Update - VCAT decision
The Victorian Civil and Administrative Tribunal (VCAT) has upheld Council's decision to refuse an application for the construction of a building of up to 10 storeys (plus basements) at 445-467 Blackburn Road, Mount Waverley.
The proposed development comprised of dwellings, retirement village, child care centre, hotel (with ancillary restaurant, conference and wellbeing centre) and associated car parking.
VCAT affirmed Council's position that the building scale was excessive given the context and did not respond to built form and landscaping policy applicable to the land. The proposed buildings did not provide for sufficient setback to Blackburn Road, landscaping opportunity, appropriate building height or massing breaks having regard to the surrounding neighbourhood.
View VCAT's full decision here: VCAT decision on 445-467 Blackburn Road, Mount Waverley (docx, 1MB) .
Enquiries: James Heitmann, Principal Planner, on 9518 3628.
A developer appealed to VCAT after Council refused a proposal in January 2018 for a 10 storey building comprising hotel, retirement village, child care centre, medical centre and food and drink premises, at 445-467 Blackburn Road, Mount Waverley.
Following a VCAT Compulsory Conference on Tuesday 3 July 2018, the applicant lodged amended plans with VCAT. The amended plans were considered by VCAT at a four-day Merits Hearing which commenced on Monday 20 August 2018. The amended plans, statement of changes and other supporting documents are available below.
Summary of the key changes to the proposal:
- Deletion of 47 apartments
- Provision of 15 townhouses (previously 10 townhouses)
- Provision of 86 hotel rooms (previously 120 hotel rooms)
- Provision of 8 serviced apartments (unchanged)
- Provision of 108 independent living units/over 55s retirement living (previously 60 independent living units)
- Provision of 246 on-site car spaces (previously 135) including an additional level of basement car parking
- Childcare centre relocated to level 3 (previously located on level 4)
- Modification to the layout of the development
- Modification to the proposed facade treatment and facade detailing.
Here are the documents that have been submitted as part of the amended plans:
Statement of Changes (pdf, 313KB)
Notice of Amendment (pdf, 234KB)
Amended Plans (pdf, 50MB)
Additional Information (pdf, 3MB)
Council sought community feedback on the proposal and received 23 objections.
At its meeting on Tuesday 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 is not consistent with the objectives, strategies and urban design principles of Clause 15.01 of the Monash Planning Scheme
- The proposal is out of character with the existing development in the surrounding area
- The proposed scale and form of the development is excessive and unjustified
- The proposal would have a poor level of internal amenity for future residents
- The proposal would have a detrimental impact on the amenity of surrounding land
- The proposal is considered an overdevelopment of the land
- The proposal does not provide for sufficient car parking
- The application does not provide for sufficient bicycle facilities
- The proposed land use is inadequately justified and inappropriate having regard to the proper and orderly planning of the area
- The proposal does not satisfy the requirements of VicRoads.
For more information, see the report which Council considered before making its decision: Report to Council meeting on 445-467 Blackburn Road, Mount Waverley (pdf, 704KB)
About the proposal
The land at 445-467 Blackburn Road, Mount Waverley, is currently occupied by the Bruce County Hotel and Conference Centre. The proposed development site is located close to the Pinewood Shopping Centre. The proposal included demolition of the existing hotel.
The applicant, Bc Mount Waverley Project Pty Ltd, proposed a development that includes:
- Demolition of the existing hotel
- Construction of a mixed use building comprising a total of 120 hotel rooms, 10 townhouses, 47 residential apartments, 8 serviced apartments, child care centre with maximum 140 children, allied health facility/ medical centre with 12 practitioners, 60 independent living units - retirement village, food and drink premises and a convenience shop
- A total of 135 car parking spaces to be provided within one basement level
- Vehicle access to the new development via a new vehicle crossing in Lemont Avenue.
Here are documents that have been submitted by the applicant:
Application for a Planning Permit (pdf, 558KB)
Planning Report: Urban Context Report and Design Response (pdf, 2MB)
Plans: part 1 (Location, Site Analysis, Site Plan, Demolition/Surveying) (pdf, 8MB)
Plans: part 2 (Floor Plans) (pdf, 9MB)
Plans: part 3 (Elevations, Typical Apartments, Shadow Diagrams) (pdf, 7MB)
Plans: part 4 (Artist Impressions) (pdf, 8MB)
Landscape Plan (pdf, 3MB)
Arboricultural Assessment (pdf, 5MB)
Sustainability Management Plan (pdf, 6MB)
Traffic Report (pdf, 1MB)
Certificate of Title (pdf, 3MB)