Millar Merrigan - Land Development Consultants

This case involved an appeal against the desicision of Whitehorse Council to grant a permit for a medium density development and subdivision in Mitcham.

182 Nell Street, Greensborough The tribunal issued costs against Banyule City Council in this case due to the insistence of the Council to stick to an “under the counter policy” that the tribunal had previously ruled against. Download: Pelligra v Banyule CC [2005] VCAT 1207

20 Connors Lane, Seville This case involved the re-subdivision or restructure of existing titles within the Shire of Yarra Ranges. The land is zoned Green Wedge (GWZ2). In determining that a permit should issue the tribunal discussed that of the total area of nearly 20 hectares approximately 6 hectares had been cleared and the balance [...]

13 Kalinda Road, Croydon This case involved the review of conditions placed on a permit for a specialist medical clinic in Croydon in Maroondah City Council. Millar Merrigan successfully argued against the conditions requiring a sealed car park and a restriction on the number of practitioners. The tribunal noted that the parking requirements in the [...]

10 Glendale Court, Kilsyth The Tribunal overturned the decision of the Shire of Yarra Ranges and ordered that a permit should issue allowing for the variation of a single dwelling covenant. In so doing the Tribunal determined that the application was correctly exempted from public notification and that the exemption for ‘removal of restritive covenant’ [...]

10 Glendale Court, Kilsyth The Tribunal allowed the subdivision of the land and variation of the restrictive covenant in overturning the decision of the Shire of Yarra Ranges in this decision. The Tribunal provided a commentary on covenant variations and the assessment of perceived detriment. Download: Hawley v Yarra Ranges SC [2007] VCAT 2318

11 Winfield Road, Balwyn North Download: TSA Architects v Boroondara CC [2007] VCAT 2334

Millar Merrigan successfully challenged the practices of Monash and Knox Councils in the charging of fees in these two cases that were heard concurrently.

11 Peden Street, Chirnside Park The Tribunal set aside the decision of the Shire of Yarra Ranges for this 8 unit medium density development in Chirnside Park. In so doing comment was made on the Councils policies that recognise the need to provide more diverse forms of housing given the changing nature of household types [...]

82 Hereford Road, Mount Evelyn In this case the Tribunal granted a permit for 3 new dwellings and a four lot subdivision in Mt Evelyn overturning the refusal of the Shire of Yarra Ranges. It was generally agreed that the proposal met applicable Rescode Standards. The Councils case was that the application should not be [...]