VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL
planning and environment LIST	vcat reference No. P11452/2021
Permit Application no.TP37/2021(1)	
CATCHWORDS	

Applicant	2D Property Investments Pty Ltd	

Responsible Authority	Maribyrnong City Council	

SUBJECT LAND	8 Benbow Street,
YARRAVILLE VIC 3013	

HEARING TYPE	Hearing	

DATE OF HEARING	24 November 2021	

DATE OF ORDER	26 November 2021	

CITATION	2D Property Investments Pty Ltd v Maribyrnong CC [2021] VCAT 1425 	

Order
Conditions changed
1	In application P11452/2021 the decision of the responsible authority is varied.
2	The Tribunal directs that planning permit TP37/2021(1) must contain the conditions set out in the Notice of Decision to Grant a Permit TP37/2021(1) issued by the responsible authority on 19 August 2021 with the following modifications:
(a)	Condition 1(f) is deleted.
(b)	A new condition 1(f) is included as follows:
1(f)	The following notations on the first floor level plans of townhouses 2 and 3:
(i)	The sitting room must not be converted into a third bedroom by installing a wall, partition or similar structure along its northern side.
(ii)	The western wall of the sitting room must be solid and the robe must face/open into bedroom 2.

(c)	Condition 2 is amended to read:
2	The development as shown on the endorsed plans must not be altered without the written consent of the Responsible Authority. This does not apply to any exemption specified in Clause 62 of the Maribyrnong Planning Scheme other than an internal alteration that results in the creation of an additional bedroom. NOTE: This does not obviate the need for a permit where one is required.
3	The responsible authority is directed to issue a modified planning permit in accordance with this order. 

Sarah McDonald
Member			

Appearances
For applicant	Mark Waldon, Director, St-Wise Pty Ltd.	
For responsible authority	Anthony Pham, urban planner,
Maribyrnong City Council.	

Information
Description of proposal	Construction of two dwellings to the rear of an existing dwelling, including extensions to the existing dwelling.	
Nature of proceeding	Application under section 80 of the Planning and Environment Act 1987 – to review the conditions contained in the permit.	
Planning scheme	Maribyrnong Planning Scheme.	
Zone and overlays	General Residential Zone–Schedule 1 (GRZ1).	
Permit requirements	Clause 32.08-6:  To construct two or more dwellings on a lot in the GRZ1.	
Key scheme policies and provisions	Clause 52.06.	
Land description	North-western corner of Benbow Street (to the south) and Bena Street (to the east).	

Remarks
1	This decision relates to an application under section 80(1) of the Planning and Environment Act 1987 to review the conditions of the permit for the land at 8 Benbow Street, Yarraville.
2	The permit allows the construction of two additional dwellings on the lot, to the rear of an existing dwelling, subject to permit conditions.
3	The permit condition in dispute is condition 1(f), which requires amended plans to show the following:
Southern setback of the first floor sitting rooms of Dwellings T2 and T3 increased from 900mm to 1400mm.
4	The key issue to be determined relates to whether condition 1(f) is necessary to ensure the proposal provides appropriate car parking for townhouses 2 and 3.
5	The issue centres on whether the sitting rooms at the first floor levels of townhouses 2 and 3 could be walled off to create a separate room to be used as a third bedroom.  Currently the sitting rooms are open to the stairs and the access to their respective ‘bedroom 1’.  If this were to occur, each of these townhouses would comprise three-bedrooms and therefore require a second car parking space in accordance with the requirements of clause 52.06 of the Maribyrnong Planning Scheme.
6	I found that alternative amendments to the plans and permit will provide sufficient mechanisms to avoid or address the potential issue of changes to townhouses 2 and 3 to create a third bedroom, and therefore a demand for a second car parking space for each townhouse.
7	Reasons for my decision were given orally at a hearing on 24 November 2021.
8	For the reasons given at the hearing, the decision of the responsible authority is varied to modify permit conditions 1(f) and 2.

Sarah McDonald
Member