Winscombe Avenue


  1. This planning application requests the removal of trees and the construction of 6 double storey residential Units with car garages to be built on the property which currently contains a single story house.

  2. Although yet to be enacted, this development would breach the C97 amendment to planning in the Shire of Yarra Ranges designed to maintain the character of the Shire, especially in villages such as Tecoma.

  3. The introduction of double storey high density premises into an area of single storey low density living can lead to a change in the character of residential Tecoma.

  4. This property is on the top of a small treed hill and a construction of the size proposed may become an eyesore once the trees are removed and the double storey units constructed.

Double Storey Residential Units

  1. You are encouraged to look at the planning application, available at the Shire Offices in Upwey under the Application Number YR-2010/400 and make a submission either in support or opposition to this development before Friday 19th November 2010.

  2. Submissions must clearly indicate:

Submitter's name and postal address

Daytime contact phone number

The Application Number [YR-2010/400]

 A description of what the application proposes [Construction of 6 double storey residential units]

Address of the land the application is for [1 Winscombe Ave, Tecoma]

An explanation about why the person either supports or opposes the application

  1. For full details on lodging a submission to Council, please click on this document, YR Planning Notes.pdf

  2. A copy of TVAG’s submission is available here

    Winscombe Avenue(3).pdf

Winscombe Ave entrance on Burwood Hwy

18th April 2011 - Victory

At the SYR Council meeting on Tuesday 12th April, the Shire Council decided to NOT grant permission to develop 6 double storey units at 1 Winscombe Avenue. The reasons given are below.

Congratulations to the neighbours, Tecoma community and all other locals who opposed this over-development. Hopefully the property owner will now put the environment of Tecoma before profit in any future development proposal.

Resolved on the motion of Crs Dunn and McRae

That Council resolve to refuse Planning Application YR-2010/400 for the construction of six double storey dwellings, tree removal and alteration of access onto a Road Zone Category 1 at 1 Winscombe Avenue (Lot 1 LP 18474), Tecoma and issue a Notice of Refusal of Planning Application on the following grounds:

  1. 1.The proposed development is inconsistent with Clause 15.01 - „Urban design‟ of the State Planning Policy Framework (SPPF) in the Yarra Ranges Planning Scheme as it fails to achieve architectural and urban design outcomes that contribute positively to local urban character and the surrounding landscape.

  2. 2.The proposal is inconsistent with Clause 21.04 - „Land use‟ and Clause 21.06 „Built form‟ of the Yarra Ranges Planning Scheme because the proposed development is out of character with the surrounding neighbourhood and does not reflect the distinct environmental and physical form of the surrounding area.

  3. 3.The proposal does not satisfy the neighbourhood character objective of Clause 55 of the Yarra Ranges Planning Scheme, as the proposal seeks to introduce a excessive continuous built form across the site, with minimal setbacks to front and side boundaries, and lack of space for landscaping

  4. 4.The proposed construction of the accessway in Winscombe Avenue will have a detrimental impact on significant trees recognised under the Heritage Overlay and as such, this is contrary to the objectives of Clause 43.01 of the Yarra Ranges Planning Scheme.

  5. 5.The application fails to recognise the area as one identified for incremental change as outlined within the objectives of the proposed Amendment C97 to provide incremental residential development in the area.

  1. 1.The proposal fails to provide site coverage and spaces around dwellings that is respectful of the existing and preferred neighbourhood character.

  2. 2.The proposal does not satisfy the Solar Access to Private Open Objectives, Access objectives landscape objectives, front setback objectives and neighbourhood character objectives of Clause 55 of the Yarra Ranges Planning Scheme.

23 January 2011

A TVAG member recently spoke with the Shire’s representative responsible for this development. Word is that the Shire has had a number of lodgements pertaining to this case and will soon be calling all parties together for discussions.

28 February 2011

A community meeting between all parties involved in this development was held at Belgrave Library to discuss the developer’s goals and the community’s objections with the Shire of Yarra Ranges Planner responsible for advising Council. There were approximately 50 objectors present representing neighbours, local residents and concerned local groups.

It was discovered during this meeting that the developer is also the owner of Winscombe Avenue, it being a private road. This raised even greater concerns for the survival of the heritage listed trees along Winscombe Avenue, particularly in light of the developer’s plan to lay a concrete roadway through these trees.

To add your knowledge and opinion to this debate, please join the Winscombe Ave discussion forum at


4 April 2011

The Shire of Yarra Ranges Council will discus this development application at their Council Meeting on Tuesday 12th April 2011. The responsible council planning officer will be recommending that this development be rejected on several grounds. See..

Item 8-1 - Planning Application YR2010/400 - 1 Winscombe Avenue (Lot 1 LP18474), Tecoma - Construction of Six Double Storey Dwellings........

6th May 2011

Neighbours to the development site have been informed by the developer that he intends to fence off the development site with a 2 metre high fence around “his” property. This includes an intention to fence off the publicly listed road of Winscombe Avenue and the heritage listed trees that embrace the avenue.

We will let the authorities decide upon the legality of this action but it does show the community the level of respect the developer has towards the community of Tecoma. There was a time when ‘development’ was a word with a positive meaning, not a destructive meaning.

Winscombe Ave Developer goes to VCAT

The developer, who was recently refused a planning permit by the Shire to build 6 double storey units in Winscombe Avenue, has made application to VCAT to review that decision.

Objectors have 2 weeks in which to lodge their objection with VCAT [Ref: P/1577/2011] Thus objections should be lodged before the 14th June 2011.

