Approved development at 7-9 Nicholson Court, Clayton

Update – VCAT Approval

The applicant lodged an appeal with the Victorian Civil and Administrative Tribunal (VCAT) against Council’s refusal of the application for the development of an apartment building at 7-9 Nicholson Court, Clayton.

A VCAT hearing was held on 11,12 and 13 April 2023.

Amended plans were circulated as part of the developer’s appeal to VCAT and were the plans considered at the VCAT hearing.

Please find below the application documents that were submitted by the applicant:

VCAT Form A(PDF, 174KB)

Statement of Changes(PDF, 180KB)

Amended Plans(PDF, 13MB)

Council confirmed its position and argued against the proposed development plan at the VCAT hearing.

You can view VCAT's decision here: VCAT decision on 7-9 Nicholson Court, Clayton(PDF, 1MB)

Background

In November 2022, Council refused the development of a 5-storey apartment building for 32 dwellings and a basement car park for 37 car spaces. 

Council sought community feedback on the application and received four objections.

Council has issued a Notice of Decision to Refuse to Grant a Planning Permit on the following grounds:

1. The proposal is inconsistent with the objectives of Clause 21.04 Residential Development, Clause 22.01 Residential Development and Character Policy and Clause 58 of the Monash Planning Scheme regarding building height and scale, neighbourhood character, landscaping, private open space, front fencing and design detail.
2. The proposal fails to provide for sufficient landscaping opportunities to allow the building to sit in an open garden setting in accordance with the Residential Growth Zone, Schedule 3, Clause 21.04 and 22.01 provisions of the Monash Planning Scheme.
3. The proposal will result in unreasonable bulk impacts to adjoining properties to the north, west and south.
4. The front fence and provision of site services do not allow for an open front garden to soften the presentation to the streetscape.
5. The proposal will result in a poor level of internal amenity for future residents.
6. The proposal does not provide for effective waste management to cater for the scale of the development.
7. The design fails to provide for adequate integrated water and storm water management strategies and does not satisfy the objectives of Clause 22.04 of the Monash Planning Scheme.
8. The proposal is not site responsive and an overdevelopment of the site.

The applicant has lodged an appeal at VCAT (Victorian Civil and Administrative Tribunal) against the decision to refuse the development. The hearing is scheduled for 11-13 April 2023.

For more information, please see the report(PDF, 924KB) and plans(PDF, 22MB) Council considered prior to making its decision.

About the proposal

The applicant, Pitard 7 Pty Ltd, is proposing a $9 million development that includes:

• 3 x 1-bedroom apartments
• 24 x 2-bedroom apartments
• 5 x 3-bedroom apartments
• Basement car park for 37 car spaces.

Planning documents

Here are the documents submitted by the applicant:

Copy of titles(PDF, 296KB)

Development Plans(PDF, 22MB)

Landscape Plan(PDF, 8MB)

Town Planning Report(PDF, 4MB)

Traffic Management Plan(PDF, 3MB)

Arborist Report(PDF, 3MB)

Acoustic Report(PDF, 456KB)

Sustainable Management Plan(PDF, 1MB)

Waste Management Plan(PDF, 551KB)

Wind Assessment(PDF, 3MB)