VCAT appeal 2019
A Planning Permit was issued on 11 October 2013 (TPA/40955) for the construction of a two storey building for the use of a medical centre and childcare centre at 170-174 Highbury Road, Mount Waverley.
Subsequent amendments were approved by the Victorian Civil and Administrative Tribunal in 2017 to the Planning Permit which permitted a three storey building for the use of a childcare centre, medical centre and residential apartments.
In July 2019, the Permit holder lodged a Section 87A Amendment which is an application that is lodged directly with VCAT.
The proposal sought to amend the endorsed plans as follows:
- Overall building height increased from 11.428 metres to 13.728 metres (measured to the top of the lift overrun)
- Modification of second floor layout to add an additional one bedroom dwelling. Setbacks are proposed to be reduced to the northern (Highbury Road) and eastern boundaries
- Addition of one car space to the basement, to be allocated to the additional dwelling
- Addition of a rooftop play space associated with the childcare centre including stair and lift access, store room, 2 metre high fencing and shade sails
- Relocation of plant equipment and exhaust flues, and associated metal fencing
- Internal reconfiguration including the addition of a second staircase for staff and emergencies (running between the basement and level 1), resulting in changes to car parking layout and ground and first floor configurations.
At its meeting on Tuesday 27 August 2019, Council decided that if it were in the position to make a decision on the application, it would support the amended application.
Following a one day VCAT hearing on Wednesday 27 November 2019, VCAT determined that a Permit be issued subject to conditions.
To find out more, read the VCAT decision: 170-174 Highbury Road, Mount Waverley (docx, 51KB)
You can also view Council's decision here: Council Report on 170-174 Highbury Road, Mount Waverley (pdf, 493KB)
A copy of the amended plans, the previously endorsed plans and the Planning Permit can be found below:
Title (pdf, 46KB)
Covering Letter (pdf, 375KB)
Current Planning Permit (pdf, 5MB)
Description of Amendments (pdf, 379KB)
Plans (pdf, 2MB)
Previously Endorsed Plans (pdf, 3MB)
VCAT Application Form (pdf, 360KB)
VCAT Order 11 June (docx, 113KB)
VCAT Order 26 July (docx, 34KB)
Enquiries: Alexandra Wade, Principal Planner, on 9518 3068.
VCAT appeal 2017
On Wednesday 1 November 2017, 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 allowed 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.
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)
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.
Council strongly argued against the amended plans at the VCAT 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)