Fencing off the Avenue

The developer endeavouring to construct 6 double storey townhouses in the quiet Winscombe Avenue is not at all pleased that the Shire Council refused to grant him a planning permit, resulting in him appealing to VCAT.

He has now applied for a planning permit to construct an almost 2 metre high wooden palling fence (something straight out of suburbia) on the south side of his property but also on the west side of Winscombe Avenue, along the boundary with the Tecoma Uniting Church and approximately 1 metre from the car park, all the way to Burwood Highway.

This fence has the potential to adversely impact upon the heritage listed trees along Winscombe Avenue. Even the developer’s own arborist report states that the post holes should be dug by hand and that their location should be moved if tree roots are found, almost guaranteed. Some large eucalypts and other vegetation will also be removed.

This is an attempt to lay claim to Winscombe Avenue itself, fencing off a public road with easements currently used by local residents and visitors.

TVAG has spent thousands of dollars removing graffiti from fences, businesses and other areas around Tecoma. The Community does not have the resources to be continually removing graffiti, but the proposed fence will become a glorious new ‘canvas’ for graffiti-ists.

Send in your letters of opposition to this monstrous fence to the Shire of Yarra Ranges quoting planning application number YR-2011/535. See here for more details on lodging a submission.

Winscombe Avenue Fence Update

On 31st August, the Shire of Yarra Ranges refused to grant an application to construct a paling fence that would have blocked public access to Winscombe Avenue and created a massive ‘canvas’ for graffiti taggers.

This has been part of an ongoing battle to prevent over-development in an idilic peaceful avenue enveloped by heritage listed trees.

Sorry if you think this heading refers the McDonald’s application - it does not.

VCAT has handed down its decision regarding a developer’s application to construct 6 double story townhouses in Winscombe Avenue - the heritage listed tree lined laneway next to the Uniting Church in Tecoma.

Tribunal Member, Mr Sam Cimino concluded “However, given the context of the subject land and having regard to the whole suite of policies, I find that the level of development is too intense and not appropriate having regard to neighbourhood character. Accordingly, I will affirm the Council’s decision. No permit is granted. ”.

Check P1577 2011 Kuzakov v Yarra Ranges SC (240212).doc for full report.


On Tuesday 13th December, VCAT held the second day of hearing into an application to construct 6 double-storey townhouses in Winscombe Avenue, Tecoma. Although the road itself is part of the property title for No.1 Winscombe Avenue much discussion has ensued regarding the public’s right of access with the developer maintaining that the public have no right of access.

Both sides of the case have now been presented and we await the adjudication of the Tribunal, probably late January or February.

VCAT Hearing on Winscombe Avenue

The “developer” who previously applied to Council for 6 double storey townhouses to be built in Winscombe Avenue and was refused, both at Council and at VCAT, has reapplied for a building permit.

This time the application is for 4 double storey townhouses on the same house block at Lot 1 Winscombe Avenue. This application shows photographs of some of the worst constructions in Tecoma, most of which are the rears of our commercial buildings, as a way to justify this renewed application. This clearly demonstrates the ‘thin end of the wedge’ approach developers have in changing our township into suburbia. By comparing a new application to the worst in town they attempt to justify even worse constructions.

Please visit the Council’s UpweyLink office and ask for Planning Application 2012/327. Have a look at the proposal and then write an objection to save our Hills township from becoming just like everywhere else.

Winscombe Ave - yet again June 12

Application YR-2012/327

“A delegation of Council has considered the above matter and resolved that the application be refused.”

Once again Council has refused to grant a permit to a developer who wants to construct a number of very inappropriate double-storey town houses in Tecoma’s precious Winscombe Avenue.

Grounds for refusal were:

‘Fails to achieve architectural and urban design outcomes that contribute positively to local character’

‘The proposal is out of character with the surrounding neighbourhood’

‘Does not integrate with surrounding low scale built form’

Detrimental impact on significant trees under Heritage Overlay’

‘Fails to provide site coverage and spaces around dwellings that is respectful of the preferred neighbourhood character’.

The Community is willing to continue this battle in another round at VCAT if necessary and is buoyed

by the experiences gained in fighting McDonald’s in that forum.

SYR Council refuses permit - July 2012

Developer Applies to VCAT Again - Sept 12

The developer, who was recently refused a planning permit by the Shire to build 4 double storey units in Winscombe Avenue, has made application to VCAT to review that decision.

There is currently a long delay in getting a hearing at VCAT. We will let you know of details as soon as we know ourselves.

It is unfortunate that many development proposals are not in keeping with the character of Tecoma. A development proposal for 6 double-storey townhouses in Winscombe Avenue was rejected both at Council and at VCAT. The developer then returned with another proposal for 4 double-storey townhouses on the same site and was again refused at Council. (See history)

This developer is now appealing to VCAT for a permit to totally change the character of this beautifully treed laneway and it’s surrounding area of single storey houses on treed blocks.

TVAG has submitted a Statement of Grounds to VCAT rejecting this proposal on a number of grounds including the fact that the development threatens the heritage listed trees framing the laneway, there being insufficient setback of the buildings from the laneway and the placing of a watertank upon this road reserve being unacceptable.

Winscombe Avenue (continued)

Development Refused Permit

Perhaps hidden in the shadow of the McDonald’s proposal has been an ongoing battle between a developer and the Tecoma community. Starting back in the latter part of 2010, a developer has been attempting to completely change the character of one of Tecoma’s most beautiful avenues, namely Winscombe Avenue, by building multiple 2-storey units and thus threatening our avenue of heritage listed trees.

The developments proposed have now twice been refused by Council and recently refused for a second time by VCAT. Hopefully this will be the end to inappropriate proposals. (July 2013)