Current VCAT appeals

10-16 Selwyn Street Elsternwick – Proposed amendments to the planning permit currently under consideration at VCAT

On 5 March 2024, Glen Eira City Council received notice from the Victorian Civil and Administrative Tribunal (VCAT) that the permit applicant for 10-16 Selwyn Street, Elsternwick had filed an application to amend their permit (GE/DP-34187/2021/A), which currently allows for:

The demolition of existing buildings, the development of a podium and two towers over a multi-level basement comprising shops, a supermarket, a place of assembly, dwellings and the sale and consumption of liquor (packaged liquor), and the construction and display of advertising signage in accordance with the endorsed plans and with the following planning permissions:

• Use of the land for a shop and a place of assembly (function centre, hall, library, museum, restricted place of assembly (excluding gaming))
• Use of the land to sell or consume liquor
• To demolish buildings
• To construct two or more dwellings on a lot
• To construct a building and construct or carry out works
• To construct and display internally illuminated business identification signage

Background

Planning permit application number GE/DP-34187/2021 was originally lodged with Glen Eira Council in February 2021 and proposed a mixed use development on the land including supermarket, place of assembly and apartments. This application was refused by Council at an Ordinary Council meeting held on 10 August 2021, however this decision was appealed to VCAT. During the VCAT appeal process, the applicant amended their application and on 5 April 2022 Council resolved to support the amended proposal subject to conditions. Residents opposed to the application continued to oppose the amended plans. Following an 11 day hearing, VCAT determined to approve the application subject to conditions and a permit was ultimately issued on 13 September 2022.

Since the permit was granted, the applicant has submitted further amended plans as required by Condition 1 of the Permit and other supporting documents required by other conditions of the Permit such as the Acoustic Report, Landscape Plan, Landscape Management Plan, Loading Bay Management Plan, Public Lighting Plan, Sustainable Management Plan, Tree Protection Management Plan, Waste Management Plan and Wind Impact Assessment. All of these have been endorsed.

The permit has also been amended on 1 December 2023, to allow the applicant to prepare a Public Realm Management Plan before the development is completed, as opposed to before it starts. The latest permit reference number is therefore GE/DP-34187/2021/A.

Proposed amendments

It is proposed to amend the basement levels of the development as follows:

• The extension of the basement 1 (B1) level to the east to allow for a direct to boot area for the supermarket.
• The addition of car parking spaces in B1 (one space), B2 (two spaces), B3 (two spaces) and B4 (one space) for a total of six additional car parking spaces.
• Adjustment to the basement footprint in the south-west corner to provide for improved structural response to the retained heritage building;
• A slight reduction in the extent of the basement 4 footprint (the northern wall being shifted slightly to the south); and
• Minor internal layouts comprising:
  • The addition of a trolley bay in the north-east corner of B1;
  • The reduction of the store area next to the southern core and the relocation of the trolley bay as a result (B1, B2 and B3);
  • Adjustment to the retail bike storage area at B2 and residential bike storage area at B3 (no change to bike numbers);
  • Layout of storage cages in the corners of basement 4 altered.