43-57 Buckley Street, Seddon

Amended Proposal - February 2022

The permit applicant lodged an application with the Tribunal to amend the existing planning permit pursuant to s87a of the Planning and Environment Act 1987. The changes are sought to Building 1 only (in the north-western quadrant of the land) and key changes include the following:

• Increase in the total number of dwellings from 168 to 172.
• Increase in the net leasable floor area associated with the commercial tenancies from 829.1 to 1,520.4 square metres including combining retail area and extending the floor area for one larger shop with 'back of house' preparation area and a dedicated loading dock accessed from Arran St.
• An office and food and drink premises will also be provided.
• Consolidated vehicle access with Building 2 and removal of a crossover on Arran Street.
• Revised parking allocation, provision and layout.
• Modified built form, layout and design including removal of the podium level car parking and inclusion of basement parking, reconfiguration of the building entrance and location of commercial uses amongst other detailed design changes.

VCAT approved these changes and directed that an amended permit be issued allowing the above-mentioned changes.  

Approval - September 2019

The Victorian Civil and Administrative Tribunal (VCAT) pursuant to s 79 of the Planning and Environment Act 1987, considered the application at a four day hearing commencing on 5 August 2019. Council's position at the Hearing was that the development failed to meet key objectives and policies of the Maribyrnong Planning Scheme and as such should be refused.

VCAT issued its order on 11 September 2019 (a copy of which is available at the bottom of this page along with the plans considered) and decided to set aside Council's refusal.

What has been approved?   

VCAT decided to issue a planning permit to:

• use land for retail premise
• construct a building and construct or carry out works
• remove native vegetation
• reduce the minimum car parking requirement for residential visitors and to provide more than the maximum number of spaces for three bedrooms dwellings; and
• and alter an access to a road in a Road Zone, Category 1 (Buckley Street).

The development comprises four buildings generally containing commercial tenancies at ground floor and approximately 400 apartments above. Building 1, in the north-west quadrant, ranging in height from 3-8 storeys; Building 2, in the south-west quadrant, abutting the proposed park at 4 storeys in height; Building 3, in the south-east quadrant, ranging in height from 2-7 storeys; and Building 4, in the north-east quadrant, ranging in height from 3-11 storeys.

VCAT found that whilst the heights exceeded the preferred maximum height limit of 6 storeys, the size of the site, the variation of building heights and the provision of a significant sized parcel of land to be transferred to Council as public open space provides an acceptable development outcome for the site.

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