This large French provincial design in Glen Waverley consisting of a basement cellar and four bedrooms per dwelling was refused planning permission By Monash Council but successfully appealed and overturned by CS at VCAT in October 2018. Council’s main issue with the development related to the size of the dwellings being markedly larger to the direct neighbours and the homes in the street. It is common place for council to reject applications consisting of more than one dwelling when the design is for larger style homes. This can be confusing for people when they see a number of ‘knockdown rebuild’ single dwellings in their street for homes that are bigger than what they want to build. The reason these knockdown rebuild homes are allowed to proceed is because you rarely require a planning permit from the local council to construct a single dwelling. Therefore council have no involvement or input into the design process of a single dwelling and that is how so many of them emerge in an area like Glen Waverley. When you are building two houses or more you automatically require a planning permit from the local council and they can force you to compromise on the design and sizes of your homes to get a permit. Council will often justify their requests for smaller homes on the basis that the emerging larger single homes you point to don’t require planning approval therefore you cannot rely on them. This is a flawed approach in assessing applications that is often reversed at VCAT. VCAT tend to have a much broader view of defining the neighbourhood character and do attach significance to an emerging character of a street created by single homes. In this case there was a strong presence of larger homes and even homes of a French provincial design and a Mansard roof. On the basis of this new and emerging context the tribunal ultimately agreed that the character of the neighbourhood was changing and the design was consistent with emerging homes.
If you feel your local council have misinterpreted or incorrectly applied the planning scheme, you may lodge a VCAT appeal regarding their decision to the Planning and Environmental Department at VCAT.
Your VCAT appeal will be heard by independent VCAT member(s) who have a legal or professional town planning background. During the VCAT appeal process, VCAT has the authority to uphold, set aside or vary the decision of Council. The decision of VCAT is solely based on the requirements of the planning scheme, so a successful case must be based on demonstrating how the decision of the Council is inconsistent with the policies and guidelines within the planning scheme. Your case must be based around this requirement - our experts can add value to this VCAT appeal process thanks to their extensive previous experience in successfully presenting these cases to VCAT members.
As well as having an expert present at your case, our team will also complete all necessary formalities and paperwork involved in the lodgement of your appeal.
If you feel the Council have incorrectly applied or not given enough weight to the planning scheme requirements in a decision you have received, please call us to discuss your situation with an expert.
For an overview of the formal process of lodging a VCAT appeal, please click learn more below, or enquire now with our team of specialists now to discuss your needs.