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Minutes

 

OF Ordinary
COUNCIL MEETING

HELD ON

Tuesday 17 November 2015

AT 6.30PM

In Council Chamber, 25 Ferres Boulevard, South Morang


Ordinary Council Minutes                                                          Tuesday 17 November 2015

 

 

 

COUNCILLORS

 

STEVAN KOZMEVSKI                   MAYOR, SOUTH WEST WARD

KRIS PAVLIDIS                               SOUTH WEST WARD

DARRYL SINCLAIR                        SOUTH WEST WARD

ADRIAN SPINELLI                          SOUTH WEST WARD

NORM KELLY                                  DEPUTY MAYOR, SOUTH EAST WARD

SAM ALESSI                                    SOUTH EAST WARD

KEN HARRIS                                   SOUTH EAST WARD

MARY LALIOS                                 SOUTH EAST WARD

REX GRIFFIN                                   NORTH WARD

RICKY KIRKHAM                            NORTH WARD

CHRISTINE STOW                          NORTH WARD


Ordinary Council Minutes                                                          Tuesday 17 November 2015

 

 

 

SENIOR OFFICERS

 

 

DAVID TURNBULL                            CHIEF EXECUTIVE OFFICER

GINO MITRIONE                               ACTING DIRECTOR FINANCE AND ORGANISATION IMPROVEMENT

RUSSELL HOPKINS                         DIRECTOR COMMUNITY SERVICES

STEVE O’BRIEN                                DIRECTOR PLANNING AND MAJOR PROJECTS

NICK MANN                                       DIRECTOR INFRASTRUCTURE

MICHAEL TONTA                              ACTING DIRECTOR GOVERNANCE AND
ECONOMIC DEVELOPMENT

GRIFF DAVIS                                     DIRECTOR ADVOCACY AND COMMUNICATIONS

ANGELO MAMATIS                          ACTING MANAGER CIVIC ADMINISTRATION


Ordinary Council Minutes                                                          Tuesday 17 November 2015

 

 

ORDER OF BUSINESS

 

The Chief Executive Officer submits the following business:

 

1.            Opening.. 9

1.1         MEETING OPENING AND PRAYER.. 9

1.2         MAYOR’S RECONCILIATION STATEMENT.. 9

1.3         welcome to the mayor of city of darebin.. 9

1.4         Present.. 9

2.            Apologies.. 11

3.            Declarations of Interest.. 13

4.            Confirmation of Minutes of Previous Meeting.. 13

5.            Consideration and Action on Petitions and Joint Letters.. 15

5.1         Petitions.. 15

5.1.1       Petition - Objection to proposed development at 48 Tonelli Crescent, Mill Park.. 15

5.1.2       Petition - Objection to proposed development plan for 510 and 560 Findon Road, South Morang.. 15

5.1.3       Petition - Speeding Vehicles - Heavy Noisy Commercial Vehicles that are using Vista Way as a thoroughfare to gain access to the Palisades Estate.. 16

5.2         Joint Letters.. 17

5.2.1       Joint Letter - Bindts Road, Wollert. 17

5.2.2       Joint Letter Grand Parade Epping.. 17

6.            Officers’ Reports.. 19

6.1         Planning and Major Projects.. 21

6.1.1       55 & 57 Edmonson Street Lalor - Construction of six dwellings   21

6.1.2       42 Centenary drive, mill park - construction of a dwelling to the rear of an existing dwelling.. 31

6.1.3       1 Riverside Drive South Morang - Construction of 27 dwellings and reduction of car parking requirements   41

6.1.4       108 Elation Boulevard, Doreen - Variation to restrictive covenant PS702851K to allow for overshadowing of private open space outside that prescribed within MCP AA2218  51

6.1.5       Gambling Advocacy - Alliance for Gambling Reform.. 57

6.1.6       54 Cedar Street, Thomastown - Construction of five dwellings comprising four double storey dwellings and one single storey dwelling.. 63

6.1.7       26 Warbler Walk, South Morang - Construction of a two-storey dwelling to the rear of the existing dwelling.. 75

6.1.8       20 TONELLI CRESCENT, MILL PARK - CONSTRUCTION OF A DWELLING TO THE REAR OF AN EXISTING DWELLING.. 85

6.1.9       Planning Scheme Amendment C56 - Heritage Conservation local planning policy.. 97

6.1.10    2015/16 First Quarter New Works Program Report. 105

6.1.11    460 Cooper Street, Epping - Use and development of a materials recycling centre, caretakers dwelling, reduction in the standard car parking requirement together with associated buildings and works.. 111

6.2         Community Services.. 129

6.2.1       Arts Policy and Arts Development Strategy 2016-2020. 129

6.2.2       Community Building Policy, Framework, Strategy and Action Plan.. 133

6.2.3       Westgarthtown Pioneer Precinct Advisory Committee - Terms of Reference.. 139

6.3         Finance and Organisation Improvement.. 141

6.3.1       Request to Attend the International Association of Assessing Officers Course 331 - Mass Appraisal Practices and Procedures.. 141

6.3.2       FINANCIAL PERFORMANCE REPORT FOR THE PERIOD ENDED 30 SEPTEMBER 2015. 145

6.4         Infrastructure.. 147

Nil Reports.. 147

6.5         Governance and Economic Development.. 149

6.5.1       ASSEMBLIES OF COUNCILLORS - 17 NOVEMBER 2015. 149

6.5.2       Appointment of Councillor and Officer Representation on Organisations and Committees for 2016. 153

6.6         Advocacy and Communication.. 155

Nil Reports.. 155

6.7         Executive Services.. 157

Nil Reports.. 157

7.            Notices of Motion.. 159

7.1           NOTICE OF MOTION 810 - WHITTLESEA COMMUNITY CONNECTIONS SERVICE AGREEMENT. 159

8.            Questions to Officers.. 161

9.            Urgent Business.. 161

10.         Reports from Delegates Appointed to Council by Other Bodies.. 163

10.1        WHITTLESEA SECONDARY COLLEGE CHAPLAINCY COMMITTEE.. 163

10.2        DAREBIN CREEK MANAGEMENT COMMITTEE.. 163

10.3        YARRA VALLEY REGIONAL LIBRARY SERVICE.. 164

10.4        WHITTLESEA COMMUNITY CONNECTIONS.. 164

11.         Questions to Councillors.. 167

12.         Confidential Business.. 169

12.1       Planning and Major Projects.. 169

12.1.1    DESIGN AND CONSTRUCTION OF RECONFIGURATION WORKS AT 713 HIGH ST EPPING CONTRACT NO. 2015-135 - TENDER EVALUATION REPORT. 169

12.1.2    DESIGN AND CONSTRUCTION OF PREFABRICATED MODULAR BUILDING FOR LALOR COMMUNITY PAVILION CONTRACT NO. 2015-43 - TENDER EVALUATION REPORT. 169

12.1.3    DESIGN SERVICES FOR THE ASHLEY PARK FAMILY & COMMUNITY CENTRE CONTRACT 2015-143 - TENDER EVALUATION REPORT. 169

12.1.4    PROVISION OF ARCHITECTURAL SERVICES FOR LYNDARUM FAMILY & CHILDRENS SERVICES CENTRE CONTRACT CT101143 – CONTRACT FINALISATION REPORT. 169

12.1.5    CONSTRUCTION SERVICES AT WHITTLESEA CAC CONTRACT CT111242 - CONTRACT FINALISATION REPORT. 169

12.1.6    CONSTRUCTION OF RISING MAIN SEWER FOR THE ANIMAL WELFARE FACILITY CONTRACT 2015-149 – TENDER EVALUATION REPORT. 169

12.2       Community Services.. 169

12.2.1    Evaluation of Tenders received for Contract 2014-168 - Supply, installation and maintenance of gym equipment at Thomastown Recreation and Aquatic Centre (TRAC) 169

12.3       Finance and Organisation Improvement.. 169

Nil Reports.. 169

12.4       Infrastructure.. 169

12.4.1    Provision of Parks and Gardens Services CT080901 Contract Variation/Extension Report. 169

12.4.2    Bushland Works  - Contract No: SR121304 - Contract Variation   169

12.4.3    Provision Of Maintenance Services To Sewer Pump Pits, Septic Tanks, Grease Traps & Triple Interceptor Pits - Contract No. CT091068 - Contract Finalisation.. 169

12.5       Governance and Economic Development.. 169

12.5.1    PANEL CONTRACT EXPENDITURE DISTRIBUTION.. 169

12.6       Advocacy and Communication.. 170

Nil Reports.. 170

12.7       Executive Services.. 170

12.7.1    Meetings of the Chief Executive Officer - 19 October to 6 November 2015. 170

13.         Closure.. 172

 

 

Note:

In these Minutes, Resolutions adopted by Council are indicated in bold text.

 

 

 


1.         Opening

1.1       MEETING OPENING AND PRAYER

The Chief Executive Officer opened the meeting with a prayer at 6:31PM.

1.2       MAYOR’S RECONCILIATION STATEMENT

On behalf of the City of Whittlesea the Mayor recognised the rich Aboriginal heritage of this country and acknowledge the Wurundjeri Willum Clan as the traditional owners of this place.

 

1.3       welcome to the mayor of city of darebin

The Mayor, Cr Kozmevski, acknowledged the Mayor of the City of Darebin, Cr Vince Fontana who was in the public gallery.

 

1.4       Present

Members:

Cr Stevan Kozmevski         Mayor (South West Ward)

Cr Kris Pavlidis                    Councillor (South West Ward)

Cr Darryl Sinclair                 Councillor (South West Ward)

Cr Sam Alessi                      Councillor (South East Ward)

Cr Ken Harris                       Councillor (South East Ward)

Cr Mary Lalios                     Councillor (South East Ward)

Cr Rex Griffin                      Councillor (North Ward)

Cr Christine Stow                Councillor (North Ward)

Officers:

Mr David Turnbull                Chief Executive Officer

Mr Steve O'Brien                 Director Planning and Major Projects

Mr Russell Hopkins             Director Community Services

Mr Gino Mitrione                  Acting Director Finance and Organisation Improvement

Mr Nick Mann                      Director Infrastructure

Mr Michael Tonta                Acting Director Governance & Economic Development

Mr Angelo Mamatis             Acting Manager Civic Administration

 


2.         Apologies

Apology

Apologies were received on behalf of the Deputy Mayor, Cr Kelly, Cr Kirkham and Cr Spinelli who requested that leave be granted for this meeting.

Council Resolution

Moved:                       Cr Pavlidis

Seconded:               Cr Lalios

 

THAT the Councillors’ apologies be received and leave be granted.

Carried

 


3.         Declarations of Interest

THE FOLLOWING DECLARATIONS OF INTEREST WERE MADE TO THE CHIEF EXECUTIVE OFFICER PRIOR TO THE MEETING:

 

Councillor Stow declared an indirect interest by close association in item 12.4.3 Provision of Maintenance Services to Sewer Pump Pits, Septic Tanks, Grease Traps and Triple Interceptor Pits – Contract No. CT091068 – Contract Finalisation.

 

 

 

4.         Confirmation of Minutes of Previous Meeting

Council Resolution

Moved:                       Cr Lalios

Seconded:               Cr Sinclair

 

THAT the following Minutes of the preceding meetings as circulated, be confirmed:

Ordinary Meeting of Council held 27 October 2015; and

Special Meeting of Council held 4 November 2015.

Carried

 


5.         Consideration and Action on Petitions and Joint Letters

5.1       Petitions

5.1.1    Petition - Objection to proposed development at 48 Tonelli Crescent, Mill Park

File No:                         715339

 

Cr Lalios tabled a petition from 15 residents objecting to proposed development at 48 Tonelli Crescent, Mill Park.

 

Council Resolution

Moved:                       Cr Lalios

Seconded:               Cr Pavlidis

 

THAT Council resolve to receive the petition objecting to proposed development at 48 Tonelli Crescent, Mill Park and that this petition be considered as part of the Council Report for planning application 715339.

 

Carried

 

 5.1.2   Petition - Objection to proposed development plan for 510 and 560 Findon Road, South Morang

File No:                         SU193765

 

Cr Stow tabled a petition from 22 residents regarding objecting to the proposed development plan for 510 & 560 Findon Road, South Morang.

 

Council Resolution

Moved:                       Cr Stow

Seconded:               Cr Griffin

 

THAT Council resolve to receive the petition objecting to the proposed development plan for 510 & 560 Findon Road, South Morang and that this petition be considered as part of the Council Report on the proposed development plan.

 

Carried

 


 

 

5.1.3    Petition - Speeding Vehicles - Heavy Noisy Commercial Vehicles that are using Vista Way as a thoroughfare to gain access to the Palisades Estate

                File No:   SU141889

Cr Griffin tabled a petition from 20 residents regarding objecting to speeding and heavy vehicles using Vista Way, South Morang to access Palisades Estate.

Council Resolution

Moved:                       Cr Griffin

Seconded:               Cr Stow

 

THAT Council resolve to receive the petition objecting to speeding and heavy vehicles using Vista Way, South Morang to access Palisades Estate and a report be prepared.

 

Carried

 


5.2       Joint Letters

5.2.1    Joint Letter - Bindts Road, Wollert

File No:                         ST/105392

 

Cr Griffin tabled a Joint Letter from 17 residents requesting Council upgrade the road surface at Bindts Road, Wollert.

 

Council Resolution

Moved:                       Cr Griffin

Seconded:               Cr Stow

 

THAT Council resolve to receive the Joint Letter requesting Council upgrade the road surface at Bindts Road, Wollert and a report be prepared.

 

Carried

 

5.2.2    Joint Letter Grand Parade Epping

File No:                         ST/1055873

 

Cr Pavlidis tabled a Joint Letter from 18 residents requesting either residential parking only or 2 hour parking on both sides of Grand Parade and Monica Court, Epping.

 

Council Resolution

Moved:                       Cr Pavlidis

Seconded:               Cr Sinclair

 

THAT Council resolve to receive the petition requesting either residential parking only or 2 hour parking on both sides of Grand Parade and Monica Court, Epping and a report be prepared.

 

Carried

 


6.         Officers’ Reports

Council Resolution

Moved:                       Cr Sinclair

Seconded:               Cr Lalios

 

THAT Council resolve to adopt the Recommendations for items numbers 6.1.1, 6.1.2, 6.1.3, 6.1.4, 6.1.7, 6.3.1, 6.3.2 and 6.5.1 .

Carried

 

 

Group Adoption of Items En Bloc

Councillors may choose not to consider reports on the Notice Paper individually and to resolve to adopt, in one resolution, the recommendations listed on the Notice Paper for a number of reports. Such a resolution will have the effect of adopting the Officer’s recommendation for each of the reports identified in the Council resolution. The remaining items of business are considered and voted on separately.

 

 

 

 


6.1       Planning and Major Projects

6.1.1    55 & 57 Edmonson Street Lalor - Construction of six dwellings

File No:                                  714796

Attachments:                        1        Locality Maps  

2        Development Plans    

Responsible Officer:           Director Planning & Major Projects

Author:                                  Senior Planner   

 

APPLICANT:                                  New Dimension Drafting

COUNCIL POLICY:              Housing Diversity Strategy

ZONING:                               Neighbourhood Residential Zone

OVERLAY:                            Development Contributions Plan Overlay

REFERRAL:                          Nil

OBJECTIONS:                      One

RECOMMENDATION:         That Council refuse the application

Report

EXECUTIVE Summary

The applicant proposes to demolish the existing dwelling on each lot and construct four double storey and two single storey dwellings over the two properties. Three vehicle crossings are proposed, incorporating one of the existing vehicle crossings into the design response.

Advertising of the proposal resulted in one objection being received. The grounds of objection relate to neighbourhood character, additional noise and traffic.

The proposal does not demonstrate a satisfactory level of compliance with the provisions of Clause 55 of the Whittlesea Planning Scheme.  The proposal does not provide an appropriate response to the character of the area, the energy efficiency of the proposed dwellings, landscaping, private open space and solar access to private open space.

The Housing Diversity Strategy (HDS) nominates this site as being within the Suburban Residential Change Area. The proposal does not comply with the preferred density or provide an appropriate response to the key design principles of this Change Area.

Council officers have raised concerns with this applicant on a number of occasions.  In response the applicant has made changes to the proposal (including a reduction of the number of dwellings proposed), however, there remains outstanding issues that require more significant alterations to the layout of the proposed development.

On the basis of the Clause 55 assessment and the proposal’s lack of compliance with the key design principles of the HDS, it is recommended that Council refuse the application.

SITE AND SURROUNDING AREA

The subject site is a residential property located on the southwest side of Edmondson Street, Lalor, approximately 35m south of Curtin Avenue (see Attachment 1).  The subject site is comprised of two properties, both flat and rectangular in shape with a frontage to Edmondson Street of 33.5m and a depth of 39.6m giving a total site area of 1,328m2.  The site currently contains two detached single storey dwellings (one on each property). The dwelling at 55 Edmondson Street is constructed of weatherboard with a tiled hipped roof, while the dwelling at 57 Edmondson is constructed of brick and also has a tiled hipped roof.  There is no vegetation of significance contained within the site.

The surrounding area is generally characterised by a mixture of double and single storey dwellings.  The adjoining properties along Edmondson Street are single storey and constructed in brick. The Lalor Recreation Reserve is located to the rear of the properties.  Examples of medium density development within the immediate vicinity are located at 27 and 50 Curtain Avenue, 38 and 47 Edmondson Street, and 4 and 6 Cherry Court. 

The subject site is located in proximity to the following sites, services and infrastructure:

·    Bus route 559 - Thomastown via Darebin Drive (80m north).

·    Partridge Recreation Reserve (160m north)

·    Lalor Recreation Reserve (180m west)

·    Lalor North Primary School (420m east).

·    Stockdale Park (425m southwest).

·    Lalor Railway Station (670m west).

restrictions and easements

The site is legally described as Lots 530 and 531 on Lot of Plan 20071.  Both sites are encumbered by a 3.0m wide drainage and sewerage easement located along the southeast (side) boundary of 55 Edmondson Street and the southwest (rear) boundary of both properties.

Proposal

It is proposed to construct six dwellings, comprised of four double storey townhouses facing Edmondson Street and two single storey dwellings located to the rear of the site (see Attachment 2). The existing dwellings will be demolished.

The four double storey dwellings (Dwelling Nos. 1, 2, 3 and 4), will all front Edmondson Street with each containing an open plan kitchen/lounge/meals area, amenities, three bedrooms, bathroom and attached garage. Dwelling Nos. 1 and 4 are provided with separate driveways, while all other dwellings will utilise a centrally located shared accessway.

Dwelling Nos. 5 and 6 are single storey, located to the rear of Dwelling Nos. 1, 2, 3 and 4, and each contain an open plan kitchen/lounge/meals area, amenities, two bedrooms, bathroom and attached garage.

Details of the proposed development are outlined in the following table:

 

Height/Scale

Number of Bedrooms

Setbacks

Private Open Space

Car Parking

Maximum Height

Dwelling No. 1

DoubleStorey

3

8.5m front (northeast), 3.2m side (southeast), 23.1m side (northwest) and 16.8m rear (southwest)

88m2 (including 32mof secluded private open space)

Single garage (6.0m x 3.5m) and open car parking space in a tandem arrangement.

7.0m (overall)

 

Dwelling No. 2

Double Storey

3

8.5m front (northeast), 9.6m side (southeast), 23.1m side (northwest) and 16.8m rear (southwest)

36m2 (including 27mof secluded private open space)

Single garage (6.0m x 3.5m) and open car parking space in a tandem arrangement.

7.0m (overall)

Dwelling No. 3

Double Storey

3

8.5m front (northeast), 20.0m side (southeast), 6.6m side (northwest) and 16.8m rear (southwest)

36m2 (including 23mof secluded private open space)

Single garage (6.0m x 3.5m) and open car parking space in a tandem arrangement.

7.0m (overall)

Dwelling No. 4

Double Storey

3

8.5m front (northeast), 26.6m side (southeast), 0m side (northwest),

and 16.8m rear (southwest)

40m2 (including 27mof secluded private open space)

Single garage (6.0m x 3.5m) and open car parking space in a tandem arrangement.

7.0m (overall)

Dwelling No. 5

Single Storey

2

25.3m front (northeast), 21.1m side (southeast), 0m side (northwest), and 3.2m rear (southwest)

 

3.4m side (southeast) and 3.2m rear (southwest)

48m2 (including 42mof secluded private open space)

Single garage (6.0m x 3.5m).

4.8m (overall)

Dwelling No. 6

Single Storey

2

25.3m front (northeast), 3.4m side (southeast), 16.8m side (northwest), and 3.2m rear (southwest)

88m2 (including 42mof secluded private open space)

Single garage (6.0m x 3.5m).

4.8m (overall)

Public Notification

Advertising of the application has resulted in one objection being received.  The grounds of objection can be summarised as follows:

1.       Neighbourhood Character

2.       Additional Noise

3.       Traffic

HOUSING DIVERSITY STRATEGY

The Housing Diversity Strategy (HDS) was introduced into the Whittlesea Planning Scheme (WPS) via Planning Scheme Amendment C181, gazetted on 22 October 2015.  The Strategy provides a strategic framework for future residential development in the established areas of the municipality for the next 20 years. It aims to guide the future location and diversity of housing stock and identifies areas of housing growth and change, including areas where future housing growth will not be supported. In general, it aims to encourage higher residential densities and a diversity of housing types and sizes into areas within convenient walking distance to public transport and activity centres.

The HDS is now a reference document in the WPS and an assessment against it is provided under Standard B2 of the Clause 55 assessment.

ASSESSMENT AGAINST CLAUSE 55 OF THE WHITTLESEA PLANNING SCHEME

The following table provides details on whether the proposal complies with the requirements of Clause 55 of the Whittlesea Planning Scheme.  Under these provisions a development:

·    Must meet all of the objectives

·    Should meet all of the standards

If Council is satisfied that an application for an alternative design solution meets the objective, the alternative design solution may be considered.

 

 

ü - Compliance
× -  Non compliance

Objectives

Standards

Comments

B1

Neighbourhood Character

x

x

The surrounding area is characterised by a mixture of single and multi-dwelling developments of both double and single storey scale.

Developments in the area range in style from 1960s single storey brick and weatherboard to recent infill development usually incorporating both brick and render elements.

The proposed dwellings are not considered to be of a scale and form that respects the established character of the area, nor the preferred future character envisaged by the Housing Diversity Strategy.

B2

Residential Policy

x

x

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

             

The HDS nominates the subject site as located within the Suburban Residential Change Area (Clause 21.09-4 of the WPS). This Change Area encourages standard density with the preferred housing types comprising single dwellings and dual occupancies including duplexes. Key design principles include building heights that reflect the existing suburban scale and character, front setback to allow for significant landscaping and large canopy trees, low site coverage, increase in private open space and the provision of a large canopy tree in the rear setback.

The proposed development is not consistent with the preferred density and key design principles outlined in the HDS, including:

·      Insufficient side and rear setbacks to provide for separation between dwellings.

·      Insufficient spaces to accommodate extra larger canopy trees to the rear of the development site.

·      Insufficient space provided for significant landscaping within the front setback.

·      Insufficient provision of private open space for each dwelling.

B3

Dwelling Diversity

N/A

N/A

Only applicable to developments of ten (10) or more dwellings

B4

Infrastructure

ü

ü

 

B5

Integration with the street

ü

ü

 

B6

Street setback

 

 

 

B7

Building height

ü

ü

 

B8

Site coverage

ü

ü

 

B9

Permeability

ü

ü

 

B10

Energy efficiency

x

x

Skylights have been incorporated into the double storey dwellings to address a lack of natural light.  In this instance, these shortcomings could be addressed by a revised layout of the proposal.  While it is acknowledged that the orientation of the land presents some challenges for a design to make use of solar orientation, this proposal has not achieved a satisfactory level of compliance with this standard or objective.

B11

Open space

x

x

While the subject site abuts public open space (the Lalor Recreation Reserve) the proposal provides a single storey interface with this open space, providing no opportunities for passive surveillance in the form of windows and/or balcony.

The lack of any passive surveillance of the adjoining public open space is not an appropriate design response that complies with the open space objective.

B12

Safety

ü

ü

 

B13

Landscaping

x

x

While a large frontage width and setback of the proposed dwellings provide significant opportunities for landscaping, much of the land within the front setback of the development site will be used for vehicle access and car parking.

Furthermore, spaces within the development site have not been design to accommodate larger trees or orientated to ensure that adequate solar access is available to landscaped areas. 

The layout of the development results in a long straight driveway dividing the four dwellings that front Edmondson Street.  Insufficient landscaping is provided to soften this dominant feature of the development.

The proposed development does not comply with this standard or objective.

B14

Access

ü

ü

 

B15

Parking location

ü

ü

 

B17

Side and rear setbacks

ü

ü

 

B18

Walls on boundaries

ü

ü

 

B19

Daylight to existing windows

ü

ü

 

B20

North-facing windows

ü

ü

 

B21

Overshadowing open space

ü

ü

 

B22

Overlooking

ü

ü

 

B23

Internal views

ü

ü

 

B24

Noise impacts

ü

ü

 

B25

Accessibility

ü

ü

 

B26

Dwelling entry

ü

x

Porches provided to the rear dwellings need to be more prominent in order to achieve this standard.  Should a permit be issued, conditions can be incorporated to improve this aspect of the proposal.

B27

Daylight to new windows

ü

ü

 

B28

Private open space

x

x

Dwelling Nos. 2 and 3 are not provided with adequate private open space.  Furthermore, many of the areas of secluded private open space are obstructed by clotheslines and storage sheds.

B29

Solar access to open space

x

x

Solar access to the secluded private open space of Dwelling Nos. 1, 3, 5 and 6 is not considered to be appropriate.

B30

Storage

ü

ü

 

B31

Design detail

ü

ü

 

B32

Front fences

N/A

N/A

 

B33

Common property

ü

ü

 

B34

Site services

ü

ü

 

CAR PARKING 

Clause 52.06 of the Whittlesea Planning Scheme prescribes the rate and design standards for car parking spaces required on site.  Pursuant to this clause the following car spaces are required:

Dwelling No.

No. of bedrooms

Car spaces required

Car spaces provided

Complies

1

3

2

2

Y

2

3

2

2

Y

3

3

2

2

Y

4

3

2

2

Y

5

2

1

1

Y

6

2

1

1

Y

 

Garages should be at least 6.0m long and 3.5m wide for a single space (measured inside the garage or carport).  An open car space should be at least 4.9m long and 2.6m wide.  The proposal complies with these requirements.

As the proposal is for six dwellings, a visitor car parking space must also be provided.  The proposed development does provide one visitor car parking space.

DEVELOPMENT CONTRIBUTIONS PLAN OVERLAY (SCHEDULE 3)

The site is affected by the Development Contributions Plan Overlay.  Pursuant to Clause 45.06 of the Whittlesea Planning Scheme, the Development Contributions Plan Overlay enables the levying of contributions for the provision of works, services and facilities prior to development commencing.  Schedule 3 to the overlay requires contributions for drainage infrastructure for medium density residential development at a current rate of $2.19 per square metre of the total site area.    This requirement must be included as a condition on any planning permit that is issued.

Comments on Grounds of Objection

1.   Neighbourhood Character

The proposed development proposes to use a significant portion of the front setback for vehicle accessways and car parking.  This use of the front setback, combined with the proposed townhouse configuration is not considered to be consistent with the character of the surrounding area.  The proposed dwellings also present a visual bulk that is not consistent with the pattern of development in the surrounding area.  The proposed mirror image of the facades does not introduce visual interest that would also break up the massing of the buildings.  Accordingly, this ground of objection can be substantiated.

 

2.   Additional Noise

The development as proposed complies with Standard B24 of the Whittlesea Planning Scheme which seeks to contain noise sources in developments that may affect existing dwellings and to protect residents from external noise.  The proposal is for residential use of the land in a residential area and the development will not require external mechanical plant or any other inappropriate source of noise.  While some additional noise will be generated by virtue of the greater number of residents on the land, this is acceptable in a residential area.  Accordingly, this ground of objection cannot be substantiated.

 

3.   Traffic

While the proposed development will likely result in the loss of some on-street car parking, it does comply with the requirements of Clause 52.06 (Car Parking) and represents a nominal increase in vehicle movements within Edmondson Street and the surrounding road network. Accordingly, this ground of objection cannot be substantiated.

Declarations of Conflicts of Interest

Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest.

The Responsible Officer reviewing this report, having made enquiries with the relevant members of staff, reports that no disclosable interests have been raised in relation to this report.

Conclusion

The application does not provide a satisfactory response to the requirements of the Whittlesea Planning Scheme and in particular Clause 55. The proposal does not meet the preferred density or key design principles of the Suburban Residential Change Area of the Housing Diversity Strategy.  It is considered that the proposal will have a detrimental impact on the character of the neighbourhood and will not provide a satisfactory level of amenity for future residents within the proposed dwellings. 

Accordingly refusal of the application is recommended.

 

Recommendation

THAT Council resolve to Refuse Planning Application No. 714796 and issue a Refusal to Grant a Planning Permit for the construction of six dwellings at 55 and 57 Edmondson Street Lalor, on the following grounds:

1.       The proposed development does not satisfactorily respond to the following objectives and standards of the Whittlesea Planning Scheme:

a)      Clause 55.02-1 (Neighbourhood Character)

b)      Clause 55.03-5 (Energy Efficiency)

c)      Clause 55.03-6 (Open Space)

d)      Clause 55.03-8 (Landscaping)

e)      Clause 55.05-4 (Private Open Space)

f)       Clause 55.05-5 (Solar Access to Open Space)

2.       The proposal does not accord with the preferred density and key design principles of the Suburban Residential Change Area of the Housing Diversity Strategy.

 

 

Council Resolution

Moved:                       Cr Sinclair

Seconded:               Cr Lalios

 

The above Recommendation was adopted unchanged as part of an en bloc Resolution Moved by Cr Sinclair, Seconded by Cr Lalios.   See Section 6 - Officers' Reports for further information on items adopted en bloc.

Carried

 


6.1.2    42 Centenary drive, mill park - construction of a dwelling to the rear of an existing dwelling

File No:                                  715444

Attachments:                        1        Locality Maps  

2        Development Plans    

Responsible Officer:           Director Planning & Major Projects

Author:                                  Planning Officer EAP   

 

APPLICANT:                                  Architectural Drafting Services

COUNCIL POLICY:              Housing Diversity Strategy

ZONING:                               General Residential Zone

OVERLAY:                            Development Contributions Plan Overlay (Schedule 3)

REFERRAL:                          Nil

OBJECTIONS:                      One

RECOMMENDATION:         That Council approve the application

Report

EXECUTIVE Summary

The applicant proposes to construct one double storey dwelling to the rear of the existing single storey dwelling. Two new crossovers will provide access to both dwellings, with the existing vehicle crossing along Peyton Drive to be removed.

 

Advertising of the proposal resulted in one objection being received. The grounds of objection relate to amenity impacts.

 

The proposal demonstrates a satisfactory level of compliance with the provisions of Clause

55 of the Whittlesea Planning Scheme and meets all standards relating to overshadowing and overlooking. The proposal also meets the requirements relating to site coverage, permeability and the provision of private open space.

 

The Housing Diversity Strategy (HDS) nominates this site as being within the Neighbourhood Interface Area. The proposal complies with the preferred density and design principles of this Change Area and is considered to be an acceptable development in an appropriate location as nominated by the HDS.

 

On the basis of the Clause 55 assessment and the proposal’s general compliance with the proposed HDS, it is recommended that Council approve the application.

SITE AND SURROUNDING AREA

The subject site is a residential property located on the north-eastern side of Centenary Drive, Mill Park, approximately 400m south-east of Morang Drive (see Attachment 1).

The subject site is a corner lot. The land has a slight fall of 0.47m that runs from north to south of the lot. The site is regular in shape and has a tapered frontage of approximately 18.3m to Centenary Drive and a depth of 37.5m, giving a total site area of approximately 610m2.

 

The site currently contains a detached single storey dwelling constructed out of brick with a concrete tiled hipped roof. There is no vegetation of significance contained within the site.

 

The surrounding area is generally characterised by a mixture of double and single storey dwellings. The adjoining properties immediately to the north and north west of the site are both single storey dwellings constructed in brick.

 

Examples of medium density development in the general area include 31 Centenary Drive, 1 and 4 Peugeot Pursuit, 9, 10, 15, 17, 18, 19, 20, 21, and 23 Packard Course, and 2 Pivot Place,.

 

The subject site is located in proximity to the following sites, services and infrastructure:

·    Bus Route 569 - Epping Plaza to South Morang (400m north west)

·    Bus Route 564 - Bundoora RMIT to South Morang (400m north west)

·    Bus Route 562 - Northland SC to Whittlesea (400m north west)

·    Bus Route 572 - University Hill to Doreen (400m north west)

·    Mill Park Reserve (500m west)

·    Plenty Valley Westfield (700m north east)

·    Plenty Valley Community Health (730m north)

·    Mill Park Leisure Centre (780m west)

·    South Morang Train Station (850m north)

restrictions and easements

 

The site is legally described as Lot 292 on Plan of Subdivision 206788V. There are no encumbrances on title that preclude Council from making a decision.

 

A 2.0m wide easement traverses the rear (north) boundary of the property. This easement contains Council drainage pipes.

 

Proposal

 

It is proposed to construct a new single storey dwelling to the rear of the existing dwelling and a double carport for the existing dwelling (see Attachment 2).

 

The existing dwelling (Dwelling No. 1) will contain a kitchen, a dining room, a living room, a lounge room, three bedrooms, amenities and an attached double carport.

 

The proposed dwelling (Dwelling No. 2) will contain an open plan kitchen/living/meals area, three bedrooms, amenities and an attached single garage. Both dwellings will be accessed via proposed crossovers and accessways. Details of the proposed development are outlined in the following table:


 

 

Height/Scale

Number of Bedrooms

Setbacks

Private Open Space

Car Parking

Maximum Height

Dwelling No. 1

Single storey

3

 1.1m side (west), 4.1m side (east), 6.0m front (south), 13.0m rear (north)

85m2

 

(including
53m2 secluded private open space)

 Double carport (6.0m x 6.0m)

4.6m

Dwelling No. 2

Double storey

3

1.2m rear (west), 3.0m front (east), 3.0m side (north), 24.0m side (south)

51m2

 

(including
40m2 secluded private open space)

Single garage (6.0m x 3.5m)

 

Tandem space (5.4m x 2.6m)

7.0m

Public Notification

Advertising of the application has resulted in one objection being received.  The grounds of objection can be summarised as follows:

1.       Loss of privacy

2.       Loss of sunlight

3.       Increase in noise

HOUSING DIVERSITY STRATEGY

The Housing Diversity Strategy (HDS) was introduced into the Whittlesea Planning Scheme (WPS) via Planning Scheme Amendment C181, gazetted on 22 October 2015. The Strategy provides a strategic framework for future residential development in the established areas of the municipality for the next 20 years. It aims to guide the future location and diversity of housing stock and identifies areas of housing growth and change, including areas where future housing growth will not be supported. In general, it aims to encourage higher residential densities and a diversity of housing types and sizes into areas within convenient walking distance to public transport and activity centres.

The HDS is now a reference document in the WPS and an assessment against it is provided under Standard B2 of the Clause 55 assessment.

ASSESSMENT AGAINST CLAUSE 55 OF THE WHITTLESEA PLANNING SCHEME

The following table provides details on whether the proposal complies with the requirements of Clause 55 of the Whittlesea Planning Scheme.  Under these provisions a development:

·    Must meet all of the objectives

·    Should meet all of the standards

If Council is satisfied that an application for an alternative design solution meets the objective, the alternative design solution may be considered.

 

 

 

ü - Compliance
× -  Non compliance

Objectives

Standards

Comments

B1

Neighbourhood Character

ü

ü

 

B2

Residential Policy

ü

ü

The proposed development is consistent with the preferred density and key design principles outlined in the HDS, including landscaping, sufficient area to allow for the planting of a large canopy tree in the front setback, and site coverage (which is intended to balance densities and landscape opportunities).

B3

Dwelling Diversity

N/A

N/A

Only applicable to developments of ten (10) or more dwellings

B4

Infrastructure

ü

ü

 

B5

Integration with the street

ü

ü

 

B6

Street setback

ü

ü

 

B7

Building height

ü

ü

 

B8

Site coverage

ü

ü

 

B9

Permeability

ü

ü

 

B10

Energy efficiency

ü

ü

 

B11

Open space

N/A

N/A

Only applicable if public or communal open space is to be provided on site or adjacent to the development

B12

Safety

ü

ü

 

B13

Landscaping

ü

ü

 

B14

Access

ü

ü

 

B15

Parking location

ü

ü

 

B17

Side and rear setbacks

ü

ü

 

B18

Walls on boundaries

ü

ü

 

B19

Daylight to existing windows

ü

ü

 

B20

North-facing windows

ü

ü

 

B21

Overshadowing open space

ü

ü

 

B22

Overlooking

ü

ü

 

B23

Internal views

ü

ü

 

B24

Noise impacts

ü

ü

 

B25

Accessibility

ü

ü

 

B26

Dwelling entry

ü

ü

 

B27

Daylight to new windows

ü

ü

 

B28

Private open space

ü

ü

 

B29

Solar access to open space

ü

ü

 

B30

Storage

ü

ü

 

B31

Design detail

ü

ü

 

B32

Front fences

N/A

N/A

No front fences proposed

B33

Common property

ü

ü

 

B34

Site services

ü

ü

 

CAR PARKING 

Clause 52.06 of the Whittlesea Planning Scheme prescribes the rate and design standards for car parking spaces required on site.  Pursuant to this clause the following car spaces are required:

Dwelling No.

No. of bedrooms

Car spaces required

Car spaces provided

Complies

1

3

2

2

Y

2

3

2

2

Y

 

Garages should be at least 6.0m long and 3.5m wide for a single space and 5.5m wide for a double space (measured inside the garage or carport).  An open car space should be at least 4.9m long and 2.6m wide.  The proposal complies with these requirements.

DEVELOPMENT CONTRIBUTIONS PLAN OVERLAY (SCHEDULE 3)

The site is affected by the Development Contributions Plan Overlay. Pursuant to Clause 45.06 of the Whittlesea Planning Scheme, the Development Contributions Plan Overlay enables the levying of contributions for the provision of works, services and facilities prior to development commencing. Schedule 3 to the overlay requires contributions for drainage infrastructure for medium density residential development at a current rate of $2.19 per square metre of the total site area. This requirement must be included as a condition on any planning permit that is issued.


