December 2023 - Council approval
At its December meeting, Council approved a proposal for a development of a 12 to 17-storey mixed-use development at 409 Clayton Road, Clayton. The development comprises retail, offices and residential apartments.
Council sought community feedback on the application and received 18 objections including an objection received 1 day before Council’s meeting.
The development was approved, subject to more than 47 conditions.
For more information, please see the report and plans Council considered prior to making its decision.
The decision is available at Council Decisions.
Background
This is a new application for this site. For more information on the previous application, which was not granted a permit, see below.
The applicant, D&G Brothers Management Group Pty Ltd, is proposing a $78 million development that includes:
- Construction of a 12 to 17-storey building (building height of 37-56m)
- 144 residential apartment dwellings (including 2 dwellings for social housing) comprising:
-
- 49 x 1-bedroom
- 87 x 2-bedroom
- 8 x 3-bedroom
- 700m2 of retail floor space
- 1,646m2 of commercial/office floor space
- Generation of a total requirement of 226 car parking spaces including 152 spaces for the residential apartments, 25 spaces for the retail premises and 49 spaces for the offices. The proposal provides a total of 147 spaces and seeks a reduction of 79 car spaces including 48 spaces for the residential apartments, 18 spaces for the retail premises and 13 spaces for the offices.
- Vehicle access via a new crossover on Centre Road.
Planning Documents
Here are the documents that have been submitted by the applicant:
Architectural Package(PDF, 76MB)
Certificate of Title(PDF, 895KB)
Covering Letter(PDF, 1MB)
Green Travel Plan(PDF, 8MB)
Land Contamination Advice(PDF, 2MB)
Landscape Plans(PDF, 31MB)
Letter from Housing First (Social Housing)(PDF, 1MB)
Original Feature Survey Plan(PDF, 2MB)
Sustainability Management Plan(PDF, 15MB)
Town Planning Report(PDF, 18MB)
Traffic Impact Assessment(PDF, 13MB)
Updated Survey Plan(PDF, 463KB)
Waste Management Plan(PDF, 8MB)
Previous Application
At the May 2021 Council meeting, Council resolved not to support the previous application to develop a 17-storey (building height of 62.13m) mixed-use building. The applicant circulated an amended plan prior to the merit hearing at the Victorian Civil and Administrative Tribunal (VCAT) and a merit hearing occurred at VCAT in November 2021 based on the amended plan. Following the merit hearing, the tribunal issued an order on 18 March 2022 which determined that the proposed development should not be approved however provided the applicant with an opportunity to prepare an amended plan to modify the building to ensure the development would not cause shadows to within 4m of the property boundary of sites on the eastern side of Clayton Road at 2pm at the equinox.
The applicant submitted amended plans in response to the VCAT order to demonstrate a modified design response to the proposed development. Council officers advised the tribunal that Council’s position remained unchanged. After considering the submissions of both parties, and additional days of hearing in September 2022, the tribunal issued its direction on 18 November 2022 that no permit was to be granted for the proposed development.
Further information could be found here: Refused development at 409 Clayton Road, Clayton.