VCAT
Have you received a Notice of Refusal from Council?
Are you disappointed with unreasonable conditions imposed on your Planning Permit?
David De Giovanni Town Planning specialises in offering professional representation at the Victorian Civil and Administrative Tribunal (VCAT) having prepared and presented well over 400 cases.
We offer a quality and competitively priced service and will ensure you receive a high standard of representation at VCAT.
Prior to any VCAT hearing we offer optional design advice to improve the merits of your development and therefore improve your chances of successfully obtaining a Planning Permit.
We also provide recommendations on the appointing of expert witnesses as necessary to further strengthen your case before VCAT.
RECENT VCAT CASES
97 Whittens Lane, Doncaster
We acted on behalf of the property developer for a 3 level apartment building in Doncaster. Objecting residents lodged an appeal with VCAT against Council’s decision to support the development. With the input of two expert witnesses and a strong policy driven case we were able to secure a permit with minor modifications on the day of the hearing.
41 Quarry Road, Mitcham
(City of Whitehorse)
We successfully appealed Council’s refusal of 2 double storey dwellings in a sensitive ‘bush environment’ section of the City of Whitehorse. We worked closely with the project Architect and our client in amending the layout to resolve some of Council’s concerns and achieve an improved response to Policy. An arborist and landscape architect were called as expert witnesses, and a permit was issued by the Tribunal with no real change to the dwellings.
8 Moor Street, Sandringham
(Bayside City Council)
The Bayside City Council refused two double storey dwellings at 8 Moor Street, Sandringham. We worked closely with the building designer and our client to achieve a layout that addressed Policy and the local context, and were issued an ‘on the spot’ decision by the Tribunal who granted a Permit.
187 Nepean Highway, Seaford (Frankston City Council)
Council refused 4 double storey dwellings on a site that fronted the Nepean Highway and foreshore, and that also backed onto the Kananook Creek. This development had a number of complex competing issues including bush fire controls, design controls associated with the Creek and vehicle access issues associated with VicRoads There were also objecting neighbours’ who chose to attend VCAT. We worked closely with the designer and client to prepare amended plans that addressed many of the various issues and grounds of refusal. The Tribunal directed that a permit be granted with no major changes to the design.
195–197 Waiora Road, Heidelberg Heights (Banyule City Council)
Council refused an application for ten double storey dwellings above a basement car park. This application had a number of complex competing issues including access to a main road, landscaping controls, and amenity considerations (overshadowing etc), and there was also strong community opposition to the development. We worked closely with the designer, our client, and an expert witness (traffic engineer) in achieving a layout that responded well to the site and these competing issues. The Tribunal directed that a Permit be issued with minor changes.
101–103 Mentone Parade, Mentone
Council issued a Notice of Refusal for this development comprising 16 apartments over 5 levels within the Mentone Activity Centre. We appealed this decision and with the input of two expert witnesses (urban design and traffic), were able to present a strong case to the Tribunal. The Tribunal directed that a permit be issued, without any reduction in the number of apartments.
5 Beltane Avenue, Brighton East
(Bayside City Council)
We were appointed to provide expert evidence to VCAT in the review of Council's refusal of 4 double storey dwellings with basement car parking at the above address. VCAT directed that a permit be issued with very minor changes to the design.
175 Wood Street, Preston
(City of Darebin)
Council issued a Notice of Refusal for two double storey dwellings on this narrow 14m site. We worked closely with the designer and our client to achieve a layout that responded well to policy, whilst also meeting their development needs. The Tribunal directed that a Permit be issued without major changes to the layout.