Abdou v Hobsons Bay CC

COURT OR TRIBUNAL

Victorian Civil and Administrative Tribunal

DATE FILED (OR FIRST HEARING DATE)

15/08/2022

LITIGATION TYPE

Project Approval - Mitigation

SUBJECT MATTER

Urban Planning

REVIEW TYPE

Merits review

SUMMARY

Application under section 77 of the Planning and Environment Act 1987; Hobsons Bay Planning Scheme; Neighbourhood Residential Zone; Three attached double storey dwellings; Corner lot; Preferred character; Clause 15.01-5L; Site Layout; Response to varied clause 55 standards.

"Other local policies, as relevant to the key issues in this proceeding, relate to ‘Landscape design and canopy tree cover’[8] and ‘Residential development design’.[9] Strategies with respect to landscaping include ‘Increase landscape canopy cover to mitigate climate change and enhance the visual appearance and amenity of front setbacks, carparks and other elements that interface with the public realm’…But, even if Standard B13 was found to be met, I find the proposal does not represent an acceptable character outcome when assessed under clause 55.02-1. This is because the landscape contribution is not sufficient to ameliorate the visual impact of the proposed built form in this design. I note that there are many properties with limited tree cover in the site’s environs, but this is an aspirational approach to enhance landscaping for the range of reasons contained by the scheme, including to address climate change. The extent and form of the proposed development underlies this issue."

CASE DOCUMENTS

Abdou v Hobsons Bay CC [2022] VCAT 1308