 

Comments on Grounds of Objection

1.   Loss of privacy

The development as proposed complies with Standard B22 of the Whittlesea Planning Scheme which seeks to minimise and negate any potential of overlooking into the secluded private open space areas and habitable room windows of existing dwellings. All windows on the second storey of the proposed dwelling that have any potential of overlooking onto secluded private open space areas or habitable room windows have sill heights of 1.7m from the finished floor level, satisfying the requirements of this standard.

 

Accordingly, this ground of objection cannot be substantiated.

2.   Loss of sunlight

The development as proposed complies with Standard B21 of the Whittlesea Planning Scheme which seeks to ensure that buildings do not significantly overshadow existing secluded private open space. The shadow diagrams (see Attachment 2) indicate that the shadow cast on the neighbouring property by the proposed dwelling is negligible and well within the limits of this standard when assessed. The adjoining property will still receive sunlight on more than 75% of the area of its secluded private open space on 22 September between the hours of 9am and 3pm.

 

Accordingly, this ground of objection cannot be substantiated.

3.   Increase in noise

The development as proposed complies with Standard B24 of the Whittlesea Planning Scheme which seeks to contain noise sources in developments that may affect existing dwellings and to protect residents from external noise. The proposal is for the residential use of the land in a residential area and the development will not require external mechanical plant or any other inappropriate source of noise. While some additional noise will be generated by virtue of the greater number of residents on the land, this is considered acceptable in a residential area.

 

Accordingly, this ground of objection cannot be substantiated.

Declarations of Conflicts of Interest

Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest.

The Responsible Officer reviewing this report, having made enquiries with the relevant members of staff, reports that no disclosable interests have been raised in relation to this report.

Conclusion

The application has been assessed against the Whittlesea Planning Scheme and in particular the objectives and standards of Clause 55 and the Housing Diversity Strategy. The proposal demonstrates a satisfactory level of compliance subject to minor modifications as outlined. It is considered that the proposal will not have a detrimental impact on the character of the neighbourhood nor on existing surrounding residential properties and accordingly approval of the application is recommended.

 

 

Recommendation

THAT Council resolve to approve Planning Application No. 715444 and issue a Notice of Decision to Grant a Permit for the construction of a dwelling to the rear of the existing dwelling at 42 Centenary Drive, Mill Park, in accordance with the endorsed plans and subject to the following conditions:

1.       Prior to the endorsement of the plans, the permit holder must pay to Council a contribution for drainage pursuant to Clause 45.06 (Schedule 3) of the Whittlesea Planning Scheme. The drainage contribution will be subject to the Consumer Price Index (CPI) applicable at the time of payment.

2.       A detailed landscape plan prepared by a person suitably qualified or experienced in landscape design must be submitted to and approved by the Responsible Authority. The plans must be drawn to scale with dimensions and show all proposed landscaping, including a canopy tree within the front and rear setback, details of any vegetation to be retained, the location of all new planting, a schedule of plant species and height at maturity, and a maintenance schedule. Species selection is to be to the satisfaction of the Responsible Authority. Any proposed trees must be at an advanced stage of growth when planted.

3.       The development allowed by this permit and shown on the plans and/or schedules endorsed to accompany this permit shall not be amended for any reason without the consent of the Responsible Authority.

4.       Once the development has started it must be continued and completed to the satisfaction of the Responsible Authority.

5.       Before the use of the development allowed by this permit starts, landscaping works shown on the endorsed plan must be completed and then maintained to the satisfaction of the Responsible Authority.

6.       Before the use of the development starts, the car parking areas and access ways must be drained, and fully sealed and constructed with asphalt, interlocking paving bricks, coloured concrete or other similar materials to the satisfaction of the Responsible Authority.

 

7.       In areas set aside for car parking, measures must be taken to the satisfaction of the Responsible Authority to prevent damage to fences or landscaped areas.

 

8.       Discharge of stormwater from the land will be required by means of an underground pipe drainage system designed to the satisfaction of the Responsible Authority and discharging into an approved outlet in a street or an underground pipe drain to the requirements of the Responsible Authority. In this regard no water shall be discharged from any pipe or paved area onto the surface of any adjacent land.

 

9.       Before starting any buildings or works, engineering plans showing a properly prepared design (with computations) for the internal drainage and method of disposal of stormwater from all roofed and sealed areas, including the use of an on-site detention system (if required), must be submitted to Council for approval. These internal drainage works must be completed to Council’s satisfaction prior to using or occupying any building on the site.

 

10.     Before the use of the development commences, reticulated (water, sewerage, gas and electricity) services must be constructed and available to the satisfaction of the Responsible Authority.

 

11.     The permit holder shall be responsible to meet all costs associated with reinstatement and/or alterations to Council or other Public Authority assets deemed necessary by such Authorities as a result of the development. The permit holder shall be responsible for obtaining prior specific written approval for any works involving the alteration of Council or other Public Authority assets.

 

12.     Prior to occupation of any dwelling on the subject site, a letter box and house number to the satisfaction of the Responsible Authority shall be provided for each dwelling.

 

13.     At all times during the construction phase of the development, the permit holder shall take measures to ensure that pedestrians are able to use with safety any footpath along the boundaries of the site.

 

14.     Upon completion of all buildings and works authorised by this permit the permit holder must notify the Responsible Authority of the satisfactory completion of the development and compliance with all relevant conditions.

 

15.     Any litter generated by building activities on the site shall be collected and stored in an appropriate enclosure which complies with Council’s Code of Practice for building/development sites. The enclosures shall be regularly emptied and maintained such that no litter overspills onto adjoining land. Prior to occupation and/or use of the building, all litter shall be completely removed from the site.

 

16.     Any mud or other materials deposited on roadways as a result of construction works on the site must be cleaned to the satisfaction of the Responsible Authority within two hours of it being deposited.

 

17.     This permit will expire if:

 

(a) the approved development does not start within two years of the date of

this permit; or

 

(b) the approved development is not completed within four years of the date of this permit.

 

The responsible authority may extend the periods referred to above if a request is made in writing. This request must be made before or within 6 months after the permit expiry date where the development has not yet started and within 12 months after the permit expiry date where the development allowed by the permit has lawfully started before the permit expires.

 

Notes:

 

Advanced Trees

 

An advanced tree under this permit shall generally constitute the following:

 

Evergreen – minimum container size 45 litre spring ring, calliper at ground level

50mm.

 

Deciduous – minimum calliper at ground level 65mm, minimum height 2 metres.

 

Building Over Easements

 

Any building or works to occur within an easement must be carried out to the satisfaction of the Responsible Authority. In addition, the following will apply:

 

(a)  Access to any drainage pit in the easement is to be maintained.

 

(b) Council reserves the right to excavate, lay, repair or replace pipes within the easement.

 

(c)  Council is not liable for any damage from such works and that reinstatement shall be the owner's responsibility and at the owner's expense.

 

(d)  Prior to a building approval being issued, any drain(s) existing in the easement are required to be shown on the plans, with a detailed sketch indicating any pier and beam footings required to span these public assets.

 

(e)   Building approval must be obtained prior to the commencement of the works.

 

Street Numbering Note

 

Property Numbers will be allocated by the City of Whittlesea in accordance with Council’s Street Numbering Policy. Please do not give potential buyers any interim numbering as this often leads to confusion and problems once the correct number is issued. Please check with Council’s Subdivision Department or GIS Department to verify all street numberings before commencement of any advertising for sale or lease.

 

Council Resolution

Moved:                       Cr Sinclair

Seconded:               Cr Lalios

 

The above Recommendation was adopted unchanged as part of an en bloc Resolution Moved by Cr Sinclair, Seconded by Cr Lalios.   See Section 6 - Officers' Reports for further information on items adopted en bloc.

Carried

 


6.1.3    1 Riverside Drive South Morang - Construction of 27 dwellings and reduction of car parking requirements

File No:                                  715406

Attachments:                        1        Locality Maps  

2        Development Plans    

Responsible Officer:           Director Planning & Major Projects

Author:                                  Senior Planner   

 

APPLICANT:                                  G. Akhidenor

COUNCIL POLICY:              Nil

ZONING:                               General Residential Zone

OVERLAY:                            Development Plan Overlay

Vegetation Protection Overlay

REFERRAL:                          VicRoads

                                                SPI Powernet

RECOMMENDATION:         That Council refuse the application

Report

EXECUTIVE Summary

The applicant proposes to construct 27 triple storey dwellings at 1 Riverside Drive, South Morang.  The proposal also requires a reduction of car parking requirements (three visitor spaces) and an alteration of access to Gorge Road due to the intensified development of the site.

The subject site is located within a Development Plan Overlay (Schedule 6) and is subsequently exempt from notice and review requirements.

The proposal demonstrates significant shortcomings having regard to the provisions of Clause 55 of the Whittlesea Planning Scheme including street setback, building height, energy efficiency, safety, landscaping, parking location, dwelling entry, solar access to open space and storage.

The proposal also requests a reduction of car parking requirements set out in Clause 52.06.  Five visitor spaces are required with two being provided on site, resulting in a shortfall of three visitor car parking spaces.

The subject site is located outside of the area addressed by the Housing Diversity Strategy.

Council officers have on two occasions raised extensive issues with this proposal in letters to the applicant.  The applicant made alterations to the plans in response to the first letter and a concept plan providing an alternative layout for the internally located dwellings in response to the second letter.  In each instance, the proposed changes did not address the fundamental shortcomings of the proposal.

On the basis of the Clause 55 assessment it is recommended that Council refuse the application.

SITE AND SURROUNDING AREA

The subject site is a residential property located on the northwest corner of Riverside Drive and Gorge Road, South Morang, approximately 620m east of Plenty Road (see Attachment 1).  The site is approximately 52.5m wide and 70.0m deep, providing a total area of 3,515m2.  The property is generally rectangular in shape with the exception of the rounded south east corner. This subject site is vacant, void of any significant vegetation and has a gentle slope from east to west with a fall of approximately 1.0m.

The surrounding area is generally characterised by double storey dwellings to the north and east, a large vacant abutting site to the west and the South Morang Primary School to the south.  The surrounding land to the north and east has been developed for medium density residential development (see Attachment 1).

The subject site is located in proximity to the following sites, services and infrastructure:

·    Bus Route 901 (along Gorge Road)

·    South Morang Primary School (22 south).

·    Riverside Reserve (370m south)

·    Riverside Community Activity Centre (370m south).

·    Commercial Hotel and Local Shops (600m west).

restrictions and easements

The subject site is legally described as Lot 1 on Plan of Subdivision 626007V.

The site is affected by a 3.0m wide sewerage easement that runs parallel with the southern boundary and a 2.0m wide drainage easement that runs parallel with the western boundary and a small portion of the northern boundary of the site.  There are no restrictions on title that preclude Council from determining the application.

Proposal

The applicant proposes to construct 27 triple storey dwellings on the subject site with vehicle access from Riverside Drive abutting the northern boundary of the site.  A low front fence with a maximum height of 1.2m is proposed along the Gorge Road and Riverside Drive frontage.  All dwellings provide a reverse living arrangement (living area on the first floor) with private open space requirements met via the provision of balconies.

Dwelling Nos. 1 to 5 are three bedroom dwellings fronting Gorge Road and are provided with pedestrian access from Gorge Road and vehicle access to a double garage via the internal driveway.

The ground level consists of a porch, entrance, bedroom with ensuite and attached double garage.  The first floor consists of a balcony, open lounge, meals and kitchen, laundry and amenities.  The second floor consists of a balcony, two bedrooms and bathroom.

The setback of dwellings from Gorge Road range from 3.8m to 3.0m.  The dwellings will be constructed to a height of 9.5m.

Dwelling Nos. 6 to 14 are three bedroom dwellings fronting Riverside Drive, with Dwelling No. 6 located on the corner of Gorge Road and Riverside Drive.  Pedestrian access is provided from Riverside Drive and vehicle access to a double garage via the internal driveway.

The ground level consists of a porch, entrance, bedroom with ensuite and attached double garage.  The first floor consists of a balcony, open lounge, meals and kitchen, laundry and amenities.  The second floor consists of a balcony, two bedrooms and bathroom.

The setback of dwellings from Riverside Drive range from 1.8m to 2.4m.  The dwellings will be constructed to a height of 9.4m.

Dwelling Nos. 15 to 19 are three bedroom dwellings located within the subject site behind Dwelling Nos. 1 to 14.  These dwellings face a 3.5m wide internal pedestrian accessway.

The ground level consists of a porch, entrance, bedroom, bathroom and attached single garage.  The first floor consists of a balcony, open lounge, meals and kitchen, laundry and amenities.  The second floor consists of a balcony, two bedrooms and bathroom.

These dwellings will be constructed to a maximum height of 9.3m.

Dwelling Nos. 20 to 27 are two bedroom dwellings located within the subject site behind Dwelling Nos. 1 to 14.  These dwellings face a 3.5m wide internal pedestrian accessway.

The ground level consists of a porch, entrance, amenities and lounge room. The first floor consists of a balcony, open lounge, meals and kitchen, and amenities.  The second floor consists of a balcony, two bedrooms, laundry and bathroom.

