VCAT Watch articles

Overshadowing restriction for park

By Mark Marsden VCAT has again supported both the City of Melbourne and Minister for Planning in ensuring that new skyscrapers in the southern part of the CBD do not overshadow Birrarung Marr. The case, 63 Exhibition Street Pty Ltd v Minister for Planning [2018] VCAT 861, went to mediation at the tribunal in December

Fight for sign lost in Supreme Court 

By Mark Marsden, Victorian Planning Reports Big outdoor advertising company, Octopus Media, has lost its fight in the Supreme Court to erect a new electronic sign on the rooftop at 500 Flinders St. It was reported in the March edition of CBD News that Octopus Media failed to win VCAT support to erect the new

Drawing a line in the sand: no more overshadowing at Birrarung Marr 

By Mark Marsden, Victorian Planning Reports Birrarung Marr is one of the city’s relatively new green spaces along the banks of the Yarra River that fulfils a number of different roles, including events, active and passive recreation. The closest high-rise buildings to Birrarung Marr are on the north side of Flinders St. These buildings are

Tribunal knocks back redevelopment of Flagstaff House

Flagstaff House is a “B” graded heritage building located opposite the Flagstaff Gardens on the corner of Batman and and King streets.  It was designed by Yuncken Freeman Architects in 1955 and developed for its office. It was considered a prototype building for subsequent “International Style” heritage buildings by Yuncken Freeman in Melbourne, most notably

Melbourne’s new built form controls – an end to hyper density?

Melbourne’s high-rise boom has resulted in higher density in parts of the city than other mega cities like New York and Hong Kong.  Amendment C270 to the Melbourne Planning Scheme, approved by the Minister before Christmas, seeks to rein this in. The amendment introduces new built form controls that impose new limits on building height,

Minister gives mixed signals on apartment sizes

In a recent VCAT case, Port Melbourne Land Custodians Pty Ltd v Minister for Planning [2016] VCAT 1643, developers lodged an appeal against a decision by the Minister for Planning to refuse a number of amendments to a planning permit for a proposed multi-tower apartment development in Plummer St Port Melbourne. Interestingly, one of his

Picking your decision-maker: Forum Theatre loses Supreme Court appeal

The Supreme Court has dismissed an appeal lodged by developers of the Forum Theatre that VCAT erred by ruling that the responsible authority for their proposed development was the City of Melbourne, and not the Minister for Planning. A single planning permit application had been made to renovate the Forum Theatre site at 150-162 Flinders

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