Proposed Development Plan: Former Clayton West Primary School site

Views sought by 16 August 2017

Council has received an amended plan from the developer for 10 Alvina Street (Oakleigh South). Council sought community views on the amended proposal until Wednesday 16 August 2017.

Following the community consultation period, Council will decide on its position in relation to the amended proposal, taking into account community feedback and the relevant planning regulations. If you would like to discuss this matter further, please contact Sue Monagle, Principal Planner, on 9518 3068.

Council has considered two separate development plan applications for this site, both of which were refused by Council. The amended plans relate to the first application for 108 two and three storey dwellings

Following significant community objection, Council refused this application in September 2015 and the developer subsequently appealed Council’s decision to the Victorian Civil and Administrative Tribunal (VCAT). Following a number of adjournments, the matter will now proceed to a merits hearing at VCAT commencing on 4 September 2017. As part of the VCAT review, the developer has chosen to amend the proposal.

The key details of the amended proposal can be summarised as:

  • Total number of dwellings reduced from 108 to 96 and increased diversity in housing types proposed.
  • The development now consists of 2 x 2 bedroom townhouses each provided with 1 car space, 76 x 3 bedroom townhouses and 18 x 4 bedroom dwellings,  each provided with 2 car spaces.
  • A total of 22 kerb side visitor car spaces are proposed throughout the internal road network.
  • One additional tree rated as having moderate retention value is proposed to be retained (located in rear yard of Lot 50).  In total 5 of the existing trees are proposed to be retained on the site including 3 with high retention value and 2 with moderate retention value.

Please note that the second development plan application for the site which proposed 88 dwellings on the site was refused by Council in January 2017.  In this instance, the applicant did not appeal Council’s decision and this proposal will not proceed.

Amended Development Plan

Full details of the amended proposal are available below:

Statement of Changes (PDF, 57KB)

Updated Development Plan - part 1 (Project Summary) (PDF, 3MB)

Updated Development Plan - part 2a (Urban Context and Site Analysis) (PDF, 20MB)

Updated Development Plan - part 2b (Urban Context and Site Analysis) (PDF, 5MB)

Updated Development Plan - part 3 (Design Evolution and Response) (PDF, 12MB)

Updated Development Plan - part 4 (Drawings) (PDF, 6MB)

Landscape Plan (PDF, 5MB)

Arborist Report (PDF, 310KB)

Landfill Gas Risk Assessment (PDF, 7MB)

Traffic Engineering Assessment (PDF, 8MB)

 The application documents are also available to view at the Clayton Community Centre (9-15 Cooke Street, Clayton) and the Monash Civic Centre (293 Springvale Rd, Glen Waverley).

Second proposal - rejected January 2017

In January 2017, Council rejected a second proposed development plan for the former Clayton West Primary School site in Alvina Street (Oakleigh South). Council sought extensive community feedback and received a total of 369 submissions about the proposal. 

The first application was refused by Council in September 2015 and is now to be decided upon by the Victorian Civil and Administrative Tribunal (VCAT). The developer was clearly exploring all options available to them, with the second proposed plan submitted to Council to consider separately. 

In its January 2017 decision, Council determined that the scale and density of the second proposed development plan was excessive, and that the development was not in keeping with the neighbourhood's existing character. 

For more information, see the report which Council considered before making its decision: Report to Council meeting on former Clayton West Primary School in Alvina Street (Oakleigh South) (PDF, 831KB)


VCAT hearing about original proposal

The original development plan for this site was submitted to Council in 2015. More than 210 local residents objected to the plan and it was refused by Council. For more information, see Council media release: Development plans for school sites refused.

The developer appealed against Council's decision to the Victorian Civil and Administrative Tribunal (VCAT) and these proceedings are still ongoing. VCAT has scheduled a practice day hearing for 17 February 2017. The purpose of the practice day hearing is to:

  • consider the future conduct of the proceeding including consideration of dates, duration; compulsory conference and/or venue and
  • ascertain the current status of the application.

Members of the public are welcome to attend the practice day hearing, which will be held at VCAT (55 King Street, Melbourne).

Supreme Court decision about vegetation

In early 2016, the developer also appealed to the Supreme Court in relation to the vegetation on the site.

