VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL
planning and environment DIVISION
planning and environment LIST	vcat reference No. P1939/2019
Permit Application no. 16/0205-2	
CATCHWORDS	
Section 77 Planning and Environment Act 1987; Great Ocean Road; Outbuilding in frontage; Neighbourhood character; Eastern View. 	

APPLICANT	Steven Cauchi	
responsible authority	Surf Coast Shire Council	
Referral Authority	Department of Environment, Land, Water & Planning, Country Fire Authority - Headquarters	
RESPONDENT	N Lyons	
SUBJECT LAND	633 Great Ocean Road
EASTERN VIEW  VIC  3231	
WHERE HELD	Melbourne	
BEFORE	Karina Shpigel, Member 	
HEARING TYPE	Hearing	
DATE OF HEARING	3 September 2020	
DATE OF ORDER	28 September 2020	
CITATION	Cauchi v Surf Coast SC [2020] VCAT 1087	

Order
No amendment of permit
1	In application P1939/2019 the decision of the responsible authority is affirmed.
2	Planning permit 16/0205 must not be amended.

Karina Shpigel
Member 			

Appearances
For Steven Cauchi	Steven Cauchi, in person. 	
For Surf Coast Shire Council	Leah Protyniak, Town Planner. 	
For N Lyons	Tufan Chakir, Architect and Urban Planner. 	
For Department of Environment, Land, Water & Planning	No attendance. 	
For Country Fire Authority - Headquarters	No attendance. 	

Information
Description of proposal	Application to amend Planning Permit 16/0205-1 to construct an outbuilding in the front setback. 
The outbuilding is proposed to be constructed out of colorbond steel (monument) and has an area of 56 square metres, a maximum height of 4.55 metres. The outbuilding will be set back one metre from the front boundary and one metre from the western site boundary.	
Nature of proceeding	Application under section 77 of the Planning and Environment Act 1987 – to review the refusal to grant a permit. 	
Planning scheme	Surf Coast Planning Scheme	
Zone and overlays	Rural Conservation Zone.
Environment Significance Overlay, Schedule 5.
Design and Development Overlay, Schedule 11.
Bushfire Management Overlay. 	
Permit requirements	Clauses 35.06-5, 42.01-2 and 43.02-2 to construct a building or construct or carry out works. 
Clause 44.06-1 to construct a building or construct or carry out works associated with accommodation (dwelling). 	
Land description	The land is located on the north side of the Great Ocean Road within a small development cluster at Eastern View.  The site has an area of 1,849 square metres and has a steep fall from the rear (north) to the front (south) with a slope of 34 degrees. 
The site is currently being developed with a new double storey dwelling.
Vehicular access is via a shared driveway which crosses over the land at 635 Great Ocean Road, to the west. 
Eastern View is a small development cluster between Aireys Inlet and Lorne. Dwellings on surrounding properties are deeply set back. 
The Great Ocean Road and the ocean is located to the south.   The Great Otway National Park is located to the north. 	

Reasons
1	At the conclusion of the hearing, I provided an oral determination that the amendment sought to Planning Permit 16/0205-2 (permit) was unacceptable and that I would affirm the decision of Surf Coast Shire Council (responsible authority) to refuse the application.  I reserved the reasons for my decision and informed the parties that I would set these out in a written determination. 
2	This proceeding concerns an application for review by Steven Cauchi (applicant) under section 77 of the Planning and Environment Act 1987.  The applicant was seeking permission to construct an outbuilding at 633 Great Ocean Road, Eastern View (subject land).  The outbuilding is intended to be used for storage and is proposed to be located in the frontage of the site, set back 1 metre from the front property boundary. 
3	The subject land is located on the northern side of the Great Ocean Road at Eastern View.  It is currently being developed with a double storey dwelling to the rear of the subject land, set back approximately 36 metres from the front boundary with the Great Ocean Road road reserve.  The dwelling is approved by the permit.  The subject land has a substantial slope of 34 degrees.  
4	I consider the proposed outbuilding to be unacceptable for the following reasons:
•	It is not supported by planning policy encouraging recessive built form to protect and enhance the coastline and the Great Ocean Road environs; 
•	It will have an unacceptable visual impact on the sensitive coastal landscape of the Great Ocean Road, which is sought to be protected by the Surf Coast Planning Scheme (planning scheme);   
•	It is out of character with the existing built form pattern of Eastern View, where dwellings are deeply set back from the Great Ocean Road on elevated sites and feature open frontages dominated by coastal vegetation.  In the immediate context of the subject land, front setbacks range from 25 to 55 metres.  I consider that the presence of a substantial outbuilding set back 1 metre from the front boundary will disrupt the established rhythm and dwelling spacing in Eastern View.  
•	The outbuilding is inadequately set back from the front and side boundaries and relies on existing vegetation in the road reserve for screening. This is contrary to policies and design objectives in the planning scheme encouraging spacing around buildings for vegetation screening to better integrate built form within the landscape; and
•	It is inappropriately located on the site and will be visually prominent when viewed from the Great Ocean Road.
5	For these reasons, the application for review is refused and the decision of the responsible authority is affirmed. 

Karina Shpigel
Member