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38-40 Stirling Rd / Hyton Court 

Proposed sub-division

Issue:  The applicant proposed to sub-divide a two large adjacent blocks, one accessible only from the end of Hyton Crescent and the other at 38-40 Stirling Road. It was proposed to divide the area into a ten allotment sub-division with lot sizes range from 864 sq meters to 1,946 sq metres.


38-40 Stirling Rd / Hyton Court photo
The property at 38-30 Stirling Rd from Hyton Court


Overview: On 27th Sept. 2007 Council wrote to the applicant (copy to objectors) stating that a permit would be issued provided the applicant altered the plans to include the following:-

  1. Reduction of building lots from 10 to 8.
  2. Minimum size of each lot to be 1000sq meters
  3. Access to lots to be relocated and widened
  4. Landscaping plan to be submitted.

The applicant agreed to the Maroondah City Council's and objector's concerns and a permit was issued. However the applicant reniged and appealed to VCAT.

At the VCAT hearing the applicant was granted a permit for 9 building lots (not ten as originally requested) and MRG had no objection to this ruling.

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