Planning decision upheld
A Baw Baw Shire decision to approve a two lot subdivision in Greenland Drv, Drouin has been upheld at the Victorian Civil and Administrative Tribunal.
VCAT considered an appeal from neighbouring property owner Geoff Peel who raised concerns about loss of neighbourhood character, effluent disposal and insufficient landscaping.
However, tribunal member Judith Perlstein upheld council’s decision to approve the application from Thi Uyen Nguyen to subdivide a vacant lot in Greenland Drv into two parcels of 4685 and 4944 square metres each.
Ms Perlstein said the property was located within a pocket of land zoned low density residential.
She said the municipal planning strategy supported subdivision for urban growth, and specifically acknowledged this for Warragul and Drouin.
“The council acknowledges that residents of both the rural and urban areas of Baw Baw value and enjoy the lifestyle provided with access to community services, proximity to recreational areas and a rural aspect, and confirms that population growth has centred on the two largest towns, Warragul and Drouin.
She said the subject site was within the town boundary of Drouin.
Ms Perlstein said she agreed with the applicant that land in the low density zone was characterised by large single dwellings and outbuildings with landscaping, which was evident on a number of lots along Greenland Drv.
“This proposal is consistent with the general layout of lots in Greenland Drive and responds to the subdivision pattern of the area.
Ms Perlstein said she understood Mr Peel’s concerns about landscaping but she was hesitant to include a condition on the permit at subdivision stage.
“I am satisfied that there is sufficient space on this site to accommodate extensive landscaping, both within and outside of the building envelopes proposed and that the subdivision is respectful of and consistent with the neighbourhood character that has been created within this pocket of low density residential zone land.
Mr Peel initially submitted the proposal was contrary to a restrictive covenant on the site, but acknowledged the covenant did not prohibit subdivision or construction of more than one dwelling.
Mr Peel submitted the original intention of the Greenland Estate was a semi-rural lifestyle.
He said a two lot subdivision would not be in that semi-rural environment which currently offers privacy, spaciousness and a sense of seclusion and being out of view of neighbours.
“I do not consider that the intent of the covenant is to require landscaping, privacy or one dwelling per lot. However, the restrictions on materials and types of buildings have led to the creation of a valued residential area, with dwellings of a generous size and constructed of quality materials,” she said.