Refused development at 31-33 High Street Road, Ashwood

Community feedback on TPA/56395 sought by: Monday 9 December 2024

Application numberTPA/54467, TPA/56395
Applicant nameZC Wood Pty Ltd
StatusComplete
DecisionRejected
Decision date28 January 2025

31-33 High Street Road, Ashwood 3147 View Map

New application TPA/56395 - November 2024

VCAT appeal update - March 2025

An application has been made to the Victorian Civil and Administrative Tribunal (VCAT) by the permit applicant against Council's refusal to issue a planning permit for the proposed development.

The application is due to be heard at VCAT in a compulsory conference on 10 June 2025, and a standard cases hearing on 25-27 August 2025.

Council refusal - January 2025

At its meeting of 28 January 2025, Council refused application TPA/56395 for 31-33 High Street Road, Ashwood, including the development of a 4-storey building comprising 3 storeys above a basement level, for use as a medical centre with a total of 16 specialist practitioners. 2 significant trees are proposed to be removed. The proposal also sought the erection of signage and alteration of access to High Street Road, being located within the Transport Zone Schedule 2

Council sought community feedback on the proposal and received 23 objections.

To find out more, please see the report and plans Council considered prior to making its decision.

The decision is available at Council Decisions.

Background

The owner of 31-31 High Street Road, Ashwood, obtained a declaration from the Supreme Court that the two restrictive covenants affecting the land do not prevent the development of a medical centre.

A new application, number TPA/56395, for the development of the site for a medical centre was lodged in November 2024. This is separate to previous planning application TPA/54467, which was refused by Council in June 2023.

The new application comprised:

Construction of a 4-storey building (3 storeys plus basement level) with a height of 13.1m to the roofline, and a maximum height of 14.4m to the lift overrun to be used as a medical centre for 16 practitioners.
Proposed operating hours of Monday to Friday - 8am to 6pm, Saturday - 8am to 1.30pm, and closed Sundays.
A proposed total of 44 parking spaces, which satisfies Planning Scheme requirements, with 30 spaces located in the basement, and 14 spaces accessed directly off the right-of-way. 12 bicycle spaces are proposed.
Vehicle access to the site via 1 double-width crossing in Kennett Street and the right-of-way. There will be alteration of access to a road in a Transport Zone 2 due to removal of the existing vehicle crossing to High Street Road.
Removal of 2 trees exceeding 10m in height (a 14m Ginkgo biloba and 18m Waterhousia floribunda), plus all other vegetation on site.
Display of 3 signs comprising 1 internally illuminated business identification sign and 2 business identification signs.

Planning documents

Here are the documents that have been submitted by the applicant:

Acoustic Report(PDF, 4MB)

Arborist Report(PDF, 4MB)

Covenants(PDF, 7MB)

Development Plans(PDF, 16MB)

Features and Levels Survey(PDF, 720KB)

Landscape Plan(PDF, 3MB)

Planning Report(PDF, 598KB)

Plan of Subdivision(PDF, 94KB)

Supreme Court Decision(PDF, 77KB)

Sustainability Management Plan(PDF, 5MB)

Traffic Report(PDF, 3MB)

Waste Management Plan(PDF, 1MB)

Community information session

A community information session was held on Wednesday 27 November 2024.

Previous application TPA/54467

Council refusal - June 2023

At its meeting of 27 June, Council considered application TPA/54467 for the use and development of the land for a 4-storey medical centre, display of internally illuminated and floodlit business identification signage, alteration of access to a road in a Transport Zone 2 and removal of 2 trees within a Vegetation Protection Overlay at 31-33 High Street Road, Ashwood.

The application received 23 objections.

Council refused the proposal on several grounds including:

The built form, scale and setbacks of the development
Mature tree removal
Obtrusive and cluttered signs
Car parking arrangements
Amenity impacts to adjoining properties.

It was determined that granting a permit would authorise a development that would result in a breach of restrictive covenants affecting the land contrary to Section 61(4) of the Planning and Environment Act 1987.

To find out more, please see the report and plans Council considered prior to making its decision.

The decision is available at Council Decisions.

Update - April 2023

The application was due to be considered at the April 26 Council meeting but was withdrawn at the applicant's request after having lodged a Section 57(a) Amendment (amendment request after advertising) on Monday 24 April 2023. The amendment must be assessed before Council reconsiders the application.

The decision is available at Council Decisions.

Background

Council has received planning application TPA/54467 for the proposed $4 million development and use of 31-33 High Street Road, Ashwood, comprising:

A 4-storey building (3 storeys plus basement level), with a height of 14.13m to the roofline, and a maximum height of 16.3m to the lift overrun, to be used as a medical centre for 16 specialists with proposed hours of operation Monday to Friday, 8am-10pm, and Saturday and Sunday, 8am-8pm.
A total of 44 parking spaces, which satisfies the Scheme requirements, with 16 of them laid out in a tandem arrangement. 33 of the spaces are located within the basement, the rest are at-grade, with 6 spaces directly accessed off the right-of-way. 12 bicycle spaces are proposed.
2 vehicle crossings provided to Kennett Street, with no access provided to High Street Road except from the right-of-way.
Alteration of access to a road in a Transport Zone 2 due to removal of the existing vehicle crossing to High Street Road.
Removal of 2 restrictive covenants that were previously varied at the Supreme Court in 2017:

Preventing removal of materials (earth, clay, stone, gravel or sand), except in connection with the residential development and use of the land, and the erection of hoarding for advertisement.
Preventing removal of materials, except in connection with the residential development use of the land, and the construction of more than one residential apartment building.

Removal of 2 trees exceeding 10m in height (a 14m Ginkgo biloba and 18m Waterhousia floribunda), plus all other vegetation on site.
Display of 11 signs, comprising 1 internally illuminated business identification sign, 2 floodlit business identification signs and 8 business identification signs.