1 Ascot Vale Road Flemington

Update 21 January 2016 – Construction Management Plan

Icon Co Pty Ltd, the builder responsible for the construction phase, has formally asked to extend the finish time on Saturdays from 1pm to 3pm to reduce construction times by an estimated three months.

We sought feedback from residents and local businesses within the surrounding vicinity in September 2015. Having considered the merits of this matter along with community survey, we have decided to allow the extension to the Saturday working hours to 3pm from Saturday, 30 January 2016 subject to the following conditions:

  • The extended hours will be permitted until 23 May 2017. In the event the project is not finalised by this date, construction hours will be reduced to cease at 1pm on Saturdays.
  • Non-compliance against the approved Construction Management Plan and the conditions relating to the extension of Saturday works, may result in the extension of hours being withdrawn.
  • Consultation required with Victoria Racing Club (VRC), Melbourne Showgrounds and Vic Roads for traffic management and parking around major events and construction activities.                           

Our Planning Intervention and Enforcement Officer will be closely monitoring the site to ensure that relevant activities are carried out in accordance with the approved construction management plan.

If you have any concerns please contact Liz O'Farrell at LO'Farrell@mvcc.vic.gov.au or 9243 8789.

Update 23 April 2015

We have now formally endorsed the construction management plan and works at the site have recommenced.

Update 22 April 2015

We have been advised by VCAT that they have approved, with some minor refinements, the application to make further changes to the planning permit for the development at 1 Ascot Vale Road in Flemington.

We remain opposed to the development at 1 Ascot Vale Road and our submission to VCAT in December 2014 recommended refusal of these latest changes.

However in accordance with the VCAT decision, we have been directed to amend the planning permit in line with the conditional changes as specified with Clause 4 of the VCAT Order.

We have issued an infringement notice under the Planning and Environment Act 1987, for failure to comply to permit conditions regarding endorsement of a Construction Management Plan prior to works commencing.

Excavation has occurred on the south western boundary, which is considered to be outside of the usual 'pre works' of the site. We have therefore contacted the developer to request that works cease until a Construction Management Plan, currently being reviewed by Council officers, has been endorsed.

We will monitor the site to ensure no further works are undertaken until an endorsed Construction Management Plan is in place.

Going forward we will work closely with the developer to ensure the community is kept up to date regarding construction works.

Current VCAT application (October 2014 to 21 April 2015)

Council was informed that, in October 2014, an application was lodged directly to VCAT seeking further changes to the approved planning permit for 1 Ascot Vale Road, Flemington.

The VCAT Hearing took place over two days, on 28 and 29 January 2015. We have not yet been notified of VCAT’s decision on this matter, and have not been provided a time frame for when to expect this. We will update the community once VCAT has notified us of their decision.

VCAT application details

The changes sought include:

  • A reduction in ceiling heights and the ground floor height, resulting in an additional two floors within the previously approved building height, enabling a 23 storey building in lieu of 21 storeys, without an increase in the physical height of the building
  • An increase in the number of dwellings from 300 to 346
  • A decrease in the number of serviced apartments from 81 to 63
  • The removal of 24 car parking spaces
  • A reduction in the size of the food and drink premises
  • A new medical centre (100 square metres)
  • The removal of the restaurant associated with the serviced apartments 

The full Section 87A application is below.

We advised VCAT that the proposed changes may result in potential detriment and the community should therefore be afforded the opportunity to consider the changes and join the proceedings through public notification of the application.

VCAT directions hearing – 7 November

On Friday, 7 November a VCAT Directions Hearing took place to consider our request. The outcome of the Directions Hearing was as follows:

  • VCAT have ordered that limited public notification be given by way of notices issued to properties directly abutting to the north and those directly opposite on Ascot Vale Road. In addition, details of the Section 87A application are to be included on Council’s website (see below).
  • The Practice Day originally scheduled for 21 November 2014 has been rescheduled to 12 December 2014.
  • The VCAT mediation originally scheduled for 9 December 2014 has been vacated with the matter to proceed to a hearing as originally scheduled for 3 days commencing 28 January 2015.

Based on the above determination, the community was able to make a submission to VCAT. The deadline to make a submission was Friday, 28 November 2014.

