This Page has specific details and information about the development at 5-7 Curlew Court Doncaster Vic.

2013-10 Demoliton of 5 Curlew court is complete – 7 still standing.

Neighbor at No9 asked to sign forms to allow digging and pillings to be inserted inside his property. – see article


2012-10-10 VCAT Decision arrived – Approved as the full thirty apartments, but with basement parking alterations to accommodate screening tree soil area, and a second level of parking added.

P2383 2011 Penbury Lodge Pty Ltd v Manningham CC (sc081012)

This is the decision we expected at the close of the VCAT process, in January 2012.

Although no building reduction was achieved, there is potential that the changes we have bought about, particularly the extra car parking, might keep our court a little less congested by excess cars.

It is disappointing the the VCAT report does not cover any detail, and large sections of regulation non-compliance around the basement and car parking, as raised by Frank, didn’t even get a mention…

There is no recourse, other than to take it to the Supreme court on  grounds of failure to follow the law, disagreeing with the VCAT members, view is not a valid case.

Thank You to all those that put in great efforts to Present our case, particularly Frank, Ian, Warren, and my Family.

Was it worth it ?  Well if we never tried, we were guaranteed to fail….


—– Original Message —–

Sent: Tuesday, October 09, 2012 12:16 PM   Subject: Planning Department – VCAT Order P2383/2011

 Dear Sir/Madam


I refer to the above application and attach a copy of VCAT’s final decision in this matter.  The copy is a Microsoft Word document.

This decision is final and binding unless it is set aside by the Supreme Court, or the order is corrected, revoked or varied under the provisions of s. 119 or 120 of the VCAT Act 1998.

In coming to its decision the Tribunal has made a finding on the issues before it. It has no power to review or reconsider or alter this finding once the decision is published.  Therefore, it is inappropriate for the Tribunal to enter into correspondence with parties as to the issues presented before it and the merits of the decision.

Should you wish to challenge the decision, you should consider obtaining legal advice as to your rights in the circumstances.  This should be done promptly as an appeal to the Supreme Court must be lodged within 28 days of this decision.  The Tribunal is unable to enter into correspondence in relation to issues or evidence subject of this decision.

Most Planning & Environment List decisions are also available via our website ( which has a link to take you to the Australasian Legal Information Institute’s website (AustLII) where records of the decisions are stored and may be accessed.

Decisions should appear on AustLII within 14 days after the decision is posted.  We suggest you use the Recent Updates List function on AustLII to find recently released cases.

Yours faithfully
Melissa Biram
Registrar, Administrative Division
Victorian Civil and Administrative Tribunal


Updated Plans as submitted to VCAT parties 2011-11-01

Doncaster Curlew Court 5-7 Updated Plans 2011-11-01   (14 Meg PDF File.)

List of amendments from the Original plans

Plan ammendments 2011-11-01 Pg1

Plan ammendments 2011-11-01 Pg3


Plan ammendments 2011-11-01 Pg2

Ian Wood Town Planner Reviews  – based on original Plans.

IW_Report 2011-07-17 curlew 5-7

Curlew 5-7 Summ-worst July 2011

Curlew 5-7 Non-Compl_summary 2011-07-18

Curlew 5-7 Critique of assessment 2011-07-22

Further info for Ian Wood on Curlew court 5-7

Second independent opinion of proposal



Example Case files – Curlew Court

Curlew Court development WAS REFUSED  by Council July 26th – they Voted with the Residents.

The Builder took it to VCAT (lodged an appeal)… We all went to VCAT – won some concessions, but this one got through, and may be built one day.

The examples Below should help you get YOUR battle together.

Curlew Court 5-7 Development June-2011

30 apartments, 36 car parks, on Two house blocks (1620 m2)
View Google Larger Map

Application Reference No: PL11/021877         Address of the subject land:  5–7 Curlew Court, Doncaster, Vic   3108

Reasons to Object to 5-7 Curlew Court.

Curlew Area 2011 - before development
Curlew Area 2011 – before development


  • Inside a small court – Kids Playing  vs Traffic & Parking.
  • Close to High School  -Pedestrians & Car Traffic.
  • Neighbourhood Character – Houses and Town houses – Not Multistorey.
  • Because the Next one could be beside YOU.


  • Developer : Buildcorp
  • Manningham Planning Jeff Gower 9840 9287


  • Street character
    Curlew Area 2025 - After development
    Curlew Area 2025 – After development
  • Overlooking / Privacy
  • Shadowing
  • Setback
  • Traffic flow – Curlew
  • Traffic flow Thiele & Ibis.
  • Parking
  • Noise – car park, including exit & gate
  • Noise general
  • Building works blocking street access.

Building Reg’s. Precinct A, DD08 overlay.

  • Height limit of 10meters ( from Ground at that point, as block is under 1800 Sq m.
  • This includes the 1 meter height allowance made for sloping blocks.

Curlew Court Plans and the builders submissions to council. Go to Council and look over yours – Ask for a copy to take home or get it  emailed to send on to others.




Objection from a concerned resident to the Council…

Name Withheld

Address withheld     DONCASTER     VIC     3108     AUSTRALIA

PHONE/FAX:   withheld     E-MAIL:     withheld

6 June 2011

Manningham City Council

Objection to Grant of Planning Permit

Application Reference No:                       PL11/021877

Address of the subject land:                    5–7 Curlew Court, Doncaster, Vic   3108

Description of the proposal:        Construction of a three-storey apartment building comprising 30 apartments and basement car parking for 36 vehicles

Name of applicant:                    Penbury Lodge Pty Ltd

Details of Objection

1. Traffic congestion and Hazzards

Curlew Court is a quiet, homogeneous, cul-de-sac comprised of pleasant dwellings predominantly single storey in height and with off-street car parking. The proposed 3-storey building would be detrimental to, and out of character with, the area by virtue of its architecture and particularly by its size.

