148 Oriel Road, West Heidelberg
Council: Banyule City Council
Location: 148 Oriel Road, West Heidelberg
Development Summary: Use and construction of a four bay car wash and pet wash facility
Key Issues: Constructing a long term car wash on a site Council had earmarked for the construction of a library in an Urban Design Framework dated 2005
Contact: Sam D'Amico
Ratio Consultants was engaged to provide town planning advice to develop a former car yard into a car and pet wash facility within the Bell Street Mall precinct
The Challenge:
The greatest hurdle in this application was Council's reluctance to issue a planning permit due to an Urban Design Framework (UDF), which had been adopted in 2005, earmarking the site for the potential location of the Banyule Council Library.
The UDF was not a policy document, reference document or incorporated within the Banyule Planning Scheme and no steps had been taken to do so. As such, the UDF had not been scrutinized by an independent Panel and was not considered a ‘seriously entertained planning document'.
The Approach:
Although Council was not willing to support the long term use of the land for a car wash Ratio was able to negotiate with Council for the initial issue of a planning permit, albeit with a condition requiring the use cease in 5 years.
A VCAT hearing was required to contest the expiry provision contained within the permit.
The Result:
The Tribunal found that the UDF was not a seriously entertained planning document and directed that a planning permit be issued with no expiry date for the use of the land.