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Advising on market-changing divestments September 25, 2018

Maddocks  acted for the founder of Australia’s largest private pilot training school, Soar Aviation, on the group’s 50 percent sale to Australian private equity investor The Growth Fund. Soar Aviation was started in 2012 by … Continued

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Making a difference: Maddocks senior associate wins Australian Young Lawyer of the Year October 22, 2018

Monday 22 October 2018 Maddocks senior associate Tamsin Webster has been awarded the 2018 Australian Young Lawyer of the Year by the Law Council of Australia. Tamsin, a member of the firm’s Employment, Safety and … Continued

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Government Procurement (Judicial Review) Act 2018 (Cth) expands scope for challenges to Commonwealth procurement decisions October 18, 2018

On 18 October 2018, the Senate passed the Government Procurement (Judicial Review) Bill 2017 (Cth) (the Bill) without amendment. The Bill received Royal Assent on 19 October 2018. The Government Procurement (Judicial Review) Act 2018 (Cth) … Continued

VCAT says yes to zero car parking

Metropolitan Melbourne may finally be ready for genuinely sustainable housing.

While the planning industry has given theoretical support for reducing our reliance on the private car for some years, decisions putting this policy into practice have been few and far between.

Recently, the Victorian Civil and Administrative Tribunal (VCAT) directed the grant of a permit for the second Nightingale development at Station Street in Fairfield. Maddocks acted for the permit applicant, Nightingale 2.0 Land Holding Pty Ltd.

Nightingale’s application proposed a medium density apartment development – a part five and part six storey building for a mix of uses – three shops and 20 dwellings. What sets the development apart from hundreds of others in inner Melbourne is that not even a single car park will be provided on site.

Darebin City Council (Council) supported the permit application including the full waiver of usual parking requirements, but objectors took the decision to VCAT. The critical ground of the objector’s review related to the absence of on-site car parking.

Over two days in December, VCAT Member Whitney heard submissions and evidence including expert traffic engineering evidence called by both Nightingale and Council.

Ultimately, the VCAT decision says it is appropriate for the car parking requirement to be reduced to zero. Reasons which persuaded VCAT included the excellent range of public transport options available to the land (the site abuts Fairfield Railway Station) and the model developed by Nightingale for attracting buyers who are highly committed to living a sustainable lifestyle.

The Victorian planning regime has paid regard on paper to the notion of reducing private car dependence at least from the early 2000s, but decision making has lagged behind. In part this results from very mixed community support for sustainable transport modes over the private car with apartment proposals involving reduced car parking provision regularly attracting significant community opposition.

As recently as 2015, VCAT revoked a council decision to approve the first Nightingale development project in Brunswick with a zero car parking provision on site.

The Nightingale 2.0 decision handed down last week marks a significant shift in the decision making trend.

A copy of the full decision, cited Dinopoulos v Darebin CC [2017] VCAT 118, can be found here.

If you have any queries regarding this decision or general planning matters, please contact partner Adeline Lane or associate Nick Whittington.

 Authors
 Adeline Lane Adeline Lane
Partner | Planning and Environment
adeline.lane@maddocks.com.au
Nick Whittington 5cm 300ppi Colour JPEG 2015 Nick Whittington
Associate | Planning and Environment
nick.whittington@maddocks.com.au

Metropolitan Melbourne may finally be ready for genuinely sustainable housing.

While the planning industry has given theoretical support for reducing our reliance on the private car for some years, decisions putting this policy into practice have been few and far between.

Recently, the Victorian Civil and Administrative Tribunal (VCAT) directed the grant of a permit for the second Nightingale development at Station Street in Fairfield. Maddocks acted for the permit applicant, Nightingale 2.0 Land Holding Pty Ltd.

Nightingale’s application proposed a medium density apartment development – a part five and part six storey building for a mix of uses – three shops and 20 dwellings. What sets the development apart from hundreds of others in inner Melbourne is that not even a single car park will be provided on site.

Darebin City Council (Council) supported the permit application including the full waiver of usual parking requirements, but objectors took the decision to VCAT. The critical ground of the objector’s review related to the absence of on-site car parking.

Over two days in December, VCAT Member Whitney heard submissions and evidence including expert traffic engineering evidence called by both Nightingale and Council.

Ultimately, the VCAT decision says it is appropriate for the car parking requirement to be reduced to zero. Reasons which persuaded VCAT included the excellent range of public transport options available to the land (the site abuts Fairfield Railway Station) and the model developed by Nightingale for attracting buyers who are highly committed to living a sustainable lifestyle.

The Victorian planning regime has paid regard on paper to the notion of reducing private car dependence at least from the early 2000s, but decision making has lagged behind. In part this results from very mixed community support for sustainable transport modes over the private car with apartment proposals involving reduced car parking provision regularly attracting significant community opposition.

As recently as 2015, VCAT revoked a council decision to approve the first Nightingale development project in Brunswick with a zero car parking provision on site.

The Nightingale 2.0 decision handed down last week marks a significant shift in the decision making trend.

A copy of the full decision, cited Dinopoulos v Darebin CC [2017] VCAT 118, can be found here.

If you have any queries regarding this decision or general planning matters, please contact partner Adeline Lane or associate Nick Whittington.

 Authors
 Adeline Lane Adeline Lane
Partner | Planning and Environment
adeline.lane@maddocks.com.au
Nick Whittington 5cm 300ppi Colour JPEG 2015 Nick Whittington
Associate | Planning and Environment
nick.whittington@maddocks.com.au