Glossop Town Planning was engaged to represent the Council in an applicant’s appeal against Council’s refusal to amend a permit for a large single storey dwelling to add a relatively small amount of additional height (circa. 1.2m). The additional height triggered a further permit under an overlay.
The dwelling in question was on the banks of the Barwon River with consideration centred on whether the dwelling as a whole, or just the additional height, required consideration and ultimately whether the additional height would produce an acceptable planning outcome in the environs.
Supported by respondents, Hew successfully argued that due to the way the additional height was to be distributed the whole of the dwelling needed to be considered rather than simply the additional 1.2 metres. Further, VCAT agreed with Glossop’s submissions that the amended dwelling as proposed would overwhelm its environs and refused the amendment.