ROBUR TEA HOUSE: APPEAL AGAINST DEVELOPMENT REFUSAL

The Robur Tea Building, 28 Clarendon St, Southbank, a Victorian Heritage Registered site, was refused a development permit in May this year by Heritage Victoria.  But now the applicant for the development permit has requested a review of the determination and has requested an appeal hearing (see grounds below). The permit review hearing will be scheduled to take place in the coming months. The RHSV submitted a successful objection earlier in the year and will be following the review process too.

PERMIT REVIEW – ROBUR TEA BUILDING, 28 CLARENDON STREET SOUTHBANK, MELBOURNE CITY (H0526) P33108

1. Heritage Victoria Ground of Refusal:
The construction of seven interconnected towers and buildings ranging in height from 27 to 3 levels would have significant visual impacts on the place. The combined height, number and density of the tower components and their proximity to the Robur Tea Building would cause substantial harm to the cultural heritage significance of the place. The Robur Tea Building would be consumed by the proposed development and the ability to understand and appreciate the place as a freestanding landmark building would be lost.
Review ground:
The proposal will not result in unreasonable or significant visual impacts on the place, or cause substantial harm to the cultural heritage significance of the place. The Robur Tea Building will not be consumed by the proposed development and the ability to understand and appreciate the place as a freestanding landmark
building will not be lost.
2. Heritage Victoria Ground of Refusal:
The proposed demolition works to the north, south and west elevations to allow for access between the Robur Tea Building and the proposed development would have adverse physical impacts on the cultural heritage significance of the place.
Review ground:
The proposed demolition works to allow for access between the Robur Tea Building and the proposed development will not have adverse physical impacts on the cultural heritage significance of the place.
3. Heritage Victoria Ground of Refusal:
The proposal is based on highest and best use of the place and not the cultural heritage significance of the place. It is considered to be an over-development of the heritage place.
Review ground:
The proposal enhances the cultural heritage significance of the place. The proposal is an appropriately scaled development in the context of the heritage place and does not constitute an over-development of the place.
4. Heritage Victoria Ground of Refusal:
It has not been demonstrated that economic sustainability via a smaller development with less impact on the cultural heritage significance of the place is not achievable or that refusal would affect the reasonable and economic use of the registered place as commercial office space or any other reasonable use.
Review ground:
Refusal would affect the reasonable and economic use of the place and a smaller development is not economically sustainable.
5. Heritage Victoria Ground of Refusal:
The negative impacts of the proposal outweigh the benefits. The benefits could be achieved with a less intensive level of development.
Review ground:
The negative impacts of the proposal do not outweigh the benefits. The benefits could not be achieved with a less intensive level of development.
6. The Executive Director failed to give any, or sufficient, consideration to relevant factors concerning reasonable and/or economic use of the place as it is required to do in the particular facts and circumstances of the application by operation of the Heritage Council Act 2017 (Vic).
The Permit Applicant reserves its right to amend or make additions to these grounds.