By Shelby Brooks
A plan to build a new home in a bushy Cockatoo subdivision has been rejected, with the state’s planning tribunal conceding the ruling could be considered “unfair and unjust”.
Carmine Bucci appealed to the Victorian Civil and Administrative Tribunal (VCAT) in December to try overturn Cardinia Shire Council’s ruling that didn’t allow him to build a house on Paternoster Road.
In the ruling released on 1 February, VCAT member Joel Templar said Mr Bucci described the build site as one of 10 allotments subdivided in 1963.
Eight out of the 10 allotments along Paternoster Road were currently being used for rural living purposes, one being used for commercial purposes with Mr Bucci’s block (number 369) the only one not having a dwelling, Mr Templar said.
In his ruling, Mr Templar expressed his sympathy to Mr Bucci and recognised the ruling may seem “unfair and unjust”.
“Whilst I have some sympathy for the applicant with respect to the argument that this is the last lot of the original subdivision to remain vacant and most others contain a dwelling, to give this argument any weight would be to ignore the role of the decision maker in administering the planning scheme,” Mr Templar said.
“I find that there is no part of the planning scheme that I can give any weight to in support of the proposal on such grounds.
“This may seem unfair and unjust; however, it also has to be recognised that this is not residentially zoned land, where a substantial amount of vegetation needs to be removed for the proposed dwelling and the other existing dwellings referred to have existed for many years.”
Mr Templer agreed with the shire’s initial reasons for refusal in that the single storey home would have an “adverse outcome” on native vegetation and biodiversity and impact from bushfire.
Twenty-five per cent of the allotment (0.542 hectares) would have had to be cleared of vegetation in order to build the four bedroom brick veneer home.
“The proposed removal of vegetation from the site does not protect and enhance natural resources and the biodiversity or the landscape qualities of the area,” Mr Templar said.
