A planning permit has been granted by the Victorian Civil and Administrative Tribunal (VCAT) for a nine storey building comprising of offices, retail tenancies, childcare centre and residential dwellings at 99-121 Carinish Road, Clayton.
The developer appealed to VCAT because Council did not decide upon the application within the required 60 day timeframe.
At its May 2017 meeting, Council resolved that if it were in a position to make a decision on the original application, it would determine to refuse the application.
Council had sought community feedback on the proposal and received 28 objections.
Ahead of the hearing, the developer lodged amended plans for VCAT to consider as part of its decision making. The biggest change proposed in the amended plans was the removal of the supermarket tenancy from the ground floor and a reduction in the overall height from 10 storeys to nine.
The VCAT Merits Hearing took place over four days, starting on 11 September 2017.
Council argued against the proposal at the hearing, believing it to be an overdevelopment of the site and out of scale with the existing neighbourhood.
Please view the VCAT decision and approved plans: 99-121 Carinish Road, Clayton (docx, 51KB).
Enquiries: James Heitmann, Principal Planner, on 9518 3628.
The key changes in the amended plans were:
- Removal of ALDI /supermarket tenancy at ground floor. Smaller shop tenancies proposed
- Removal of the loading dock and associated vehicle access from Madeline Road
- Removal of basement access from Madeline Road. Basement entry now proposed from Carinish Road
- 5 x 3 storey, 3 bedroom townhouses have been introduced to Madeleine Road
- Reduction in overall height/deletion of a level from the development. The overall height of the development is now proposed to 9 storeys
- Modification to the internal layout of the proposal
- Modification to architectural detailin
- Modification to car parking provision/allocation.
Further 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, 37KB)
Amended plans (pdf, 8MB)
Artist Impressions (pdf, 30MB)
Sections (pdf, 405KB)
Shadow Diagrams (pdf, 14MB)
Elevations (pdf, 22MB)
Existing Conditions (pdf, 657KB)
TP Issue (pdf, 427KB)
Waste Management Plan (pdf, 4MB)
About the original proposal
At its meeting on 30 May 2017, Council resolved that if it were in a position to make a decision on the original application, it would determine to refuse the application on the following grounds:
- The proposal is significantly out of scale with the surrounding area and will visually overwhelm adjacent and adjoining properties
- The proposal is inconsistent with the policy statements of Clause 22.03-3 in relation to building height
- The proposal fails to satisfy the requirements of Clause 52.06 in relation to onsite car parking provision
- The proposal will have adverse impacts on the amenity of Madeleine Road residential properties (as a result of the proposed loading bay access arrangements)
- The proposal is considered an overdevelopment of the site.
For more information, see the report which Council considered before making its decision: Report to Council meeting on 99-121 Carinish Road, Clayton (pdf, 514KB)
The applicant, Ouson Group, originally proposed a $25 million development that includes:
- Retail premises across the ground floor, including an ALDI supermarket
- A 206 space childcare centre, with 8 children's rooms surrounded by outdoor play area as well as office, kitchen and staff amenities
- Commercial office spaces across levels 5-9, including toilets and staff amenities
- A large rooftop garden on the top level for use by building tenants
- Seeking permission to provide less car parking than is required by the planning regulations.
Please find below the application documents that were originally submitted by the applicant:
Planning Application Form (pdf, 266KB)
Planning Report (pdf, 6MB)
Plans part 1 - Design Response (pdf, 4MB)
Plans part 2 - Floor Plans (pdf, 6MB)
Plans part 3 - Elevations (pdf, 14MB)
Plans part 4 - Sections (pdf, 740KB)
Plans part 5 - Perspectives (pdf, 18MB)
Plans part 6 - Shadow Diagrams (pdf, 15MB)
Plans part 7 - Rooftop Plans (pdf, 16MB)
Survey Plan (pdf, 657KB)
Title (pdf, 804KB)
Traffic Report (February 2017) (pdf, 1MB)
Traffic Report (November 2016) (pdf, 4MB)
Waste Management Plan (pdf, 4MB)