10-16 Selwyn Street Elsternwick

Council has resolved to support an amended proposal for the Woolworths development at the upcoming hearing at the Victorian Civil and Administrative Tribunal starting 23 May 2022.

ABOUT THIS APPLICATION

Application number: GE/DP-34187/2021
Address: 10-16 Selwyn Street, Elsternwick

In February 2021, Council received a planning permit application from Fabcot Pty Ltd for part demolition of the site and construction of a 10 storey mixed use development comprising a supermarket, café, retail premises, place of assembly and dwellings. The application involved:

  • Demolition of all the buildings on the land except for the former Fire Station building.
  • Construction of mixed use development consisting of a two storey podium and two separate towers rising to nine and ten storeys in height. It will also include four basement levels.
  • Use of the land for a supermarket, café, retail premises, bottle shop, place of assembly and 154 apartments.
  • Provision of 419 car parking spaces - being in excess of required number under the Glen Eira Planning Scheme.
  • Provision of 138 bicycle parking spaces - being in excess of the required number under the Glen Eira Planning Scheme.
  • Vehicle access is direct onto Selwyn Street with one entrance lane and one exit lane.
  • Loading bay facilities for the supermarket is direct onto Sinclair Street.
STATUS OF THE APPLICATION

On receiving the application, Council undertook a series of actions. These are outlined under Steps in the Planning Process, on this page.

A recommendation was presented at the Ordinary Council Meeting on 10 August 2021. Council resolved to issue a Notice of Decision to Refuse to Grant a Permit. The grounds related to the scale and design of the southern tower, particularly the impact of its visibility from Glen Huntly Road and its impact on heritage significance of the area. The other key issue was that the proposal sought to have vehicle traffic drive south along Selwyn Street and that the volume of traffic would impact this being a cultural precinct.

As part of the process, the application was advertised and over 250 submissions were received mostly objecting to the proposal.

The permit applicant, Fabcot Pty Ltd, appealed Council’s decision to the Victorian Civil and Administrative Tribunal (VCAT). A Compulsory Conference was held on 16 December 2022 and whilst settlement was not reached at the Compulsory Conference, the applicant subsequently made a without prejudice offer to Council to address Council’s refusal grounds.

At the 15 March 2022 Council meeting, Council resolved to support a set of without prejudice amended plans. Due to the without prejudice nature of the amended plans, the matter was determined as a confidential item. Following the permit applicant publicly announcing the formal substitution of the without prejudice plans, Council then resolved to make the report and amended plans public at the 5 April 2022 Council meeting. This had the consent of the permit applicant. More information on this process can be found on pages 8 to 176 of the Council meeting minutes.

The amended plans have now been circulated to all parties and formally submitted to VCAT. The amended plans address Council’s refusal grounds and present an improved interface to Glen Huntly Road by reducing the height and scale of the southern tower and improved façade design. Council is satisfied that the historical significance of the surrounds will not be adversely impacted and traffic impacts can be appropriately managed. People that are not currently a party to the appeal can lodge a Statement of Grounds to VCAT before 6 May 2022 requesting to be joined as a party.

Council will now support the amended proposal at the upcoming hearing starting on 23 May 2022 for 11 days. It is important to highlight that Council has not issued a planning permit. VCAT will decide whether or not to issue a planning permit and all parties will have an opportunity to have their position considered by the Tribunal as part of the decision making process.

More information about the recommendation to Council can be found on pages 27-102 of the Council Meeting Agenda and Council’s resolution can be found on page 14 of the Meeting Minutes.

BACKGROUND TO THE APPLICATION

This was not the first application by Fabcot Pty Ltd to develop the land at 10-16 Selwyn Street, Elsternwick. In February 2019, Council refused a proposed mixed use development of up to 14 storeys in height including a supermarket, place of assembly, retail premises and apartments.

This decision was appealed to the Victorian Civil and Administrative Tribunal (VCAT) who upheld Council’s refusal and considered that the proposal was not an acceptable fit for the area. VCAT however identified aspects of the proposal that were acceptable.

The recent proposal incorporates a number of the features that VCAT considered to be acceptable.

A copy of the VCAT decision is available at this link.

THE PLANS AND SUPPORTING INFORMATION

The following plans and documents have been updated and circulated to all parties and affected people. These are the plans and documents that VCAT will consider at the hearing:

The plans and reports for the application that were the basis for Councils decision to refuse the refuse the application are below:

The following information was submitted with the initial application and have been provided for context. They are useful in understanding the changes that have been made.


WHAT DID COUNCIL CONSIDER WHEN MAKING A DECISION?

The Glen Eira Planning Scheme identifies the different planning controls that affect the land. Under the provisions of the Glen Eira Planning Scheme, a planning permit is required:

These controls provide a series of 'decision guidelines' that Council must consider as part of its assessment. The decision guidelines also require Council to consider matters including the Planning Policy Framework included in the Glen Eira Planning Scheme.

Council is not responsible for considering whether the works to the existing Fire Station building are appropriate from a heritage perspective. The Fire Station building is included on the Victorian Heritage Register and Heritage Victoria is the Responsible Authority for considering whether the works to the Fire Station are appropriate through a separate application process.

