New titles for 14 residential lots in Sunbury’s Canterbury Estate are set to be released after developers won an appeal against a Hume council decision to reject the estate’s landscaping plans.
Victorian Civil and Administrative Tribunal (VCAT) member Geoffrey Code found the council’s reasons for refusing a statement of compliance for plans – part of the 24th stage of the Riddell Road estate – were not valid.
The council argued that landscaping shown in the plans had not commenced to its satisfaction, with some works carried out before they were approved.
The council also claimed that some of the works were tokenistic.
Evidence from the developer showed that landscaping, including construction of a $2 million lake, began in the first of three areas in 2005 and was substantially completed in 2012.
‘‘The landscaping, substantially completed in the first area, may have been completed some time ago, but cannot … be regarded as tokenistic,’’ Mr Code said. ‘‘I find the landscaping in the plans has commenced.
‘‘It is a misconstruction of condition 10c that the council could only be satisfied of commencement if all the landscaping was completed or if an agreement to secure completion of those works was entered into.’’
A VCAT hearing about Macedon Ranges council’s decision to refuse a permit for a controversial Coles Express service station at Woodend is expected to begin this Friday.
