The application is consistent with the relevant policies and objectives of the Yarra Planning Scheme and should be supported.
The proposal responds positively to the Purpose of the General Residential Zone Clause 32.08 in the Yarra Planning Scheme. There are no Neighbourhood Character Objectives specified in the Schedule to this Zone.
The proposal responds appropriately to the Clause 54 and 55 matters in the Yarra Planning Scheme. Indeed the Schedule states no particular requirements to be met for the Clause 54 and 55 matters, except the tabled standards.
The proposal responds appropriately to the Clause 43.02 Design and Development Overlay in the Yarra Planning Scheme. Indeed the Schedule states: 2.0Buildings and works 21/07/2022 C263yara "A permit is not required to construct a building or construct or carry out works".
I shall quote relevantly from Clause 43.02:
Buildings and works
Permit requirement
A permit is required to:
Construct a building or construct or carry out works. This does not apply:
■If a schedule to this overlay specifically states that a permit is not required.
The proposal is an appropriate response to the existing and preferred neighbourhood character and will not have an unreasonable impact upon the amenity of surrounding properties.
The height, scale and massing of the proposal are an appropriate response to the context and will not have an unreasonable impact upon the amenity of surrounding properties.
The proposal presents a positive response to the emerging character of the surrounds.
The proposal responds positively to the City of Yarra Spatial, Economic and Employment
Strategy.
The proposal responds positively to the Strategic Context.
The proposal responds appropriately to the Clause 65 matters within the Victorian Planning Principles.
The proposal is an "acceptable planning outcome" as related by the following:
Gordon Avenue Investments Pty Ltd v Greater Geelong CC [2021] VCAT 1005
Knox CC v Tulcany Pty Ltd [2004] VSC 375