These dwellings will be constructed to a maximum height of 10.0m.

Public Notification

The subject site is located with a Development Plan Overlay (Schedule 6) and is exempt from notice and review requirements.

ASSESSMENT AGAINST CLAUSE 55 OF THE WHITTLESEA PLANNING SCHEME

The following table provides details on whether the proposal complies with the requirements of Clause 55 of the Whittlesea Planning Scheme.  Under these provisions a development:

·    Must meet all of the objectives

·    Should meet all of the standards

If Council is satisfied that an application for an alternative design solution meets the objective, the alternative design solution may be considered.

 

 

ü - Compliance
× -  Non compliance

Objectives

Standards

Comments

B1

Neighbourhood Character

x

x

The subject site is located within an area that has an emerging character dominated by two storey town houses with light weight cladding at the upper levels.  Setbacks are typically around 4m and as a consequence landscaping within the front setbacks is generally low scale.

The proposed development is inconsistent with the built form and existing/emerging character of the surrounding area.

B2

Residential Policy

N/A

N/A

 

B3

Dwelling Diversity

P

P

 

B4

Infrastructure

P

P

 

B5

Integration with the street

P

P

 

B6

Street setback

X

X

This standard requires that the proposed development be setback the same as the adjoining land to the west or 9.0m (whichever is the lesser).  In this instance the setback requirement is 4.0m when calculated from Riverside Drive.

The proposed front setback is 1.8m; a reduction of 2.2m.  The proposed reduction of the front setback standard is not supported due to the inadequate provision of landscaping and disruption of the streetscape, which is emphasised by the proposed three storey built form.

B7

Building height

X

X

This standard nominates a maximum building height of 9.0m.  All of the proposed dwellings exceed this height, some by as little as 0.3m while others exceed the height by 1.0m.

While the proposed building height requires a minor variation of the standard, comparisons with nearby dwellings show that the proposed dwellings will be significantly higher.

B8

Site coverage

P

X

The proposed development proposes a site coverage of 60.5%.  This is a minor variation of the standard which nominates a maximum site coverage of 60%.

The proposed variation of this standard is considered to be acceptable.

B9

Permeability

P

P

 

B10

Energy efficiency

X

X

None of the dwellings are orientated to make good use of solar access.  Significant changes to the layout of the design are needed to improve the design response to this objective.

B11

Open space

N/A

N/A

Only applicable if public or communal open space is to be provided on site or adjacent to the development

B12

Safety

X

X

This objective seeks to ensure that the layout of the development provides for the safety and security of residents and property.

The proposed development does not comply with this objective for the following reasons:

·      The entrances to Dwelling Nos. 15 to 27 are hidden within an internal pedestrian walkway that is not visible from outside of the site.

·      Even within the pedestrian walkway, the entrances to Dwelling Nos. 15 to 27 are hidden, with the entrance to Dwelling Nos. 15 to 19 angled away from the common walkway.

·      The internal accessway to the walkway has minimal surveillance from the dwellings.

B13

Landscaping

X

X

While a landscape plan has been submitted for consideration with this application, the spaces provided for landscaping are not adequate to provide for substantial plantings that complement the proposed built form.

In particular, the setback of the proposed dwellings from Riverside Drive and Gorge Road needs to be more generous.  The internal spaces within the site need significant improvements with many portions of the accessways not provided with landscaping.

The proposed landscape plan does not provide an appropriate response to this objective.

B14

Access

P

P

 

B15

Parking location

X

X

The proposed parking location of the second car space (not the garage) for Dwelling Nos. 15 to 19 is not considered to be convenient or secure.

Dwelling Nos. 14, 15, 16, 17, 18 and 19 all propose windows to habitable rooms with no setback from the common driveway.

B17

Side and rear setbacks

X

X

The proposed Dwelling No. 1 is not adequately setback from the western boundary.  The encroachment of the setback standard occurs at the upper level of the dwelling, which needs to be further recessed from the western boundary.

B18

Walls on boundaries

P

P

 

B19

Daylight to existing windows

P

P

 

B20

North-facing windows

P

P

 

B21

Overshadowing open space

P

P

 

B22

Overlooking

P

X

The balcony of Dwelling No. 15 has views directly into the secluded private open space of the dwelling to the north at 13 Riverside Drive.

While the current proposal does not comply with this requirement, a condition could be used to require this balcony to be screened to prevent overlooking.

B23

Internal views

P

P

 

B24

Noise impacts

P

P

 

B25

Accessibility

P

P

 

B26

Dwelling entry

X

X

The entries to Dwelling Nos. 16 to 27 are hidden from view and lack a sense of address and identity.

The proposed development is not consistent with this objective.

B27

Daylight to new windows

P

P

 

B28

Private open space

P

P

 

B29

Solar access to open space

X

X

None of the private open space areas are orientated to face north.  While those areas of open space that face either east or west are acceptable, the open space to Dwelling Nos. 1 to 5 all face south.

A revised design response is needed to maximise solar access to open space.  As proposed the development is not consistent with this objective.

B30

Storage

X

X

Adequate storage has not been provided to all dwellings as required by this standard.  In particular, the storage provide for Dwelling Nos. 1 to 5, 7 to 14 and 20 to 27 is less than the required 6m3 and all dwellings (except Dwelling No. 6) has a door that swings into the storage space significantly reducing the available storage space.

B31

Design detail

P

P

 

B32

Front fences

P

P

 

B33

Common property

P

P

 

B34

Site services

P

P

 

CAR PARKING 

Clause 52.06 of the Whittlesea Planning Scheme prescribes the rate and design standards for car parking spaces required on site.  Pursuant to this clause the following car spaces are required:

Dwelling Nos.

No. of bedrooms

Car spaces required

Car spaces provided

Complies

1 to 19

3

2

2

Y

20 to 27

2

1

1

Y

 

Garages should be at least 6.0m long and 3.5m wide for a single space and 5.5m wide for a double space (measured inside the garage or carport).  An open car space should be at least 4.9m long and 2.6m wide.  The proposal complies with these requirements.

In addition to the car parking spaces for each dwelling, Clause 52.06 requires the provision of one visitor car parking space on site for every five dwellings.  In this instance five visitor spaces are required, however, only two are provided.

The proposal requests a reduction of three visitor car parking spaces.  In front of the subject site along Riverside Drive are two on street car parking spaces provided within an indented parking bay.  While this could be extended (at the expense of the applicant) to accommodate three vehicles, the subject site is more than capable of providing the required car parking spaces subject to the deletion of one or more dwellings from the proposal.

DEVELOPMENT PLAN OVERLAY (SCHEDULE 6)

Pursuant to the Development Plan Overlay (schedule 6), a permit granted must be generally in accordance with a Development Plan prepared to the satisfaction of responsible authority. The Gorge Road Outline Development Plan South Morang was endorsed by Council on 5 October 1999.

Relevant to this application, the Gorge Road Outline Development Plan South Morang requires a housing density target of 15 dwellings per hectare and seeks to provide for a range of housing types within an interesting and diverse residential environment.

While medium density housing outcomes are encouraged in this location, this does not set aside the need to provide an appropriate design that enhances the surrounding neighbourhood and provides quality amenity outcomes for future residents.

AlteratioN of Access to Gorge Road

The subject site abuts Gorge Road to the south, which is within a Road Zone Category 1.  While the proposal does not propose any physical alteration or creation of access to Gorge Road, the intensification of the use of the land requires that the application be referred to VicRoads under Clause 66.03 of the Whittlesea Planning Scheme.  VicRoads have provided consent to the application subject to the inclusion of specific permit conditions to be included should a planning permit be issued.

Declarations of Conflicts of Interest

Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest.

The Responsible Officer reviewing this report, having made enquiries with the relevant members of staff, reports that no disclosable interests have been raised in relation to this report.

Conclusion

The application has been assessed against the Whittlesea Planning Scheme and in particular the objectives and standards of Clause 55.  The proposal does not demonstrate a satisfactory level of compliance with the objectives of Clause 55 or the parking requirements of Clause 52.06.  It is considered that the proposal will not provide future residents with an appropriate level of amenity and will have a detrimental impact on the surrounding residential properties.

It is noted that to address the issues identified in the Clause 55 assessment, the centrally located dwellings would need to be redesigned.  Should the applicant wish to revisit this proposal in the future, it is recommended that front and side setbacks be increased, all car parking requirements are resolved and that the centrally located dwellings be provided with improved amenity outcomes.

Accordingly refusal of the application is recommended.

 

 

Recommendation

THAT Council resolve to Refuse Planning Application No. 715406 and issue a Refusal to Grant a Planning Permit for the construction of 27 dwellings, a reduction of car parking requirements and alteration of access to Gorge Road at 1 Riverside Drive South Morang, on the following grounds:

1.       The proposed reduction of car parking requirements is not supported as adequate space is available on site for all visitor car parking spaces to be provided.

2.       The proposed development does not satisfactorily respond to the following objective and standards of the Whittlesea Planning Scheme:

a)      Clause 55.02-1 (Neighbourhood Character)

b)      Clause 55.03-1 (Street Setback)

c)      Clause 55.03-2 (Building Height)

d)      Clause 55.03-5 (Energy Efficiency)

e)      Clause 55.03-7 (Safety)

f)       Clause 55.03-8 (Landscaping)

g)      Clause 55.03-10 (Parking Location)

h)      Clause 55.04-1 (Side and Rear Setbacks)

i)       Clause 55.05-2 (Dwelling Entry)

j)       Clause 55.05-5 (Solar Access to Open Space)

k)      Clause 55.05-6 (Storage)

Council Resolution

Moved:                       Cr Sinclair

Seconded:               Cr Lalios

 

The above Recommendation was adopted unchanged as part of an en bloc Resolution Moved by Cr Sinclair, Seconded by Cr Lalios.   See Section 6 - Officers' Reports for further information on items adopted en bloc.

Carried

 


6.1.4    108 Elation Boulevard, Doreen - Variation to restrictive covenant PS702851K to allow for overshadowing of private open space outside that prescribed within MCP AA2218

File No:                                  715447

Attachments:                        1        Locality Maps  

2        Development Plans    

Responsible Officer:           Director Planning & Major Projects

Author:                                  Planning Officer   

 

APPLICANT:                        Porter Davis Homes

COUNCIL POLICY:              Nil

ZONING:                               General Residential

OVERLAY:                            Development Contributions Plan (Schedule 6)

Development Plan (Schedule 5)

Incorporated Plan (Schedule 1)

Vegetation Protection (Schedule 1)

REFERRAL:                          Nil

OBJECTIONS:                      Two

RECOMMENDATION:         That council refuse the application

Report

EXECUTIVE Summary

The application proposes to vary Restrictive Covenant PS702851K to allow for overshadowing of private open space outside that prescribed within Memorandum of Common Provisions (MCP) AA2218. 

The application was advertised to all beneficiaries to the covenant in accordance with Section 52 of the Planning and Environment Act 1987.  At the completion of the advertising period, two individual written objections were received, both beneficiaries to the covenant.  The objections relate to financial loss, loss of amenity, concerns in relation to its effect on neighbouring properties garden growth and that building the house close to neighbouring properties will affect their privacy.

The proposal is recommended for refusal given the issues raised in objections, particularly from beneficiaries and non-compliance with Clause 52.02 of the Whittlesea Planning Scheme which requires that Council consider the interests of affected people.

SITE AND SURROUNDING AREA

The subject site is a vacant parcel of land on Elation Boulevard, approximately 15m west of the intersection with Gallivant Drive (see Attachment 1). The site is flat and rectangular in shape with a frontage of approximately 10m to Elation Boulevard and an average depth of 35m, resulting in a total site area of 364m2. The surrounding area is generally characterised by single and double storey dwellings. The adjoining land to the east and west of the site contain double storey dwellings.

There are currently minimal services and infrastructure in proximity to the site, however it is noted that the undeveloped land to the north, on the opposite side of Elation Boulevard is zoned for commercial purposes.

restrictions and easements

The subject site is legally described as Lot 1318 on Plan of Subdivision PS702851K and is encumbered by Restrictive Covenant PS702851K registered on title on 25 October, 2013.  The relevant part of the covenant reads:

-     ‘The registered proprietor or proprietors for the time being on any burdened lot on this plan must not build or erect or allow to be built or erected any building or structure, other than a building or structure which is built or erected in accordance with the provisions of memorandum of common provisions registered in dealing no. AAA218 which memorandum of common provisions is incorporated into and by this plan’.

The relevant part of the memorandum of common provisions registered in dealing no AAA218 reads:

-     3.6 Overshadowing of recreational private open space (regulation 418 and clause 54.04-5)

 

‘Any overshadowing of recreational private open space must be in accordance with regulation 418 (Overshadowing of recreational private open space) in Part 4 of the Regulations and clause 54.04-5 in the scheme, except as varied as a consequence of other restrictions in this MCP.

