Victorian Civil and Administrative Tribunal|2019-08-19|Before: Mr J, Ms J, For P

For the reasons given above, we conclude that the proposal largley represents an acceptable planning outcome, subject to conditions. Where we are not satisfied is in respect of the provision made for the indicative pedestrian link and the western extent of the Malvern Road façade interface.
In relation to the link, we consider that the 2.5 metre setback on the south side of the car park structure is unacceptable both in its dimension and its access to sunlight. We will allow the applicant to prepare amended plans to include a 3.2 metre setback of the car park from the northern boundary (being the common boundary with No. 101 Bendigo Street) to provide the opportunity for a future pedestrian link.
The applicant is also provided with the opportunity to amend the plans and elevations to show construction to the western boundary at ground, Level 1 and Level 2 to a depth equivalent to the boundary wall of No. 308 Malvern Road.
If the applicant does not wish to amend the design to address these two matters, we will refuse a permit. Alternatively, if the applicant does wish to take the opportunity to prepare amended plans, we will issue further directions, which will include providing the opportunity for further submissions responding to the amended plans.

[1] Pursuant to clause 43.03, a permit must not be granted to use or subdivide land, construct a building or construct or carry out works until an incorporated plan has been incorporated into the Planning Scheme. This does not apply if a schedule to the overlay specifically states that a permit may be granted before an incorporated plan has been incorporated into the Planning Scheme. Clause 1 of Schedule 1 to the IPO (Institutional Uses) states that a permit may be granted to use or subdivide land, construct a building or construct or carry out works before an incorporated plan has been incorporated into the Planning Scheme.

[2] The site is referred to as 'Victoria House' in clause 22.16.

[3] The submissions and evidence of the parties, any supporting exhibits given at the hearing and the statements of grounds filed have all been considered in the determination of the proceeding. In accordance with the practice of the Tribunal, not all of this material will be cited or referred to in these reasons.

[4] The term 'response site' is not defined in the ACZ1 provisions. The Chapel Street Activity Centre, Chapel re-Vision Discussion Paper (7 September 2015) states "Response sites are defined as sites which offer the opportunity to provide a positive response as the area undergoes transition to higher density. The response is usually associated with a net public benefit associated with the increased development capacity under the new zoning. This may include a new pedestrian link, footpath widening etc."

[5] Victoria House Nominees v Stonnington CC [2016] VCAT 2

[6] Department of Health and Human Services, 28 July 2016

[7] We note that the adjoining development to the south has habitable room windows on both levels which face this setback area.

[10] C&L International Holdings Pty Ltd v Stonnington CC [2019] VCAT 69; Chapel Plaza Pty Ltd v Stonnington CC [2015] VCAT 1730; Bensons Group Pty Ltd v Stonnington CC [2017] VCAT 2155; Headland Properties Pty Ltd v Stonnington CC [2018] VCAT 41; SMA Projects v Stonnington CC [2018] VCAT 1428; Victoria House Nominees v Stonnington CC [2016] VCAT 2;

[12] The evidence identifies a two-way peak hour volume in Malvern Road west of Bendigo Street of 1493 vehicles/hour in the morning peak and 1387 vehicles/hour in the evening peak.

Environment Act 1987

Civil and Administrative Tribunal Act 1998

Legislation Act 1984

Healthscope Operations Pty Ltd v Stonnington CC [2019] VCAT 1155 (19 August 2019)

Healthscope Operations Pty Ltd v Stonnington CC [2019] VCAT 1155

At a glance

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Judgment (12 paragraphs)

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Legislation Cited (3)

Cases Cited (1)

Healthscope Operations Pty Ltd v Stonnington CC [2019] VCAT 1155 (19 August 2019)