A FRANKSTON council decision to deny a permit to a planned 9 to 10 storey development on the Nepean Highway has been overturned by the Victorian Civil and Administrative Tribunal.
VCAT confirmed that land at 424-426 Nepean Highway could be used for “the use and development of the land for a multi-storey building for retail, dwellings, & serviced apartments.”
Orion International Group was the applicant appealing the decision of council to deny the permit.
VCAT heard that Orion International Group were seeking permission to build “a nine/ten storey mixed use building containing retail uses, dwellings, dwellings identified as allowing their use as Home Occupations, serviced apartments, and car parking spaces.”
The tribunal “decided in favour of the applicant and have ordered that a permit be issued for the proposal as described in the amended plans.”
This site is located on the corner of Nepean Highway and Beach Street and has a frontage to Kananook Creek Boulevard.
The ruling stated that within the potential 10 storey development, that “except with the written consent of the Responsible Authority, the number of serviced apartments in the development must not exceed 47.”
Council contended that the “building’s 30-33.8 metre height is not acceptable because it is greater than 20 metres tall.”
Council CEO Dennis Hovenden said that “council’s opinion was that they would not have given a permit, as the building exceeds our height limit of 20 metres.”
VCAT Member Michael Nelthorpe noted in his verdict that “regarding the loss of amenity through overshadowing, Mr Biles [witness for the applicant] identifies that shade from this proposal only falls on the rear boundaries of the properties at 127 and 129 Gould Street until 9.15am-9.30am at the equinox. He says that this is not a significant impact and I agree with him.
“Regarding overlooking, I am satisfied that the distance between the proposed building and these residential properties is more than sufficient to achieve an acceptable outcome regarding loss of amenity through overlooking. Accordingly, I find the height of the proposed building is acceptable.”
This permit will expire if development is not completed within five years of the date of the permit.