VCAT Hearing – 28 and 29 January 2015

The VCAT Hearing for 1 Ascot Vale Road, Flemington took place over two days, on 28 and 29 January 2015.
We have not yet been notified of VCAT’s decision on this matter, and have not been provided a time frame for when to expect this. We will update the community once VCAT has notified us of their decision.

Council’s role

Council is not the decision maker in this instance; VCAT is the decision making body.

We are a participant in the process and as such have independently assessed the application. Council formed its view on the proposed changes at its Ordinary Council Meeting on Tuesday, 16 December 2014 and subsequently advised VCAT and all relevant parties of its position on the matter.

We also held two drop-in information sessions on 24 November 2014 for residents to gain a clearer understanding of what is proposed for the site, clarify Council’s status as a participant and obtain guidance on the process of objecting to the application through VCAT by the deadline of 28 November.

For further information residents can call Council Statutory Planning department on 9243 8888 or visit the Civic Centre, 9 Kellaway Avenue, Moonee Ponds during office hours (8.30am to 5.30pm Monday to Friday).

Section 87A VCAT application

  1. Section 87A Application – 1 Ascot Vale Road Flemington (pdf, 793KB)
  2. 1 Ascot Vale Road – copy of permit (pdf, 4567KB) 
  3. Amended plans – October 2014 VCAT application (Part A) (pdf, 5066KB)
  4. Amended plans – October 2014 VCAT application (Part B) (pdf, 5078KB)
  5. Amended plans – October 2014 VCAT application (Part C) (pdf, 4892KB)
  6. Amended plans – October 2014 VCAT application (Part D) (pdf, 5126KB)
  7. Amended plans – October 2014 VCAT application (Part E) (pdf, 4712KB)
  8. Summary of changes (pdf, 323KB)
  9. Urban Context Report (pdf, 1820KB)
  10. Copy of Title (pdf, 240KB)
  11. Previous VCAT decisions (pdf, 4785KB)
  12. Sustainable Management Plan (pdf, 917KB)
  13. Traffic Report (pdf, 1851KB)
  14. Waste Management Plan (pdf, 2106KB)
  15. Wind Report (pdf, 17KB)
  16. Landscape Plan (pdf, 4869KB)
  17. Comparison Views and Envelope (pdf, 4130KB)
  18. Endorsed Plans as stamped – July 2014 (Part A) (pdf, 3763KB)
  19. Endorsed Plans as stamped – July 2014 (Part B) (pdf, 3165KB)
  20. Permit tracked changes – October 2014 (pdf, 96KB)

Background information (October 2008 to July 2014)

Initial application – October 2008

On 30 October 2008 Council received a planning permit application for a mixed use development of 27 storeys comprising 281 apartments and retail space at 1 Ascot Vale Road in Flemington (corner Epsom Road, Racecourse Road and Ascot Vale Road).

In 2009 the application was the subject of an independent Priority Development Panel (PDP), a State Government process to help assess projects of state and regional significance.

Revised application – December 2009

Taking into account recommendations from the PDP, amended plans were lodged with Council on 22 December 2009 seeking approval for a 24 storey mixed use development comprising 226 dwellings, 99 serviced apartments and retail premises. Council advertised the application and received 155 objections.

However, the applicant appealed to VCAT on 10 May 2010 on the grounds of Council’s Failure to make a decision within the prescribed statutory time frame.

In June 2010 Council resolved that if it were in a position to determine on the application, its decision would have been to refuse to grant a permit, due to a range of concerns including:

  • height and visual bulk of the development
  • the impact on the streetscape and wider neighbourhood character
  • the detrimental impact on immediately abutting properties

VCAT approved application – July 2010

Whilst at VCAT and in light of the large number of objections, amended plans were received by Council on 19 July 2010, this time seeking approval for a mixed use development of 21 storeys comprising 219 dwellings, 92 serviced apartments, six home offices and retail premises (Food and Drink Premises, Convenience Shop and Restaurant).

In November 2010 VCAT ordered that a permit be granted for this application.

Amendments to approved plans – April 2014

In April 2014, VCAT supported an application to amend to the approved planning permit, despite Council’s opposition. The amendments included the following key changes:

  • Increase in the number of dwellings from 219 to 300
  • Reduction of serviced apartments from 92 to 81
  • An increase in parking from 379 to 427 spaces

On 9 July 2014 Council subsequently endorsed these plans in accordance with the VCAT direction.

Last updated: Monday, 10 December 2018, 9:49 PM