Regent Street Aged Care Proposal

Application approved by VCAT 17 July 2017

A planning permit has been granted by the Victorian Civil and Administrative Tribunal (VCAT) for a three storey aged care facility at 35-39 Regent Street, Mt Waverley.

The original plans for this site featured the construction of an aged care facility, comprising 126 aged care suites, 38 on-site car parking spaces, the removal of vegetation and the removal of the drainage and sewerage easement. 

Developer Japara Property Holdings Pty Ltd appealed to VCAT because Council did not decide upon the application within the required 60 day timeframe.

Ahead of the hearing, the developer submitted amended plans to VCAT with the key changes including a reduction in room numbers and the provision of additional landscaping adjacent to Valley Reserve.

In July 2017, VCAT approved the amended plans. Council had strongly argued against the proposal, believing it would have detrimental impacts on the environment and the amenity of the surrounding land.

The development was approved subject to conditions, which require a range of modifications to be done to the building. These include increases in the setback of the first and second floors of the building from the boundary with Valley Reserve and adjoining properties, as well as tree protection requirements for large mature trees and additional landscaping.

In its argument, Council took into consideration the 160 community submissions opposing the proposal. It had several other grounds for concern including the building mass, bulk and scale, as well as the appropriateness of the use and traffic impact. However, VCAT did not agree with Council's position. 

Key features of the approved plans are:

  • Modified development setbacks to all boundaries
  • Reduction in room numbers
  • Provision of additional landscaping adjacent to Valley Reserve
  • 38 on-site car parking spaces 
  • Removal of vegetation
  • Removal of the drainage and sewerage easement. 

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 - Statement of Changes (pdf, 2MB)

VCAT - Amended Plans (pdf, 22MB)

Please view the VCAT decision for 35-39 Regent Street, Mount Waverley (doc, 195KB)

Enquiries: James Heitmann, Principal Planner, on 9518 3628.


At its meeting on 31 January 2017, Council resolved that if it were in a position to make a decision on the application , it would determine to refuse the application 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 proposed vegetation removal is inconsistent with Tree Conservation Policy at Clause 22.05 and the decision guidelines of Clause 52.04-4 (Vegetation Protection Overlay) 
  • The proposal is inconsistent with the Monash Housing Strategy 2014
  • The proposal does not adequately satisfy the objectives and design standards of Clause 55 of the Monash Planning Scheme 
  • The proposal is out of character with the existing development in the area in particular with regard to building mass, bulk and scale 
  • The proposal is considered an overdevelopment of the land 
  • The proposal would have a detrimental impact on the amenity of the surrounding land.

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) 

    About the original proposal

    The application, from Japara Property Holdings Pty Ltd, originally proposed 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)

    Other documents

    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)



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