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National Trust of Australia (Victoria) v Minister for Planning.

País/Territorio
Australia
Tipo de la corte
Nacional - corte inferior
Fecha
May 27, 2010
Fuente
UNEP, InforMEA
Nombre del tribunal
Victorian Civil and Administrative Tribunal
Sede de la corte
Melbourne
Juez
Rickards.
Idioma
Inglés
Materia
Cuestiones jurídicas, Tierra y suelos
Palabra clave
Patrimonio cultural Manejo de tierras
Resumen
The National Trust are seeking to review the decision of the Minister for Planning, the Responsible Authority to issue a Notice of Decision to Grant a Permit for the redevelopment of the Hotel Windsor. The Capital City Zone, Design and Development Overlay and Heritage Overlay in the Melbourne Planning Scheme affect the subject site. The application is exempt from the provisions of notice and review rights under the Capital City Zone and Design and Development Overlay. There is no exemption from notice or review rights under the Heritage Overlay. Under the Heritage Overlay, clause 43.01-2 provides ‘no permit is required under this overlay ...to develop a heritage place which is included on the Victorian Heritage Register’. The Hotel Windsor is listed in the schedule to the Heritage Overlay in the Melbourne Planning Scheme specifically under HO739 (Hotel Windsor) and it is contained generally in the area defined as HO500(Bourke Hill Precinct). The National Trust objected to the application and provided a written and verbal submission to the Advisory Committee appointed by the Minister to advise him on the application. No permit is required for the heritage place referred to in the Heritage Overlay HO739 (Hotel Windsor) as it is included on the Victorian Heritage Register and therefore exempt pursuant to clause 43.01-2. As HO739 is exempt from the requirements of a permit then even though it is also included in HO500 the heritage place referred to as HO739 remains exempt. That part of the proposal referred to as the “services and recreational stick” that is to cantilever over Windsor Place which is outside of the site defined as HO739 falls within HO500 (Bourke Hill Precinct). This part is not included on the Victorian Heritage Register, a permit is therefore required for this part of the proposal under clause 43. This part of the decision to grant a permit can be reviewed by the Tribunal under section 82 of the Act. The consideration of a part of the proposal that is proposed in HO500 and not in HO739 does not enliven the Tribunal’s jurisdiction to include the whole of the site that is on the Victorian Heritage Register to require a permit. The National Trust as an objector under section 82(1) of the Act can seek a review but such application for review is confined only to issues relating to the part of the proposal that falls within HO500 being that part of the proposal that falls outside of HO739 and is located only within HO500.
Texto completo
COU-156712.pdf