We lodged a s79 Application for Review against Council’s failure to decide an application to the Victorian Civil and Administrative Tribunal (VCAT). The application was for the construction of five dwellings (3 three storey and 2 two storey dwellings) on a site close to the Mooroolbark Activity Centre.
Following lodgement of the appeal, Council determined not to support the application. The grounds included purported Clause 55 non-compliance, achievement of relevant overlay purposes, neighbourhood character and garden area compliance.
Through a Preliminary Hearing process, Hew Gerrard was able to have the question of garden area compliance removed as a ground on the basis the application was exempt. Subsequently, through a Compulsory Conference process, Hew was able to address respondent concerns with minor changes to the built form.
After a contested main Hearing, VCAT quickly ordered the grant of a planning permit with no changes to the building footprint.