The applicant for a residential development comprising townhouses and apartments ranging in height from 2-5 storeys at 855 Ferntree Gully Road (Wheelers Hill) has withdrawn an appeal it made to the Victorian Civil and Administrative Tribunal (VCAT).
The developer appealed to VCAT because Council did not decide upon the application within the required 60 day timeframe. VCAT had scheduled a Merits Hearing to commence on Wednesday 16 May 2018.
Jells Hill Pty Ltd ATF Jells Hill Unit Trust has written to VCAT to seek leave to withdraw the appeal. In doing so, the applicant advised that "the Applicant has sold the subject land to a third party and no longer has any interest in the proposed development which is the subject of these proceedings."
On Tuesday 27 February 2018, VCAT officially accepted the withdrawal. This means that this proposed development will not proceed and any new proposal to develop the land will need to go through the official process again (with a new planning application lodged with Council).
Please see VCAT's decision on 855 Ferntree Gully Road, Wheelers Hill (doc, 54KB).
Enquiries: Sue Monagle, Principal Planner, on 9518 3068.
Council had sought community feedback on a proposal for a residential development at 855 Ferntree Gully Road (Wheelers Hill) and received 21 objections.
At its 31 October 2017 meeting, Council resolved that if it were in a position to make a decision on the application, it would determine to refuse the application.
Key issuses considered relate to the scale of development, extent of vegetation to be removed, traffic and car parking, and non-compliance with Schedule 5 to the Design and Development Overlay (DD05).
The application was lodged prior to the introduction of Amendment VC110 which introduced a three storey height limit to General Residential Zones and therefore is not required to meet the mandatory height limit of three storeys.
For more information, see the report which Council considered before making its decision: Report to Council meeting on 855 Ferntree Gully Road, Wheelers Hill (pdf, 589KB)
About the proposal
The applicant, Jells Hill Pty Ltd ATF Jells Hill Unit Trust, proposed a $35 million development that includes:
- Construction of 133 dwellings on the site:
- 22 two-three storey townhouses (4 bedrooms and a garage)
- 5 two-five storey apartment buildings (including roof top garden terrace), comprising 111 apartments ranging between 2-4 bedrooms
- A total of 267 on site car spaces with most spaces provided within a basement car park
- Vehicle access from existing crossovers to Jells Road and Ferntree Gully Road
- Removal of vegetation.
This site is located at the north-west corner of Ferntree Gully Road and Jells Road in Wheelers Hill.
Here are documents that were submitted by the applicant:
Application for a Planning Permit (pdf, 143KB)
Planning Report (pdf, 6MB)
Features and Levels (survey plan) (pdf, 827KB)
Subdivision - Proposed Plan (pdf, 74KB)
Landscape Design - sheet 1 (pdf, 3MB)
Landscape Design - sheet 2 (pdf, 6MB)
Landscape Design - Sections (pdf, 1MB)
Trees Removal and Site Plan (pdf, 5MB)
Artist Impression and Materials Schedule (pdf, 5MB)
Apartments - Internal Layouts (pdf, 4MB)
Apartments and Basement Car park (pdf, 13MB)
Streetscape Elevations (pdf, 2MB)
Plans - Townhouses (pdf, 10MB)
Shadow Diagrams (pdf, 14MB)
Arborist Report (pdf, 2MB)
Road Traffic Assessment (pdf, 7MB)
Sustainability Management Plan (pdf, 6MB)
Urban Design Assessment (pdf, 1MB)
Waste Managment Plan (pdf, 99KB)
Certificate of Title - Common Property (pdf, 676KB)
Certificate of Title - Lot 1 (pdf, 1MB)
Certificate of Title - Lot 2 (pdf, 677KB)
Certificate of Title - Lot 3 (pdf, 1MB)