Win Against Frankston Council

Address: Frankston Area
Project Type: Development of Two New Double Storey Dwellings
Designer: Enlight Building Design

This development took advantage of a greatly sloping block with a cleverly designed split level dual occupancy that also took advantage of distant views. Both dwellings are designed with large upper level balconies coming off first floor living areas.

On lodgement Frankston Council advised that they had concerns with the development including a lack of opportunities for landscaping. We felt that the concerns were generally unfounded and could be addressed with minor changes and provision of a landscaping plan.

Following advertising the Council indicated that they were not supportive of the proposal. As the application had taken considerable time to be processed so far and there was no expectation of a decision until well after Christmas we advised the client that they could lodge a ‘Failure to Determine’ at VCAT.

This was done shortly after Christmas and the hearing was held in July the following year. The VCAT decision to approve the planning permit was handed down only a few weeks after the hearing, at the end of July. VCAT also upheld our request for costs against the Council and ordered Frankston Council to pay VCAT hearing fee that my client had paid. This was a great result for my client and a welcome addition that some of their additional costs were also reimbursed. They have since had the plans endorsed by the Council and are now ready to start building.