7-9 Macfarlan StreetSouth Yarra · Permit 0276/19
A submission from neighbours · Permit 0276/19 · File ENF26/0013

ApprovedAs built

Move the divider to compare. Red marks walls and windows that were added or enlarged, and the basement below ground. Drag to orbit, double-click to focus, scroll or pinch to zoom.

Planningrequirements

What the endorsed plans required to protect neighbours, drawn on the building as it stands. Select a number for the detail.

Views
Display

To scale from the endorsed plans (18.12.2023 and 16.08.2024), the amended plans (17.02.2026) and neighbours' photos (07.11.2026). Interiors and neighbouring houses are indicative.

N
Approved · 18.12.2023 As built · amended 17.02.2026
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01 · The short version

The building does not match its approved plans.

Every figure on this page comes from the endorsed and amended drawings, FGR Architects' letter of 17 February 2026, Council's planning register and neighbours' photographs.

11

Screens, planters, setbacks, frosted glass, limits on walls along the boundaries: eleven protections drawn on the endorsed plans for neighbours and the street were not built as approved.

Endorsed 18.12.2023 · Amendment withdrawn 16.09.2026
Write to Council
13Departures from the endorsed plans: on the west, north and south sides, at the front, below ground, and in the process itself.
2.16mHow close a second-floor balcony comes to the west boundary, where Council approved a planter nobody could stand on.
0.65mHow much closer the first floor comes to the north boundary than approved, with four new windows above it.
WithdrawnThe application to amend the plans (0276/19-3) was withdrawn on 16.09.2026. None of these changes is approved.
02 · Who is affected

Neighbours on three sides, the street, and the process.

Numbers refer to the schedule of departures below.

West

10, 12, 14 and 16 Caroline St South

A balcony and home office at the second floor, a 7 m first-floor window, two storeys of glass at the north end, the bedroom built over the approved planter, no louvre screen, and a pool where a garden was approved.

North

11A Macfarlan St

The first floor 0.65 m closer to the boundary with a raised balustrade, four large second-floor windows where the approved wall was blank, and more wall along the boundary, up to 3.4 m high.

South

5A Macfarlan St

A 14 m clear-glass window at the first floor where Council approved two small frosted ones, a high clear window above, and longer walls on the boundary.

Everyone

Macfarlan Street and the process

Off-form concrete in place of the approved stone, and a basement the 2022 amendment removed. The changes were built without approval, and the application to approve them was withdrawn, so the building does not match its only approved plans.

03 · Planning requirements

What the approval asked for, and what was built.

Drawn from the endorsed plans of 18.12.2023 and 16.08.2024. In the model, choose Requirements to see each one in place on the building.

7Not built as approved. Each one protected a neighbour's privacy or limited the building's bulk at the boundary.
4Changed without approval: glazing, cladding and landscaping.
No.RequirementRequiredAs builtStatus
04 · As built

The west side, as it stands.

Photographed over the west fence from 12 Caroline Street South on 7 November 2026. Select a number for the note.

The west side of 7-9 Macfarlan Street seen over the fence from 12 Caroline Street South
IMG 6791 · 07.11.2026 · looking east-north-east
    05 · Schedule of departures

    What changed between the endorsed plans and the building.

    Select a row to see it in the model.

    No.ElementApprovedAs builtSource
    06 · The owner's case

    The arguments for the building, and why they don't hold.

    Two arguments: that no planning permit was needed, and the architect's case for each change. The application to approve the changes was withdrawn before Council decided it.