The developer appealed after the Victorian Civil and Administrative Tribunal (VCAT) ruled that 32 mature trees could not be removed from the site.

VCAT ruled that the developer's plan for tree removal didn’t comply with the site's Development Plan Overlay, as the overlay requires a landscaping plan that incorporates significant vegetation including any moderate and high value trees.

Council engaged a barrister to represent Council and community views at the Supreme Court hearing on 19 August 2016

On 20 December 2016, the Supreme Court handed down its decision:

Supreme Court Decision - Alvina Street school site (PDF, 1MB)

Unfortunately, the court ordered that the Development Plan Overlay be interpreted to mean that not all moderate and high value trees are required to be shown as retained on the Development Plan.

The court found that the wording of the Development Plan Overlay requires the developer to consider what significant vegetation is to be retained on the site under a proposed Development Plan, but does not require all moderate and high value trees to be specifically retained.

Second Proposed Development Plan

The key differences between the second proposal and the original proposal can be summarised as:

  • A reduction in the number of dwellings proposed, from 108 to 88 dwellings
  • Retention of all existing trees and vegetation rated as being of high or moderate value
  • Modified dwelling footprint/layout
  • Modified road and pedestrian path layout.

Here are the documents associated with the second development plan:

Development Plan Report (including Appendix A) (PDF, 2MB)

Appendix B - Planning Property Report (PDF, 112KB)

Appendix C - Proposed Development Plan (Part 1) (PDF, 5MB)

Appendix C - Proposed Development Plan (Part 2 - Architectural-Statement) (PDF, 2MB)

Appendix C - Proposed Development Plan (Part 3 - Urban Context and Site Analysis) (PDF, 17MB)

Appendix C - Proposed-Development Plan (Part 4) (PDF, 6MB)

Appendix C - Proposed Development Plan (Part-5) (PDF, 10MB)

Appendix D - Indicative Floor Plans (PDF, 2MB)

Appendix E - Landscape Plan (PDF, 6MB)

Appendix F - Traffic Engineering Assessment (PDF, 2MB)

Appendix G - Arborist Report (PDF, 502KB)

Appendix H - Report on Environmental Due Diligence Review and Advice (PDF, 18MB)

Appendix I - Land Fill Gas Risk Assessment (PDF, 7MB)

Additional documents:

General architectural theme (PDF, 879KB)

Further advice letter from applicant (PDF, 1MB)

Arboricultural Assessment Report (prepared for State Government) (PDF, 2MB)

The plans can also be viewed in person if you visit the Oakleigh Service Centre (3 Atherton Rd) or the Monash Civic Centre (293 Springvale Rd, Glen Waverley).

Development Plan

In 2014, the former State Government rezoned the site to Residential and placed a Development Plan Overlay on the site. The site was then sold.

The land owner then submitted a Development Plan to Council which provided a broad master plan for how they proposed the site be used and developed. Council consulted with the community about the Development Plan and ultimately decided to refuse the plan.

The former State Government's decision to place a Development Plan Overlay on the site reduced the rights of residents to object to development on the site. It is for this reason that Council asked the former State Government to reconsider its decision to impose a Development Plan Overlay on the site. However, the former State Government proceeded to sell the site with a Development Plan Overlay in place.

Original Development Plan

Here is the original Development Plan which Council refused at its 29 September 2015 Council meeting:

Applicant Letter (PDF, 2MB)

Planning Report (PDF, 4MB)

Covenant (1003630) (PDF, 137KB)

Covenant (980547) (PDF, 424KB)

Master Plan Illustration (PDF, 2MB)

Mass Diagrams (heights and setbacks) (PDF, 4MB)

3D image (PDF, 260KB)

Arborist Report (PDF, 499KB)

Landscape Plan (PDF, 4MB)

Site Analysis (PDF, 3MB)

Site Layout (PDF, 2MB)

Site Layout Indicative Dwelling (PDF, 6MB)

Street Section Examples (PDF, 1MB)

Traffic Report (PDF, 4MB)

Waste Management Plan (PDF, 70KB)

You may also be interested in this report by Council's planning staff, which Council considered before making its decision:

10 Alvina Street, Oakleigh South (Council Meeting 29 September 2015) (PDF, 846KB)




10 Alvina Street, Oakleigh South 3167 View Map

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