The application for 3 town houses for this site was recently decided by VCAT. Council was concerned about various aspects of the application, such as bulk and access to carparks in such a narrow street. VCAT overturned council's refusal. The Tribunal member supported the view of the applicant's expert witness, and quoted from him in his decision as follows
· In an urban setting borrowed amenity should be regarded as a ‘bonus” rather than being taken for granted over the longer term.
· Visibility of a building from neighbouring properties is not the test to determine whether a new building is acceptable or not.
· Narrow areas between buildings and side boundaries are typically used for utility and access purposes as opposed to being areas of high amenity.
· Windows on the sides of dwellings with an outlook towards side fencing or structures on neighbouring properties tend to have a daylight function as opposed to providing any meaningful outlook.
· In urban settings, it is commonplace that side windows will be overshadowed to some extent by existing buildings, fencing and or vegetation.
· Visibility of a building from neighbouring properties is not the test to determine whether a new building is acceptable or not.
· Narrow areas between buildings and side boundaries are typically used for utility and access purposes as opposed to being areas of high amenity.
· Windows on the sides of dwellings with an outlook towards side fencing or structures on neighbouring properties tend to have a daylight function as opposed to providing any meaningful outlook.
· In urban settings, it is commonplace that side windows will be overshadowed to some extent by existing buildings, fencing and or vegetation.
