170 The Avenue Planning Application Summary
28th October 2024
Friends of Merri Creek and Merri Creek Management Committee objected to the advertised application. We shared the alarm of local residents and parkland users that the public parkland link and access along the public path might be lost if the advertised plans were implemented.
We highlighted the inaccuracy and uncertainties of the current plans and the changes resulting from the Melbourne Water 20m setback requirement, which arrived late in the process and fortunately increased the building setback by about 5 metres. These inaccuracies included under-estimating the afternoon overshadowing across the creek path.
Seven objectors spoke at the Merri-bek Planning and Related Matters Council Meeting on Wednesday, 23rd of October, but Council was unmoved by our proposed setback to the upper level built form, to reduce over-shadowing of the walking track, and granted the permit. Council did agree to keep the two large radiata pines at the eastern end of the site, which provide a food source for Yellow tailed black cockatoos. Council arborists and planners were recommending removal.
This process highlighted several issues which should be pursued in future with the council:
- Clarify- what extent of set back from the creek is acceptable? Should it be 20, 30 or 50 metres? Should it be from the centre of the Creek, water’s edge or the top of the steep bank? Melbourne Water changed their required setback from 20m from the centre of the Creek to 20m from the water’s edge (in this case the private land boundary);
- strengthening the Development Guidelines for private developments along the Merri Creek, specifically, to forbid shadowing of the creek and public pathways; and
- council being more pro-active about seeking land either by acquisition, or by negotiation, with property owners or developers.
The good news is that, barring a VCAT appeal and a change to the Melbourne Water setback, the applicant will transfer 450m2 of land along the creek to council as part of their Public Open Space contribution, required by all multi-unit subdivisions. This will create a 15m wide strip of public land between the creek and the new development. Once complete this should guarantee the walking path will stay open, provided this development proceeds….
Many thanks to all involved in objections to this controversial application.