    1
    "Since September 2023 a single house on a lot this size doesn't need a planning permit, so the endorsed plans don't apply."
    The no-permit argument
    The rules changed. The owner kept using the permit anyway, and is bound by it.
    1. 1.1
      The premise is right. The conclusion isn't. Amendment VC243, gazetted 22 September 2023, removed the permit requirement for one dwelling on a lot of 300 m² or more. This site is a single lot (Lot 1 TP395063) of 391 m², and its only overlay, for development contributions, doesn't require a permit. The Housing Choice and Transport Zone applied in July 2026 keeps the same 300 m² threshold. A new application today would not need a permit. But the state planning department's guidance is that the change does not invalidate an existing permit. An owner who hasn't taken its benefit may build under a building permit and the building regulations instead, and should tell Council. An owner who has acted on the permit is likely to remain bound by it, and to need an amendment for any change.
    2. 1.2
      The owner chose the permit, after the change. Every step came after 22 September 2023: plans lodged for endorsement on 3 November 2023 and endorsed on 18 December 2023; the time to act on the permit extended in November 2023; a secondary consent to amend the endorsed plans, lodged on 20 May 2024 and approved on 16 August 2024; building permits in July and October 2024 that reference the planning permit; and in February 2026, an application to amend the permit to cover the changes. Applying to amend a permit sits uneasily with the claim that it doesn't apply.
    3. 1.3
      Building permits must follow the planning permit. The state's planning guide says any building permit must be consistent with the planning permit, including its conditions and endorsed plans.
    4. 1.4
      Departing from it is an offence. Developing land in contravention of a permit is an offence under section 126(1) of the Planning and Environment Act 1987. Since 3 August 2026 it is also a civil penalty provision that Council can take to court.
    5. 1.5
      There was never a route without rules. Without a permit, a house on this lot would still have to meet the siting rules in Part 5 of the Building Regulations 2018 for setbacks, walls on boundaries and overlooking.
    2 · What the architect told Council · FGR letter, 17.02.2026
    A
    "A summary of the proposed design changes"
    FGR letter, 17.02.2026
    They were already under construction.

    The letter came after a complaint opened compliance file ENF26/0013. Protection work drawings served on neighbours on 7 August 2024 already showed the 2150 mm balcony setback. The application to approve the changes was withdrawn on 16 September 2026.

    B
    A flat-angled window sill "ensures continued compliance with overlooking provisions"
    FGR letter · First floor
    The approved design used a fixed screen, and the permit requires it.

    The endorsed plans detail a louvre screen 1525 mm above the floor and 23.07% transparent (TP A252). Condition 11 requires the fixed screens on the endorsed plans before the building is occupied. The flat angle was never approved, and no construction detail or transparency figure has been given for it. It works along one drawn sightline, while a fixed screen works wherever a person stands. On the south side, the same amended drawings use a 1.7 m sill "to prevent overlooking". The west sill is 1.41 m.

    C
    For the balcony, "appropriate screening measures will be implemented"
    FGR letter · Second floor
    Council approved a planter here, not a balcony.

    Nobody could stand on the endorsed planter, which started 2.725 m from the boundary. The balcony puts people 2.16 m from the boundary, about 6 m above the Caroline Street South yards. The screening is promised in the future tense, for a balcony already built. The amended section meant to show it still says the yard is "screened by planter" and is still titled "Ensuite overlooking". The amended design has neither.

    D
    The basement "does not alter the approved building envelope above ground"
    FGR letter · Basement
    It is still outside the permit.

    The permit was amended in 2022 to remove the basement. Whatever its effect above ground, it needs approval and has none.

    E
    The rear setback increase "improves private open space provision"
    FGR letter · Ground floor
    It doesn't touch the floors above.

    The change is at ground level, under first and second floors that now come closer to the west boundary. It does nothing about overlooking from above.

    F
    Boundary walls "increased in length", and the northern setback "reduced from the endorsed 3000mm to 2350mm"
    FGR letter · Ground and first floor
    Stated, not justified.

    The letter gives no reason for either change and no assessment of the effect on 11A and 5A Macfarlan Street.

    G
    Not in the letter
    FGR letter, both pages
    Most of the changes.

    The letter does not mention the second-floor home office, the four second-floor windows facing north, the 14 m clear-glass window facing south, the first-floor bedroom built over the planter, the two-storey glazing facing 14 Caroline St South, the pool on the west boundary, or the change from stone to concrete.

    TP A251 · Amended 17.02.2026

    The amended overlooking section, as lodged

    Amended section B1 from TP A251, showing the balcony and first-floor bedroom with flat angles, and notes carried over from the endorsed plans 1234
    1. 01
      Still "screened by planter"This note is carried over from the endorsed plans. The amended design has no planter here.
    2. 02
      Still titled "Ensuite overlooking"The ensuite is now a home office opening onto the balcony.
    3. 03
      Balcony overlooking "obstructed by flat angle"A 1.12 m balustrade with a 780 mm steel angle, drawn from one standing eye height of 1.7 m. Not on the endorsed plans.
    4. 04
      First-floor bedroom, 1.41 m sillThe same drawings use a 1.7 m sill "to prevent overlooking" on the south side.
    07 · Drawings

    The plans, marked up.

    Drag across each sheet: endorsed to the left of the line, amended to the right. Both sets are drawn to the same scale and in the same position, so anything that moves has changed.

