Blackburn development site that has sat empty for 12 years will finally get apartments built – with one condition

A controversial apartment development in Blackburn which has sat dormant for more than 12 years has finally received what could be its final green light.

The history of the development

Whitehorse Council first approved a planning permit for the development of a four-storey building – made up of 61 apartments and basement car parking – in 2012. Since then, the construction site at 77-83 Whitehorse Road, in Blackburn, has sat dormant while the developers went back and forth over exactly what the new building should look like.

Developers have amended the design over the years, with a most-recent request for an amendment arriving on the council’s desk in October 2022 that included a reduction in the number of apartments, removing car stackers and altering internal and site layouts.

Whitehorse Council approved a second amendment a year later, in September 2023, that reduced the number of dwellings, altered the internal layout and the external presentation of the development, and the plans were endorsed in March this year.

The council also approved the development to commence by September 26, 2023 and be complete by September 26 of this year.

Since this extension of time, the developers have removed trees on the site and began excavation works to build the basement.

What was the proposed amendment?

The current amendment now approved by the council would allow for two additional levels, increasing the development by ten apartments to a total of 59 dwellings, as well as changes to the façade and addition of a basement mezzanine to increase parking to a total of 84 parking spaces.

Whitehorse Council received 18 objections to the amendment, with concerns including increased traffic and parking constraints, as well as new apartments overlooking, overshadowing neighbours and increased building bulk.

How has Whitehorse Council reacted?

During the council meeting on Monday July 14, Whitehorse councillor Kieran Simpson moved the motion with an amendment: the builders must include 1.7 metre high screens and install them on the north and west-facing balconies and terraces at levels four and five, allowing for no more than 25 percent visual permeability. This request came after multiple locals living around the site voiced concerns about privacy.

Councillor Simpson said the developers were not open to including the change in their own amendment application.

“I find it very disheartening that the applicant would dismiss very valid concerns from the community instead of agreeing to a very easy compromise,” he said.

“In my view, it doesn’t show care for the community.

“In my opinion, it sets a bad precedent for future projects as that area of Blackburn will no doubt see increased densification.”

Simpson said as the amendment met the conditions of the Whitehorse Planning Scheme, councillors were held to approve the amendment and not risk the developer taking the council to VCAT.

“It is a disservice to our ratepayers to grandstand on their money,” he said.

Whitehorse councillor Daniel Griffiths moved a motion to strike the 1.7-metre screens from the amendment with his own motion to replace councillor Simpson’s.

A lengthy debate over the screens followed and Griffiths’ motion eventually lost, eight votes to three, with the screens being retained.

Speaking during the meeting, Whitehorse councillor Ben Stennett said decisions should be made based on what is right, not based on fear over what might come to pass.

“I think sometimes we worry far too much about what VCAT might or might not do,” he said.

The amended motion was then put to the vote, with councillor Peter Allan the only opposing vote, based on the increase in height and the impact on neighbourhood character.

“I think six storeys is a bridge too far,” he told the chamber.

“I don’t see anything affordable about these at all.”