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Healy v Yarra City Council - order

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Paul Daniel Healy and Bronwyn Leah Pearcy filed an application to the Victorian Civil and Administrative Tribunal, as according to the Planning and Environment Act 1987 (Vic) § 82, opposing a permit granted by the Yarra City Council. The permit granted the construction of two dwellings on a lot at 9 Arthur Street, Fairfield. The applicants raised issues, including, but not limited to: the shadowing of solar panels on the adjoining property to the south, the removal of vegetation and impact on wildlife, and the proposal will not result in any net benefit/ improvement to the area.

On March 6, 2025, Tribunal member Cassandra Rea varied the decision of the Yarra City Council after hearing the application. While noting that "[t]he response to global warming or climate change is one of the key issues identified for this application," Ms. Rea concluded that there will not be an unreasonable impact on the solar panels on the adjoining property under Yarra Planning Scheme clause 55. The court concluded that the adjoining dwelling to the south will still achieve a reasonable level of solar access, based on the number of unaffected panels, the connection of the panels, and the level of solar cell efficiency. The Tribunal also noted that an alternate plan suggested by the applicants can result in less energy efficiency for the proposed dwelling, and that the Tribunal's role is to "determine whether the proposal is acceptable, not preferable." On additional issues, such as whether the proposal will result in an unacceptable amenity impact upon an adjoining property or whether the proposal will be appropriate in the neighbourhood based on landscaping concerns, the Tribunal found that the balancing of the Yarra City Council was proper.

Healy v Yarra City Council

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