Update - VCAT decision
After the additional days of hearing on 20 and 21 September 2022 regarding the amended plans submitted for the land at 409 Clayton Road, Clayton, the tribunal issued its direction on 18 November 2022 that no permit is to be granted for the proposed development.
For more information, please refer to VCAT Decision(PDF, 120KB)
Update - 2022
An application was made to VCAT against Council’s refusal to issue a planning permit for proposed development. A merits hearing occurred on 26, 29 & 30 November 2021.
Following the merit hearing, the Tribunal issued an order on 18 March 2022. The Tribunal determined that the proposed development should not be approved in its current form. However, has provided the applicant with the opportunity to prepare amended plans showing modifications to the building to ensure that, at 2.00pm at the equinox, the development will not cast shadows to within 4m of the property boundary of sites on the eastern side of Clayton Road.
The Tribunal has determined that the proposed vehicle access and car parking is acceptable.
The subsequent order was issued by the Tribunal on 4 April 2022 requiring the Applicant to provide amended plans to the Tribunal and all parties showing the modifications detailed in the Tribunal’s order dated 18 March 2022 by no later than 27 May 2022.
The Applicant submitted amended plans in response to the VCAT order to demonstrate a modified design response to the proposed development, to ensure the development will not cast shadows to within 4m of the property boundary of the sites on the eastern side of Clayton Road at 2pm on the equinox.
The amended plans show that two apartments at the north-eastern corner of the building are removed from level 9 and above, the communal open space area is relocated from level 3 to level 9 and other minor internal rearrangement within the building.
The plans have also incorporate the modifications to the canopy and podium in accordance with the urban design evidence.
In general, Officers recommend that Council's position remains unchanged, and has advised VCAT accordingly.
After considering the submissions of both parties, the Tribunal issued an order on 5 July 2022. The order requires an additional day of hearing on 20 September 2022. Both parties are allowed to circulate expert evidence prior to the hearing day.
Please find below the application documents that were submitted by the applicant:
VCAT Order - 18 March 2022(PDF, 212KB)
VCAT Order - 4 April 2022(PDF, 74KB)
VCAT Order - 5 July 2022(PDF, 88KB)
Amended Plans in response to VCAT Order(PDF, 19MB)
Landscape Plan(PDF, 4MB)
Renders(PDF, 34MB)
Development Schedule(PDF, 96KB)
Statement of Changes(PDF, 159KB)
VCAT Amended Plans - October 2021
Amended plans were circulated as part of the developer's appeal to the Victorian Civil and Administrative Tribunal (VCAT) on a proposal at 409 Clayton Road, Clayton.
These plans will be considered at the VCAT hearing.
The key changes in the amended plans are:
- Building height reduced from 62.1m (17-storey) to 52m (14-storey)
- Street wall height reduced from 20m (4-storey) to 13.2m (3-storey)
- Ground level setback to Clayton Road reduced from 3.7m to 3m
- Level 1 setback to Clayton Road reduced from 3.7m to 0.9m
- Levels 2 and above setbacks to the northern and western boundaries increased to minimum 4.5m
- Basement level: Increased number of car parking spaces from 44 to 68
- Ground level: A total of 862m2 of retail premises
- First level: A total of 746m2 of offices
- Level 2: deletion of office spaces and replaced with 10 apartments
- Levels 3 to 13: A total of 132 apartments
- Total number of apartments reduced from 152 to 142
- Level 4 communal space deleted
- A total of car parking spaces on site including:
- 142 spaces for apartment
- 22 spaces for retail premises & offices
- The amended proposal seeks to reduce the car parking requirement by 30 car spaces (for retail premises and offices).
Council’s position on this amended proposal remains unchanged. Council will argue against the proposed development plan at the VCAT hearing.
Please find below the application documents that were submitted by the applicant:
Form A - Notice of an amendment of an application(PDF, 95KB)
Amended Plan (Architectural set)(PDF, 70MB)
Amended Plan (Including previous envelope)(PDF, 31MB)
Development schedule(PDF, 89KB)
Finishes schedule(PDF, 555KB)
Landscape plan(PDF, 4MB)
Statement of changes(PDF, 98KB)
If you would like to become a party to the VCAT appeal, you will need to complete a Statement of Grounds Form via VCAT’s website: Statement of Grounds Planning
Statement of Grounds were due by Monday 15 November 2021.
Enquiries: Jeanny Lui, Principal Planner, on 9518 3494.
Update - Refusal and VCAT appeal
In May 2021, Council refused an application for the development of a 17-storey high mixed-use building to be used as retail, offices and apartments at 409 Clayton Road, Clayton.
Council sought community feedback on the proposal and received 11 objections.
To find out more, please see the report Council considered prior to making its decision: Report to Council meeting on 409 Clayton Road, Clayton(PDF, 614KB)
The applicant has appealed to the Victorian Civil and Administrative Tribunal (VCAT) against Council's decision. A Compulsory Conference has been scheduled for 22 September 2021 and a 5-day hearing will take place from 26 November 2021.
Background
Council sought community feedback on the proposed development of a 17-storey high mixed-use building to be used as retail, offices and apartments, at 409 Clayton Road, Clayton.
Feedback was formally sought by Monday 15 March 2021.
The applicant, The Trustee for 409 Clayton Group Trust, proposed a $67.5 million development which is detailed as follows:
- Development of the land for a 17-storey building with 1 level of basement
- Ground level and level 1: A total of 1,479m2 of retail premises
- Levels 2 and 3: A total of 1,197m2 of offices
- Levels 4 to 17: A total of 152 residential apartments including 13 apartments for affordable/social housing
- A total of 196 car parking spaces on site including:
- 153 spaces for apartments
- 13 spaces for retail premises
- 30 spaces for offices
- The proposal seeks to reduce the parking requirement by 43 car parking spaces (38 spaces for retail premises and 5 spaces for office)
- Vehicle access is via Centre Road
- Maximum building height of 62.13m
Planning documents
Here are the documents that were submitted by the applicant:
Architectural Plans(PDF, 44MB)
Development Schedule(PDF, 91KB)
External Finishes Schedule(PDF, 460KB)
Town Planning Report(PDF, 5MB)
Transport Impact Assessment(PDF, 3MB)
Sustainable Management Plan(PDF, 3MB)
Waste Management Plan(PDF, 3MB)
Certificate of Title(PDF, 75KB)
Affordable Housing Report(PDF, 1MB)
Economic Analysis(PDF, 10MB)
Green Travel Plan(PDF, 2MB)
Letter of Support from Women's Housing Limited(PDF, 1MB)
Remediation Advice(PDF, 259KB)