On Wednesday 1 November the Victorian Civil and Administrative Tribunal (VCAT) set aside Council’s decision to reject an amended permit application for 170-174 Highbury Road (Mount Waverley) following a hearing on 17 July 2017.
VCAT approved an amended planning permit, subject to conditions.
The amended permit allows for the development of a three storey building with basement car parking and use for a medical centre (up to 17 practitioners), a child care centre (up to 144 children), a cafe and dwellings and alteration of access to a road zone.
VCAT rejected the proposed fourth storey as part of the amendment permit, which would have added 10 dwellings to the development.
The amendments approved by VCAT to the existing planning permit TPA/20955/A are:
- Reconfiguration of dwellings and alterations to the setbacks on the third storey, with the number of dwellings on this level increasing from 9 to 10
- Deletion of the occasional child care component and increase the size of the child care centre by 14 places
- Increase in the size of the basement and 10 additional car parking spaces provided
- Reconfiguration of loading/delivery area
- Reduction in the setback of the ground floor to Highbury Road.
Please view the full decision here: VCAT decision on 170-174 Highbury Road, Mount Waverley (doc, 120KB)
Please see VCAT's notice of correction which was issued due to an incorrect date in the original order: VCAT notice of correction on 170-174 Highbury Road, Mount Waverley (doc, 46KB)
Enquiries: James Heitmann, Principal Planner, on 9518 3628.
At its January 2017 meeting, Council refused to grant an amended permit to the developer of 170-174 Highbury Road (Mount Waverley) to allow for a fourth storey to be added to the proposed development.
Council refused the amended development proposal on several grounds, including scale, traffic impact, adequacy of car parking, and the detrimental impacts it would have had on the amenity of the surrounding land. This is the site where a landslip occurred in mid-2015.
The developer of 170-174 Highbury Road Mount Waverley lodged an appeal with VCAT against Council’s decision.
VCAT set down the following dates to consider this matter:
- Practice Day Hearing – Friday 7 April 2017
- Compulsory Conference Date – Thursday 1 June 2017 (a 3 hour conference)
- Merits Hearing – Monday 17 July 2017 (this is a 3 day hearing).
Council strongly argued against the amended plans at these hearings.
About the proposal
Council sought community feedback on the proposal and received 28 objections.
The developer was seeking to add a fourth storey to the development. The original permit provides for a three storey building with basement car parking, and use for a medical centre, child care centre, café and dwellings.
The application proposed :
- provision of a 4th level to the development comprising of an additional 10 apartments
- modification to building setbacks
- modification to the internal layout of the development
- modified vehicle access to the development
- variation to the childcare component of the approval.
For more information, see the report which Council considered before making its decision at the Council meeting in January 2017: Report to Council meeting on 170-174 Highbury Road (Mount Waverley) (pdf, 771KB)
Please find below the application documents that were submitted by the applicant:
Application to Amend Planning Permit (pdf, 2MB)
Letter from Applicant (pdf, 70KB)
Planning Report (pdf, 1MB)
List of Changes (pdf, 141KB)
Memorandum - Biles Report (pdf, 132KB)
Landscape - Letter (pdf, 89KB)
Landscape - Plan (pdf, 4MB)
Development Plans (pdf, 1MB)
Extra survey info and perspective block images (pdf, 2MB)
Shadow Diagrams (pdf, 1MB)
Traffic Report (pdf, 3MB)
Waste Management Plan (pdf, 1MB)