Whitehorse City Council

Amendment C153

Amendment C153 - combined planning scheme amendment and planning permit application for 15-31 Hay Street Box Hill South

A request was submitted by Canaan Holdings Pty Ltd to Council to consider a combined planning scheme amendment and planning permit application under section 96A of the Planning and Environment Act 1987. At its meeting on 17 February 2014, Council resolved to consider the application for a planning permit concurrently with the preparation of the planning scheme amendment, and exhibit the planning scheme amendment and planning permit together for community feedback.

Planning Scheme Amendment C153 proposed to rezone land at 15-31 Hay Street in Box Hill South to a combination of the General Residential Zone (GRZ) and Residential Growth Zone (RGZ), and insert two (2) site-specific schedules to the GRZ and one (1) site-specific schedule to the RGZ. An Environmental Audit Overlay was also proposed. 

Planning Permit Application WH/2012/872 proposed development of the land for land for two or more dwellings, development and use land for a retirement village, and use of land for a food and drink premises (café), shop and associated buildings and works on land subject to inundation. The proposal would have seen dwellings built along the Hay Street frontage with apartments in the centre of the site and a lower density built form towards Gardiner’s Creek.

Council considered a report on the submissions received at its meeting of 21 July 2014 and resolved to refer the matter to an independent panel for its consideration. This is in accordance with the Planning and Environment Act 1987 which states that Council can change the amendment in the manner requested, refer the submissions and amendment to a Panel or abandon the amendment. As there were changes sought by submitters which could not be supported, the first option could not be considered. While the amendment can be supported on a strategic basis and there are submitters that support or do not object to the amendment, it should not be abandoned. Accordingly, the most transparent and fair method to enable all parties to have their comments assessed was for all submissions, the amendment and planning permit to be referred to an independent Panel for its consideration.

Panel Hearing

Council received the panel’s report on 17 November 2014. A copy of the report has been sent to those who presented at the Panel Hearing, and is available for download here:

pdf icon  Whitehorse Planning Scheme Amendment C153 and Planning Permit WH/2012/872 Panel Report 17 November 2014 (988.38kB)

Council considered a report about the panel’s findings on 16 February 2015 and following a rescission of their original decision, resolved to abandon the amendment at their meeting of 16 March 2015. However, after Council's meeting of 16 March 2015, the applicant applied to the Victorian Civil and Administrative Tribunal (VCAT – VCAT Reference P619/2015) appealing against Council’s decision to rescind its original decision and its decision to abandon the amendment. VCAT found that Council failed to comply with section 31 of the Planning and Environment Act 1987 by not submitting the adopted amendment to the Minister for Planning, and directed that it be submitted to the Minister with the prescribed information. 

The Minister for Planning has subsequently decided to rezone all of the land to the General Residential Zone (Schedule 5) only and refuse the planning permit application. This decision means that the current or future owners of the site will have to apply for a planning permit to develop the land. The new zoning came into effect on 19 May 2016, when the notice of approval was published in the Government Gazette, concluding the amendment process.

Document Library

Amended Planning Permit – provided by the Proponent on 4 September 2014

Architectural Plans – provided by the Proponent on 4 September 2014

Landscape Plans – provided by the Proponent on 4 September 2014

Expert Witness Statements

Amendment Documents

Planning Permit Documents 

If you have any questions about the amendment please contact Andrea Skraba on 9262 7586. 


Privacy Statement

Any personal information you may include in any submission to Council on the Amendment is collected for planning purposes in accordance with the Planning and Environment Act 1987. The public may view the submissions whilst the Amendment is being considered. In accordance with the “Improving Access to Planning Documents” Practice Note dated December 1999, a copy of your submission may be made available upon request. If you fail to provide this information your comments may not be considered. You may access this information by contacting Council on 9262 6303.