786-794 Nicholson St in Fitzroy North to be transformed after tribunal overturns council decision

A six-storey mixed-used development has been approved for inner-city suburb despite fears it will impact on nearby homes and businesses.

The site 786 Nicholson St will be transformed into a six-storey complex after the developer won approval at VCAT. Photo: Google Maps.

A developer has scored a big win over a Melbourne council and locals after it was given the green light to build a major apartment complex on a busy inner-city road.

OP Nicholson Pty Ltd applied to Yarra City Council to redevelop 786-794 Nicholson St in Fitzroy North for a six-level building with 32 apartments, a shop tenancy at ground level fronting the street and a basement carparking.

A tribunal has overturned an inner-city council's decision, approving a permit for a six-storey development on Nicholson St, which will house apartments and a shop. Photo: Supplied

When Yarra City Council failed to decide on the proposal in the prescribed time and said it would have refused to grant a permit, the developer requested VCAT to review the decision.

The council stated that the six-storey development would “dominate the surrounding streetscapes” because of the height and scale of the complex.

The council also said the proposal did not “adequately respond to the surrounding heritage context and is contrary to the heritage policies”.

The Proposed view without landscaping of the development on Nicholson St. Photo: supplied.

Community members, including nearby home and business owners, supported the council’s refusal, raising issues about the development’s impact on the Railway Hotel and the amenity impacts on homes on Liverpool St.

The operators of Railway Hotel, which is to the north of the proposed development, said the development did not take into account the hotel’s operations — the potential noise impacts from the hotel being a live music venue and from patrons using the outdoor courtyard.

Existing street view of Nicholson St. Photo: Supplied

Concerns were also raised about the proposed south-facing apartments, which would have windows that opened and some outdoor terrace areas overlooking the Railway Hotel.

In making its decision, the tribunal said the proposed development would not have “any” unreasonable noise or reverse amenity impacts” on the hotel.

“We recommend that a planning mechanism be developed to make future residents aware that they are an agent of change development and need to keep their windows closed to maintain suitable residential amenities,” it stated.

The tribunal also included the requirement for the developer to limit the views into homes on Liverpool St in North Fitzroy.

The proposed development’s communal roof terrace will also be restricted and not used between 10pm and 7am.