A proposed outbuilding at 123 Emerald-Monbulk Road will go ahead, following a decision by the Victorian Civil and Administrative Tribunal (VCAT) to uphold and vary a planning permit issued by Yarra Ranges Shire Council, despite strong objections from a neighbouring landowner.
The case was brought to VCAT by Carolyn Tesselaar, who lives directly to the south at 121 Emerald-Monbulk Road.
She appeared at the hearing alongside Joe Tesselaar, arguing that the proposed 180m outbuilding would impact the rural character of the area and have negative effects on her property’s amenity.
Yarra Ranges Shire Council had issued a Notice of Decision to Grant a Permit in September 2024, prompting Ms Tesselaar’s application for review under section 82 of the Planning and Environment Act 1987.
The Tribunal heard the matter in May 2025, and conducted a site inspection in June before handing down its decision last week.
In her submission, Ms Tesselaar said the building – with a five-metre wall height and nearly six-metres at its peak – would be significantly larger than other sheds in the neighbourhood and too close to the property boundaries.
She also raised concerns about overshadowing and visual intrusion, particularly on the rear portion of her land, where she plans to undertake horticultural activities.
However, VCAT Member Tracy Watson found that the proposed development did not cause unacceptable impacts in the current context.
Ms Watson said in the statement that the affected area of Ms Tesselaar’s property is, at present, a vacant open grass area with no active land use requiring protection.
“I am sympathetic to the applicant’s desire to protect her future horticultural activities,” she said.
“However, I need to consider the existing physical conditions of the subject site and surrounds, rather than any possible future conditions.”
The Tribunal determined that, due to the more than 50-metre distance between the proposed shed and Ms Tesselaar’s dwelling, any visual impact would be minor.
Although there may be some oblique views from the neighbouring house, they were not considered significant enough to warrant refusal of the permit.
Ms Watson also addressed the broader issue of neighbourhood character, a key focus of both the Green Wedge A Zone (GWAZ1) and the Significant Landscape Overlay (SLO6) provisions that apply to the area.
While acknowledging that the proposed outbuilding is “relatively large compared to many of the existing examples,” Ms Watson said the design and siting of the shed made it acceptable in context.
The structure would be located in the south-west corner of the block, behind the existing house, and setback approximately 92 metres from the road.
Importantly, it is sited at a low point of the land and will not interrupt key views or ridge-lines.
“The outbuilding is not expected to be visible from major roads, landscape features and vistas,” Ms Watson said.
“This is a positive aspect of the proposal and contrasts to some other existing outbuildings in the area…that are positioned closer to Emerald-Monbulk Road.”
The Tribunal found that outbuildings are already a common feature along this section of road, including several examples of similarly sized or boundary-adjacent structures at nearby properties.
It was also noted that the new shed would only cover 5.35 per cent of the site, with total site coverage remaining under 14 per cent – well below that of several neighbouring properties.
The permit was ultimately granted, with conditions requiring amended plans showing external materials in a dark ‘Monolith’ colour, detailed site levels and earthworks, and the preparation of a site environmental management plan.
Additional requirements include stormwater drainage measures and compliance with bushfire protection standards.
Melbourne Water has also imposed specific conditions, including a 30-metre buffer from the nearby Menzies Creek and environmental safeguards during construction.
Construction must begin within two years and be completed within four unless an extension is granted by Council.
While the decision may disappoint Ms Tesselaar, the Tribunal made clear that the outbuilding, although large, fits within the planning framework and physical context of this part of Emerald.
