Rear 26 - 56 Queens Parade, Fitzroy North

Permit number: PLN16/0732

The responsible authority won't make a decision before:

Development of the land for the construction of 4, 3-storey townhouses with a reduction in the car parking requirements and provision of parking on another site

On 25 January 2017, Council was informed that a Section 79 ‘failure to determine’ appeal had been lodged with the Victorian Civil and Administrative Tribunal [VCAT].

On 3 February 2017, a practice day was held at VCAT to consider if this application should be heard at the same time as the Section 79 review for the main site (PLN6/0434). All parties consented and VCAT agreed to join both hearings (PLN16/0732 and PLN16/0434), with the hearing commencing on 3 April 2017 for 7 days. No compulsory conference was scheduled.

On 21 February 2017, the Applicant circulated substituted plans, deleting 1 level from the townhouses, reducing the scale from 4 to 3 storeys, with associated internal re-configurations.

On 15 March 2017 at its Internal Development Approval’s Committee [IDAC] meeting, IDAC determined that:

…if it were in a position to determine the application, Council would issue a Refusal to Grant a Permit (PLN16/0732) for the development of the land for the construction of 4, 3-storey dwellings (no permit required for dwelling use), reduction in the car parking requirements and to provide all of the car parking spaces on another site at Rear 26-52 Queens Parade, Fitzroy North on the following grounds:
1. The building height does not respect the character of the area.
2. The site coverage, permeability and setbacks do not respect the existing or preferred neighbourhood character and does not respond to the features of the site.
3. The proposal does not provide sufficient car parking.
4. The proposal does not provide for pedestrian safety.

On 28 March 2017, amendment C229 was gazetted, applying the Design and Development Overlay (Schedule 16) to the western end of Queens Parade (including the subject site). Parties called for a Practice day on 31 March 2017 and Deputy President Gibson agreed to vacate the hearing. The hearing is now scheduled from 4 September 2017 for 10 days.

On 25 July 2017, Council received formally substituted VCAT plans from the Applicant. However, that the substituted plans do not make any identifiable changes compared to the previous set of plans.

 On 9 August 2017 at its Internal Development Approval’s Committee, Council considered the July 2017 substituted plans. IDAC determined:

That Council inform VCAT that had it been in a position, it would have issued a Notice of Refusal to Grant a Permit (PLN16/0732) for rear of 26-56 Queens Parade, Fitzroy North for the development of the land for the construction of 4, 3-storey dwellings (no permit required for dwelling use), reduction in the car parking requirements and to provide all of the car parking spaces on another site (being the larger Queens Parade site) based on the VCAT substituted plans (received by Council on 25 July 2017) on the following grounds:

1. The height, setback and massing of the proposal would unreasonably impact the character and amenity of the area and surrounding dwellings.

2. The site coverage and permeability do not respect the existing or preferred neighbourhood character and does not respond to the features of the site.

To view the agenda and minutes of this meeting, please click here.

To view the application for PLN16/0434, please click here.


View the planning application documents below:
Advertised Applicants Evidence August 2017 Councils Evidence August 2017 VCAT Substituted Plans VCAT Substituted Plans July 2017

For more information

Contact: Sarah Thomas
Phone: 9205 5046
Email: sarah.thomas@yarracity.vic.gov.au
This information is made available for the sole purpose of enabling its consideration and review as part of a planning process under the Planning and Environment Act 1987. This information must not be used for any purpose which may breach any copyright.