Update 18/09/2019: Have Your Say

Hello Everyone.

You have until Next Wednesday, the 25th September to lodge objections to the revised development proposed for 1-5 Tiuna Grove Elwood.  The decision whether or not to approve this will now be made by VCAT and to object you must lodge a Statement of Grounds.  Even if you have previously objected to Council or to VCAT on this matter, it will not be considered unless you lodge a new Statement of Grounds.  Please have your say on this important decision that will affect the treatment of future development in the Heritage areas and Neighbourhood Residential Zones (NRZ) in the City of Port Phillip.

You can get the statement of grounds form here:

Statement of grounds-form

The VCAT reference for this application is P214/2019. 

Copies of your Statement of Grounds must be sent to the solicitor representing the applicant, the City of Port Phillip and to VCAT.  The copy lodged with VCAT should indicate that copies have been served on the applicant and the Council.

Detail of the proposal and related information can be found on the Council website:

Revised Proposal

The statement of Grounds can be lodged via email.  The relevant email addresses are:

VCAT:                admin@vcat.vic.gov.au

Applicant:          planning@minterellison.com

Council:             matt.spencer@portphillip.vic.gov.au

If you wish to appear and present your submission to the Tribunal (or have it presented by your representative), you must tick the appropriate box on the Statement of Grounds form and pay the appropriate fee ($20.70 or $10.40 for health card holders).  Payment details are contained on the form.  If you do not wish to appear but simply want VCAT to consider your objection then there is no payment required.

Failures of this Proposal

No 3 and 5 Tiuna Grove are in a heritage (HO8) zone, a consequence of the interim protection afforded them by Minister Richard Wynne.  The process to make this listing permanent is currently underway by council and is scheduled to be completed by June next year.  This revised proposal makes a token acknowledgement of this new paradigm by retaining the facades and the front rooms of these buildings but largely ignores the demands of the heritage listing.

• It would result in the demolition of the major part of these buildings (including the celebrated Red Room of no 3 that has been the subject of previous posts on this petition).  This, despite the fact that the expert opinion relied upon by council in their application for protection found them to be fine and relatively intact examples of twentieth century bungalows and are of significant value to the HO8.
• It ignores the minimal growth status of the HO8 zone (clause 21.05 of the Planning Scheme) and instead increases the density of dwellings on these two properties by 200%
• The depth of the properties 3 and 5 are significantly reduced and a massive building at no 1 wraps around the rear along the lane boundary of the three lots, with a length in excess of 50m.  This ignores the stated objective to protect the original subdivision patterns within heritage places (clause 21.05-1.2 of the Planning Scheme) as well as the objective to conserve, enhance and recover the traditional character of laneways and narrow streets in heritage areas (clause 21.05-1.10 of the Planning Scheme)
• It is the policy of the City of Port Phillip that for a major development site containing a significant or contributory heritage place that is to be retained, the new development respects the scale and setting of the heritage place whilst responding to the prevailing building scale of the heritage overlay (clause 22.04-3 of the Planning Scheme).  The new development at no 1 Tiuna dwarfs and wraps around heritage listed buildings at 3 and 5, which are relegated to postage stamp blocks

This proposal with its massive building (in excess of 50m length) along the lane boundary, abjectly fails to meet the neighbourhood character tests of the NRZ (neighbourhood residential zone), which seeks to maintain the distinctive garden suburban character including larger lot sizes with generous front and side setbacks and is an entirely inadequate response to the demands of the heritage listing by the Honourable Minister in July.

Please lodge your objection to it before 25th September 2019.