The applicant lodged a new proposal for a basement and ground floor restaurant with 12 1 and 2 bedroom apartments on 3 levels above that.Still with no parking and unresolved Issues with waste removal which make it unworkable for the village and we have lodged a strong objection.
Objection to Planning Application TP-2014-1084
The current position with 157-159 Domain Road is that although a permit to construct a three level building with a coffee shop on the ground floor and two restaurants above was approved by VACT subject to many conditions, no further steps have been notified to the City of Melbourne concerning compliance with any of those conditions.
The rumour is that the applicant is now considering different uses being a delicatessen on the ground floor and studio apartments on the first and second floors although nothing has been notified to Council and we have no other information.
However, it is not surprising, having regard to the issues and problems raised during the course of the contested application that the applicant has had to revise his plans.
You will remember that MSYRG spent a considerable amount of money opposing this application and indications are that it was money well spent as if such a change of use were to be the outcome the adverse impact upon the shopping centre and adjoining residents would be substantially if not wholly removed.
Matthew Guy, Victorian State Planning Minister, has stated that he has applied a cap on Licensed premises in South Yarra. We do not know the full details of the cap, which is a bit of a band-aid approach to planning ,but nevertheless a possible solution if properly applied.
Below is the VCAT ruling in relation to the 157-159 Domain Road development
Dated: 3 January 2014
Project Domain Pty Ltd v City of Melbourne
VCAT Member: Bill Sibonis
Comments:
The proliferation of restaurants and licences premises only serves to undermine the stated aim and obejctive of the Municipal Strategic Statement (MSS), Clause 21.08, Economic Development states:
There is a need to support the provision of local shops to serve the residential and working communities in local centres. A proliferation of eating and entertainment uses should not undermine the character and range of services offered in these local centres.
An objective is to support the Central City and local retail uses. A related strategy is:
Ensure that a proliferation of eating and entertainment establishments in local centres does not undermine the viability of their convenience retailing.
We would like to draw your attention to item 27 of the VACT determination which states: (Emphasis added)
A significant difficulty in implementing this strategy is the fact that the use of the land for a restaurant is not subject to a planning permit, given the Commercial 1 zoning of the land.
Under the provisions of the previously existing Business 1 zoning, there existed the ability to specify in the Schedule land upon which a restaurant use could not be established without a permit.
The Council had not nominated any land within the municipality in the Schedule.
With the change of zone, the ability to include this requirement has disappeared. As no permit is required for the use, it is difficult to understand how the strategy relating to the ‘proliferation’ of eating establishments can be implemented in a land use sense.
The regulatory tools necessary to give effect to the Council’s aspirations for this centre, as expressed in this specific strategy, do not form part of the suite of controls which apply in this case.
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