VCAT overrules council decision

A nine-lot residential subdivision in Hogan Crt, Drouin has been approved by the Victorian Civil and Administrative Tribunal.

VCAT overturned Baw Baw Shire’s refusal of the application, saying the proposal was consistent with the “garden suburban character” of the area.

Tribunal member Jane Tait said the subdivision layout would complement the existing neighbourhood character and there is adequate space on each lot for landscaping.

M. J. Reddie Surveys Pty Ltd appealed council’s decision. A number of surrounding residents who opposed the application when it was presented at council also objected at VCAT.

The proposed layout of the subdivision included four lots on the northern side of the site and five on the southern side, with access from a central common driveway.

The lots range from 301 square metres to 324 square metres.

VCAT heard Hogan Crt was made up of single storey, detached houses on lots over 1000 square metres.

All abutting lots contain detached houses.

Tribunal inspection

An unaccompanied site inspection of the subject site and surrounding area was conducted after the hearing.

Council refused the application on the grounds the subdivision failed to meet planning objectives and neighbourhood character.

Council said the lot density was “incompatible with the existing development pattern in the area.”

Council acknowledged the block has subdivision potential but argued the lots should be no less than 500 square metres to allow for a goodsized front yard and substantial backyard.

However, the developer argued the lot density was compatible with the existing development pattern in Hogan Crt.

On behalf of residents in Hogan Crt and single storey

Davey Drv, Karla Start told VCAT Hogan Crt was not designed to accommodate nine additional houses and would result in increased traffic, on-street parking and insufficient room for rubbish collection.

They also raised concerns the building envelopes are located over the drain and will cause increased flooding in Davey Drv.

Ms Tait said the application required a balancing of competing policy objectives relating to urban consolidation, residential amenity and neighbourhood character.

Ms Tait said the Baw Baw Land Management Strategy noted there was a need to balance the need for additional housing whilst maintaining the ‘ country town’ feel and connections to landscape.

She said this included infill and higher density housing developments.

Ms Tait said the residential zone encouraged a diversity of housing types and housing growth particularly in locations offering good access to services and transport.

“I agree this subdivision will introduce a lot size well below the minimum lot size in Hogan Crt.

“However, I find this difference does not mean it is inappropriate as the wider neighbourhood contains multi-dwelling developments with similar densities and lot sizes.

“Whilst understanding council’s desire to maintain the country town feel and connections to landscape that is encouraged in the strategy, I found this neighbourhood is best described as a garden suburban residential area due to the style, siting and scale of the dwellings in the court.

“Therefore, construction of nine dwellings on these lots will be consistent with the existing garden suburban character of this area,” she said.

Ms Tait said in response to waste disposal concerns, the applicant submitted a waste management plan that demonstrated nine bins could be placed on the kerbside for collection.