The Victorian Civil and Administrative Tribunal (VCAT) has granted a permit in accordance with the conditions set out in Appendix A of its published decision. The permit allows the use and development for a residential hotel and conference centre, associated liquor licence and waiver of car parking requirements in accordance with the endorsed plans.
While many local residents may be disappointed by this outcome, there are some substantial improvements now required to the original plans.
- Parking spaces increased from 47 to 83
During the hearing the Applicant submitted revised plans with a substantial increase in parking on site from 47 to 83 places. While acknowledging this increase the FCA expressed our concern before the Tribunal that any overflow parking will occur on nearby streets, adding to the already tight parking situation in the village.
- Break of 8 metres to be made in the Cook Street frontage
“We find that a break in the built form of at least 8 metres that aligns generally with the internal separation of the residential hotel and the conference centre will provide an acceptable visual separation, allow for visibility of landscaping between buildings and avoid a dominating façade.” (VCAT Tribunal decision)
The FCA considers that this modification would go some way to addressing our concern about the planned excessive built facade along Cook Street, making a slightly less dominating frontage.
- Increased ground floor setback from boundary of Barker Street properties
The original proposed northern boundary setback with 25A and 25B Barker Street was 2.8 metres. This is to be increased to 4 metres at ground level.
Background
In July 2020 an email/letter was sent to all FCA members drawing attention to the proposed redevelopment of the Flinders Cove Motor Inn at 28-30 Cook Street Flinders.
The Planning Application described in detail the intention to demolish the existing Flinders Cove Motor Inn and replace it with a residential hotel with associated conference facilities. The hotel is zoned Residential 1; within this area the proposed use requires a permit.
An appeal was lodged with VCAT by the developers of the Flinders Cove Motel following Mornington Peninsula Shire’s failure to determine the application within the prescribed timeframe.
The FCA Committee decided to be represented at the Appeal, and lodged a Statement of Grounds as shown below:
FCA Statement of Grounds – VCAT Appeal P1462/2020
- The proposal is an overdevelopment, representing significant expansion and intensification of use on the site.
- The development does not adequately respond to the Flinders Village Centre Design Guidelines and DDO14.
- The development fails to meet DDO2 and expectations for planning in the General Residential zone particularly in respect to setbacks, streetscape and village amenity.
- The built form of the development dominates the environment presenting a massive change to the Wood Street frontage of the site.
- The development fails to maintain views to the landscape within and from Cook Street and incorporate generous vegetation.
- The development provides insufficient parking and seeks to borrow parking space from elsewhere to cover this deficiency.
- Mechanical infrastructure such as air conditioning units and exhaust fans may be prejudicial to the amenity of neighbouring residents by reason of noise and effluvia.
- The development capitalises on the amenity and beauty of Flinders without contributing benefit to the village from the viewpoint of its residents.
This statement of grounds was placed on the FCA website for the information of members.
The VCAT Tribunal heard this matter via Zoom on 29, 30 & 31 March, 1 & 6 April, and 31 May 2021. Jo Monie and Neville Wale represented the FCA.
The Tribunal circulated its decision on 26 August 2021. In essence a permit is granted which allows the use and development for a residential hotel and conference centre, associated liquor licence and waiver of car parking requirements in accordance with the endorsed plans with the conditions set out in Appendix A.
The Tribunal’s decision can be read at the following link:
