21 Murchison Street St Kilda East - City of Port Phillip

STATUTORY PLANNING COMMITTEE
17 APRIL 2012
1. EXECUTIVE SUMMARY
1.1. It is proposed to demolish the existing garage, partially demolish/alter the existing
dwelling and construct a two-storey addition to the existing dwelling, a deck and a
swimming pool at the rear of the site.
1.2. The application was advertised and 46 objections were received, mainly relating to
heritage impacts, neighbourhood character, building bulk and amenity impacts.
1.3. A planning permit is only required pursuant to Clause 43.01-1 of the Heritage Overlay.
Therefore, Council’s ‘ambit of discretion’ in this application is exclusively limited to the
impact that the proposed development would have on the heritage characteristics of the
Murchison Street streetscape. It is not possible to consider the character of the
‘backyard realm’ or the residential amenity of surrounding properties as confirmed by the
previous Tribunal decision relating to this site.
1.4. The proposed development would be consistent with heritage objectives expressed
within the State Planning Policy Framework. It would also comply with the City of Port
Phillip’s Local Planning Policy Framework, in particular the guidelines for ‘Additions and
or Alterations to Heritage Places’ outlined in Clause 22.04-3 of Council’s Heritage Policy.
1.5. The proposal would adhere to the relevant heritage considerations identified by Member
Sibonis in Martin v Port Phillip CC [2011] VCAT 787 relating to a previous application
(Planning Application No. 445/2010).
1.6. It is recommended that a Notice of Decision to Grant a Permit, subject to conditions be
issued for this application.
KEY ISSUES
1. Council’s ‘ambit of discretion’ in relation to a planning permit application triggered
solely by Clause 43.01-1 of the Heritage Overlay
2. Visual prominence
3. Heritage significance of the Murchison Street streetscape
2