A planning loophole has allowed for a controversial four-storey high-density residential complex at 220 Chapel Road, Keysborough.
Greater Dandenong Council unanimously supported the 21 townhouses and 89 apartments with shops on 9 December, ahead of an upcoming VCAT compulsory conference and hearing.
Objectors had raised issues with traffic, vegetation loss and neighbourhood character.
Under the zoning ‘loophole’, the site on the corner of Hutton and Chapel roads is in Commercial Zone 1 – an area intended for retail buildings up to four storeys high.
Councillor Matthew Kirwan conceded it was an unpopular “over-development”.
“Many residents will understandably not like it – I certainly don’t.
“But the developer has unfortunately but legitimately found a loophole in our planning scheme.”
The proposal was a “significant improvement” on the original version of 150 four-storey dwellings with all native vegetation razed, Cr Kirwan said.
Under the amended design, there are less dwellings and bulk. Nineteen River Red Gum trees are retained.
At the site’s boundaries, the dwellings have been scaled down to two storeys or three storeys.
The four-storey buildings will be “centralised” in the site.
“After protracted council officer and VCAT negotiation over the last two years we are not going to get better than this,” Cr Kirwan said.
Acting city planning director Brett Jackson said it was “potentially likely” that VCAT would approve the latest version.
According to a council report, Greater Dandenong’s transport department had no concerns about the impact on local traffic volumes.
The majority of the native vegetation on the site would be protected, the report stated.
The applicant was listed as planning consultant SJB Planning, on behalf of an unnamed developer.
