Warragul & Drouin Gazette

Planning decision upheld

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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.

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