Tuesday, August 25, 2009

VCAT decision on 18 Lyons St

This is an extract from a VCAT decision on 18 Lyons St, one street back from Bay St, for a three storey development that will replace this single storey house. The rationale for the member's decision is given below.

  • 'Because 18 Lyons Street is within the Bay Street neighbourhood, it is also subject to the opportunities and constraints of being adjacent to an activity centre. The opportunities are all the shops, restaurants and other community facilities available to the occupiers of the site. The constraints are that the same level of amenity as exists further in the hinterland of the shopping centre cannot be expected to be maintained on this site in this street. It is logical to extend this to intensity of development. Overall, the policies of Urban Consolidation in the planning scheme promote more intensive developments close to activity centres.

  • I believe that the overall urban consolidation policies certainly hold more weight here than the local policy expectations. That does not mean that there should be encouragement of major intensification of this seemingly highly liveable enclave, but it should be recognised that there would be an intensification of development such as is proposed for this particular site.

  • The fact that this is a three storey building is not fatal as there are a number of three and four storey buildings within the residential and commercial enclave. The fact is that this has been designed with greater awareness of the need to protect amenity than the others.

  • In relation to Rescode, just because the proposal does not comply with a number of standards does not mean that it is unacceptable. Conditions being developed by the parties will determine further changes that need to be made to this decision

  • Respect does not mean more of the same. In my view, this proposal respects the wider neighbourhood character that I have described in this decision'

The Tribunal directed that the overall building height be reduced by 350mm from 9.25m to 8.9m, incorporating first and second floor level ceiling heights of 2.55m and 2.4m respectively;

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