The Victorian Civil and Administrative Tribunal (VCAT) has sided with Council and has refused a permit for a residential apartment building, containing 57 apartments and 69 on site car parking spaces, at 15-17 Marriott Parade, Glen Waverley.
The applicant appealed to VCAT after Council rejected the original proposal at its January 2017 meeting. Council had sought feedback on the proposal and received 37 objections.
The VCAT Merits Hearing took place over two days, starting on Monday 31 July 2017. VCAT handed down an oral decision on 1 August 2017, which was to uphold Council's refusal of the application. The written decision was received late on 4 August 2017.
Council argued strongly against the proposal at the VCAT hearing, citing the following grounds for concern:
- The proposal is inconsistent with the Residential Development Policy at Clauses 21.04 and 22.05 of the Monash Planning Scheme, in that it fails to respect the prevailing built form typology of low scale detached homes and medium density townhouse developments of the surrounding area
- The proposal does not adequately satisfy the objectives and design standards of Clause 55 of the Monash Planning Scheme with regard to neighbourhood character, building height, landscaping and noise impacts
- The proposed development will have a detrimental impact on adjoining residential developments to the north, south and west as a result of its overall scale and bulk
- The proposed development is considered an overdevelopment of the site
- The proposed development does not provide a good level of internal amenity for future residents.
Please view the VCAT decision for 15-17 Marriott Parade, Glen Waverley (doc, 77KB)
Enquiries: Sue Monagle, Principal Planner, on 9518 3068.
The applicant lodged amended plans with VCAT prior to the hearing.
The key changes in the amended plans were:
- Materials and finishes amended to accord with the Covenant affecting 15 Marriott Pde
- Building height reduced (15 Marriott Pde) to generally accord with proposed zoning controls (per Amendment C120 to the Monash Planning Scheme)
- Building setbacks varied to generally accord with proposed zoning controls (per Amendment C120 to the Monash Planning Scheme)
- Reduction in the number of dwellings by six
- On-site parking brought into compliance with Monash Planning Scheme requirements (waiver/reduction of parking is no longer sought).
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, 725KB)
VCAT - Amended Plans (pdf, 60MB)
VCAT had directed the applicant to notify the following people of these amended plans:
- Parties to the appeal
- Any person who filed a Statement of Grounds (even if they indicated they did not wish to attend the hearing), and,
- The owners and occupiers of any adjoining property.
About the original proposal
In its decision to refuse the development, Council determined the proposal is an overdevelopment of the site and is out of character with the neighbourhood. Council believes the proposal will have detrimental impacts on surrounding homes and will result in a poor level of internal amenity for future residents.
The applicant proposed:
- A five storey residential apartment building, with a total of 63 apartments (19 x 1 bedroom and 44 x 2 bedroom)
- 74 car parking spaces are proposed within a two level basement car park. The applicant is seeking permission to provide less visitor car parking than the standard requirement. 29 bicycle parking spaces are proposed at ground level.
- Vehicles would access the basement car park from Marriott Parade.
For more information, see the report which Council considered before making its decision: Report to Council meeting on 15-17 Marriott Parade, Glen Waverley (pdf, 929KB)
Here are the original documents that were submitted by the applicant:
Application for planning permit (pdf, 1MB)
Urban Context Report (pdf, 4MB)
Artists Impression - Facade (pdf, 3MB)
Development Plans - part 1 (pdf, 11MB)
Development Plans - part 2 (pdf, 5MB)
Sustainable Management Plan (pdf, 3MB)
Arborist Report (pdf, 866KB)
Traffic Report (pdf, 2MB)
Waste Management Plan (pdf, 70KB)