• VCAT

February 28, 2024

If the rescode standard is met, the objective is met. End of story.

The tribunal has firmly reaffirmed this position in a recent decision, Hedley V Mornington Peninsula handed down on the 26th February 2024.

The case was an objector appeal against councils decision to approve a single dwelling in St Andrews. The appellant argued, inter alia that the overshadowing and overlooking impacts were unreasonable. In both matters, it was common ground the requisite rescode standards were met. At section 15 of the decision the tribunal noted that compliance with the required standard marked ‘the end of the story regarding these issues’.

This position supports the view taken by the tribunal in the D’Andrea v Boroondara decision of 11th October 2023.

These decisions compound the commonly held view that changes made to how rescode operates in September 2023 confirmed that if a rescode standard is met, the objective is deemed to be met and that decision makers have no discretion to form an alternate assessment.