Location: 257 Pascoe Vale Road, Essendon
When a council ruling effectively makes your land worthless, where do you go?
A young man named Guiseppe called us out of desperation as he had just been refused a planning application to build his new home in Essendon. He had been told by Council that they would under no circumstances approve the development. Their reason was that it had no street frontage and its only access was via a Right of Way. He asked whether we could help him.
The land was 250 sqm in size, zoned residential with its own title. Unfortunately what council were in effect saying to our client was that he could not build anything on this land! This made no sense to us, as we considered this to be a fundamental right of an individual who owns land in a residential area.
We took the job on knowing that that we would need to take the application to VCAT for a decision. We prepared a new design which complied in principle to all of Rescodes standards. As the only access was via a ROW we also engaged a traffic engineer.
We are pleased to say that VCAT ruled in our client’s favour! He is now the owner of a new home in the heart of Essendon. He indicated that in effect we had realised his land’s $400,000 value and was now in a position to get on with his life, leaving his sleepless nights and anxiety behind him.
To us this was a victory for common sense!