 

Where sunlight to the recreational private open space of an existing dwelling is reduced, at least 75 per cent, or 40 square metres with a minimum dimension of 3 metres, whichever is the lesser area, of the secluded private open space should receive a minimum of 5 hours of sunlight between 9am and 3pm on 22 September.

The 75 per cent, or 40 square metres minimum area can be measured in different locations during the day.

Proposal

The proposal seeks to vary Restrictive Covenant PS702851K to allow for overshadowing of private open space outside that prescribed within MCP AA2218 (See Attachment 2).

Public Notification

Advertising of the application has resulted in two objections, both of which are beneficiaries to the covenant.  The grounds of objection can be summarised as follows:

 

1.       Financial loss and property devaluation.

2.       Loss of amenity.

3.      Lack of sunlight exposure.

4.      Privacy impacts.

planning assessment

The following provisions of the Whittlesea Planning Scheme are relevant to this application.

General Residential Zone (Clause 32.08)

The property is located within a General Residential Zone. The purpose of the General Residential Zone is to provide residential development at a range of densities that respect neighbourhood character. The use and development of a dwelling on a lot greater than 300m2 in area does not require a planning permit under the provisions of this zone.

Development Contributions Plan Overlay (DCPO6) (Clause 45.06)

The purpose of this overlay is to identify areas which require the preparation of a development contributions plan for the purpose of levying contributions for the provision of works, services and facilities before development can commence. This application does not propose any buildings and works and therefore no planning permit is required under this provision.

Development Plan Overlay (DP05) (Clause 43.04)

The purpose of this overlay is for any use or development to comply with the Mernda Development Plan. The application does not propose any land use and therefore no planning permit is required under this provision

Incorporated Plan Overlay (IPO1) (Clause 43.03)

The purpose of this overlay is to set out a broad strategic framework for the development of the Mernda Strategy Plan. The application does not propose any land use and therefore no planning permit is required under this provision.

Vegetation Protection Overlay (VP01) (Clause 42.02)

A Planning permit is not required under this overlay as no native vegetation is required to be removed as part of this application.

Easements Restrictions and Reserves (Clause 52.02)

Pursuant to Clause 52.02, a permit is required to create, vary or remove an easement or restriction under Section 23 of the Subdivision Act 1988.

The Planning and Environment Act 1987 requires that restrictive covenants be considered in planning decisions about how land is used or developed.  A permit cannot be granted (or amended) if anything authorised by the permit would result in a breach of a restrictive covenant (unless the permit also allow the removal or variation of the covenant).  A permit can be granted to remove or vary a covenant.

Section 60(5) of the Act states that the Responsible Authority must not grant a permit which allows the removal or variation of a covenant unless it is satisfied that:

(a)     the owner of any land benefited by the restriction (other than an owner who, before or after the making of the application for the permit but not more than three months before its making, has consented in writing to the grant of the permit) will be unlikely to suffer any detriment of any kind (including any perceived detriment) as a consequence of the removal or variation of the restriction.

(b)     if that owner has objected to the grant of the permit, the objection is vexatious or not made in good faith.’

Restrictive Covenants created after 25 June 1991 are governed by Section 60(2) of the Act.  This provides that the Responsible Authority must not grant a permit which allows the removal of a restriction unless it is satisfied that the owner of any land benefited by the restriction will be unlikely to suffer –

(a)     Financial loss; or

(b)     Loss of amenity; or

(c)     Loss arising from change to the character of the neighbourhood; or

(d)     Any other material detriment –

as a consequence of the removal of the restriction.

Restrictive Covenant PS702851K (registered on title on 25 October, 2013) is subject to the Section 60(2) (as outlined above). 

The covenant reflects the same requirements as that outlined in Standard 54.04-5, that is 40m2 of existing secluded private open space (with a minimum dimension of 3m) is to receive a minimum of 5 hours of sunlight between 9am and 3pm on 22 September.  The sunlight available to the secluded private open space area of the existing dwelling to the west of the subject site (Lot 1319) currently provides for a minimum of 35m2 of area receiving the required sunlight during this 5 hour period.  The proposed design of the dwelling on the subject site will reduce this area to 24m2.  It is noted that the sunlight available to the secluded private open space area of the dwelling at Lot 1320, is not reduced to less than the 40m2 required under this standard and the restrictive covenant.

Practice Note 27 ‘Understanding the Residential Development Standards’ prepared by the Department of Transport, Planning and Local Infrastructure states that if existing sunlight to the secluded private open space of an existing dwelling is less than the requirements of the standard, the amount of sunlight should not be further reduced. 

It is considered that the design of the new dwelling on the subject site should be modified to ensure that the current level of sunlight provided to the existing secluded private open space on Lot 1319 is not further reduced.  The variation to the restrictive covenant is therefore not supported as it is will result in a loss of amenity to beneficiaries of the restrictive covenant.

Comments on Grounds of Objection

1.       Financial loss and property devaluation.

Financial loss is a specific consideration as listed in Section 60(2) of the Act.  The applicant has not provided evidence to the contrary and therefore, this objection is relevant under Section 60(2) of the Act.

2.       Loss of amenity.

Loss of amenity is a specific consideration as listed in Section 60(2) of the Act. The applicant has not provided evidence to the contrary and therefore, this objection is relevant under Section 60(2) of the Act.

3.                Lack of sunlight exposure.

Concerns in relation to the effect of overshadowing on neighbouring properties garden growth is listed as a consideration (material detriment). The applicant has not provided evidence to the contrary and therefore, this objection is relevant under Section 60(2) of the Act.

4.       Impact on Privacy.

The application is for a planning permit to remove a restrictive covenant in its own right. Therefore, speculative concerns in relation to the construction of the dwellings are not directly relevant to the application. Should a building permit be issued in respect to the property an assessment against the requirements of clause 54 will be undertaken. This objection is not substantiated having regard to Section 60(2) of the Act.

Declarations of Conflicts of Interest

Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest.

The Responsible Officer reviewing this report, having made enquiries with the relevant members of staff, reports that no disclosable interests have been raised in relation to this report.

Conclusion

The proposal seeks to apply for a variation to Restrictive Covenant PS702851K to allow for overshadowing of private open space outside that prescribed within MCP AA2218.  Two objections have been received, both of which are beneficiaries to the covenant.  These objections relate to financial loss and loss of amenity.  As beneficiaries are likely to suffer loss and detriment as a result of the removal, it is recommended that Council refuse the application.

 

Recommendation

THAT Council resolve to refuse Planning Application No. 715447 and issue a Refusal to Grant a Planning Permit for the variation of Restrictive Covenant PS702851 to allow for overshadowing of private open space outside that prescribed within MCP AA2218.  at 108 Elation Boulevard, Doreen on the following grounds:

1.   The variation of Restrictive Covenant PS702851K would result in persons benefiting from the covenant (restriction) to suffer financial loss, loss of amenity and other forms of material detriment having regard to Section 60(2) of the Planning and Environment Act 1987.

2.   The removal of Restrictive Covenant PS702851K will adversely impact upon beneficiaries to the covenant and is contrary to the decision guidelines of Clause 52.02 of the Whittlesea Planning Scheme.

3.   The removal of the covenant would have an adverse impact on the neighbourhood character of the area.

Council Resolution

Moved:                       Cr Sinclair

Seconded:               Cr Lalios

 

The above Recommendation was adopted unchanged as part of an en bloc Resolution Moved by Cr Sinclair, Seconded by Cr Lalios.   See Section 6 - Officers' Reports for further information on items adopted en bloc.

Carried

 


6.1.5    Gambling Advocacy - Alliance for Gambling Reform

File No:                                  167397

Attachments:                        1        Introductory flyer: Alliance for Gambling Reform     

Responsible Officer:           Acting Manager Established Areas Planning

Author:                                  Social Planner EAP   

 

Report

EXECUTIVE Summary

The Alliance for Gambling Reform (Alliance) is a newly-formed national collaboration of organisations with a shared concern about the harmful impacts of gambling in Australia.  The Alliance seeks to campaign for reforms to the gambling industry to reduce harm from gambling.  Initially, the Alliance will focus on poker machine related harm through supporting a $1 per spin bet limit in Victoria and seeking licensing changes to address the proliferation of gambling machines into more vulnerable communities. 

The mission of the Alliance aligns closely with, and builds upon, endorsement of Financial Hardship – Gambling as a key Council advocacy priority, actions identified in the City of Whittlesea Gambling Strategy and Action Plan 2014 -2024 (Gambling Strategy) and the local government led Enough Pokies campaign.

An introductory flyer about the Alliance is attached to this report. This report recommends the City of Whittlesea become a support of the Alliance.

Background

Council is a long-term State-wide leader in advocating to reduce harm from gambling in the community. In 2014 Council participated in the State-wide local government campaign, Enough Pokies, which successfully mobilised over 70 councils, the Municipal Association of Victoria (MAV), The Victorian Local Governance Association (VLGA), The Salvation Army and secured financial contributions from 13 foundation councils.

The campaign was timed to coincide with the November 2014 state election and its aim was to raise awareness on gambling legislative reform.  Enough Pokies was successful in bringing together an unprecedented coalition of councils advocating for pokies licensing system reform. 

The campaign was assisted by a specialist communications firm and achieved significant media coverage including in The Age, The Herald Sun, The Guardian and the ABC.  The campaign commissioned an experienced barrister to draft legislative amendments proposing improvements to the Gambling Regulation Act to better protect vulnerable communities.

Campaign events included a launch held at The Salvation Army, two localised road shows with one at the City of Whittlesea, the other at the City of Greater Dandenong and eight roundtable meetings (one of these hosted by the City of Whittlesea).

The campaign attracted 16,000 pledges of community support across the State.

Building on the work of Enough Pokies is a key part of the mission of the Alliance. 


 

Victorian local government is a key driving force behind the Alliance.  Other organisations supporting the Alliance are (this is not an exhaustive supportive list):

§ VLGA

§ MAV

§ Salvation Army

§ Australian Drug Foundation

§ Public Health Association of Australia

§ The Uniting Church in Australia

§ The Reichstein Foundation

§ Victorian Inter-Church Gambling Taskforce

§ Australian Churches Gambling Taskforce

§ Whittlesea Interagency Taskforce on Gambling (WITOG)

§ Gambling Impact Society (NSW)

Dr Charles Livingstone from the School of Public Health and Preventive Medicine at Monash University (a key advisor to the Enough Pokies campaign) is also involved in the Alliance.

Council adopted Financial Hardship – Gambling on 3 February 2015 as one of its top 10 advocacy priorities.  As part of the action on this priority, it is recommended Council become an ‘Alliance Supporter’ and assist the Alliance in appropriate ways in the interests of reducing gambling harm in our community.

Proposal

Alliance board membership is comprised of leading experts and public spokespeople in gambling prevention, representing agencies across Victoria and Australia.  Among others, it includes Tim Costello, a publicly prominent advocate for gambling reform spanning the past two decades.

The Alliance board will oversee the implementation of the Alliance campaign plan and a National Campaign Manager has been engaged to implement and execute the campaign.

The focus of the Alliance seeks to:

§ Lower the maximum bet on poker machines in Victoria to $1 per bet by the end of 2018, complemented by a suite of policies that reduce the harm caused by poker machines.  This $1 bet campaign goal is identified in the Gambling Strategy and by the Enough Pokies campaign.

§ Partner with councils to press for regulatory changes to the licensing system for the location and placement of poker machines, as identified in the Gambling Strategy and sought through the Enough Pokies campaign.

§ Support Councils through assisting the coordination of localised community campaigns and events aligning with the national campaign.

As an ‘Alliance Supporter’ it is envisaged Council’s logo may be displayed along with the logos of other supporters on the Alliance website.  Council will also be able to use the Alliance’s logo to promote the Alliance in appropriate ways and may consider coordinating some local events to coincide with the Alliance’s campaign initiatives in late 2015 and during 2016.  As an Alliance Supporter Council would not be responsible for the activities of the Alliance and, although it is unlikely, if there were any concerns about any action or position taken by the Alliance in the future, it would be entirely open to Council to resolve to cease to be an Alliance Supporter at any time.

Alignment of the Alliance to Gambling Strategy

 

The Alliance aims are closely aligned with the vision and objectives the Gambling Strategy as set out in the table below:

 

Objective

Action

Council’s role

Objective one

Council will be a highly effective leader in working towards reducing the harm to public health caused by gambling.

1.1: Partner with local services, community leaders and community and business organisations to inform the community about the health risks of gambling.

Provider and Facilitator

1.4: Inform community leaders and community groups of electronic gaming activity in the municipality.

Facilitator

Objective two

Advocate for best practice gambling regulation and policy changes that reduce the potential harms to the social, economic, environmental and health outcomes of current and future City of Whittlesea residents.

2.1: Undertake and participate in advocacy efforts

to reduce the harm of gambling to the City of Whittlesea community.

Advocate

2.3: Promote harm minimisation EGM strategies.

Advocate

2.5: Stimulate and strengthen key stakeholder partnerships drawing on public health approaches to address the harms associated with gambling.

