In January 2017, Council opposed an application for a three storey aged care facility at 35-39 Regent Street (Mt Waverley). Council believes the proposal would have detrimental impacts on the environment and the amenity of the surrounding land.
Council had several other grounds for concern including the building mass, bulk and scale, as well as the appropriateness of the use and traffic impact.
The applicant Japara Property Holdings has lodged an appeal to the Victorian Civil and Administrative Tribunal (VCAT). VCAT will now decide whether the proposal goes ahead. The VCAT hearing is scheduled to occur over four days, beginning 26 April 2017 (see VCAT timetable).
Council will argue a strong case against the application at the hearing, taking into consideration the 160 community submissions opposing the proposal. Maddocks solicitors will represent Council at VCAT.
For more information, see the report which Council considered before making its decision: Report to Council meeting on 35-39 Regent Street (Mt Waverley) (PDF, 818KB)
Enquiries: James Heitmann, Principal Planner, on 9518 3628.
The applicant has lodged amended plans with VCAT which they would like VCAT to consider as part of its decision-making.
The key changes in the amended plans are:
- Modified development setbacks to all boundaries
- Reduction in room numbers
- Provision of additional landscaping adjacent to Valley Reserve.
Further details of the amendments that have been 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, 2MB)
VCAT - Amended Plans (PDF, 22MB)
A hard copy of the amended plans is also available to view at the Monash Civic Centre (293 Springvale Rd, Glen Waverley), during business hours (8.15am-5pm Monday-Friday).
VCAT has 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.
Maddocks solicitors will continue to represent Council in this matter. Prior to the VCAT hearing, Council will consider whether these amendments address our concerns regarding the proposal. In the meantime, Council’s position is that the proposal should be refused.
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 Monday 3 April 2017. Here is the form you can download and fill in:
VCAT- Statement of Grounds (PDF, 1MB)
A copy of the Statements of Grounds (including an amended Statement of Grounds) must be provided to VCAT, the applicant (Planning & Property Partners) and the responsible authority (Monash Council).
About the original proposal
The application, from Japara Property Holdings Pty Ltd, proposes the construction of a three storey residential aged care facility, comprising:
- 126 aged care suites
- 38 on-site car parking spaces
- removal of vegetation, and
- removal of the drainage and sewerage easement.
Please find below the application documents that were submitted by the applicant:
Planning Permit Application (PDF, 3MB)
Planning Report (PDF, 4MB)
Lodge of Appeal with VCAT (PDF, 1MB)
VCAT Order (PDF, 2MB)
Feature and Level Survey Plan (PDF, 813KB)
Additional Architectural Material - part 1 (PDF, 6MB)
Additional Architectural Material - part 2 (PDF, 21MB)
Additional Architectural Material - part 3 (PDF, 918KB)
Cultural Heritage Due Diligence (PDF, 2MB)
Arboricultural Assessment (PDF, 5MB)
Arboricultural Addendum (PDF, 134KB)
Sustainable Management Plan (PDF, 1MB)
Transport Impact Assessment (PDF, 2MB)
Waste Management Plan (PDF, 740KB)
Published on 22 November 2016.
In addition to the plans provided above, which were provided to the Council by the permit applicant on 17 October 2016, other plans previously provided to Council as part of the application are now available, as follows:
- Neighbourhood and site description
- 3 shadowing diagrams
- A number of part plans of the floors and elevations, studies and perspectives.
With the exception of the shadowing diagrams, these additional drawings do not provide any new information relating to the application, but rather provide the same information previously provided in a different format – at a larger scale, in colour or the like.
Neighbourhood and Site Context Plan, Existing Conditions and Demolition Plan, and Design Response (Roof Plan) (PDF, 2MB)
Ground Floor, First Floor, Second Floor and Roof Plans (PDF, 8MB)
Elevation Plans (PDF, 1MB)
Shadow Diagrams (PDF, 3MB)
Section Diagrams (PDF, 11MB)
Perspective View (PDF, 5MB)
Materials and Finishes (PDF, 250KB)
Published on 24 November 2016:
Landscape Planning Submission (PDF, 7MB)
VCAT has set down the following timetable by which they will consider this appeal:
By no later than
Action / hearing
3 November 2016
Permit Applicant is to ‘give notice’ of the application to surrounding land owners and/or occupiers
21 November 2016
Closing date for objectors to lodge a Statement of Grounds (objections) with VCAT and to serve a copy on the Permit Applicant and Council
25 November 2016
Practice Day Hearing at VCAT. The purpose of this hearing will be for VCAT to hear and decide how this appeal will run and any other matters.
22 February 2017
Compulsory Conference at VCAT. The purpose of this conference will be to see if any areas of concern or objection can be mediated between the parties who are a party to the appeal.
26 April 2017
Merits hearing at VCAT. VCAT have set aside 4 days from 26 April 2017 to hear this matter.