About this application

Application Number: P1498/2016
Address: 40 Upper Heidelberg Road, Ivanhoe

The application involves:

• Construction of an eight to ten storey building (plus five basement levels) comprising 111 dwellings and commercial floorspace
• Provision of 224 car parking spaces - being more car parking spaces than is required by the Banyule Planning Scheme
• Provision of 150 bicycle parking spaces - being more than is required
• Vehicle access provided direct onto Upper Heidelberg Road
• Provision of an undercroft publicly accessible piazza

The Banyule Planning Scheme sets out when a planning permit is required. The particular sections of the scheme that are relevant to this application are identified in the Important Information section below.

At the July 17 Council meeting a recommendation was presented to Council who upheld the Planning Officer’s recommendation to issue a Notice of Refusal to Grant a Planning Permit.

Decision & Appeal

VCAT Substituted plans

Please be advised Council is in receipt of amended plans which will be relied upon for the purposes of the Tribunal hearing scheduled to commence on 30 April 2018. These plans have been circulated to all parties in accordance with VCAT's practice note and invites both Council and objector parties to make submissions relevant to these plans. Please see link to VCAT substituted plans.

If you want to be joined as a party to the VCAT proceedings and haven't done so to date please review the VCAT resources guide.

VCAT

A procedural hearing was held at VCAT on 17 November 2017 to discuss the future proceedings of the case in light of interim mandatory height controls being introduced into the Planning Scheme through Amendment C122. As a result of these proceedings, the Tribunal ordered that the hearing scheduled to commence 11 December 2017 for five days be vacated. The Tribunal further ordered that the permit applicant circulate to all parties by 1st December 2017 'without prejudice' plans for discussion at a Compulsory Conference to be held on 12 December 2017. The Tribunal are to provide dates in May 2018 for the hearing of the case should the matter not be resolved through the Compulsory Conference process

The applicant has now lodged an appeal against Councils Decision with VCAT. The hearing has been scheduled for 5 days commencing 30 April 2018.

Those who had objected to the original application had the opportunity to lodge a Statement of Grounds to VCAT outlining the reasons for their objection.

Mandatory heights Introduced

Banyule Planning Scheme Amendment C122 introduces mandatory maximum building height controls for the Ivanhoe Activity Centre (Precincts 1 – 5) on an interim basis until 30 September 2018 by amending Schedule 11 to the Design and Development Overlay. This has been brought to the attention of the applicant and a practice day has been requested at VCAT on Friday 17th November 2017.

VCAT proceedings

A procedural hearing was held at VCAT on 17 November 2017 to discuss the future proceedings of the case in light of interim mandatory height controls being introduced into the Planning Scheme through Amendment C122. As a result of these proceedings, the Tribunal ordered that the hearing scheduled to commence 11 December 2017 for five days be vacated. The Tribunal further ordered that the permit applicant circulate to all parties by 1st December 2017 'without prejudice' plans for discussion at a Compulsory Conference to be held on 12 December 2017. The Tribunal have listed the hearing of the case over five days comencing 30 April 2018.

Council's Role

The appeal process is conducted by VCAT. Council is currently in the early stages of preparing for the hearing where Council will explain the reasons for issuing the Notice of Refusal to grant a planning permit.

Background

In December 2016, Council received an application from SB&G – 40 Upper Heidelberg Road (Ivanhoe) Pty Ltd for a mixed use development at 40 Upper Heidelberg Road, Ivanhoe. When it was received, officers reviewed the initial information and asked the applicant to provide some more information. This was received in May 2017.

Council then consulted with the community on the proposal in June 2017 and held two public information sessions that had approximately 150 people attend to hear about the proposal and to view the application material.

More than 130 submissions were received and Council held a submissions meeting to give people the opporutity to speak to their submission.

Important information about this development

The Banyule Planning Scheme identifies the different planning controls that affect the land. Under the provisions of the Banyule Planning Scheme, a planning permit is required for:

• Construction of a building in the Commercial 1 Zone
• Construction of a building in the Design and Development Overlay Schedule 11
• Use of the land for accommodation as the frontage at ground level exceeds 2 metres
• Waiver of the loading bay requirements
• To create or alter access to a road in a Road Zone, Category 1

These controls provide a series of “decision guidelines” that Council must consider as part of its assessment. These are included in the links above. The decision guidelines also require Council to consider other matters including State and Local Planning Policies included in the Banyule Planning Scheme.