How To Make A Public Open Space Requirement: A Timely Reminder

Some time ago in Hassta Holdings Pty Ltd v Maroondah CC [2007] VCAT 2455 (Hassta), the Tribunal held that the practice of making a public open space requirement under section 18 of the Subdivision Act 1988 by way of a note on a planning permit is not a valid means of making such a requirement. The Hassta decision was subsequently appealed to the Supreme Court. Given the matter is yet to be heard, it is unlikely that the Supreme Court will issue a decision on the Hassta appeal until well into the new year.

In the meantime, the recent case of Todd Property Pty Ltd v Banyule CC [2009] VCAT 2005 (Todd) serves as a salient reminder that, currently, the Tribunal's decision in Hassta stands as the most authoritative statement on the practice of making a public open space requirement by means of a note on a planning permit.