The Victorian Civil and Administrative Tribunal (VCAT) has overruled Knox City Council’s decision and approved a revised planning permit for a proposed rooming house at 40 Clematis Avenue in Ferntree Gully.
In a ruling made by VCAT Member, Peter Gaschk, on 29 October, the Tribunal found the revised design, landscape treatments, and bushfire safety measures proposed by Faith Box Hill Pty Ltd met the relevant planning and environmental requirements of the Knox Planning Scheme.
The amended plans, prepared by Planning and Design Pty Ltd and Millar Merrigan Pty Ltd, include changes to building materials, access to water supply tanks, floor levels, setbacks, and landscaping, the updated proposal, which follows the CFA guidance includes a revised Bushfire Management Plan and a Bushfire Management Statement.
The Ferntree Gully site sits within several planning overlays, including the Environmental Significance Overlay, Schedule Three (ESO3), the Significant Landscape Overlay, Schedule Two (SLO2), and the Bushfire Management Overlay, Schedule Two (BMO2), these controls are designed to protect the Dandenong Foothills’ landscape character and manage bushfire risk.
Knox Council and local respondents have argued that the development was inconsistent with the area’s landscape and environmental values, which raised concerns about vegetation removal, visual impact, and excess hardstand paving at the front of the building.
However, the Tribunal accepted expert arboricultural evidence that 25 trees would be removed, most of which were weed species or dead, and trees of highest retention value would be kept and protected.
The landscape plan was found to balance new canopy planting with bushfire safety requirements.
“I am satisfied the landscape plan has achieved a balance of new and existing canopy tree planting that does not conflict with the requirements of the CFA,” Mr Gaschk said.
The Tribunal also found the building’s design and siting were appropriate in the local context, with adequate setbacks and landscaping to soften views from the street and surrounding areas.
“The visual impact arising from the additional building width of the proposed building is marginal,” the VCAT statement reads.
Bushfire management was a central issue in this case.
The CFA supported the revised Bushfire Emergency Management Plan (BEMP) circulated by the applicant, on the condition that a trained chief fire warden to be the registered Rooming House Operator and be responsible for maintaining fire safety measures and training additional wardens.
Additional CFA recommendations included regular leaf-litter removal from roofs and gutters, the maintenance of firefighting equipment, and ensure all tenants receive induction and information on the BEMP prior to each Fire Danger Period.
Mr Gaschk noted the CFA’s conditional support and agreed to include extra permit conditions requiring a trained chief fire warden or fire warden to be present on site during declared extreme, high, or total fire ban days.
“Subject to this added condition, I am satisfied the proposal provides an appropriate response in the context of the BMO2,” he said.
The Tribunal also confirmed the proposal complies with car parking and access requirements, providing four on-site spaces, double the minimum required under the planning scheme.
Knox Council’s traffic engineers found the revised access and parking layout acceptable, stating while the initial access grade was steeper than standard, it was reasonable given the existing terrain.
The Tribunal emphasised the permit includes detailed conditions covering landscaping, drainage, tree protection, bushfire safety, and ongoing site management, limiting occupancy to 12 persons at any one time.
“Subject to these conditions, I am satisfied the proposal will result in an acceptable planning outcome and provides an appropriate response in the context of the BMO2 and associated policy settings that apply in the Scheme,” Mr Gaschk said.
For these reasons, VCAT overturned Knox City Council’s refusal and issued an amended planning permit for the Ferntree Gully development.
