 indicate Council was prepared to accept this design because the Council’s initial advice was 200mm freeboard.

If any new planning application is proposed for this site, it should respond to the most up to date advice about the potential flooding impacts. If more freeboard is now considered necessary by the Council, this should be considered together with achieving a design that is respectful of the neighbourhood character in terms of building height and setbacks."

CASE DOCUMENTS

SPG Toorak Pty Ltd v Stonnington CC [2022] VCAT 1365