A 4.4-hectare site in Keilor will be subdivided to create 18 residential lots following a ruling by the Victorian Civil and Administrative Tribunal (VCAT).
Developer Keilor Valley Pty Ltd took its case to VCAT last month after Brimbank council refused in March last year to make a decision on the planning permit application.
Brimbank council received 17 objections about the application to subdivide the infill site at Denbigh Court. The land is close to the former Green Gully tip and is bounded by Keilor Downs Secondary College, the Wanaka drain reserve and two residential areas.
Given the site’s proximity to the former tip, the potential presence of landfill gas was assessed and deemed to be “very low”.
“Any remaining uncertainty can be appropriately dealt with by a permit condition,” said VCAT’s presiding member, Geoffrey Code.
Residents’ objections centred on the potential impact on the views or visual amenity of properties, and the possibility the residential subdivision could create unreasonable traffic and parking impacts on the surrounding area.
Mr Code said he found the subdivision did not unreasonably impact on amenity values or traffic. “We accept … that the impact of traffic generated by residents of the subdivision on these streets is within the environmental capacities of these streets,” he said.
A proposed road is estimated to generate about 180 vehicles a day, which were deemed reasonable for a suburban setting with children.
A condition that each dwelling on the proposed lots had to have off-street parking was also included.
Best Hooper principal lawyer John Circero, who represented Keilor Valley Pty Ltd, said it was an excellent outcome, which had taken three years to get to this point.
“It’s been a long process to get to here,” Mr Circero said.
“There are still a few things to go through before they turn first patch of dirt, but the main issue has been resolved.”
Brimbank council’s city development director, Stuart Menzies, confirmed the council would remain in touch with the developers.
“The applicant needs to apply to have the plan of subdivision certified so [we] will continue to have some involvement in the subdivision,” he said.
