While we achieved a victory with the council ultimately rejecting the development, the fight continues as the applicant has now lodged an appeal at VCAT. Dates to note are:
Compulsory Conference:
When: 10am - 1pm, 14 May 2024
Where: VCAT Melbourne, 55 King Street, Melbourne, VIC 3000

Standard Cases Hearing:
When: 10.00am - 4.30pm, 19 July 2024
Where: VCAT Melbourne, 55 King Street, Melbourne, VIC 3000

The council rejected the development on the following terms so there are good grounds to negotiate changes:
1. The proposal does not adequately respond to the preferred neighbourhood character of the area contrary to Clause 22.02 (Neighbourhood Character) of the Darebin Planning Scheme and the Neighbourhood Character Guidelines (Precinct F4 Post-war, in regard to:
a. The proposed side setbacks are not in accordance with the predominant setback pattern within the street, therefore, the proposal does not maintain and reinforce the existing rhythm of spacing between dwellings
b. The rear secluded private open space areas of each dwelling are unable to accommodate large canopy trees due to minimal setback from the rear boundary and the dominance of paving and pools (and associated equipment and shower.
c. The inclusion of two (2) driveways and an additional crossover to Collins Street resulting in excessive paving within the front garden areas and a dominance of car parking withing the front setback.
d. The upper levels are not set back to a substantial distance from the ground level front facade, contrary to the pattern of development in the street, resulting in unreasonable visual bulk impacts when viewed from the street and adjoining properties.
e. The dwellings are out of scale with adjoining buildings and will dominate the streetscape through the inclusion of a second-floor top terrace

2. The proposal is an overdevelopment of the site, is inconsistent with neighbourhood character and is contrary to Clauses 21.03-2 (Housing Development) and 21.03-4 (Character) of the Darebin Planning Scheme

3. The proposed accessways are not at least 3 metres wide, contrary to Clause 52.06-9 (Design Standard 1 - Accessways) of the Darebin Planning Scheme.

4. The proposed development does not comply with Standard B13 (Landscaping) at Clause 55.03-8 of the Darebin Planning Scheme, as it does not allow for an appropriate level of landscaping to be provided which respects the character of the neighbourhood.

5. The design and layout of the development may contribute to additional flooding of the drainage system, contrary to the objectives and standards of Clause 55.02-4 (infrastructure) of the Darebin Planning Scheme.

6. The limited opportunity for landscaping combined with the extent of driveway, paving and pool infrastructure results in stormwater management that does not meet best practice perfomance objectives for stormwater quality as contained in the Urban Stormwater Guidelines, 1999) and does not sufficiently contribute to cooling, improving local habitat and providing attractive and enjoyable spaces, contrary to the objectives and standards of Clause 55.03-4 (permeability and stormwater management) of the Darebin Planning Scheme

WHAT CAN YOU DO TO HELP?

LISTED OBJECTORS
If you have previously objected to the proposal in writing, you should have received a letter and are entitled to become a party to this proceeding. To do this you need to complete an online Statement of Grounds available at www.vcat.vic.gov.au/repondplanning and give a copy to the responsible authority (Darebin Council) mail to: mailbox@darebin.vic.gov.au and the applicant (c/o applicants representative, Planning & Property Partners Pty Ltd, Sue Zhang: bird@pppartners.com.au) no later than 8 February 2024

Submitting a statement of grounds is FREE unless you want to attend and then costs are: Individual objector $22.30 with Health Care Card $11.10
Fee info at vcat.vic.gov.au/fees

WRITE TO THE MINISTER OF PLANNING
Express your broader concerns directly to the Minister of Planning, Sonya Kilkenny at: sonya.kilkenny@parliament.vic.gov.au Your letters will emphasize the broader community impact and help us gain support at a higher level.

SUPPORT OUR LEGAL REPRESENTATION
Contact me to learn how you can assist in supporting our (fairly hefty) legal representation. Every bit of help counts, and your contribution will help make a significant difference.

RAISE AWARENESS BY SIGNING AND SHARING OUR ONLINE PETITION

If this development is approved, it sets a dangerous precedent for our local streets whereby:

• Planning laws will open the floodgates for incoming developers, transforming our street into a free-for-all.
• Bulky buildings with limited setbacks and four levels will dominate the landscape, impacting the neighborhood's character.
• Loss of amenity, overshadowing, and reduced street appeal will occur.
• Rental prices will be driven higher thus displacing residents
• Increased traffic will turn our road into a thoroughfare
• Increased safety risks for children walking to local primary and high schools