For 7 days a week and throughout each day there is significant traffic movement around Doncaster Secondary College. Thiele Street, but especially Ibis Street and Church Road are particularly affected. Other groups use the school on Saturdays and Sundays. Traffic and student movements occur throughout the day and are increased by school meetings, or gatherings at the school theatre. Ibis Street is also used as a connector street to and from Thiele Street, Church Road and Doncaster Road.

The new 38-apartment building on the corner of Doncaster Road and Thiele Street, although by no means fully occupied at present, has added to the dangers and traffic congestion around the area in question, especially in Thiele Street, between Doncaster Road and Curlew Court, where cars are parked on both sides of the street leaving only one centre traffic lane, which is a pedestrian and traffic hazard. When fully occupied, and with the addition of the proposed 30-unit Curlew Court apartments, there will be a significant increase in kerb side parking on both sides of Thiele Street and Curlew Court, leaving only one centre traffic lane in Curlew Court. Increased traffic movement and manoeuvrability, particularly for service vehicles such as garbage trucks, in Curlew Court would add to congestion and noise stress experienced by the residents of the neighbourhood and to dangers to children playing in the street.

2. Neighbourhood character

I have been living continuously at (WITHHELD) since December 1963 before the school was built. Ibis Street eventually became the southern boundary of Doncaster Secondary College. During this period I have witnessed the change to the secluded nature of the street and surrounding areas, from a semi-rural location to a pleasant residential suburb. This should not be destroyed by inappropriate development. The need for higher density living to accommodate Melbourne’s increasing population could be better served by the development of appropriate ‘town houses’ alongside existing single storey dwellings.
Name withheld.


Letter from a concerned resident to the Council…

We wish to object to the development for the following reasons:


The development on the corner of Thiele Street and Doncaster Road has set a precedent for the management of traffic and parking issues that will be caused by this proposed major development in Curlew Court.  That is, traffic and parking has not been successfully managed, and will only be worse in Curlew Court, which is not a through road.  Currently at almost any time of day or night, cars are parked on both sides of Thiele Street outside the apartment block, causing dangerous traffic concerns for residents, as cars turn from Doncaster Road (limit 70km) into Thiele Street (limit 50km).

I feel that this is dangerous, particularly on weekdays during school drop off, when parents and possibly staff from Doncaster Secondary College are proceeding down Thiele Street from Doncaster Road, and traffic comes virtually to a standstill while vehicles wait for their turn to drive through.

The proposed development is partly situated at the upper end of the court, almost in the bowl of the court, which means that residents of the development would have to drive further than half way along the court to access the property.   With 30 apartments (the vast majority being 2 bedroom), and only 36 spaces there will no doubt be parking overflow into the court.  We only have to look at the overflow from the existing development on Thiele Street to anticipate this.  We moved from an inner city residence to have the feature of ourselves and guests being able to park in front of our own property.

Traffic management during construction of the Thiele Street development can realistically be described as worst case scenario.  Traffic chaos was caused by construction vehicles, tradesmen’s’ vehicles and delivery trucks.  On numerous occasions, I could barely exit my driveway due to cars and assorted vehicles associated with construction parked on either side of my driveway and directly opposite.  My husband’s company car was even backed into by a delivery truck!  The top of Thiele Street was often totally blocked causing even further chaos.  When complaints were lodged with a Council representative, traffic control would be implemented by the development, however only for 1 or 2 days after the complaint was lodged.

This type of traffic chaos would only be compounded during construction in Curlew Court.   The Court was never designed or intended for this type of use, and one resident can even remember when Curlew Street became Curlew Court to restrict traffic flow.  We feel strongly that further increased and even current traffic flow is “an accident waited to happen.”

Neighbourhood character

In Curlew Court, the majority of residents have made a concerted effort to get to know their neighbours.  Each year for the past four years, we have held a Christmas street party which has become a great opportunity to welcome and get to know new residents of Curlew Court, and also to catch up at leisure with existing residents.

We have some senior residents of Curlew Court who have been there right ‘from the beginning’ and even chose their block of land to build on.  They have raised their children in the Court, and now love to see and hear the latest generation of children playing in the Court.  It is a wonderful, safe environment  for all ages, with the residents / parents actively encouraging the children to all play together at each others’ homes and in the street.

We have our neighbours’ telephone numbers in case of emergency, and even hold spare house keys for each other. The most recent new residents to the Court have personally delivered gifts of food and treats for their new neighbours.

Other residents of Manningham and even those outside our municipality have commented to several residents on how fortunate we are to have neighbours our children can play with, and in a relatively safe and secure environment – our quiet Curlew Court.  With an interesting and dynamic mix of ages, family groups and ethnic backgrounds, Curlew Court truly represents the City of Manningham, and we are proud of the community spirit in our court and actively encourage this feeling in our local area.

We are not opposed to development as such, and we have many subdivided blocks in the Court, however do remain opposed to inappropriate and imposing multi unit developments that have the potential to detract from and negatively affect  the character and community of our Court.

Legal disclaimer: This information is provided as a summary and easy reference point to information. We will always evdevour to have accurate information, without the excess fluff from source information.

This information is intended to allow you to ask for more details from authorities, not to replace them. Always seek clarification. This is not a paid site, rather it is volunteered research and information. shared for those interested.

1 Comment

  1. Les says:

    This section is for sharing information.

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