After being twice rejected, it was a case of third-time-lucky for a proposed trio of double-storey townhouses in Noble Park.
Victorian Civil and Administrative Tribunal (VCAT) member Seuna Byrne on 9 July approved the permit on the 638-square-metre site at 34 Shepreth Avenue.
This was despite Greater Dandenong Council’s objections including traffic, landscaping and neighbourhood character – particularly for the proposed two-storey dwelling at the rear.
In 2023, VCAT and the council had both refused to grant a permit.
On that occasion, VCAT rejected the proposed two driveways for the site and lack of landscaping.
In September 2024, councillors voted down a planning officer’s recommendation to approve the revised proposal despite being warned it was “highly likely” to succeed at VCAT.
Councillor Sean O’Reilly argued the proposal was an “over-development” despite being “technically compliant in some respects”.
“We all know the likelihood of this application succeeding at VCAT but we need to send a signal from this council that an application that may be seen as excessive and an overdevelopment will not just go through this council with zero friction.”
Councillor Phillip Danh, in support of a permit, noted that the issues raised by the initial tribunal ruling had been addressed in this new application.
“I’m concerned a rejection of the proposal tonight will expose council, ratepayers and residents to extra legal costs, especially as legal consideration of over-development…would not even be considered if this was to go to VCAT again.”
And indeed, VCAT member Byrne noted that the proposal had since meaningfully changed and “corrected” the initial VCAT concerns.
The new proposal had a single shared driveway, car parks hidden in the interior of the site, a larger front setback, more garden beds and greater separation between two of the townhouses.
Five canopy trees up to seven metres tall would be planted.
The proposal fitted the preferred neighbourhood character for the ‘incremental change area’, which allows for medium-density development, Byrne found.
The neighbourhood of largely 1950’s single-storey houses had also developed since 2023, including a three-dwelling development on a nearby site.
The area didn’t have substantial planting or canopy trees, with a next-door Norfolk Island Pine tree recently removed.