(External link)

Council has resolved to support an amended proposal for the Woolworths development at the upcoming hearing at the Victorian Civil and Administrative Tribunal starting 23 May 2022.

ABOUT THIS APPLICATION

Application number: GE/DP-34187/2021
Address: 10-16 Selwyn Street, Elsternwick

In February 2021, Council received a planning permit application from Fabcot Pty Ltd for part demolition of the site and construction of a 10 storey mixed use development comprising a supermarket, café, retail premises, place of assembly and dwellings. The application involved:

  • Demolition of all the buildings on the land except for the former Fire Station building.
  • Construction of mixed use development consisting of a two storey podium and two separate towers rising to nine and ten storeys in height. It will also include four basement levels.
  • Use of the land for a supermarket, café, retail premises, bottle shop, place of assembly and 154 apartments.
  • Provision of 419 car parking spaces - being in excess of required number under the Glen Eira Planning Scheme.
  • Provision of 138 bicycle parking spaces - being in excess of the required number under the Glen Eira Planning Scheme.
  • Vehicle access is direct onto Selwyn Street with one entrance lane and one exit lane.
  • Loading bay facilities for the supermarket is direct onto Sinclair Street.
STATUS OF THE APPLICATION

On receiving the application, Council undertook a series of actions. These are outlined under Steps in the Planning Process, on this page.

A recommendation was presented at the Ordinary Council Meeting on 10 August 2021. Council resolved to issue a Notice of Decision to Refuse to Grant a Permit. The grounds related to the scale and design of the southern tower, particularly the impact of its visibility from Glen Huntly Road and its impact on heritage significance of the area. The other key issue was that the proposal sought to have vehicle traffic drive south along Selwyn Street and that the volume of traffic would impact this being a cultural precinct.

As part of the process, the application was advertised and over 250 submissions were received mostly objecting to the proposal.

The permit applicant, Fabcot Pty Ltd, appealed Council’s decision to the Victorian Civil and Administrative Tribunal (VCAT). A Compulsory Conference was held on 16 December 2022 and whilst settlement was not reached at the Compulsory Conference, the applicant subsequently made a without prejudice offer to Council to address Council’s refusal grounds.

At the 15 March 2022 Council meeting, Council resolved to support a set of without prejudice amended plans. Due to the without prejudice nature of the amended plans, the matter was determined as a confidential item. Following the permit applicant publicly announcing the formal substitution of the without prejudice plans, Council then resolved to make the report and amended plans public at the 5 April 2022 Council meeting. This had the consent of the permit applicant. More information on this process can be found on pages 8 to 176 of the Council meeting minutes.

The amended plans have now been circulated to all parties and formally submitted to VCAT. The amended plans address Council’s refusal grounds and present an improved interface to Glen Huntly Road by reducing the height and scale of the southern tower and improved façade design. Council is satisfied that the historical significance of the surrounds will not be adversely impacted and traffic impacts can be appropriately managed. People that are not currently a party to the appeal can lodge a Statement of Grounds to VCAT before 6 May 2022 requesting to be joined as a party.

Council will now support the amended proposal at the upcoming hearing starting on 23 May 2022 for 11 days. It is important to highlight that Council has not issued a planning permit. VCAT will decide whether or not to issue a planning permit and all parties will have an opportunity to have their position considered by the Tribunal as part of the decision making process.

More information about the recommendation to Council can be found on pages 27-102 of the Council Meeting Agenda and Council’s resolution can be found on page 14 of the Meeting Minutes.

BACKGROUND TO THE APPLICATION

This was not the first application by Fabcot Pty Ltd to develop the land at 10-16 Selwyn Street, Elsternwick. In February 2019, Council refused a proposed mixed use development of up to 14 storeys in height including a supermarket, place of assembly, retail premises and apartments.

This decision was appealed to the Victorian Civil and Administrative Tribunal (VCAT) who upheld Council’s refusal and considered that the proposal was not an acceptable fit for the area. VCAT however identified aspects of the proposal that were acceptable.

The recent proposal incorporates a number of the features that VCAT considered to be acceptable.

A copy of the VCAT decision is available at this link.

THE PLANS AND SUPPORTING INFORMATION

The following plans and documents have been updated and circulated to all parties and affected people. These are the plans and documents that VCAT will consider at the hearing:

The plans and reports for the application that were the basis for Councils decision to refuse the refuse the application are below:

The following information was submitted with the initial application and have been provided for context. They are useful in understanding the changes that have been made.


WHAT DID COUNCIL CONSIDER WHEN MAKING A DECISION?

The Glen Eira Planning Scheme identifies the different planning controls that affect the land. Under the provisions of the Glen Eira Planning Scheme, a planning permit is required:

These controls provide a series of 'decision guidelines' that Council must consider as part of its assessment. The decision guidelines also require Council to consider matters including the Planning Policy Framework included in the Glen Eira Planning Scheme.

Council is not responsible for considering whether the works to the existing Fire Station building are appropriate from a heritage perspective. The Fire Station building is included on the Victorian Heritage Register and Heritage Victoria is the Responsible Authority for considering whether the works to the Fire Station are appropriate through a separate application process.

(External link)

Page last updated: 27 Apr 2022, 05:12 PM