This is what council is recommending for a planning permit at 9-13 Derby Road, Caulfield East. Instead of 15 storeys we are supposed to swallow 12 storeys in a heritage precinct surrounded by 1 and 2 storey significant heritage buildings. This is the second application by this developer. The first was for 18 storeys and 158 student accommodation cubby holes. It was rejected by both council and VCAT. So we now have this new attempt for 15 storeys and 49 short term accommodation units. Council’s ‘solution’ is to lop off 3 storeys and reduce the number of units.

What is particularly disturbing about the accompanying officer’s report is the failure to fully acknowledge the comments made in the original VCAT decision PLUS the fact that council’s own urban planning advice together with the Planning Scheme requirements of the Phoenix Precinct are totally ignored. The only detail we get for the proposed southern setbacks is this vague sentence –

Setbacks have also been provided from the southern boundary to allow for future development of the adjoining site to the south. 

The report also relies heavily on a throwaway line in the 2017 VCAT judgement that a 10-14 storey development MIGHT be appropriate for the western site. This of course raises the issue of why council is determining applications on the basis of what VCAT MIGHT SAY, or what it has stated in the past. Planning decisions are meant to be determined on an individual case basis and NOT what might happen at VCAT!

More infuriating is that readers are not told that the member repeatedly stated that heritage and the low rise surrounding buildings should be the focal point of any proposal. More importantly we are not told that when council attended the 2017 VCAT hearing, their position at that time was (and we quote from the judgement) – The council felt something in the order of ten to twelve storeys would be acceptable provided that the tallest part of a new building above the existing level is located towards the rear of the site. (para.58) 

Thus over a year ago, council was prepared to accept a 12 storey building in its heritage area. Nothing has changed then. We are simply provided with a fait accompli.

Readers might be interested in the following statements from the 2017 VCAT decision. The full decision is available at – http://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VCAT/2017/1768.html 

A predominantly Edwardian shopping centre associated with the Caulfield Racecourse and having a distinctive urban form determined by its short length and accentuated by a double line of electric tramway. Its architectural significance is established by the diversity of its street architecture and railway station and is enhanced by their substantially intact state.

Council’s Planning Scheme/Phoenix Precinct states:

Encourage development no higher than the predominant existing height in Derby Road  and retain the scale and form of places in the Derby Road heritage overlay area

Encourage the design of new buildings in a contemporary style that respects the height, scale, rhythm of and proportions of the heritage buildings when adjoining buildings are located in a HO (Clause 22.06)

Member’s comments:

Paragraph 78 – While the building complies with the broad objectives of the State Planning Policy Framework and the Phoenix Precinct, we have decided that the building fails because of its height and detailed design execution. We are not persuaded that 18 storeys (or 19 storeys to the rear lane) is the appropriate height. We think that while the heritage fabric along  Derby Road  is of local heritage significance it is sufficiently intact and significant to temper the design response.

We are not persuaded that inclusion of the site within the Phoenix Precinct and its proximity to Caulfield train station are sufficient reasons to entirely disregard the local policy. The Phoenix Precinct is very large and has considerable development capacity. Not every site has to be maximised.

Paragraph 82 – We also think that at the height proposed, the tower will be visually dominant from important vantage points, including the station entry and the rail line itself. We think the building will be very prominent from the station entrance and from vantage points along Sir John Monash Drive, to a much greater extent than envisaged by planning policy.

Paragraph 93 – We are persuaded that the tower is too tall, and would result in an excessively bulky appearance that would be out of balance with the scale of  Derby Road . We are satisfied that with a significant setback from  Derby Road  and subject to an appropriate architectural expression, a tower higher than the existing form should be acceptable but scaled so as to reduce its visual impact from key vantage points.

Paragraph 101& 2 –  We encourage the council to complete the necessary strategic planning/urban design work to provide a coherent framework for decisions on new developments in this area.

  • Until that work is completed, we think a preferred approach to this site is to retain the two storey built form along the Derby road  frontage, a four to five storey podium with the setback to Derby Street increasing with height, and significantly more than the five metres proposed in this application. We think the tallest built form at the western end of the site could be in the order of ten to fourteen storeys, depending on architectural expression.

PS: An explanation is also required as to the following:

1. Council’s online register states that it received the above application on the 30th May, 2018.

2. The Urbis planning report is dated August 2018 AND IT IS FOR A 13 STOREY DEVELOPMENT AND NOT A 15 STOREY DEVELOPMENT AS PRESENTED.

3. Thus why the difference and how much faith can be placed in council’s online register? Or is it simply that there has been an amended permit put in? If so, then this should be highlighted? If not, is it council playing funny buggers with the facts?

We’ve uploaded the following from the August 2018 Urbis report –

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