5 and 9-13 Stewart Street, Richmond

An application for a 13 storey development in Stewart Street, Richmond, will be considered by the Victorian Civil and Administrative Tribunal (VCAT) in May 2012.

Applicant Mantello Property Investment No1 Pty Ltd appealed to VCAT against Council's failure to determine the application within 60 days. The tribunal has scheduled an eight day hearing into the application which will begin on Monday 14 May 2012. A practice day hearing was held on 16 March.

Council has received about 140 objections to the proposal.

Here is more information on:

Amended plans lodged with VCAT
Evidence associated with the VCAT hearing
Council's position
Background

 

 

Amended plans lodged with VCAT

The applicant has submitted amended plans to the Victorian Civil and Administrative Tribunal (VCAT). VCAT will now consider the amended plans at the upcoming hearing. The main changes to what had originally been proposed are:

  • Reduction in the number of apartments from 90 to 80
  • Increased setbacks from Margaret Street and Stewart Place (setbacks would now be about three metres compared with one metre previously)
  • Reduction in on-site car parking spaces from 81 spaces to 75 spaces
  • Increase in on-site bicycle parking spaces from 29 to 123 spaces
  • No change in height.

VCAT has ordered that the following documents be published on Council's website ahead of the hearing:

pdf format Statement of Changes (VCAT hearing) (41.42 KB)

pdf format Amended Plans (VCAT hearing) - Part One (2.13 MB)
pdf format Amended Plans (VCAT hearing) - Part Two (1.99 MB)
pdf format Amended Plans (VCAT hearing) - Part Three (1.36 MB)

 

Evidence associated with the VCAT hearing

In accordance with the orders of the tribunal, here is the evidence associated with the VCAT proceedings provided by those parties relying on evidence:

Council Evidence

pdf format Heritage - Anthemion Consultancies (1.34 MB)
pdf format Urban Design - McGauran Giannini Soon Pty Ltd (237.29 KB)

Objector Evidence

pdf format Electromagnetic Field Emissions - Magshield Products (Aust.) International Pty Ltd (899.99 KB)

Permit Applicant Evidence

pdf format Planning - Andrew Biacsi (931.52 KB)

pdf format Urban Design - H2o architects (234.75 KB)

pdf format Urban Design - Message Consultants (Part One) (2.64 MB)
pdf format Urban Design - Message Consultants (Part Two) (1.79 MB)

pdf format Acoustics - Marshall Day Acoustics (Part One) (1.33 MB)
pdf format Acoustics - Marshall Day Acoustics (Part Two) (2.15 MB)

pdf format Heritage - Lovell Chen (Part One) (2.11 MB)
pdf format Heritage - Lovell Chen (Part Two) (2.53 MB)
pdf format Heritage - Lovell Chen (Part Three) (1.51 MB)

pdf format Visual Amenity Statement - Urban Angles (2.25 MB)
pdf format Visual Amenity Statement - Urban Angles - Supporting Montages (1.98 MB)

pdf format Traffic - GTA Consultants (Part One) (1.22 MB)
pdf format Traffic - GTA Consultants (Part Two) (2.39 MB)

 

Council's position

On 9 March 2012, Council determined that if it had been in a position to decide on the application, it would have refused to issue a permit. Council's planning officers determined the application under their delegated powers.

The grounds for the refusal would have been:

  • The height and bulk of the development is inappropriate for the neighbourhood context and fails to comply with objectives contained in policy at clauses 15.01-1 (Urban Design), and 21.05-2 (Urban Design) of the Yarra Planning Scheme

  • The height and scale of the development will visually dominate the heritage place, which is contrary to the purpose of the heritage overlay at clause 43.01 and fails to comply with clauses 21.05-1 (Heritage) and 22.02 (Development Guidelines for Sites Subject to the Heritage Overlay)

  • The proposed development fails to adequately respond to the off-site amenity impacts on the immediate neighbours to the west through overlooking, and visual bulk by failing to comply with Objective 2.6 of the former Department of Sustainability and Environment’s (DSE) Guidelines for Higher Density Residential Development.

  • The development provides an excessive amount of car parking on-site and is therefore not consistent with both State and Local policies relating to sustainable transport at clauses 11.01,18 and 21.06.

Council will argue this position at the VCAT hearing. VCAT would be expected to take into account Council's position as part of its decision making.

 

Background

The original permit application provided for:

  • Demolition of parts of the two existing builidngs, part retention of the original building fabric fronting Stewart Street, and construction of a 13-storey building plus roof terrace.
  • A total of 90 apartments (13 one-bedroom, 24 one-bedroom plus study, 44 two-bedroom and 9 three-bedroom units)
  • A total of 81 car spaces and 29 bicycle parking spaces. The applicant is seeking a reduction in the standard car parking provision for a development of this size.
  • A 174 square metre office and 77 square metre cafe, both on the ground floor.
  • A communal roof terrace area. 

More detailed information on the proposal is available in the documents below.

Planning application and supporting documents

pdf format Town Planning and Urban Context Report (Part One) (2.74MB)  
pdf format Town Planning and Urban Context Report (Part Two) (2.58MB)

pdf format Plans (Part One) (2.62MB)
pdf format Plans (Part Two) (2.86MB)
pdf format Plans (Part Three) (2.58MB)
pdf format Plans (Part Four) (2.48MB)
pdf format Plans (Part Five) (2.50MB)  
pdf format Plans (Part Six) (2.58MB)
pdf format Plans (Part Seven) (954.77kB) 
pdf format Plans (Part Eight) (2.39MB)

pdf format Traffic Report  (1.35MB)

pdf format Heritage Statement (1.84MB)

pdf format Acoustic Report (1.21MB)

pdf format Sustainable Design Statement (698.83kB)

pdf format Waste Management Plan (233.38kB)  

Further information
Ally Huynh
Principal Planner 
9205 5040
Ally.Huynh@yarracity.vic.gov.au

 

 

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