Council received written notification from the Victorian Civil and Administrative Tribunal (VCAT) advising that the applicant for a proposed development at 2263-2267 Dandenong Road (Mulgrave) lodged a failure to determine appeal on Thursday 25 January 2018.
This notification arrived after Council had already determined to refuse the proposal at its meeting on Tuesday 30 January 2018.
This appeal means that VCAT will now be the body that decides whether the proposal goes ahead.
Following a VCAT Compulsory Conference on Tuesday 8 May 2018 , the applicant lodged amended plans with VCAT. The amended plans will be the plans considered by VCAT at the upcoming Merits Hearing scheduled to commence on Monday 25 June 2018. The amended plans, statement of changes and other supporting documents are available below.
Enquiries: Sue Monagle, Principal Planner, on 9518 3068.
Here are the documents that have been submitted as part of the amended plans:
Notice of Amended Application (pdf, 30KB)
Amended Plans (pdf, 15MB)
Shadow Diagrams (pdf, 2MB)
Statement of Changes (pdf, 94KB)
Lodging an amended/new Statement of Grounds
All existing Statements of Grounds will be considered by VCAT as part of its assessment of the amended plans. Existing parties to the matter may amend their existing Statement of Grounds. There is no obligation to lodge an amended Statement of Grounds unless a party wishes to modify the issues raised previously with VCAT. Any other person (including new or additional parties to the matter) may lodge a Statement of Grounds with VCAT.
Amended or new Statement of Grounds must be lodged by Thursday 14 June 2018. Here is the form you can download and fill in:
Statement of Grounds (pdf, 33KB)
A copy of the Statement of Grounds must also be provided to Monash Council (the responsible authority) and the applicant's representative.
In January 2018, Council refused a proposal for a 3-4 storey apartment building and 2-3 storey townhouses at 2263-2267 Dandenong Road, Mulgrave.
In total, 93 apartments and townhouses were proposed. The site is located on the northern side of Dandenong Road, with frontages to both Dandenong Road and Albert Crescent. The site is currently occupied by a double storey building used for a church and a single storey dwelling.
Council had sought community feedback on the proposal and received 15 objections.
At its meeting on 30 January 2018, Council resolved to issue a Notice of Decision to Refuse to Grant a Planning Permit on the following grounds:
- The proposal is inconsistent with the Residential Development Policy and Residential Development and Character Policy at Clauses 21.04 and 22.01 of the Monash Planning Scheme
- 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, Overlooking and front setback
- The proposal is out of character with the existing development in the area, in particular with regard to street setback, mass, bulk and scale
- The proposal would have detrimental impact on the amenity of adjoining residential properties in relation to visual bulk and overlooking
- The proposal does not satisfy the car parking requirements of Clause 52.06 of the Monash Planning Scheme.
For more information, see the report which Council considered before making its decision: Report to Council meeting on 2263-2267 Dandenong Road, Mulgrave (pdf, 563KB)
About the proposal
The applicant, Auscoe Investment Group Pty Ltd, proposed an $18 million development that includes:
- Development of 93 dwellings, comprising
- 4 two storey and 6 three storey townhouses
- 83 apartments, including a mix of 15 one bedroom, 63 two bedroom and 5 three bedroom apartments
- A total of 119 on site car spaces with most spaces provided within a basement car park
- All vehicle access to the new development will be from Albert Crescent.
Here are documents that have been submitted by the applicant:
Application for Planning Permit (pdf, 1MB)
Architectural Plans (pdf, 40MB)
Arborist Report (pdf, 236KB)
Landscape Plan (pdf, 8MB)
Town Planning Report (pdf, 3MB)
Sustainability Report (pdf, 12MB)
Traffic Report (pdf, 4MB)
Waste Management Plan (pdf, 489KB)
Title (pdf, 2MB)