Victorian Civil and Administrative Tribunal s4

VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL

ADMINISTRATIVE DIVISION

VCAT REFERENCE NO. P1363/2015 PLANNING AND ENVIRONMENT LIST PERMIT APPLICATION NO. TPA/43573

APPLICANT Michelle & Greg Mascaro RESPONSIBLE AUTHORITY Monash City Council RESPONDENT Bayley Ward SUBJECT LAND 104 Atkinson Street, Oakleigh WHERE HELD 55 King Street, Melbourne BEFORE Geoffrey Code, Member HEARING TYPE No hearing DATE OF ORDER 17 November 2015 CITATION

ORDER 1 The decision of the Responsible Authority is varied. 2 In permit application no. TPA/43573 a permit is granted and directed to be issued for the land at 104 Atkinson Street, Oakleigh in accordance with the endorsed plans and on the conditions set out in Appendix A. The permit allows:  Part demolition, alterations and additions to a dwelling in a Heritage Overlay 3 No order as to costs.

Geoffrey Code Member REMARKS 1 This order is made at the request of the parties and with their consent. 2 The Tribunal regards the consent of the responsible authority to be a confirmation to the Tribunal that: a the responsible authority is of the opinion that the permit or amended permit is appropriate having regard to the matters it is required to consider under section 60 of the Act, including the balanced application of the strategies and policies of the relevant planning scheme and is otherwise in conformity with the provisions of the planning scheme and the Planning and Environment Act 1987; b the proposed orders will not result in any change to the proposed use or development which would materially affect any person other than the parties to the proceeding. 3 Based on the information available to the Tribunal, I consider it is appropriate to make these orders.

Geoffrey Code Member

VCAT Reference No. P1363/2015 Page 2 of 4 APPENDIX A

PERMIT APPLICATION NO: TPA/43573 LAND: 104 Atkinson Street, Oakleigh

WHAT THE PERMIT ALLOWS: Part demolition, alterations and additions to a dwelling in a Heritage Overlay

CONDITIONS 1 The plans to be endorsed and which will then form part of the permit are the plans prepared by Bayley Ward Architecture and Interiors, project no. 1337, drawings nos. TP101 revision B dated 16 September 2015, TP102 revision B dated 16 September 2015, TP201 revision B dated 16 September 2015 & TP301 revision A dated 16 September 2013. 2 The development as shown on the endorsed plans and in accordance with the conditions of this permit must not be altered without the consent of the Responsible Authority. 3 The additions hereby permitted shall be no higher than the ridge line of the existing dwelling on the site. 4 All external cladding and trim of the proposed buildings must be of a non- reflective nature. All external cladding and trim must be of a pale-mid (medium) grey non-reflective colour and material surface. 5 The walls on the boundary of adjoining properties shall be cleaned and finished in a manner to the satisfaction of the Responsible Authority. 6 Opaque/frosted glass screening to all (the entire) bath-house windows (second storey) facing north side of the property. 7 All trees to the northern side boundary must be advanced/mature trees to a height of 6m as shown and highlighted in the revised plans (please refer attached). This includes all trees in the raised garden beds along the northern side. 8 Before the occupation of the development, the landscape works as shown on the endorsed plans and as included in the conditions of this permit must be carried out and completed to the satisfaction of the Responsible Authority. Landscape must then be maintained to the satisfaction of the Responsible Authority, including the replacement of any dead, diseased or damaged plants and trees. 9 Window sill height of not less than 1.7m above internal finished floor levels to second storey windows on the northern side wing of the building (ie

VCAT Reference No. P1363/2015 Page 3 of 4 windows facing northern side, but excluding bath-house windows which is covered by condition 6. 10 Fixed screening designed to eliminate any and all viewing into northern neighbour (solid obscurity) to the second storey area on the east face of the northern side wing. This will be placed where the current mesh is highlighted/located in the endorsed plans on northern wing without altering anything else. 11 Screening in accordance with the endorsed plans and the conditions of this permit must be in place prior to occupation of the building and maintained thereafter. 12 No plant and/or equipment services to be permitted at and above the roof level of the buildings that are visible from the northern neighbour side. 13 All on-site stormwater is to be collected from hard surface areas and must not be allowed to flow uncontrolled into adjoining property. 14 This permit will expire in accordance with section 68 of the Planning and Environment Act 1987 if one of the following circumstances applies: (a) The development is not started within two years from the issued date of this permit. (b) The development is not completed within four years of the issued date of this permit. In accordance with Section 69 of the Planning and Environment Act 1987, the Responsible Authority may extend the periods referred to if a request is made in writing before the permit expires, or within six months of the permit expiry date, if the development allowed by the permit has not yet started, or within 12 months of the permit expiry date, if the development has lawfully started before the permit expires.

--- End of Conditions ---

VCAT Reference No. P1363/2015 Page 4 of 4