New application TPA/56395 - November 2024
The owner of 31-31 High Street Road, Ashwood, has 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 has now been lodged. This is separate to previous planning application TPA/54467, which was refused by Council in June 2023.
The new application comprises:
- 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)
Development Plans(PDF, 16MB)
Features and Levels Survey(PDF, 720KB)
Landscape Plan(PDF, 3MB)
Planning Report(PDF, 598KB)
Plan of Subdivision(PDF, 94KB)
Register Search Statement Number 31(PDF, 43KB)
Register Search Statement Number 33(PDF, 43KB)
Supreme Court Decision(PDF, 77KB)
Sustainability Management Plan(PDF, 5MB)
Traffic Report(PDF, 3MB)
Waste Management Plan(PDF, 1MB)
Community information session
We invite you to attend an information session which will be held online. This information session will provide an opportunity for Council officers to answer your questions about the proposal, without you needing to leave your home.
Date: Wednesday 27 November 2024
Time: 5.30pm - 6.30pm
Location: Online via Zoom:
How to provide feedback
Any person who may be affected by the proposal may provide feedback to Council. Submissions must be made in writing, and close on Monday 9 December 2024.
Submissions should detail any concerns you have regarding the proposal, how you would be affected by the proposal and include your name, postal address and reference to TPA/56395.
Please quote the Application Number TPA/56395.
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.
Planning Documents
Here are the documents that have been submitted by the applicant:
Acoustic Report(PDF, 6MB)
Arborist Report(PDF, 5MB)
Copies of Title and Details of Covenant Removal(PDF, 13MB)
Landscape Plan(PDF, 13MB)
Planning Report(PDF, 868KB)
Plans and Elevations(PDF, 18MB)
Sustainable Management Plan(PDF, 3MB)
Traffic Management Plan(PDF, 3MB)
Waste Management Plan(PDF, 2MB)
Community Information Session
A community information session for TPA/54467 was held on:
Date: Wednesday 15 March 2023
Time: 6pm - 7pm
Location: Online via Zoom