DENALI NOMINEES PTY LTD v BANYULE CITY COUNCIL and Others

78 VR 470·Finanzio J
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78 VR 470
DENALI NOMINEES PTY LTD v BANYULE CITY COUNCIL and Others Supreme Court of VictoriaFinanzio J 21 August, 17 September 2025[2025] VSC 579Planning and environment — Planning scheme — Non-residential use in neighbourhood residential zone — Repeat appeal — Whether wrong statutory test applied — Victorian Civil and Administrative Tribunal Act 1998 (Vic), s 148 — Planning and Environment Act 1997 (Vic) — Banyule Planning Scheme, cl 32.09.

DN operated an established veterinary clinic in a commercial zone. It sought to relocate the existing clinic to land located in an adjoining residential zone, separated from the commercial zone by a laneway.

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