807-811 Warrigal Road and 1513-1517 Dandenong Road, Oakleigh

Statement of Grounds by 26 November 2018

Warrigal Dandenong Roads Oakleigh

Update - VCAT application for amended plans

An application has been made directly to the Victorian Civil and Administrative Tribunal (VCAT) to amend Planning Permit No. TPA/46427 for a mixed-use development at 807-811 Warrigal Road and 1513-1517 Dandenong Road, Oakleigh. 

VCAT has scheduled a Practice Day Hearing for Friday 30 November 2018, a Compulsory Conference (mediation) for Thursday 7 February 2019, and a two-day Merits Hearing beginning Monday 18 March 2019

The amendment request seeks approval for:

  • Deletion of condition 1(b) and 1(c) requirements of the permit
  • Deletion of condition 29(a), 29(b), and 29(d) requirements of the permit
  • Amend plans forming part of the approved development. 

Key changes proposed by the amended plans can be summarised as:

  • Additional 1305m2 of retail floor space on the lower ground level
  • One additional 2 bedroom dwelling
  • Removal of 48 existing approved onsite car spaces previously required for residential visitor car parking. The amended plans provide for a total of 497 on-site car parking spaces (previously 545 on-site car spaces provided). The subject land is located within the Principal Public Transport Network. The amendment application seeks to utilise the current applicable car parking requirements negating requirement and provision of visitor car parking spaces with the development. The amendment application satisfies applicable statutory car parking requirements of Clause 52.06, and includes surplus provision of car parking having regard to the car parking requirements of the Monash Planning Scheme. Please refer to the Traffic Report and Planning Report for a more detailed assessment of applicable car parking requirements and proposed car parking provision. 
  • Reconfiguration of car park areas and internal traffic movement arrangements. 

Please find below the application documents that have been submitted by the applicant:

VCAT Application (pdf, 3MB)

Existing Planning Permit (pdf, 1MB)  

Details of proposed amendments (pdf, 43MB)

Traffic Report (pdf, 7MB)  

Planning Report (pdf, 3MB)  

Proposed Amended Plans (pdf, 32MB)  

Tracked changes of amended permit (pdf, 7MB)  

Certificate of Title (pdf, 1MB)

Previous VCAT decision (pdf, 22MB)

Lodging a Statement of Grounds

Any person is able to lodge a Statement of Grounds with VCAT to have their concerns taken into consideration as part of the decision-making process. 

Statement of Grounds must be lodged by Monday 26 November 2018. Here is the form you can download and fill in: 

Statement of Grounds (pdf, 623KB)

A copy of the Statement of Grounds must also be provided to the applicant and Council (mail@monash.vic.gov.au

Previous VCAT approval (29 June 2017)

A planning permit has been granted by VCAT for a mixed use development, comprising dwellings, serviced apartments, retail space and restaurant space at 807-811 Warrigal Road and 1513-1517 Dandenong Road, Oakleigh. 

The original plans for this site featured the construction of three buildings ranging in height from 4 to 18 storeys, to be used for 348 residential apartments, 106 serviced apartments, retail tenancies including a supermarket and cafe/food and drink premises. 

Developer Viapac Australia Pty Ltd appealed to VCAT because Council did not decide upon the application within the required 60 day timeframe. Ahead of the VCAT hearing, the developer submitted amended plans which included a reduction in the overall height of the development to 10 storeys. 

In late June 2017, VCAT approved the amended plans. Council had argued at the VCAT hearing that the proposal be reduced to eight storeys, as this would be more respectful of the surrounding area. However, VCAT did not agree with Council's position. 

Key features of the approved plans are: 

  • Reduction in height of an apartment tower on Dandenong Road from 18 storeys to 10 storeys 
  • Reduction in the total number of dwellings to 260 (previously 348)
  • 106 serviced apartments
  • Reduction in the total number of car spaces to 555 (previously 582)
  • Modification to the internal layout of the development
  • Modification to facade detailing, materials and finishes. 

Please view the VCAT decision for 807-811 Warrigal Road and 1513-1517 Dandenong Road, Oakleigh (pdf, 171KB)

Enquiries: James Heitmann, Principal Planner, on 9518 3628. 

Background

The applicant lodged amended plans with VCAT prior to the hearing. The biggest change in the amended plans was a reduction in the height of the tallest apartment tower from 18 storeys to 10 storeys.

At its Special Meeting on Tuesday 16 May 2017, Council resolved to support the amended proposal subject to conditions including the requirement to reduce the overall height of the development to 8 storeys. Council argued this position at VCAT but was overruled and a permit was granted for an overall height of 10 storeys. 

For more information, see the report which Council considered before making its decision: Report to Special Council meeting on 807-811 Warrigal Road (Oakleigh) (pdf, 575KB)

Details of the amendments that were made to the plans are described in the Statement of Changes included in this document provided by the applicant to the Tribunal: 

VCAT - Statement of Changes (pdf, 87KB)

VCAT - Amended Plans (pdf, 44MB)

About the original proposal  

At its meeting on 31 January 2017, Council determined that it was opposed to the 18 storey proposal. Council had sought community feedback on the proposal and received 18 objections. In considering its position, Council cited several grounds for concern including the excessive height of the development; vehicle access and traffic impact; and a poor level of internal amenity for future residents. 

For more information, see the report which Council considered before making its decision: Report to Council meeting on 807-811 Warrigal Road (Oakleigh) (pdf, 794KB)

The applicant, Viapac Australia Pty Ltd, had initially proposed:

  • The construction of three buildings ranging in height from 4 to 18 storeys
  • 348 residential apartments
  • 106 serviced apartments/residential hotel
  • Retail tenancies orientated to Dandenong Rd and Warrigal Rd
  • A cafe/food and drink premises adjacent to Dalgety St
  • 581 basement car parking spaces accessed from Dandenong Rd and Dalgety St.

Please find below the application documents that have been submitted by the applicant:

Application for Planning Permit (pdf, 1MB)

Planning Report (pdf, 2MB)

Plans - Development Summary, Materials and Finishes (pdf, 1MB)

Plans - pages 1-7 (pdf, 3MB)

Plans - pages 8-16 (pdf, 6MB)

Plans - pages 17-25 (pdf, 6MB)

Plans - pages 26-35 (pdf, 7MB)

Plans - Perspectives (pdf, 11MB)

Plans - Shadow Diagrams (pdf, 2MB)

Landscape Plan - part 1 (pdf, 17MB)

Landscape Plan - part2 (pdf, 12MB)

Supporting information and design response - part 1 (pdf, 17MB)

Supporting information and design response - part 2a (pdf, 12MB)

Supporting information and design response - part 2b (pdf, 11MB)

Supporting information and design response - part 3a (pdf, 10MB)

Supporting information and design response - part 3b (pdf, 4MB)

Supporting information and design response - part 3c (pdf, 7MB)

Plan of Re-Establishment and Detail Survey (pdf, 4MB)

Sustainability Management Plan (pdf, 979KB)

Traffic Report (pdf, 4MB)

Waste Management Plan (pdf, 320KB)

Location

807-811 Warrigal Road, Oakleigh 3166 View Map

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