Advocate

 

Alignment of the Alliance to Council Plan 2013 - 2017

The Council Plan dedicates Future Direction 5 to Health and Wellbeing, and as noted under Council goal 5.16, commits to taking action through partnerships to reduce and minimise the negative social, economic and health impacts of gambling.

Consultation

Consultation for development of the Gambling Strategy, the Council Plan: 2013-2017 (Shaping Our Future) and input from key stakeholders such as the Whittlesea Community Futures Partnership confirmed that Council’s efforts should focus on advocacy to reduce the harm of gambling in our community. Advocacy is a core component of the work Council undertakes to facilitate and enhance healthy communities.

Critical Dates

The Alliance was launched mid October 2015 with key Alliance initiatives taking place in 2016.

Financial Implications

No direct financial implications are associated with Council becoming an Alliance Supporter.  It is envisaged there will be staff in-kind support from across the organisation (specifically: Established Areas Planning, Advocacy Unit, Marketing and Communications and key departments within the Community Services Directorate).  

Supporting the activity of the Alliance will be consistent with, Council’s current and previous work on gambling concerns and advocacy efforts.  However, it must be noted support is not mandatory and any requests for assistance by the Alliance will be determined on a case-by- case basis.

Policy strategy and legislation

Key State Legislative Drivers

The Strategy and Action Plan has been prepared in direct response to State Government legislation and particular:

§ Local Government Act 1989

§ Public Health and Wellbeing Act 2008

§ Planning and Environment Act 1987

§ Gambling Regulation Act 2003

City of Whittlesea Policies and Strategies

City of Whittlesea Gambling Strategy and Action Plan 2014 – 2024

City of Whittlesea Safe in our homes, Safe in our communities Family Violence Strategy 2014-18

 

Links to the CoUNCIL Plan

FUTURE DIRECTION          Health and Wellbeing

Theme                                   Healthy community

Strategic Objective              We take a prevention approach to health issues and health policy

 

The City of Whittlesea Council Plan 2013-2017 (Shaping Our Future) integrates the Municipal Public Health and Wellbeing Plan. It recognises that there are strong synergies between the provision of Council services and initiatives and the health and wellbeing of the community. The specific Council goal states:

Council will work in partnership with community and service providers to reduce and minimise the negative social, economic and health impacts of gambling.

Declarations of Conflicts of Interest

Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest.

The Responsible Officer reviewing this report, having made enquiries with the relevant members of staff, reports that no disclosable interests have been raised in relation to this report.

Conclusion

The Alliance seeks to campaign for reforms to the gambling industry to reduce harm from poker machines and protect disadvantaged communities from the increasing numbers of poker machines.  The mission of the Alliance aligns and builds on Council’s commitment to include Financial Hardship - Gambling as a key advocacy priority, the Gambling Strategy vision and actions and the Enough Pokies campaign. It is recommended that Council endorse involvement in supporting the Alliance.

 

RECOMMENDATION

THAT Council resolve to:

1.       Note the formation of the Alliance for Gambling Reform

2.       Endorse Council’s involvement in supporting the Alliance for Gambling Reform and its initiatives

 

Council Resolution

Moved:                       Cr Alessi

Seconded:               Cr Lalios

 

THAT Council resolve to adopt the Recommendation.

Carried

 


6.1.6    54 Cedar Street, Thomastown - Construction of five dwellings comprising four double storey dwellings and one single storey dwelling

File No:                                  715302

Attachments:                        1        Locality Maps  

2        Development Plans    

Responsible Officer:           Director Planning & Major Projects

Author:                                  Planning Officer Established Areas Planning   

 

APPLICANT:                                  MS Designer Living Pty Ltd

COUNCIL POLICY:              Housing Diversity Strategy

ZONING:                               General Residential

OVERLAY:                            Development Contributions Plan (Schedule 3)

REFERRAL:                          Nil

OBJECTIONS:                      Two

RECOMMENDATION:         That Council approve the application.

Report

EXECUTIVE Summary

The applicant proposes to demolish the existing dwelling and construct five dwellings (four double storey and one single storey).

Advertising of the proposal resulted in two objections being received.  The grounds of objection relate to an increase in traffic volume, noise disturbance, reduction in on-street parking, impacts on amenity and privacy, loss of neighbourhood character and property devaluation.

The proposal demonstrates a satisfactory level of compliance with the provisions of Clause 55 of the Whittlesea Planning Scheme and meets all standards relating to street setback, site coverage, car parking provision, permeability and the provision of private open space. 

The Housing Diversity Strategy (HDS) nominates this site as being within the Neighbourhood Interface Change Area.  The proposal generally complies with the preferred density and design principles of this Change Area and is considered to be an acceptable medium density development in an appropriate location as nominated by the HDS. 

On the basis of the Clause 55 assessment and the proposal’s general compliance with the proposed HDS, it is recommended that Council approve the application.

SITE AND SURROUNDING AREA

The subject site is a residential property located on the northern side of Cedar Street, Thomastown, approximately 100m south of The Boulevard (see Attachment 1).  The subject site is relatively flat and irregular in shape with a frontage to Cedar Street of 16.5m and a depth of 57.4m to 61.0m giving a total site area of 974m2.  The site currently contains a detached single storey dwelling constructed of brick with a concrete tiled hipped roof.  There is no vegetation of significance on the land.

The surrounding area is generally characterised by single storey dwellings and a mix of dwelling styles, with few double storey dwellings in the area.  The adjoining properties to the east and west of the site are single storey and constructed in brick.  Examples of medium density development within the immediate vicinity of the site are located at 1 Belah Street (east adjoining site) and 87 The Boulevard (northwest adjoining site).

The majority of the dwellings in the area are constructed of brick with pitched tiled roofs.  There is limited built form on the boundary and formal low level gardens form the existing character.

The subject site is located in proximity to the following sites, services and infrastructure:

·    Bus route 559 – Thomastown via Darebin Drive (100m south)

·    Bus route 570 – Thomastown – RMIT Bundoora via Betula Ave Plenty Road (250m west)

·    Bus route 555 – Epping – Northland via Lalor, Thomastown, Reservoir (580m west)

·    Thomastown East Primary School (300m east)

·    Thomastown Railway Station (550m west)

·    Thomastown shops (580m west)

restrictions and easements

The site is legally described as Lot 103 on Plan of Subdivision 013479.  Covenant 2448748 applies to the land and relates to the removal of any earth, clay, stone, gravel or soil from the site for purposes other than building. 

There are no restrictions on title that preclude Council from determining the application.

Proposal

It is proposed to construct five dwellings (four double storey and one single storey) (see Attachment 2).  The existing dwelling will be demolished.

The four double storey dwellings will each contain a living/meals area, kitchen, laundry and powder room at the ground floor and two to three bedrooms (some with an ensuite and WIR), a bathroom and a study/rumpus area at the upper floor. Dwelling No. 5 (single storey) provides an open kitchen/meals/living area, study nook and two bedrooms.  Dwellings Nos. 2 - 5 will utilise the existing crossover and driveway located along the western boundary west side of the property. Dwelling No. 1 will be accessed by a new crossover and driveway located along the eastern property boundary.

Details of the proposed development are outlined in the following table:

 

Height/

Scale

Number of Bedrooms

Setbacks

Private Open Space

Car Parking

Maximum Height

Dwelling No. 1

Double storey

3

6.1m front (south), 6.8m side (west), 0m side (east) 44.0m rear (north)

81m2 (including 27mof secluded private open space)

Single garage (6.0m x 3.5m)

tandem car space (5.4m x 2.6m)

7.6m (overall)

Dwelling No. 2

Double storey

2

17.4m front (south), 4.2m side (west), 1.5m side (east) and 32.0m rear (north)

40m2

(including 32mof secluded private open space)

Single garage (6.0m x 3.5m)

7.3m (overall)

Dwelling No. 3

Double storey

2

27.0m front (south), 4.2m side (west), 3.0m side (east) and 21.6m rear (north)

40m2

(including 30mof secluded private open space)

Single garage (6.0m x 3.5m)

7.3m (overall)

Dwelling No. 4

Double storey

2

35.8m front (south), 3.87m side (west), 3.0m side (east) and 12.0m rear (north)

40m2

(all secluded private open space)

Single garage (6.0m x 3.5m)

7.4m (overall)

Dwelling No. 5

Single storey

2

45.6m front (south), 0m side (west), 0m side (east) and 0.97m (average)  rear (north)

40m2

(including 30mof secluded private open space)

Single garage (6.0m x 3.5m)

4.7m (overall)

Public Notification

Advertising of the application has resulted in two objections being received.  The grounds of objection relate to the following:

1.   Increase in traffic volume

2.   Noise disturbance

3.   Reduction in on-street parking

4.   Impacts on amenity and privacy

5.   Loss of neighbourhood character

6.   Property devaluation

 

HOUSING DIVERSITY STRATEGY

The Housing Diversity Strategy (HDS) was introduced into the Whittlesea Planning Scheme (WPS) via Planning Scheme Amendment C181, gazetted on 22 October 2015.  The Strategy provides a strategic framework for future residential development in the established areas of the municipality for the next 20 years. It aims to guide the future location and diversity of housing stock and identifies areas of housing growth and change, including areas where future housing growth will not be supported. In general, it aims to encourage higher residential densities and a diversity of housing types and sizes into areas within convenient walking distance to public transport and activity centres.

The HDS is now a reference document in the WPS and an assessment against it is provided under Standard B2 of the Clause 55 assessment.

ASSESSMENT AGAINST CLAUSE 55 OF THE WHITTLESEA PLANING SCHEME

The following table provides details on whether the proposal complies with the requirements of Clause 55 of the Whittlesea Planning Scheme.  Under these provisions a development:

·    Must meet all of the objectives

·    Should meet all of the standards

 

If Council is satisfied that an application for an alternative design solution meets the objective, the alternative design solution may be considered.

 

 

ü - Compliance
X -  Non compliance

Objectives

Standards

Comments

B1

Neighbourhood Character

 

P

 

P

Developments within the area are generally from the 1960s and typically detached, double fronted single storey houses in brick or weatherboard cladding.  Garages, where provided, are generally located at the rear of the property whereas the veranda style carports are located in front of the main building line or aligned with the building façade.

Neighbouring properties have varying street frontage setbacks averaging approximately 9m. The east-adjoining dwelling makes up a recent three dwelling corner development with a setback of 3m.

A medium density multi-unit development is considered to be in keeping with the changing neighbourhood character (to a more contemporary, modern character).

Overall, the dwellings present a contemporary design in a neighbourhood which currently contains many examples of generally low-scale multi-dwelling developments.  The proposal offers an example of medium density development envisaged within the HDS.

 

B2

Residential Policy

P

P

 The proposed development is consistent with the key design principles outlined in the HDS.

B3

Dwelling Diversity

N/A

N/A

Only applicable to developments of ten (10) or more dwellings

B4

Infrastructure

P

P

 

B5

Integration with the street

P

P

 

B6

Street setback

P

P

 

B7

Building height

P

P

 

B8

Site coverage

P

P

 

B9

Permeability

P

P

 

B10

Energy efficiency

P

P

 

B11

Open space

N/A

N/A

 

B12

Safety

P

P

 

B13

Landscaping

 

P

 

x

 

A landscape plan has not been provided with the application. This can be included as a condition of any permit that may be granted.

 

B14

Access

P

P

 

B15

Parking location

 

P

 

P

 

 

B17

Side and rear setbacks

 

P

 

x

The rear (north) ground floor wall of Dwelling No. 5 does not comply with Standard B17.

 

An average setback of 0.97m has been provided along this boundary. The standard requires a minimum of 1.0m setback along this boundary (with a wall height of 3.3m). It is considered that this is a minor reduction and will have minimal impact on the amenity of the north-adjoining property. 

B18

Walls on boundaries

P

P

 

B19

Daylight to existing windows

P

P

 

B20

North-facing windows

P

P

 

B21

Overshadowing open space

P

P

 

B22

Overlooking

P

x

The ground level west-facing kitchen window of Dwelling No. 4, the south-facing bedroom window of Dwelling No. 5, and the east and north-facing meals windows of Dwelling No. 5 will have views into the secluded private open space of the adjoining properties to the north, east and west and therefore require appropriate treatment to prevent overlooking. To address this, the provision of adequate trellis on the northern, eastern and western 1.6m high boundary fences will be required, to comply with Standard B22 of Clause 55.04-6 of the Whittlesea Planning Scheme. It is considered that this could be included as a condition of any permit that may be granted.

B23

Internal views

P

P

 

B24

Noise impacts

P

P

 

B25

Accessibility

P

P

 

B26

Dwelling entry

P

P

 

B27

Daylight to new windows

P

P

 

B28

Private open space

P

P

 

B29

Solar access to open space

P

P

 

B30

Storage

P

P

 

B31

Design detail

P

x

To ensure the proposal is acceptable in the neighbourhood setting, a condition will be added on any permit issued requesting a colour and material schedule.

B32

Front fences

N/A

N/A

No front fence is proposed.

B33

Common property

P

P

 

B34

Site services

P

P

 

 

CAR PARKING  and access

Clause 52.06 of the Whittlesea Planning Scheme prescribes the rate and design standards for car parking spaces required on site.  Pursuant to this clause the following car spaces are required:

 

Dwelling No.

