So is going to VCAT worth it?

This is the dilemma - appealing to VCAT shouldn't result in a worse result, but it will take 3 months and 3k longer...

The fee proposal from Site Matters (planners) was received today and it sounds like the conditions on the NOD are a result of the planning officer trying to bring the proposal in line with the RESCODE standards. Some of the standards are quantitive (ie. length of walls on boundaries etc.), but others are qualitative. It's the qualitative standards that are more difficult to predict, as they depend on a person's opinion on what is fair and reasonable.

So basically, at VCAT we have a 50/50 chance of reversing the conditions and it will depend solely on who the chairperson is and whether they choose to uphold the council's justification or ours.

Another possibility is mediation (between the council, us and objectors), but it's up to VCAT to decide whether mediation or a full hearing occurs.

Our planner's confident about arguing our case, but as the council has a strong case as well, is it all worth it?

NOD

We have a NOD, with conditions... Karen still thinks it's possible to make slight adjustments to the plans to meet the conditions, without significantly changing the original ideas.

The biggest issues are the light court extension and the reduction of the bedroom by 2m (goodbye WIR!)

Still, investigating the possibility of appealing to VCAT.

Conditions

It turns out that the council has taken so long to return a verdict, because the panel originally wanted to reject our application! Now it appears as though we will get a Notice of Decision (NOD), but with conditions. Possible conditions are:

• The dwelling setback a minimum of 3.2 metres from the Evans Street frontage.


• Two car spaces within the garage.


• Deletion or modification of the external stairs, landing and the associated fencing to align with the footprint of the existing shed abutting the boundary on the adjoining lot.


• Extend the light court along the west boundary northwards by 3 metres to a total length of 7.5 metres.


• The ceiling of the hall/winter garden raked to reduce the height of the west boundary wall to 2.4 metres.


• The south elevation on the first floor setback 1 metre from the south boundary. This change must involve only a reduction in floor area and must not alter other side and rear setbacks unless otherwise specified.


• The north elevation on the first floor setback an additional 1 metre from the Evans Street frontage (i.e. a total of 14.71 metres). This change must involve only a reduction in floor area and must not alter other side and rear setbacks unless otherwise specified.


• A schedule of all proposed exterior decorations, materials, finishes and colours, including colour samples (3 copies in a form that can be endorsed and filed).

But these are not yet finalised, so fingers crossed...