Rooftop terrace replaced with?…an apartment.

In the recent decision of Union Street Apartments Pty Ltd v Stonnington CC [2015]VCAT 96, the Tribunal considered an application to amend a planning permit. The Tribunal had previously granted a permit for a 3 level apartment development with a rooftop terrace on the fourth level. The Applicant returned to the Tribunal pursuant to section 87A of the Planning and Environment Act seeking to build one large apartment on what had previously been approved as a rooftop terrace.

Applications of this nature are sometimes hotly contested. In the present case the Tribunal granted the application as it did not consider the proposal a transformation, but did describe it as “sailing close to the wind”. The decision is another that practitioners can add to their list of successful 87A applications.

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