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Refused Development Plan for 1 Beryl Avenue, Oakleigh South

Submissions closed on 24 July 2019, 12:00 AM

Update - VCAT decision

The Victorian Civil and Administrative Tribunal (VCAT) has upheld Council's decision to refuse a proposed development of 90 townhouses on a former school site in Oakleigh South at 1 Beryl Avenue.

Council has welcomed VCAT’s affirmation of Council's decision following a Merits Hearing held at VCAT between 2-5 March. The decision has just been made public by the Tribunal.

In its decision, VCAT determined:

The minimal separation of the townhouses at ground level is not a satisfactory response to the existing pattern of development in the opposite side of Beryl Avenue, and the wider neighbourhood.
The proposed secluded private open space ‘in front of’ the dwellings facing Beryl Avenue will result in high front fences. This is not consistent with the local policy with respect to neighbourhood character, and is not an acceptable response to the surrounding neighbourhood.
The rear-loaded design also results in the secluded private open space on the south side of the townhouses, where they will be substantially impacted by shadow. The extent of overshadowing to the secluded private open space areas are unacceptable.
The townhouses that have interfaces with the internal road comprised substantially of garage. The dominance of garages provides no opportunities for active or passive surveillance, and result in a poor sense of address for the townhouses.

Please view the full VCAT decision here: 1 Beryl Avenue (52 Golf Road), Oakleigh South(DOCX, 69KB)

View Council's media release here: VCAT upholds Council’s decision to refuse proposed development on former Oakleigh South school site

VCAT Amended Plans - February 2020

Amended plans have been circulated as part of the developer's appeal to the Victorian Civil and Administrative Tribunal (VCAT) on a proposal at 1 Beryl Avenue (52 Golf Road), Oakleigh South, which is the former Oakleigh South Primary School site.

These plans will be considered at the VCAT hearing.

The key changesin the amended plans are:

Total number of townhouses increased from 89 to 90
Dwelling types rearranged to increase two-bedroom townhouses and reduce four-bedroom townhouses
Visitor parking space relocated within the development
Pedestrian access paths between Beryl Avenue and South Lane rearranged
Trees 10, 11, 12 and 28 retained
Internal roadway rearranged
Rainwater tanks added for Townhouse type 04 and 07

Summary of the amended development plan proposal:

20 two-bedroom townhouses
18 three-bedroom townhouses
52 four-bedroom townhouses
Retention of 11 trees
Removal of 44 trees
Total of 172 car parking spaces within the development including 160 car spaces for residents, and 12 visitor car spaces
Central communal open space area located in the centre of the site where two existing mature trees will be retained
Vehicle access via Golf Road
Predominantly double-storey dwellings with some three-storey dwellings located in the middle of the site and along the north-eastern boundary (adjacent the golf club).

Council’s position on this amended proposal remains unchanged. Council will argue against the proposed development plan at the upcoming hearing at VCAT.

The matter has been listed for a four-day Merits Hearing at VCAT, commencing Monday 2 March 2020.

VCAT Hearing Expert Witness Statements

The applicant has circulated the following expert witness material prior to the VCAT hearing commencing Monday 2 March 2020.

Town planning evidence prepared by Ms Amanda Ring(PDF, 817KB)

Landscape architecture evidence prepared by Mr John Patrick(PDF, 16MB)

Arboriculture evidence prepared by Mr Rob Galbraith(PDF, 3MB)

Traffic engineering evidence prepared by Ms Charmaine Dunstan(PDF, 15MB)

The applicant for review will utilise this material and statements by expert witnesses as part of their submission to the VCAT hearing.

Amended planning documents

Here are the documents submitted by the applicant:

Letter to VCAT(PDF, 92KB)

List of Changes(PDF, 156KB)

Statement of Changes(PDF, 156KB)

Arborist Report(PDF, 3MB)

Architectural Plan(PDF, 46MB)

Development Plan - Volume 1(PDF, 167MB)

Development Plan - Volume 2(PDF, 171KB)

Flood Report(PDF, 2MB)

Gap Analysis Review(PDF, 8MB)

Landfill Gas Risk Assessment(PDF, 5MB)

Landscape Plan(PDF, 16MB)

Servicing Report(PDF, 2MB)

Site Development Management Plan(PDF, 720KB)

Stormwater Management Plan(PDF, 2MB)

Survey Plan(PDF, 518KB)

Sustainable Management Plan(PDF, 8MB)

Traffic Management Plan(PDF, 10MB)

Waste Management Plan(PDF, 1MB)

Background

A developer has lodged a Failure to Determine appeal with VCAT on a proposal for a medium-density townhouse development comprising of 89 dwellings ranging in height from 2-3 storeys at 1 Beryl Avenue (52 Golf Road) Oakleigh South.

As its meeting on Tuesday 24 September 2019, Council determined it would not support the submitted Development Plan and will oppose it at an upcoming hearing at VCAT.

Council sought community feedback on the proposal and received a total of 1,493 objections.

Under the Development Plan Overlay, residents do not have the right to appeal to VCAT. Therefore no Statement of Grounds will be accepted.

For more information, see the report which Council considered prior to making its decision: Report to Council meeting on 1 Beryl Avenue, Oakleigh South(PDF, 485KB)

About original the proposal

The applicant, Golf Road Project Development Pty Ltd, proposed a Development Plan that includes:

16 two-bedroom townhouses
18 three-bedroom townhouses
55 four-bedroom townhouses
Retention of 7 trees
Removal of 48 trees
Central communal open space area located in the centre of the site where two existing mature trees will be retained
Vehicle access via Golf Road
Predominantly double-storey dwellings with some three-storey dwellings located in the middle of the site and along the north-eastern boundary (adjacent the golf club).