BOROONDARA: Council takes Kilkenny to Supreme Court
The City of Boroondara has served Supreme Court proceedings on the Victorian Planning Minister, Sonya Kilkenny, in relation to a planning permit she issued for the redevelopment of the Leo’s supermarket site in Kew.
The Minister’s decision is being challenged because it is alleged that Ms Kilkenny did not appropriately consider the applicable planning controls and whether the developer had permission to use Boroondara Council land to build the project.
The planning permit allows for the development of four towers on the site with a maximum height of 18 storeys, allegedly exceeding the government’s own height controls for the site (16 storeys), which were only published on March 18.
The previous height limit for this site in the Kew Structure and Place Plan was nine storeys and was approved by the Minister for Planning on May 4, 2017.
The development proposes substantial alterations to council-owned and operated land, which Council has not consented to. If changes are to be approved to this land, the Council is firm that the variations need to deliver a positive result for all community members, not just the to achieve important changes to the project.
“We have not made this decision lightly, but we are requesting this judicial review in the best interest of our community and residents,” he said.
“We are not opposed to this development – in fact we agree that this is a great site for a new mixed-use development – but we want to ensure the best result for our community with a building that better fits in the space, has affordable housing, and includes a public environment that delivers for all of us.”
“We submitted extensive feedback on how this development could be improved when the Minister was considering this application, and we are disappointed that few changes were made based on this considered and constructive feedback.”
“We have also asked for a meeting with the Minister for Planning in the hope these matters can be resolved without the need to continue our legal proceedings.
Specific changes the City of Boroondara would like to see include:
- Modifications to the building’s design to reduce overshadowing concerns and comply with the government’s own Activity Centre controls;
- guarantees that affordable housing will be built on site;
- better landscaping, pedestrian flows, and building materials on council land.developer and residents in the new development.
Cr Wes Gault, the Mayor of Boroondara, stressed the legal action was a last resort.