MANNINGHAM MUST MAKE PLANNING SCHEDULES MORE VCAT PROOF.
Here is another example of where a Vcat member has upheld a developer appeal by overruling a council decision to reject a three storey townhouse proposal, at 88 Whittens Lane, Doncaster, despite it not conforming to the mandatory provisions (cannot be varied with a permit) of the Manningham Planning Scheme schedule DDO8, by ruling that; “the design objectives clearly indicate support for two-storey townhouse style dwellings with a higher yield within sub-precinct B. However, the design objectives in DDO8, fall short of saying three-storey developments cannot be contemplated”! Workroom Design Pty Ltd v Manningham CC  VCAT 587 (16 May 2014) MPS DDO8
Resident Amelia Tang provides the following analogy;
” It’s a bit like saying “the national road laws stipulate we must drive on the left hand side of the road, but because it is not specifically referred to in the local road rules it should also be okay to drive on the right side”.
In his summary tribunal member Mr Cimino went on to say; “perhaps more telling is the absence of a prohibition of development higher than two storeys within DDO8. I would have thought that if the situation is cut and dried in terms of limiting the height of buildings to no more than two-storeys, then the DDO provisions should be drafted to reflect this. Indeed, there are examples of such controls in other planning schemes”
Sub-precinct B is an area where single and two storey dwellings only will be considered and development should have a maximum site coverage of 60%. There is no minimum land area for such developments”. it then goes on to stipulate the Design Objectives; To support two storey townhouse style with a higher yield within sub-precinct B and sub-precinct A and maximum building height 9 metres or 10 metres on sloping sites. Mandatory and cannot be varied with a permit.