Rizk v Nillumbik Shire Council

COURT OR TRIBUNAL

Victorian Civil and Administrative Tribunal

DATE FILED (OR FIRST HEARING DATE)

08/09/2022

LITIGATION TYPE

Project Approval - Mitigation

SUBJECT MATTER

Solar energy

REVIEW TYPE

Merits review

SUMMARY

“I consider the existing number and location of solar panels on the subject buildings are excessive from a heritage setting. The current solar panels are visually obtrusive and detract from the key heritage roof features of the subject buildings. However, I find the removal of overhanging solar panels and realignment of other panels on the subject roofs as proposed in the substituted plans, will ensure the heritage form and shape of the roofs remain visible to the public realm. This is an important consideration under heritage policy and overlay purposes. By reducing the number of panels and lowering them below the apex peak form of the roofs, I find the existing heritage roof forms can be easily interpreted. I also note the roof cladding treatment below the solar panels is not original fabric, being replaced from the original painted corrugated roof sheeting. I agree with the applicant that access to alternative energy sources provided by the solar panels is a reasonable and practical outcome that will offer the café operators opportunity to improve alternative power sources for their café. Nevertheless, the solar panel’s value in reducing greenhouse emissions for community benefit, must be appropriately balanced against heritage considerations relating to its visibility from the public realm. I find the alternative solar panel arrangement and location on the building roofs recommended by Ms White will achieve this policy balance. I therefore agree with and accept the evidence Ms White. I also note this revised position was subsequently accepted by council’s heritage advice following referral of the applicant’s amended plans.”

CASE DOCUMENTS

Rizk v Nillumbik Shire Council [2022] VCAT 1236