Australia, Nov. 30 -- Victorian Civil and Administrative Tribunal issued text of the following judgement on Nov. 27:
1. This matter concerns two applications for review of a decision of Yarra City Council (the council) to issue a Notice of Decision to grant a Planning Permit for land at 14-18 Cremorne Street, Cremorne (review site) to be developed with a multi-level building (12 storeys) plus basements and roof terrace, use as a residential hotel and a reduction in the statutory car parking rate associated with a food and drink premises.
2. In P1335/2023, C&R Building, the landowner of 9-11 Cremorne Street to the east, have lodged an appeal under section 82 of the Planning and Environment Act 1987 (the Act) against council's decision to issue a NOD. They say that[2] the proposed height and scale is excessive, that the proposal will result in unreasonable visual bulk causing offsite amenity impacts, and that it provides a poor streetscape response.
3. In P1524/2023, Vered Nominees Pty Ltd as Trustee for The Vered Trust (permit applicant) have lodged an appeal under section 80 of the Act to review a number of conditions in the NOD. Prior to the hearing the permit applicant revised its grounds of appeal, such that only one condition remains in this dispute. This condition (Condition 1c) requires the deletion of two levels of the proposed building (from the middle level of the building) such that the building will have a height of 10 storeys.
WHAT ARE THE KEY ISSUES?
4. This case is primarily about whether the proposed building provides an acceptable design response that responds to its site context. Cremorne is a distinctive area located between Swan Street and the Yarra River and associated transport infrastructure. While historically it has been a mix of low scale industrial and workers housing, over the past decade it has been subject to a relatively high level of development activity within the context of a C2Z. There are no bespoke planning provisions in the form of Design and Development Overlays that help to inform the scale of this redevelopment.
5. The focus of this dispute is the built form outcome in terms of overall scale and mass. There is no dispute that the proposed land uses are appropriate.
6. Having considered all submissions and evidence presented with regard to the applicable policies and provisions of the Yarra Planning Scheme, we have decided to vary the Responsible Authority's decision. In the context of the existing surrounds, the development will make a positive contribution to the future character of the area and will not result in unreasonable amenity impacts on the public realm or surrounding properties.
7. Our detailed reasons follow.
STRATEGIC AND PHYSICAL CONTEXT
8. In recognition of the extent of urban change occurring in Cremorne, the council has prepared a number of background documents including the Cremorne and Church Street Precinct Urban Design Framework 2007 (2007 UDF), the Swan Street Structure Plan 2013, the Cremorne Place Implementation Plan 2020 (CPIP) and a draft Cremorne Urban Design Framework (2023 Revised UDF).
Swan Street Structure Plan 2013
9. Council adopted the Swan Street Structure Plan (Structure Plan) on 17 December 2013, to guide land use and development in the Swan Street Activity Centre. The site is identified as being within the 'Cremorne Mixed Commercial Precinct'. The Structure Plan identifies a maximum height of 4 storeys (13-16 metres) for the site
Urban Design Framework's
10. Council adopted the 2007 UDF in September 2007, at which time is also resolved to prepare Amendment C97 to the Scheme which proposed to rezone the study area from Business 3 Zone to Business 2 Zone, in order to provide for some residential development in the precinct. The Amendment was abandoned by council at its February 2010 meeting, however the 2007 UDF remains an adopted council document.
*Rest of the document and Footnotes can be viewed at: (https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VCAT/2024/1120.html)
Disclaimer: Curated by HT Syndication.
