Harris v Yarra Ranges SC [2005] VCAT 1076

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 supported as it was outside of the preferred area of medium density development and set an undesirable precedent in a Foothills Residential Area. The tribunal agreed that the site was well located and that the decision maker needed to assess the application against all relevant planning scheme provisions. The Tribunal also agreed in this case in a reduction in the Public Open Space contribution from 5% to 2%.

Download: Harris v Yarra Ranges SC [2005] VCAT 1076

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