Altus Planning & Appeals were recently successful in overturning the City of Vincent’s decision to refuse a development application for a two storey dwelling due to the requirements of new Character Area Retention Guidelines.
Joe Algeri, the Director, appeared on behalf of the Applicant in a combined role (both as agent and providing expert planning evidence). Joe was able to successfully argue that, whilst the proposal did not meet all of the deemed-to-comply provisions of the guidelines, the proposal had adequately addressed the relevant design principles. The SAT member gave an oral decision on the day, citing that the proposed development was consistent with the City’s planning framework and could be approved.
Furthermore, the Tribunal member identified that parts of the City’s policies referenced did not ‘augment’ the design principles of the R-Codes consistent with clause 7.3.1(b) of the R-Codes and therefore could not be relied upon.
The Tribunal’s decision will be published within the coming weeks and will be available to view on the SAT website. Should you require further information, please contact us.