18 Cheviot Avenue, Coldstream NO DUAL OCC

REASONS

Background

1 This is an application for the construction of a single storey dwelling located at the rear of the existing dwelling. I am aware that this application follows a number of similar applications recently considered by the Tribunal within Coldstream. I am also aware that the application of State and Local planning policy has been discussed in each of the earlier decisions and I will discuss these observations later in this decision.

2 Mr Guy Walker and a number of residents from Coldstream objected to the permit application and now seek a review of the decision of Council to issue a Notice of Decision to Grant a Permit.

3 The objectors raised issues on the grounds that the development of this site (and others) is against planning policy and in conflict with the character of the neighbourhood. I will address each of these issues below. 

1               Having reviewed the State and Local planning policies within the Yarra Ranges planning scheme, and following my site inspection, I concur with the observations of Members Potts and Mainwaring that there is no prohibition on development in this area and the proposal does not fail in response to planning policy.  I agree with the observation of Member Potts that policy is not mandatory and the purpose of policy is to guide the discretion of decision making under the planning scheme.  Policy cannot be considered in isolation but must be balanced with other relevant policy outcomes’, the purposes of the land’s zone and other controls applying to the site.

Decision

1               This application does not fail because of policy.  As stated, there is no prohibition on development of a second dwelling.  It fails because it has not been site responsive and fails to comply with objectives of clauses 55.02-1 and 55.05-4.  In reaching my decision, I make the observation that sometimes the better outcome would be to demolish the existing dwelling.  The site is therefore not constrained by the footprint of the existing dwelling and more able to be site responsive to such issues as trees to be retained on the site.

2               Having regard to the above, I will order that no permit is issued.

 

Tracey Bilston-McGillen

Member

Once again, this is just a few paragraphs from the decision.  E mail me for the full report if you wish.