    TP A252 · Endorsed 18.12.2023

    What the endorsed plans required

    Endorsed overlooking detail TP A252: 1525 mm louvre screen blocking views into 12 Caroline Street
    1. A
      An engineered screen50 x 10 mm louvres with 15 mm gaps, 1525 mm above the floor, 23.07% transparent, fixed to the planter. Drawn to stop views into the habitable windows of 12 Caroline St South.
    2. B
      Planters kept people backWhere there was no screen, a raised planter held the edge. The amended plans swap the screen for a ledge and turn the second-floor planter into a balcony.
    3. C
      No detail for the ledgesFGR's letter describes the "flat angle" in one sentence. No construction detail or transparency figure has been provided.
    08 · Chronology

    Approved in 2023. Redesigned by 2024. The amendment was withdrawn.

    24.12.2019

    Permit 0276/19 issued for a multi-dwelling development in the General Residential Zone (lodged 23.04.2019). First plans endorsed 22.05.2020.

    19.05.2022

    Permit amended to a single dwelling with no basement, 0276/19-1 (lodged 22.12.2021).

    22.09.2023

    Amendment VC243: a single house on a lot of 300 m² or more no longer needs a planning permit. Permits already issued stay valid.

    11.2023

    Time to act on the permit extended. The permit remains current.

    18.12.2023

    Plans endorsed, 0276/19-1-PC2, on the owner's application of 03.11.2023. Changes not identified or applied for "have not been approved".

    27.05.2024

    A geotechnical report for the site describes a possible 3.0 m deep basement.

    03.07.2024

    Stage 1 building permit issued by a private building surveyor.

    07.08.2024

    Protection work drawings served on neighbours show a basement and a "2150 2nd balcony setback", the balcony since built.

    16.08.2024

    Secondary consent 0276/19-SC2 approves a relocated driveway crossover. Nothing else is applied for.

    30.10.2024

    Stage 2 building permit issued, including basement structural works.

    Early 2026

    The building departs from the endorsed plans. A complaint opens Council file ENF26/0013.

    17.02.2026

    FGR Architects writes to Council and lodges amendment 0276/19-3 to approve the changes.

    22.07.2026

    Amendment GC285 rezones the site to the Housing Choice and Transport Zone. A single house on a lot of 300 m² or more still needs no new permit.

    16.09.2026

    Amendment 0276/19-3 withdrawn. No approval for the changes.

    07.11.2026

    The building stands as photographed from Caroline St South. Completion is expected around December 2026.

    09 · Requests

    Four requests from neighbours to Stonnington Council.

    Neighbours are writing to Council directly. How to write to Council.

    1. Treat the plans endorsed on 18 December 2023 as the approved design. The amendment that would have allowed these changes, 0276/19-3, was withdrawn on 16 September 2026.
    2. Through compliance file ENF26/0013, require the building to match the endorsed plans, starting with what affects neighbours: no balcony on the second-floor planter, no window in the west wall of the former Bedroom 2, the first floor back behind the planter line and 3.0 m from the north boundary, frosted glass to the south windows, and no walls on the boundaries beyond those approved. Completion is expected around December 2026, so this needs to happen before the building is finished.
    3. Enforce condition 11 of the permit, which requires the fixed privacy screens on the endorsed plans to be installed before the building is occupied. Screening added to windows and a balcony that were never approved is not a substitute for the approved design.
    4. If the owner applies again, give notice to the neighbours affected and require a complete, dimensioned schedule of every departure, including boundary wall lengths and heights.
    10 · Register of documents

    Everything this page relies on.

    Select a document to read it. Drawings appear as extracts for comment; the full sets are held by Council.

    The photographs have had their location data removed. Permit condition 11 is cited from the permit as amended in 2022. The full drawing sets, FGR Architects' letter and the amendment application are not reproduced here. Council officers, councillors and advisers who need them can ask us for access.

    Contact Council

    Write to Stonnington Council.

    Read the case first if you haven't. Council's compliance file is ENF26/0013.

    If the building at 7-9 Macfarlan Street affects you, tell Council directly. Put the file number in the subject line so your email reaches the officer investigating.

    A starting point · change it to your own words
    
            
    Open in my email app

    What helps
    1. Say how it affects you. Which windows, balcony or walls you can see, and from which rooms or part of your yard.
    2. Attach photos taken from your own property, with the date.
    3. Ask for the endorsed plans to be enforced, and to be told of any new application to change them.
    4. Keep to the building, not the people. Assume anything you send could be seen by the owner if the matter goes to VCAT.
    5. One email per household is plenty. Council will tell you which officer is handling it.