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Colquhoun & Ors v Yarra CC.

Country/Territory
Australia
Type of court
National - lower court
Date
Oct 21, 2010
Source
UNEP, InforMEA
Court name
Victorian Civil and Administrative Tribunal
Seat of court
Melbourne
Judge
Code
Read.
Reference number
[2010] VCAT 1710
Language
English
Subject
Land & soil, Legal questions
Keyword
Land-use planning
Abstract
This case relates to a significant residential development proposed for Victoria Street, Abbotsford, on the so-called 'Honeywell site', which is in the Victoria Street Major Activity Centre and the Victoria Street East Precinct, where more intensive development is encouraged and is occurring. It also adjoins and includes a sensitive interface with the Yarra River and riverside public land incorporating the Capital City Trail. The development is significant and comprises 586 dwellings in a complex comprising three towers of eleven, nine and nine storeys. A four to five storey podium joins these towers. The three towers are each rectangular but are aligned so that their narrow sides face the Yarra River. A ground level pedestrian link divides the complex and provides public access between Victoria Street and the Yarra River. Along this link there is some commercial activity, including restaurants and cafes. The development includes a pontoon in the Yarra River with ramp and stair access to the link, across the Capital City Trail. The Tribunal considered Applications by Boroondara City Council, the Yarra River Action Alliance Inc, the Protectors of Public Lands Victoria Inc and some Kew residents who all opposed various aspects of the development. All sought lower tower heights, but by varying amounts. Some also sought greater building setbacks from the Yarra River. The Tribunal found that the three towers of eleven, nine and nine storeys, above a podium, and with a pedestrian link to the river is consistent with State and local policy and should be approved. The upper levels of the stage 1 tower facing Victoria Street must be recessed for streetscape reasons. Each of the towers is consistent with the planning scheme’s river corridor objectives and further recessing from the river is not required. The podium setback of around 10 m from the river corridor crest line is satisfactory provided the first 5 m is set aside for landscaping to enhance the river corridor. A permit has been granted for development on the Honeywell site. The Tribunal supports, in principle, the proposed river pontoon and associated riverside works, but cannot, in law, grant a permit for these works until a cultural heritage management plan is approved.
Full text
COU-156710.pdf