Follow us

VCAT News – DLA in the Media!

DEXUS Property Group Ltd v Minister for Planning [2017] VCAT 619

DLA Associate Urban Designer Brodie Blades was recently engaged to appear as an urban design expert witness at VCAT on behalf of the Minister for Planning with respect to a planning permit application at 32-44 Flinders Street, Melbourne. 


Although the Applicant sought approval for a tower development of 191m in height, the Minister granted planning approval with a Condition 1 requirement that imposed a height reduction to a maximum of 175m as a means of reducing the winter solstice overshadowing impact upon Birrarung Marr – one of Melbourne CBD’s premiere linear open spaces. The Applicant sought a review of that condition pursuant to Section 80 of the Planning and Environment Act 1987.

Melbourne’s ‘The Age’ newspaper reported on the matter, which was particularly complex from a legal perspective due to the introduction of Melbourne Planning Scheme Amendments Amendments C262 and C270 (Central City Built Form Controls) and the resultant transitionary provision allowances.

In handing down their decision late last week, the Tribunal ultimately supported retention of the Minister’s condition for a reduced tower form, and cited the negative urban design and public realm amenity implications of a taller tower form upon Birrarung Marr (amongst other considerations) as part of the rationale. Read more here.

DLA’s Statutory Urban Design team are experts in solving inner-city urban design issues, and are frequently engaged to appear as expert urban design witnesses before both VCAT and PPV alike. Contact Brodie Blades or Mark Sheppard to discuss how DLA’s expertise can assist your next development project.

planning, vcat, urban design, expert witness, melbourne

Sign up