KW Tower Pty Ltd v Port Phillip CC

COURT OR TRIBUNAL

Victorian Civil and Administrative Tribunal

DATE FILED (OR FIRST HEARING DATE)

08/09/2022

LITIGATION TYPE

Project Approval - Mitigation

SUBJECT MATTER

Urban Planning

REVIEW TYPE

Merits review

SUMMARY

Section 79 Planning and Environment Act 1987, Port Phillip Planning Scheme, Mixed Use Zone, Design and Development Overlay – Schedule 26, Building height, interface to public realm, podium height, building setback, access, car parking provision, bicycle access.

“The proposal provides more bicycle parks than is directed by the planning scheme and provides four on-site showers as part of end of trip facilities. While Mr Furness’s evidence is that this is not ideal, and more could be provided to assist in the reduced car parking provision we accept that the proposal has met its requirements of the planning scheme for bicycle provision. We also note, however, that additional bicycle parking facilities are beneficial in arguments to reduce on-site car parking and general ESD policy to reduce greenhouse gas emissions in personal travel by encouraging occupants to use alternative travel such as cycling, or other modes (walking, scooters etc) where good end of trip facilities can assist.”

CASE DOCUMENTS

KW Tower Pty Ltd v Port Phillip CC [2022] VCAT 1126