Holding Redlich secures planning permit for new Hillside medical centre

Holding Redlich has successfully obtained final orders from the Victorian Civil and Administrative Tribunal (VCAT) to overturn Melton City Council’s refusal to grant a planning permit for a new medical centre in Hillside, Victoria. The centre, designed to accommodate five practitioners, will deliver medical imaging services to the local community.

The original planning proposal was refused by the Council which opposed the variation of a restrictive covenant burdening the land and the locating of a medical centre in a residentially zoned area.

Lead Partner Andrew Iser achieved the grant of a permit by consent of all parties. The matter involved advising our client on amendments to the proposal, including changing vehicle access arrangements and negotiating the variation of a restrictive covenant with the beneficiaries and third-party objectors, so that several trees on the site could be relocated, rather than removed. These measures resulted in the Council changing its position and agreeing to the grant of a planning permit.

“Our role was to interpret the operation of the restrictive covenant and find a creative solution that delivered our client the facility it required and work through negotiations with objectors to reach a consensus,” said Andrew. “It was a challenging process, but we are pleased to achieve a positive outcome that will allow our client to build a much-needed medical facility in the area while avoiding the expense and uncertainty of a merits hearing in the Tribunal.”

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