When to crossover…

This is an interesting VCAT analysis of the validity of a planning permit condition and concepts of reasonableness and enforcement. If you are a planner or lawyer and are interested in the drafting of permit conditions – read on!

John Glossop provided expert town planning evidence on behalf of Greater Shepparton City Council in O’Callaghan v Greater Shepparton CC [2020] VCAT 1345 (1 December 2020).

The matter involved a Section 80 appeal against a condition of permit with respect to a two lot subdivision. The land was zoned General Residential and was affected by a Development Overlay (among other overlays).

New and more intense residential development will occur in the area as a consequence.

The two lot subdivision acted as a precursor to this additional residential development occurring by excising the existing dwelling (Lot 1) from the balance of the land (Lot 2).

The disputed condition related to the ‘surrender’ of a crossover from Lot 1 onto the adjacent road. Council sought this crossover to be removed within five years and for access to the existing dwelling Lot to be provided via Lot 2. The permit applicant sought for this condition to be deleted or at least reworded to require the crossover to only be removed if Lot 1 was further developed.

In providing town planning evidence to VCAT, John Glossop supported Council’s position that the crossover required removal but recommended that the condition be reworded to delete reference to within five years and instead reference the issuing of a Statement of Compliance for the further subdivision of Lot 2.

After hearing from both parties and their respective witnesses, we were pleased to be advised that the Tribunal determined that it supported John Glossop’s reworded condition and ordered an amended permit be granted.

Should you have any VCAT related matters you wish to discuss, Glossop Town Planning would be delighted to assist, and we can be contacted on 9329 2288 or mail@glossopco.com.au  

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