VCAT affirms Council decision

28 November 2006

Manningham Council is delighted that the Victorian Civil Administrative Tribunal (VCAT) has upheld the previous decision of Council and given the go ahead to a nine storey residential hotel at 682 Doncaster Road.

On 20 November 2006, VCAT disallowed an appeal by objecting residents against Council’s resolution to issue a Planning Permit for the construction of a 140 Hotel Rooms, Function Centre and Restaurant. The permit also included flags and signage, alterations to a vehicle access and a reduction in the car parking requirement.

The permit will now include one additional condition which will clarify the break up of patrons between the restaurant and the function centre.
Manningham Mayor Cr Patricia Young said Council is happy that their decision has been affirmed.

“The application is for a luxury hotel that is in keeping with the mixed use of the precinct, with residential, restaurant and function facilities that will cater for future visitors to Manningham and bring extra business to local businesses within the precinct.”

“The VCAT decision is another step forward in the long term plans for Doncaster Hill and a wonderful decision that will allow work to commence on what will be a significant development in this precinct.”

In determining the application the VCAT made the following statements:

• The proposal supported both the State and Local Planning Policy noting in particular “The strategic documents for the Doncaster Hill Activity area are reinforced by sophisticated and extensive statutory planning provisions…” and that the proposal “produces a mix of uses which is clearly anticipated in local policy…”.
• With regards to the issue of the height, scale and setback of the building the Tribunal stated that the proposal “responds to the detailed set of planning outcomes sought by Council and achieves a very high level of compliances with all of the aims of the local planning policy that must be considered…”
• In relation to Car Parking, the Tribunal affirmed the Council’s position stating that the “responsible authority was correct to allow a dispensation to the extent that it did”. The Tribunal did not find any evidence that the proposal would rely on car parking off-site.
• Likewise the Tribunal dismissed any concerns regarding the increase in traffic on Doncaster Road and found no credible evidence that this development would have any impact on traffic in the local surrounding streets.