Update - VCAT decision
A developer appealed to the Victorian Civil and Administrative Tribunal (VCAT) against conditions Council placed on a permit for a multi-storey mixed-use development at 50 Montclair Avenue, Glen Waverley.
The conditions that were appealed related to modifications to the building height, facade detailing, setbacks and the location of a pedestrian accessway.
The proposal was for the construction of a 13-storey building with a maximum height of 43m. The preferred height character for this precinct is for an 8-10 storey or 29-36m-high building.
At the hearing, VCAT accepted Council's argument that the building was too high at 43m, but determined that the height should only be lowered to 37.5m to the top of the parapet.
The deletion of height is to be achieved over Level 5 to 10 of the building which is the main repetitive tower form.
VCAT also supported other condition amendments, which can be seen in the full VCAT decision below.
VCAT decision on 50 Montclair Avenue, Glen Waverley(DOCX, 905KB)
Background
Council has approved a plan for a multi-storey mixed-use development at 50 Montclair Avenue, Glen Waverley.
The development was initially proposed to be 13 storeys tall with a height of 43m, however Council has approved the plans subject to a reduction in height to 33.7m.
The developer has lodged an appeal with the Victorian Civil and Administrative Tribunal (VCAT) against a number of permit conditions, including Condition 1A, which required that the building be reduced in height.
A Practice Day Hearing has been scheduled for Wednesday 18 October 2017. A Merits Hearing is scheduled for Thursday 15 March 2018.
The development will comprise of restaurants, offices and residential apartments. It will also include 4 basement levels to be used for underground residential car parking.
At its meeting on 27 June 2017, Council resolved to issue a Notice of Decision to Grant a Planning Permit, subject to more than 30 conditions.
Council sought community feedback on the proposal and received 6 objections.
Before the development starts, three copies of amended plans drawn to scale and dimensioned must be submitted to and approved by Council.
The submitted plans must clearly portray and highlight the changes. Once approved, the plans will be endorsed and will form part of the permit.
Below are some of the required modifications:
- Ground and first floor levels combined to be not more than 4.5m in height
- Building height reduced from 43m in height to be no higher than 33.7m to the top of the parapet
- A minimum of 35 bicycle parking spaces must be provided onsite, with 8 spaces allocated for residential use, 15 for employee use and 12 for visitors
- Enhancement of the presentation of the building to Montclair Ave from ground floor level through to level three
- Plans should consider redesigning the facade so that support columns are not required for the cantilevered second and third-floor levels
- Reallocation of car parking spaces to provide a minimum of 46 onsite car spaces for the residential component of the development
- One car space allocated to each two-bedroom dwelling and two car spaces to each three-bedroom dwelling
- Six car spaces must be allocated to the office use and three car spaces allocated to the restaurant use
Enquiries: Mariela Llopart Principal Planner, on 9518 3224.
Submitted documents
Here are documents that were submitted by the developer:
Planning Report(PDF, 2MB)
Plans(PDF, 25MB)
Title(PDF, 218KB)
Metropolitan Planning Levy Certificate(PDF, 318KB)
Traffic Impact Assessment(PDF, 1MB)
Swept Path Assessment(PDF, 700KB)
Waste Management Plan(PDF, 601KB)
Urban Context Report(PDF, 1MB)