Emerald residents Elisa Corcoran and Luke Curtis have had their plans to build a large shed on their Outlook Road property knocked back by the Victorian Civil and Administrative Tribunal (VCAT), which found the proposal would have an unacceptable impact on the area’s landscape character.
The couple had applied to construct a 20-metre-long, five-metre-high shed with a total footprint of 240 square metres. It was proposed to sit on a sloped part of their property and would have involved cutting into the hill to reduce its apparent height.
However, Cardinia Shire Council refused the application on visual impact grounds, and this position was upheld after a hearing at VCAT on April 29, 2025.
Neighbour Jason Chandler, who lives opposite the site, raised concerns that the large structure would obstruct views of the southern valley and stand out in what is otherwise a modest, tree-dominated streetscape.
In his submissions to the Tribunal, Mr Chandler argued the shed would dominate the vista along Outlook Road and interrupt long views that are currently framed by scattered trees and low-scale development.
VCAT Senior Member, Ian Potts agreed with Mr Chandler’s assessment, concluding that the proposal was inconsistent with the area’s planning controls, particularly the Design and Development Overlay (DDO1) and the Vegetation Protection Overlay (VPO1).
Mr Potts said that while Emerald is not classified as a significant landscape under state policy, local planning rules still recognise the township’s low-density, semi-rural character as something to be preserved.
In his reasons, Mr Potts accepted that Mr Curtis and Ms Corcoran had attempted to reduce the visual bulk of the shed by cutting it into the slope, but found that this would not lessen the building’s overall mass as seen from the street. Instead, it would expose more of the roof and overall volume of the building from the north, making it more prominent in the public realm.
The Tribunal was also asked to consider the removal of two trees, one of which, Tree 11, a 20-metre Blackwood, was considered to make a meaningful contribution to the landscape character.
Mr Potts stated that while bushfire exemptions allowed the couple to remove certain vegetation without a permit, the two trees in question were not exempt. He concluded that Tree 11 played a significant role in maintaining the vegetated quality of the ridgeline and that its removal would be detrimental to the property’s visual character, particularly when viewed from Outlook Road.
Although the Emerald District Strategy, adopted by council in 2009, is now more than 15 years old, the Tribunal still gave weight to its policy guidance.
Mr Potts noted that while the character described in the Strategy may not perfectly match all parts of Emerald today, the principle that built form should remain subservient to vegetation still applies.
He found that the proposed shed, given its scale, siting and loss of Tree 11, would interrupt the valued views from Outlook Road across to the southern valley and distant ridgelines, undermining the area’s established landscape identity.
The Tribunal rejected the applicants’ argument that the size of the lot justified the scale of the shed.
Mr Potts found that the eastern portion of the site, where the shed was proposed, narrowed considerably, making the mass of the building feel more compressed and dominant from the street.
He said the combination of height, width and length created too much visual bulk in a location where public views are important to the area’s landscape character.
In conclusion, Mr Potts stated that the proposal was not an acceptable planning outcome and affirmed the council’s original refusal – no permit will be granted.
While landowners such as Mr Curtis and Ms Corcoran are entitled to use exemptions to manage vegetation for bushfire safety, new development must still be sensitive to the site’s visual context and the broader landscape qualities that define the area and the VCAT’s decision sends a strong message about the importance of responding to local character in low-density residential areas like Emerald.
