Application for amended permit at 170-174 Highbury Rd, Mount Waverley

Submissions closed on 20 August 2020, 11:58 PM

Update - Refusal

Council has refused an application to amend Planning Permit TPA/40955 pursuant to Section 72 of the Planning and Environmental Act 1987 at 170-174 Highbury Road, Mount Waverley. 

Council sought community feedback and received two objections.

At its meeting on Tuesday 29 September 2020, Council considered key issues such as internal amenity for proposed and existing apartments whose layouts are varied, potential external amenity impacts from varied setbacks and window/balcony locations, and potential traffic impacts from the additional car spaces proposed within the basement, as part of its decision-making process. 

Please view the report that Council considered prior to making its decision: Report to Council meeting on 170-174 Highbury Road, Mount Waverley

Enquiries: Alexandra Wade, Principal Planner, on 9518 3068. 

Proposed amendment 2020

Council sought community feedback on an application to amend Planning Permit TPA/40955 pursuant to Section 72 of the Planning and Environmental Act 1987 at 170-174 Highbury Road, Mount Waverley. 

Feedback was formally sought by Thursday 20 August 2020. 

The application sought to amend the plans as follows:

  • Increase in the number of residential apartments from 11 to 14 (increase of 3) and reconfiguration of approved apartments
  • Variation of setbacks at the second floor to reflect apartment layout changes
  • Addition of three (3) residential car spaces, and reconfiguration of car parking allocation within the basement
  • Alterations to elevations to reflect the reconfiguration of apartments

Planning documents

Here are the documents that were submitted by the applicant:

Application Form(PDF, 1MB)

Certificate of Title(PDF, 355KB)

Copy of Planning Permit(PDF, 5MB)

Covering Letter(PDF, 387KB)

Amended Plans(PDF, 21MB)

Clause 55 Assessment(PDF, 245KB)

Parking Management Plan(PDF, 216KB)

Sample Energy Reports(PDF, 5MB)

Sustainability Management Plan(PDF, 5MB)

VCAT appeal 2019

A Planning Permit was issued on 11 October 2013 (TPA/40955) for the construction of a two-storey building for the use of a medical centre and child care centre at 170-174 Highbury Road, Mount Waverley.

Subsequent amendments were approved by the Victorian Civil and Administrative Tribunal in 2017 to the Planning Permit which permitted a three-storey building for the use of a child care centre, medical centre and residential apartments.

In July 2019, the permit-holder lodged a Section 87A Amendment, which is an application that is lodged directly with VCAT.

The proposal sought to amend the endorsed plans as follows:

  • Overall building height increased from 11.428m to 13.728m (measured to the top of the lift overrun)
  • Modification of second floor layout to add an additional one bedroom dwelling. Setbacks are proposed to be reduced to the northern (Highbury Road) and eastern boundaries
  • Addition of one car space to the basement, to be allocated to the additional dwelling
  • Addition of a rooftop play space associated with the child care centre including stair and lift access, store room, 2m-high fencing and shade sails
  • Relocation of plant equipment and exhaust flues, and associated metal fencing
  • Internal reconfiguration including the addition of a second staircase for staff and emergencies (running between the basement and level 1), resulting in changes to car parking layout and ground and first floor configurations.

At its meeting on Tuesday 27 August 2019, Council decided that if it were in the position to make a decision on the application, it would support the amended application. 

Following a one-day VCAT hearing on Wednesday 27 November 2019, VCAT determined that a Permit be issued subject to conditions.

To find out more, read the VCAT decision: 170-174 Highbury Road, Mount Waverley(DOCX, 51KB)

You can also view Council's decision here: Council Report on 170-174 Highbury Road, Mount Waverley(PDF, 494KB)

A copy of the amended plans, the previously endorsed plans and the Planning Permit can be found below:

Title(PDF, 46KB)

Covering Letter(PDF, 375KB)

Current Planning Permit(PDF, 5MB)

Description of Amendments(PDF, 379KB)

Plans(PDF, 2MB)

Previously Endorsed Plans(PDF, 3MB)

VCAT Application Form(PDF, 360KB)

VCAT Order 11 June(DOCX, 113KB)

VCAT Order 26 July(DOCX, 34KB)

Enquiries: Alexandra Wade, Principal Planner, on 9518 3068.

VCAT appeal 2017

On Wednesday 1 November 2017, VCAT set aside Council’s decision to reject an amended permit application for 170-174 Highbury Road (Mount Waverley) following a hearing on 17 July 2017.

VCAT approved an amended planning permit, subject to conditions.

The amended permit allowed for the development of a three-storey building with basement car parking and use for a medical centre (up to 17 practitioners), a child care centre (up to 144 children), a cafe and dwellings and alteration of access to a road zone.

VCAT rejected the proposed fourth storey as part of the amendment permit, which would have added 10 dwellings to the development.

Please view the full decision here: VCAT decision on 170-174 Highbury Road, Mount Waverley(DOC, 120KB)

Please see VCAT's notice of correction which was issued due to an incorrect date in the original order: VCAT notice of correction on 170-174 Highbury Road, Mount Waverley(DOC, 46KB)


At its January 2017 meeting, Council refused to grant an amended permit to ;the developer of 170-174 Highbury Road (Mount Waverley) to allow for a fourth storey to be added to the proposed development.

Council refused the amended development proposal on several grounds, including scale, traffic impact, adequacy of car parking, and the detrimental impacts it would have had on the amenity of the surrounding land. This is the site where a landslip occurred in mid-2015.

The developer of 170-174 Highbury Road Mount Waverley lodged an appeal with VCAT against Council’s decision.

Council strongly argued against the amended plans at the VCAT hearings. 

About the proposal

Council sought community feedback on the proposal and received 28 objections. 

The developer was seeking to add a fourth storey to the development. The original permit provides for a three-storey building with basement car parking, and use for a medical centre, child care centre, café and dwellings.

The application proposed:

  • provision of a fourth level to the development comprising of an additional 10 apartments
  • modification to building setbacks
  • modification to the internal layout of the development
  • modified vehicle access to the development
  • variation to the child care component of the approval

Please find below the application documents that were submitted by the applicant:

Application to Amend Planning Permit(PDF, 2MB)

Letter from Applicant(PDF, 70KB)

Planning Report(PDF, 1MB)

List of Changes(PDF, 141KB)

Memorandum - Biles Report(PDF, 132KB)

Landscape - Letter(PDF, 89KB)

Landscape - Plan(PDF, 4MB)

Development Plans(PDF, 1MB)

Extra survey info and perspective block images(PDF, 2MB)

Shadow Diagrams(PDF, 1MB)

Traffic Report(PDF, 3MB)

Waste Management Plan(PDF, 1MB)


170-174 Highbury Road, Mount Waverley 3149  View Map

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