VCAT has granted a permit for the Centre Road development. It will be 8 storeys and 33 dwellings, plus car parking waivers. The original application was for 9 storeys and 40+ dwellings, but amended plans were submitted following the compulsory conference. PS: correction. Here is the link to the full VCAT decision – http://www.austlii.edu.au/au/cases/vic/VCAT/2016/538.html
These extracts from the decision once again point out the deficiencies in the Glen Eira Planning Scheme. As per usual, any talk of introducing height limits for commercial allotments is far too little and far too late. The horse has bolted! Council had a decade and more to act. It has steadfastly refused to do a single thing! This is now the result!
Some quotes –
The acceptability of the height of this proposal is influenced by the planning scheme’s policy framework as it applies to this locality.
The policy identifies three urban villages in the municipality (Bentleigh, Carnegie and Elsternwick) and no distinction is drawn between them in terms of the role and scale of each centre.
Significantly, there are no height controls applying to the Bentleigh urban village, or to any of the other urban villages.
The policy framework outlined above provides a strong level of support for a building on this site that is higher than the prevailing one and storey scale of development in the centre. The achievement of the Council’s urban village and housing diversity objectives will almost inevitably involve the introduction of buildings into the urban village that have a greater height than the buildings that currently comprise the Bentleigh centre.
In the absence of more detailed built form controls or guidelines than those currently in the planning scheme, our finding that higher buildings can be contemplated where the Commercial 1 Zone abuts the RGZ, does not greatly assist us in forming a view about the acceptability of an eight storey building on a site that has an abuttal to the GRZ and the NRZ.
In these precincts, developments of three to four storeys are emerging on consolidated sites in both the RGZ and the GRZ. That analysis demonstrates that the urban village designation and the associated policies are having a profound impact in changing the built from character of the Bentleigh centre in a manner that is consistent with the objectives of those policies
We commented during the course of the hearing that Clause 55 does not apply to the consideration of a building of 5 or more storeys. Consequently, reliance on Standard B17 is limited to its use as a guide only. In this case compliance with B17 up to level 3 (including the width of the lane) is of some assistance because it is these levels that will have the greatest visual bulk impacts on the immediate neighbours. Above level 3, the additional setback is significant. Having regard to the nature of the interfaces we have described previously, and having regard to the strategic context of the review site, we are satisfied that the interface treatment is acceptable.
We acknowledge that the building will be viewed from the wider residential hinterland to the south. The visibility of the building is not however an impact that is beyond the reasonable expectations that emanate from the Council’s designation of this locality as an urban village and a housing diversity area.
April 7, 2016 at 10:59 PM
I’ve been told that the same developer has put in an application for 7 storeys a few doors down on Centre road. Rumour going around is that he has eyes on other properties in the area. Council should be delighted with all the extra cash coming in from rates.
April 8, 2016 at 11:08 AM
Correct. Here’s the application for 342-44 Centre Road –
Construction of a seven storey building comprising ground floor shop, car parking and 24 dwellings on land adjacent to a Road Zone Category 1, use of the land for accommodation (dwellings), reduction of car parking requirements for the shop and visitors and waiver of loading bay requirements
April 8, 2016 at 8:49 AM
What a farce this process is. I went to VCAT on this one. Itis a signifigant win for the developer. Terms being used at VCAT this is a test case. Council are wasting our money and their time. The lawyer representing council had no points of reference to argue the case. Something has to change. This is a broken process. Council cant contiimue to blame VCAT. Get on board residents and. Attend sessions re policy review and review of zones. Totally fed up with what is or is not happening in Glen Eira. Wow the day East Bentleigh became part of Glen Eira!
April 8, 2016 at 8:56 AM
They will hire more bureaucrats to absorb that extra income, one thing GECC has is good at is sustainable waste
April 8, 2016 at 10:49 AM
One sentence in the judgement is really important I think
“no distinction is drawn between them in terms of the role and scale of each centre”
Bentleigh, Carnegie and Elsternwick are entirely different in terms of transport, size, open space surrounds, and the extent of shopping and heritage. Council has taken the easy way out and slapped on one set of guidelines for the whole lot and thought this was good enough. If they had done the work properly we would have good structure plans for each activity centre that defined things like transport, open space, urban design and other things. Unfortunately this approach would not fit in with council’s idea of what “flexibility” means. It would not provide the “flexibility” that developers continually exploit and which council facilitates.
April 8, 2016 at 11:02 AM
OK – here’s a suggestion – why don’t the many, many, many fed up residents stand outside the town hall as a protest to the crap this council has created – we can make a very strong statement that we have had enough!!!!
April 8, 2016 at 3:13 PM
Not enough people would turn up to make it successful, and the right wingers on council would just go in harder to shut-down more residents rights.
Apathy among Australians for anything other than than making themselves wealthier in the monetary sense of the word is almost impossible to beat.
April 8, 2016 at 6:47 PM
you may be right
April 8, 2016 at 5:05 PM
From the Leader: ‘Glen Eira Council said it isn’t too worried about the potential impact the changes could have…Mayor Jamie Hyams said the council initially had some concerns with the changes to the commercial zones…but he said there would still be a role for council to ensure any development is in keeping with the neighbourhood character. [Jamie said] “But it’s not as if you will get a six-storey building in a row of shops.”‘
Believe him?