STONNINGTON Council has announced that it will appeal the approval of a controversial development by Lend Lease at 590 Orrong Road, at the Supreme Court, based on an 'error of law'.
The Victorian Civil and Administrative Tribunal (VCAT) last month ruled in favour of Lend Lease, granting a permit for a major development at 590 Orrong Road and 4 Osment Street, Armadale, which drew significant community objection.
Stonnington Mayor, Councillor John Chandler, said Council's focus on appealing the VCAT decision is based on legal advice that there is an 'error of law' to be pursued, which presents the potential for a different decision to have been reached.
"The legal opinion considers that an error of law could be established, principally based on the tribunal's express statement that "the number of objections to the proposed development was an irrelevant consideration," Cr Chandler said.
"It is considered that VCAT failed to give due regard to significant community input and has made a decision that is not supported by the local community or Council.
"In Council's view, the decision reflects a lack of consideration of neighbourhood character or respect for local community concerns around appropriate development.
"Council remains committed to seeking an appropriate planning outcome for the site," Cr Chandler said.
Documentation was lodged on Monday 6 August for Stonnington Council to be granted leave to appeal to the Supreme Court.
The proposal for the residential complex of 466 dwellings, comprising 448 apartments and 18 townhouses, was refused by Stonnington Council earlier in the year, resulting in Lend Lease applying to the Tribunal for a review of the decision.
The proposal features nineteen buildings ranging in size between two and twelve storeys and located in four separate precincts. It also includes a convenience shop, café, maternal health centre, public open space and 2 basements with 681 car spaces.
VCAT, in setting aside the Council's decision, found that the development "has a net community benefit, is sustainable development and is an acceptable planning outcome."