97-99 Rose Street, Fitzroy

In March 2013, Cars parked in Brunswick Street, Fitzroy the Victorian Civil and Administrative Tribunal (VCAT) overturned Council's decision to refuse a proposal for a six-storey mixed use development at 97-99 Rose Street, Fitzroy.

VCAT instructed Council to issue a permit for proposed the construction of a four-storey building on the subject site including apartments and a restaurant.

Council’s grounds of refusal were based on concerns regarding excessive height in a heritage area, poor design response based on scale, height and mass of the building and detrimental amenity impacts on adjoining dwellings.

VCAT Ruling

The tribunal summarised the issues in the proceedings as:

Are the proposed uses appropriate in the Business 1 Zone at the location of the subject site
Will the proposed development adversely affect the significance of the heritage place at HO334 (South Fitzroy Precinct)
Will the proposed development cause an unacceptable loss of amenity for surrounding residents.

Considering each issue in turn, the tribunal found:

Relevant to the site's zoning of the land, the tribunal finds at paragraph 25 that ‘….I find the proposed restaurant, bar and residential are all uses appropriate to the Business 1 Zone in this location, however, I consider, the design response to the heritage precinct and the interface with adjoining residential use is inadequate. This deficiency is addressed later in my reasons.’

The tribunal found the height of the proposed building excessive and proposed a height reduction of a level which, in the members mind, changed the building from presenting as dominant to being a noticeable building within the urban context.

From an amenity point of view, the tribunal found:

Overshadowing of apartments to the east is inevitable and the one storey reduction in built form will reduce this somewhat.
The limited overlooking opportunities resultant from the proposal can be managed by conditions.

The tribunal determined to restrict the hours of the first floor terrace associated with the restaurant to 9pm to address potential noise issues.

Residents also raised car parking and traffic concerns with the proposal as no onsite car parking was proposed.
The tribunal agreed that no parking was required.

Here is a link to the full VCAT order.

Application History

On 29 February 2012, Council's Internal Development Approvals Committee resolved to issue a Notice of Refusal to grant a permit for the development on the grounds that:

The proposed development would dominate the heritage precinct as a result of its excessive height (failing to comply with the objectives and guidelines at Clauses 43.01 - Heritage Overlay and 22.02 - Development Guidelines for Sites Subject to the Heritage Overlay of the Yarra Planning Scheme)
The proposed development provides a poor design response with regard to its scale, height and massing (failing to comply with the Urban Design Principles at Clause 15.01-2 and Council’s local Built Form: Urban Design requirements at Clause 21.05-2 of the Yarra Planning Scheme and the DSE Guidelines for Higher Density Residential Development)
The proposed development would result in detrimental amenity impacts on adjoining dwellings as a result of overshadowing and overlooking (failing to comply with the objective of the Urban Design Principles at Clause 15.01-2 of the Yarra Planning Scheme and the DSE Guidelines for Higher Density Residential Development).

Council received 25 objections to the proposal and three letters of support.

More information

The original proposal from developer Karanlight Pty Ltd provided for:

Twelve apartments, including seven studio apartments, three one-bedroom apartments and two two-bedroom apartments
A 100-seat restaurant over two levels, with a small courtyard at the rear and a first floor balcony fronting Rose Street. The restaurant is proposed to be licensed and to operate from 7am-12pm, 7 days per week.
A communal roof terrace.
No on-site car parking
Twenty-two bicycle parking spaces.

Following a consultation meeting involving the applicant, objectors and Council planning officers, the applicant made some changes to the original proposal. These changes included adding further screening measures to the roof terrace and perimeter of the stairwell.

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

Planning application and supporting documents

pdf format Town Planning Report.pdf (600.10kB)
Noise & Amenity Action Plan.pdf (72.67kB)
Traffic Report.pdf (1.74MB)
ESD Report.pdf (1.29MB)
Heritage Report.pdf (181.18kB)
Landscape Plan 1.pdf (453.89kB)
Landscape Plan 2.pdf (265.02kB)
Landscape Plan 3.pdf (413.71kB)
Landscape Plan 4.pdf (4.67MB)
pdf format Landscape Plan 5.pdf (155.19kB)
Landscape Plan 6.pdf (387.03kB)
Waste Management Plan.pdf (315.84kB)

Further information
John Theodosakis
Senior Statutory Planner
9205 5373
planningadmin@yarracity.vic.gov.au