Inverloch units too high, VCAT

THE would-be developers of a $35 million, four-storey “residential hotel” in the middle of Inverloch, the Forte Group Pty Ltd, have had their project cut down to size.

The Victorian Civil and Administrative Tribunal handed down its decision last Thursday afternoon, May 11, in the case of the South Gippsland Conservation Society versus the Bass Coast Shire Council, and the council has largely prevailed.

The decision by council to remove the fourth floor of the proposed building, and its rooftop bar, stands but the tribunal “has not proceeded on the basis that the 9.5m maximum height specified in DDO10 is mandatory”.

The tribunal conceded that the building can exceed that limit by 1 metre, but it found the plan to build 4.37 metres above the limit to be unacceptable.

The tribunal has also sought to reduce the impact on The Glade community park by calling for the building to be setback “1.5 metres at ground floor level along the site’s interface with the public open space to the south (The Glade)”.

But the tribunal also found that the design and colours proposed for the 40-apartment development are acceptable.

“The design adopts a contemporary architectural form broken down by expanses of glazing, windows and openings. Combined with the curved edges and colour palate incorporating predominantly lightweight materials, the design objective of DDO10 calling for a development utilising contemporary coastal design principles and landscaping has been met.”

The South Gippsland Conservation Society has acknowledged receipt of the VCAT decision but president of the group, Ed Thexton has declined to comment until a meeting of members has been called.

He has however noted that the group was concerned about the “bulk and height” of the building adjacent to the Inverloch foreshore and community park, and notwithstanding VCAT’s decision to reduce the height, he remained concerned.

The decision follows five days of hearings about the project, proposed to be built on the former site of Inverloch Marine at 2-4 The Esplanade, Inverloch, on January 30 to February 3 this year.

VCAT decision

* Subject to the removal of the top floor and the incorporation of an increased setback at ground level intended to improve the proposal’s interface to the public open space reserve, the proposal is acceptable.

* An increased setback to the reserve is intended to provide greater opportunity for an appropriate treatment to effectively integrate the proposal with that interface.

* The visual impact of the proposal as modified by permit conditions, is consistent with the development expectations for the site, established by the relevant planning scheme provisions.

* In relation to building height, my assessment of the proposal’s height has not proceeded on the basis that the 9.5m maximum height specified in DDO10 is mandatory. A discretion exists to exceed 9.5m. I note in this respect that the proposal, minus the top floor will still exceed the 9.5m by about 1.0m. I am untroubled by that exceedance. The 4.37m height exceedance associated with the top floor however is not acceptable.

The reasons given by Senior VCAT Member Laurie Hewet for removing the fourth storey included that the “top level does not present as part of an integrated architectural whole… its dark metal cladding is dominant compared to the lighter materials pallet of the rest of the building”. He said specific characteristics of the site didn’t support exceeding the preferred height by 4.37m and the height of nearby homes, of up to 11 metres, wasn’t relevant to the proposed development.

He also said that he didn’t accept an expert opinion that “the proposal is entitled to borrow and benefit from the amenity of the park”.

Rather, he said the development “is required to make a contribution to the park’s amenity” and he therefore increased the setback from The Glade by 1.5 metres.

Although approved by VCAT, a long list of conditions relating to design and construction still apply and if acceptable to the applicants, the Forte Group Pty Ltd,, are likely to come to a future council for sign off.

The applicants will then have two years to start the project.