The Victorian Civil and Administrative Tribunal (VCAT) has sided with Council and has refused a permit for a 4 to 8 storey mixed-use development at 554-558 High Street Road (Mount Waverley).
The applicant appealed to VCAT because Council did not decide upon the application within the required 60 day timeframe.
At its July meeting, Council resolved that if it were in a position to make a decision on the original application, it would determine to refuse the application. Council had sought community feedback on the proposal and received 35 objections, as well as one petition comprising of 30 signatories.
Ahead of the hearing, the developer lodged amended plans for VCAT to consider as part of its decision making.
The VCAT Merits Hearing took place over four days, starting on Monday 2 October 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 and Residential Development and Character Policy at Clauses 21.04 and 22.01 of the Monash Planning Scheme
- The proposal is inconsistent with the Monash Housing Strategy 2014
- The proposal is out of character with the existing development in the area in particular with regard to design detail, building mass, bulk and scale
- The proposal is considered an overdevelopment of the land
- The proposal would have a poor level of internal amenity for future residents
- The application does not provide for sufficient car parking
- The proposal would have a detrimental impact on the amenity of surrounding land.
Please view the VCAT decision for 554-558 High Street Road, Mount Waverley. (pdf, 743KB)
Enquiries: James Heitmann, Principal Planner, on 9518 3628.
The developer lodged amended plans with VCAT ahead of the hearing. The changes proposed in the amended plans was modification to finished floor levels to address Melbourne Water requirements, the removal of one lift, modification to internal layout of apartments, and provision of ventilated skylights to eight apartments to increase cross ventilation.
The key changes in the amended plans are:
- Updated levels to address Melbourne Water flooding requirements
- Modification to the internal layout
- Changed floor to floor height throughout to provide higher internal amenity. Overall building height remains the same
- Modification to the residential entrance
- Stepped canopy over entrance
- Removal of one lift to lighten power loads to the building
- Additional sun shading on the northern facade
- Addition of a communal herb garden
- Ventilated skylights to 8 apartments to increase cross ventilation
- Addition of a communal roof terrace at level 03.
- Added Rain gardens along the southern3 boundary to improve storm water rating
- Addition of solar panels to supply power to communal areas
- The width of the canopy has been updated from 2150mm to 2695mm.
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 Notice of Amendment (pdf, 33KB)
VCAT Statement of Changes (pdf, 27KB)
VCAT Amended Plans (pdf, 67MB)
About the original proposal
Council had sought community feedback on the proposal and received 35 objections, as well as one petition comprising of 30 signatories.
At its meeting on 25 July 2017, Council resolved that if it were in a position to make a decision on the application, it would determine to refuse the application.
For more information, see the report which Council considered before making its decision: Report to Council meeting on 554-558 High Street Road, Mount Waverley (pdf, 552KB)
The applicant, Pace Development Group Pty Ltd, proposed a $20 million development that includes:
- 90 apartments (6 three bedroom, 56 two bedroom and 28 one bedroom apartments)
- 106 on-site car spaces within basement car parking
- Use of land for a convenience shop, medical centre, and food and drink premises (cafe)
- Alteration and creation of access to a Road Zone (vehicle access from High Street Road)
- A lesser number of car parks than is required under the planning scheme
- Waiver of the requirement to have loading bays.
Here are the documents that have been submitted by the applicant:
Planning Application Form (pdf, 320KB)
Planning Report (pdf, 3MB)
Plans part 1 - Design Reponse (pdf, 11MB)
Plans part 2 - Finishes and Perspective (pdf, 619KB)
Plans part 3 - Site Plans (pdf, 21MB)
Plans part 4 - Typologies (pdf, 2MB)
Plans part 5 - Elevations and Sections (pdf, 7MB)
Plans part 6 - Shadow Diagrams (pdf, 5MB)
Title - 554 High St Rd (pdf, 204KB)
Title - 556 High St Rd (pdf, 132KB)
Sustainability Management Plan (pdf, 3MB)
Waste Management Plan (pdf, 298KB)
Traffic Report (pdf, 4MB)