Application under Section 77 of the (PE Act) Planning & Environment Act 1987 for a review of a decision of the responsible authority to grant a permit. Swimming pool with decking and fence. Residential 1 zone and subject to a special building overlay and a development contributions overlay the Glen Eira Planning Scheme. is considered that the grant of a permit would result in a breach of the “It restrictive covenant registered to the property. Therefore, the application must be refused pursuant to Section 61(4) of the Planning & Environment Act 1987.” ground of application for review is that the of a permit would not “The authorise anything which would result in a breach of a registered restrictive covenant.” The applicants have sought planning permission for the construction of an swimming pool with associated deck and fence in the backyard of the house presently being constructed for them on the review site. A previous house has been demolished to make way for the new one. Although the proposed swimming pool is an in-ground one, the upper lip of the pool will be 600mm above natural ground level and the level of the deck will be 700mm above ground level. This land is in a Residential 1 zone, but there is no requirement, so far as the Residential 1 zone provisions are concerned, for planning permission for the proposed swimming pool and ancillary works. The need for a permit arises because the site is also subject to a special building overlay provided for in Clause 44.05 of the Planning Scheme. Clause 44.05-1 provides that a permit is required to construct the building or to construct or carry out works
Application under Section 77 of the Planning & Environment Act 1987 (PE Act) for a review of a decision of the responsible authority to grant a permit. Swimming pool with decking and fence. Residential 1 zone and subject to a special building overlay and a development contributions overlay the Glen Eira Planning Scheme. “It is considered that the grant of a permit would result in a breach of the restrictive covenant registered to the property. Therefore, the application must be refused pursuant to Section 61(4) of the Planning & Environment Act 1987.” “The ground of application for review is that the of a permit would not authorise anything which would result in a breach of a registered restrictive covenant.” The applicants have sought planning permission for the construction of an swimming pool with associated deck and fence in the backyard of the house presently being constructed for them on the review site. A previous house has been demolished to make way for the new one. Although the proposed swimming pool is an in-ground one, the upper lip of the pool will be 600mm above natural ground level and the level of the deck will be 700mm above ground level. This land is in a Residential 1 zone, but there is no requirement, so far as the Residential 1 zone provisions are concerned, for planning permission for the proposed swimming pool and ancillary works. The need for a permit arises because the site is also subject to a special building overlay provided for in Clause 44.05 of the Planning Scheme. Clause 44.05-1 provides that a permit is required to construct the building or to construct or carry out works
2006-01-31-shaw-v-glen-eira-cc-2006-vcat-68-swimming-pool-not-excavations.docx