Council Refuse the 2nd Application for Timber Yard Development

The Hobson’s Bay Council has just sent out letters to objectors notifying them of the Council’s refusal of the developers proposal.

Needless to say, many resident objectors will be very pleased.

The cover letter reads as follows…

OBJECTORS NOTICE

Planning Permit Application No. PA1123425
6 Paine St, Newport VIC 3015
Construction of 43 dwellings ranging in height from three to four storeys including a reduction in the statutory car parking rate.

 

After careful consideration of this application and of all objections received, it has been decided to refuse the application on the grounds listed in the enclosed Notice of Refusal to Grant a permit.

The applicant now has a right to appeal against this decision to the Victorian Civil and Administrative Tribunal (VCAT). If an appeal is lodged, you will be advised by VCAT and will have a further opportunity to speak against the proposal.

Should you have any questions regarding this refusal please contact me on 03 9932 1000.

Yours faithfully
Mark Tenner
Team Leader Town Planning

 

WHAT ARE THE REASONS FOR THE REFUSAL?

1. The proposal does not meet State Planning Policy, particularly the objectives and guidelines at Clause 15 (Built Environment and Heritage) of the Hobsons Bay Planning Scheme.

2. The proposal does not appropriately satisfy all of the objective in the Design Guidelines for Higher Density Residential Development (2004).

3. The proposed building design represents a poor urban design outcome in regard to the following:

– Upper storey (cantilevered) setbacks to Armstrong Reserve and Paine, Crawford and Latrobe Streets;
– Articulation, form, bulk and scale;

4. The proposal does not meet the Municipal Strategic Statement and Local Planning policy, particularly Council’s objectives at Clause 21.04-1 (The Hobsons Bay Strategy), Clause 21.06 (Residential) and Clause 22.10 (Neighbourhood Character) of the Hobsons Bay Planning Scheme as it does not improve the environment or liveability of the area and negatively impacts on local urban character and the amenity of the surrounding residential areas.

5. The proposal does not satisfy the requirements of Clause 21.07(Heritage) and Clause 22.01(Heritage Policy) of the Hobsons Bay Planning Scheme because it is inappropriately designed and unrelated in terms of design, scale, form and materials to the historic context provided by the surrounding heritage places, most particularly by failing to provide an appropriate graduation of height and setbacks between the proposed new building(s) and the four public interfaces.

6. The appearance of the proposed development with regard to it cantilevered form would result in a poor urban design solution for the subject site.

7. The bulk, form and appearance of the proposed building is inconsistent with the objectives and guidelines of Clause 43.01 (Heritage Overlay) of the Hobsons Bay Planning Scheme because it does not enhance the heritage precinct.

8. The bulk, form and appearance of the proposed building will have an adverse impact upon the significance and character of the prevailing heritage precinct covered by Heritage Overlay – HO27 in the Hobsons Bay Planning Scheme.

Date Issued: 15 December, 2011
Signature for the Responsible Authority:

Mark Tenner
Team Leader Town Planning

 

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REFUSAL TO GRANT PERMIT – IMPORTANT INFORMATION ABOUT THIS NOTICE – WHAT HAS BEEN DECIDED?
● The responsible authority has decided to refuse to grant a permit. (Note: This is not a refusal under Division 5 of Part 4 of the Planning and Environment Act 1987.)
● This notice sets out on the reverse side the reasons for the refusal.
● The reasons or grounds on which the application has been refused are those of the responsible authority unless otherwise stated.
WHAT ABOUT APPEALS?
● The person who applied for the permit may appeal against the refusal. The appeal must be lodged within 60 days of the giving of this notice.
● An appeal is lodged with the Victorian Civil and Administrative Tribunal.
● An appeal must be made on a Notice of Appeal form which can be obtained from the Victorian Civil and Administrative Tribunal, and be accompanied by the application fee.
● An appeal must state the grounds upon which it is based.
● An appeal must alos be served on the Responsible Authority.
Notice of the appeal must be given in writing to all other parties to the appeal as soon as practicable after an appeal is lodged. An objector who appeals must give notice to the person who applied for the permit. An applicant who appeals must give notice to all objectors.
● Details about appeals and the fees payable can be obtained from the Victorian Civil and Administrative Tribunal.
For an Objector:
● If the applicant appeals against this decision, the applicant must give notice in writing to all objectors as soon as practicable after an appeal is lodged. Objectors will be invited to any appeal hearing.