Approved Development Plan for 1 Beryl Avenue, Oakleigh South

Submissions closed on 31 July 2020, 12:00 AM

VCAT approval - April 2021

The Victorian Civil and Administrative Tribunal's (VCAT) has determined to approve the Development Plan for the construction of 83 townhouses on the former school site at 52 Golf Road (also known as 1 Beryl Avenue) Oakleigh South.

A hearing for the Development Plan occurred on 26 and 27 April 2021. At the hearing, Council's legal representative argued strongly against the proposed development plan consistent with Council's resolution to not support the proposal.

In this instance the Tribunal Member decided to provide their decision orally, rather than in writing.

In its oral decision, the Member determined:

The modified plan suitably responded to the concerns raised in the previous VCAT determination and on balance was considered to be a satisfactory planning outcome having regard to the Monash Planning Scheme
The development responds appropriately to the Beryl Avenue streetscape including:
- a reduction in high front fencing and a more open presentation to the streetscape
- provision for a suitable sense of address to the dwellings
- improved presentation of garages within the development
- provision of adequate solar amenity to secluded private open space areas
- an acceptable internal amenity to dwellings
The overall design response provides for generous open space areas within the development and integrated landscaping, including satisfactory tree retention and extensive tree planting opportunities
The overall design response provides for an appropriate urban design outcome which provides a respectful response to neighbourhood character and requirements of the Monash Planning Scheme
There were no identified issues with car parking, vehicle and pedestrian access arrangements for a development of this intensity having regard to the relevant requirements of the Monash Planning Scheme and Australian Standards for parking and vehicle access

You can view VCAT's decision here: VCAT Decision on 1 Beryl Avenue (52 Golf Road), Oakleigh South(PDF, 146KB)

Council is disappointed that VCAT determined to support the proposal. As no question of law exists which would allow further appeal to a higher jurisdiction, this decision cannot be appealed.

More information: Council disappointed with VCAT approval for large development on former Oakleigh South school site

Enquiries: Jeanny Lui, Principal Planner, on 9518 3494.

VCAT Amended Plans – March 2021

Amended plans were circulated as part of the developer's appeal to the Victorian Civil and Administrative Tribunal (VCAT) on a proposal at 1 Beryl Avenue (52 Golf Road), Oakleigh South, which is the former Oakleigh South Primary School site.

These plans were consideredat the VCAT hearing.

The key changesin the amended plans were:

Total number of the townhouses reduced from 86 to 83
Two-bedroom townhouses increased from 20 to 22
Three-bedroom townhouses reduced from 24 to 21
Four-bedroom townhouses reduced from 42 to 40
Layout of townhouses clusters along Beryl Avenue interface rearranged and secluded private open space areas for some townhouses along this interface relocated.

Summary of the amended development plan proposal:

Total of 83 townhouses including 18 three-storey townhouses and 65 two-storey townhouses
22 two-bedroom townhouses
21 three-bedroom townhouses
40 four-bedroom townhouses
Retention of 9 trees
Removal of 46 trees
Total of 156 car parking spaces within the development, including 144 car spaces for residents and 12 visitor car spaces
Central communal open space area located in the centre of the site where an existing tree will be retained
Vehicle access to the loop road via Golf Road
Access to individual garages via Beryl Avenue.

Council’s position on this amended proposal remained unchanged. Council argued against the proposed development plan at the hearing at VCAT.

The matter was been listed for a two-day Merits Hearing at VCAT, commencing Monday 26 April 2021.

Under the Development Plan Overlay, residents do not have the right to appeal to VCAT. Therefore no Statement of Grounds were accepted.

Amended planning documents

Development Plan Volume 1(PDF, 82MB)

Development Plan Volume 2(PDF, 440KB)

Statement of Changes(PDF, 104KB)

Arboricultural Report(PDF, 3MB)

Architectural Drawing(PDF, 10MB)

Flood Report(PDF, 2MB)

Gap Analysis Review(PDF, 8MB)

Landfill Gas Risk Assessment(PDF, 11MB)

Landfill Gas Risk Desktop Assessment(PDF, 5MB)

Landscape Plan(PDF, 15MB)

Servicing Report(PDF, 2MB)

Site Development Management Plan(PDF, 720KB)

Stormwater Management Plan(PDF, 2MB)

Sustainability Management Plan(PDF, 14MB)

Traffic Management Plan(PDF, 7MB)

Urban Context Report(PDF, 36MB)

Waste Management Plan(PDF, 813KB)

Update - VCAT Appeal

The applicant has lodged an appeal with VCAT on the basis of Council's failure to make a decision within a reasonable timeframe under Section 149 of the Planning and Environment Act 1987. A hearing has been listed for two days from Monday 26 April 2021.

At the August Council Meeting, Council noted its disappointment that a further appeal had been lodged prior to Council formally resolving its position on the Development Plan. We have now written to the Tribunal to note our concerns and reject that Council has not made a determination on the proposed plan within a reasonable time. It is noted that our advice indicates that when an appeal, such as this one is lodged, the Council’s position is deemed to be a refusal.

Council resolved not to support the application at the August Council Meeting. For more information, please see: Report to Council Meeting(PDF, 453KB)

Background

Council received a new Development Plan proposal for 1 Beryl Avenue (also known as 52 Golf Road), Oakleigh South following the Victorian Civil and Administrative Tribunal's (VCAT) decision to not support a previous proposal.

Council sought community feedback on the proposed development plan for a medium-density townhouse development comprising of 86 dwellings ranging in height from 2-3 storeys at 1 Beryl Avenue (also known as 52 Golf Road) Oakleigh South.

Feedback was formally sought by Friday 31 July 2020. 449 community submissions to the proposal were received.

The applicant, Golf Road Project Development Pty Ltd, proposed a Development Plan that includes:

20 two-bedroom townhouses
24 three-bedroom townhouses
42 four-bedroom townhouses
Retention of 9 trees
Removal of 46 trees
Communal open space area located in the centre of the site where one existing mature tree will be retained
Vehicle access via Golf Road
Predominantly double-storey dwellings with some three-storey dwellings located in the middle of the site