No. of bedrooms

Car spaces required

Car spaces provided

Complies

1

3

2

2

Y

2

2

1

1

Y

3

2

1

1

Y

4

2

1

1

Y

5

2

1

1

Y

Visitor car space

 

1

1

Y

Garages should be at least 6.0m long and 3.5m wide for a single space (measured inside the garage or carport).  An open car space should be at least 4.9m long and 2.6m wide.  The proposal complies with these requirements.

For developments of five or more dwellings, one visitor car space is required to be provided onsite to service the entire development. The proposal complies with these requirements.

The upper level retreat of Dwelling No. 4 could be easily enclosed as a third bedroom, generating the need for an additional car space. Therefore, to ensure that the retreat remains an open space, a condition of any approval granted will require its reconfiguration to have an opening no less than 3.0m and to remain unenclosed.

DEVELOPMENT CONTRIBUTIONS PLAN OVERLAY (SCHEDULE 3)

The site is affected by the Development Contributions Plan Overlay.  Pursuant to Clause 45.06 of the Whittlesea Planning Scheme, the Development Contributions Plan Overlay enables the levying of contributions for the provision of works, services and facilities prior to development commencing.  Schedule 3 to the overlay requires contributions for drainage infrastructure for medium density residential development at a current rate of $2.19 per square metre of the total site area.    This requirement must be included as a condition on any planning permit that is issued.

Comments on Grounds of Objection

1.   Increase in traffic volume and reduction in on-street car parking.

The proposal provides for six onsite car spaces.  Each dwelling is provided with car parking which meets the requirements of Clause 52.06 and an additional onsite parking space for visitors is also provided. Accordingly, this ground of objection cannot be substantiated.

2.   Noise disturbance.

The development as proposed complies with Standard B24 of the Whittlesea Planning Scheme which seeks to contain noise sources in developments that may affect existing dwellings and to protect residents from external noise. The proposal is for residential use of the land in a residential area and the development will not require external mechanical plant or any other inappropriate source of noise. While some additional noise will be generated by virtue of the greater number of residents on the land, this is acceptable in a residential area.  Accordingly, this ground of objection cannot be substantiated.

3.   Impacts on amenity and privacy.

Subject to the inclusion of conditions on any approval granted in relation to the provision of trellis on the northern, eastern and western 1.6m high boundary fences to comply with Standard B22 of Clause 55.04-6 of the Whittlesea Planning Scheme, there will be no overlooking potential. This ground of objection can be addressed by the inclusion of a condition on any permit issued.

4.   Loss of neighbourhood character.

There are minimal examples of similar double storey built form in the immediate vicinity of the site; however, the proposal provides a single storey dwelling at the rear and well-articulated and recessed upper floors.  It is considered that the proposed development presents a design which is responsive to the objectives of the Neighbourhood Interface Change Area while still responding to the context of the site and surrounds and the existing neighbourhood character.  Accordingly, this ground of objection cannot be substantiated.

5.   Property devaluation

It has been consistently upheld by the Victorian Civil and Administrative Tribunal (VCAT) that property devaluation is not a relevant planning consideration. 

Declarations of Conflicts of Interest

Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest.

The Responsible Officer reviewing this report, having made enquiries with the relevant members of staff, reports that no disclosable interests have been raised in relation to this report.

Conclusion

The application has been assessed against the Whittlesea Planning Scheme and in particular the objectives and standards of Clause 55.  The proposal demonstrates a satisfactory level of compliance subject to minor modifications as outlined.  It is considered that the proposal will not have a detrimental impact on the character of the neighbourhood nor on existing surrounding residential properties and accordingly, approval of the application is recommended.

Recommendation

THAT Council resolve to approve Planning Application No. 715302 and issue a Notice of Decision to Grant a Permit for Construction of five dwellings in accordance with the endorsed plans and subject to the following conditions:

1.       Prior to the endorsement of the plans required under Condition No. 3 of this Permit, the permit holder must pay to Council a contribution for drainage pursuant to Clause 45.06 of the Whittlesea Planning Scheme.  The drainage contribution will be subject to the Consumer Price Index (CPI) applicable at the time of payment.

2.       Prior to the endorsement of the plans required under Condition No. 3, or at    such later date as the Responsible Authority may approve in writing, there shall be lodged with the Responsible Authority an amount of $5,000 as security deposit for the satisfactory completion and maintenance of the landscaping works hereby permitted. Upon completion of the landscaping works to the satisfaction of the Responsible Authority, the Responsible Authority will refund the security deposit to the then owner of the subject land.

3.       Prior to the commencement of buildings and works, three copies of a revised plan must be submitted to and approved by the Responsible Authority, showing:

a)      Reconfiguration of the upper level retreat of Dwelling No. 4 to have an opening no less than 3.0m and remain unenclosed;

b)      Provision of trellis on the northern, eastern and western 1.6m high boundary fences to comply with Standard B22 of Clause 55.04-6 of the Whittlesea Planning Scheme, to the satisfaction of the Responsible Authority;

c)      Nomination of a minimum 1.8m high internal boundary fencing;

d)      A full colour schedule of building colours and materials, to the satisfaction of the Responsible Authority.

4.       Prior to the commencement of buildings and works, a detailed landscape plan, prepared by a person suitably qualified or experienced in landscape design, must be submitted to and approved by the Responsible Authority.  The plans must be drawn to scale, with dimensions, and show all proposed landscaping, including details of any existing vegetation to be removed or retained, the location of all new planting, a schedule of plant species and height at maturity and a maintenance schedule.  Species selection is to be to the satisfaction of the Responsible Authority.  Any proposed trees must be at an advanced stage of growth when planted.

5.       The development allowed by this Permit and shown on the plans and / or schedules endorsed to accompany this Permit must not be amended for any reason without the prior written consent of the Responsible Authority.

6.       Once the development has started, it must be continued and completed to the satisfaction of the Responsible Authority.

7.       Prior to the occupation of the proposed dwellings hereby approved, landscaping works shown on the endorsed plan must be completed and then maintained to the satisfaction of the Responsible Authority.

8.       Prior to the occupation of the proposed dwellings hereby approved, the car parking areas and accessways must be drained, fully sealed and constructed with asphalt, interlocking paving bricks, coloured concrete or other similar materials to the satisfaction of the Responsible Authority.

9.       In areas set aside for car parking, measures must be taken to the satisfaction of the Responsible Authority to prevent damage to fences or landscaped areas.

10.     Vehicular access to the site must be by way of a vehicle crossing constructed in accordance with Council’s Vehicle Crossing Specifications to suit the proposed driveway(s) and the vehicles that will be using the crossing(s).  The location, design and construction of the vehicle crossing(s) must be approved by the Responsible Authority.  Any existing unused or redundant crossing(s) must be removed and replaced with concrete kerb, channel and naturestrip to the satisfaction of the Responsible Authority.  All vehicle crossing works are to be carried out with Council supervision under a Road Opening Permit.

11.     Before starting any buildings or works, engineering plans showing a properly prepared design (with computations) for the internal drainage and method of disposal of stormwater from all roofed and sealed areas, including the use of an on-site detention system (if required), must be submitted to Council for approval.  These internal drainage works must be completed to Council’s satisfaction prior to using or occupying any building on the site.

12.     Prior to the occupation of the dwellings hereby approved, the permit holder is required to construct at no cost to Council, drainage works between the subject site and the Council nominated point of discharge.  Such drainage works must be designed by a qualified engineer and submitted to and approved by Council.  Computations will also be required to demonstrate that the drainage system will not be overloaded by the new development.  Construction of the drainage system must be carried out in accordance with Council specifications and under Council supervision.

13.     Discharge of stormwater from the land will be required by means of an underground pipe drainage system designed to the satisfaction of the Responsible Authority and discharging into an approved outlet in a street or an underground pipe drain to the requirements of the Responsible Authority.  In this regard no water shall be discharged from any pipe or paved area onto the surface of any adjacent land. 

14.     Prior to the occupation of the dwellings hereby approved, reticulated (water, sewerage, gas and electricity) services must be constructed and available to the satisfaction of the Responsible Authority.

15.     The permit holder shall be responsible to meet all costs associated with reinstatement and/or alterations to Council or other Public Authority assets deemed necessary by such Authorities as a result of the development.  The permit holder shall be responsible for obtaining prior specific written approval for any works involving the alteration of Council or other Public Authority assets.

16.     Prior to the occupation of any dwelling on the subject site, a letter box and house number to the satisfaction of the Responsible Authority shall be provided for each dwelling.

17.     At all times during the construction phase of the development, the permit holder shall take measures to ensure that pedestrians are able to use with safety any footpath along the boundaries of the site.

18.     Upon completion of all buildings and works authorised by this permit the permit holder must notify the Responsible Authority of the satisfactory completion of the development and compliance with all relevant conditions.

19.     Any litter generated by building activities on the site shall be collected and stored in an appropriate enclosure which complies with Council’s Code of Practice for building/development sites.  The enclosures shall be regularly emptied and maintained such that no litter overspills onto adjoining land.  Prior to occupation and/or use of the building, all litter shall be completely removed from the site.

20.     Any mud or other materials deposited on roadways as a result of construction works on the site must be cleaned to the satisfaction of the Responsible Authority within two hours of it being deposited.

21.     In accordance with the Planning and Environment Act 1987, a Permit for the development expires:-

(a)     The approved development does not start within two years of the date of this permit; or

(b)     The approved development is not completed within four years of the date of this permit. 

The Responsible Authority may extend the periods referred to above if a request is made in writing.  This request must be made before or within six months after the permit expiry date where the development has not yet started and within 12 months after the permit expiry date where the development allowed by the permit has lawfully started before the permit expires.

Notes

Advanced Trees

An advanced tree under this Permit shall generally constitute the following:-

·        Evergreen – minimum container size 45 litre spring ring, calliper at ground level 50mm.

·        Deciduous – minimum calliper at ground level 65mm, minimum height 2 metres.

Property Numbering

Property Numbers will be allocated by the City of Whittlesea in accordance with Council’s Street Numbering Policy.  Please do not give potential buyers any interim numbering as this often leads to confusion and problems once the correct number is issued.  Please check with Council’s Subdivision Department or GIS Department to verify all street numberings before commencement of any advertising for sale or lease.

 

Council Resolution

Moved:                       Cr Lalios

Seconded:               Cr Griffin

 

THAT Council resolve to adopt the Recommendation.

LOST

 

Council Resolution

Moved:                       Cr Lalios

Seconded:               Cr Griffin

 

THAT consideration of this item be deferred to later in the meeting to allow advice to be prepared by the officers on the grounds for refusal.

Carried

Council Resolution

Moved:                       Cr Pavlidis

Seconded:               Cr Lalios

 

THAT Council resolve to refuse Planning Application No. 715302 and issue a Refusal to Grant a Permit for Construction of five dwellings on the following grounds:

1.    The proposal does not appropriately respond to its context and surrounding development and is contrary to the character of the area.

2.    The proposal does not satisfactorily satisfy the requirements of Clause 55 (ResCode) of the Whittlesea Planning Scheme, including:

a)         Clause 55.02-1 (Neighbourhood Character)

b)         Clause 55.03-8 Landscaping)

c)         Clause 55.04-1 (Side and Rear Setbacks)        

d)         Clause 55.04-6 (Overlooking objective)

e)         Clause 55.06-1 (Design detail)

3.    The development will have adverse amenity impacts on surrounding residential properties.

4.    The proposal will result in the loss of on-street car parking.

5.    The proposal does not comply adequately with Clause 52.06 (car parking and access) given the issues around the turning circles within the development.

6.    The proposal does not accord with the Key Design Principles of the Neighbourhood Interface Change Area of the Housing Diversity Strategy.

Carried

 


6.1.7    26 Warbler Walk, South Morang - Construction of a two-storey dwelling to the rear of the existing dwelling

File No:                                  715414

Attachments:                        1        Locality Maps  

2        Development Plans    

Responsible Officer:           Director Planning & Major Projects

Author:                                  Planning Officer Established Areas Planning   

 

APPLICANT:                                  MS Designer Living Pty Ltd

COUNCIL POLICY:              Housing Diversity Strategy

ZONING:                               General Residential

OVERLAY:                            Development Contributions Plan (Schedule 3)

Vegetation Protection (Schedule 1)

REFERRAL:                          Nil

OBJECTIONS:                      One

RECOMMENDATION:         That Council approve the application.

Report

EXECUTIVE Summary

The applicant proposes to retain the existing single storey dwelling and construct a new double storey dwelling to the rear.  The existing vehicle crossing is integrated into the design response and will provide access to both dwellings.

Advertising of the proposal resulted in one objection being received.  The grounds of objection relate to car parking provision and traffic concerns in Warbler Walk.

The proposal demonstrates a satisfactory level of compliance with the provisions of Clause 55 of the Whittlesea Planning Scheme and meets all standards relating to street setback, site coverage, permeability and the provision of private open space. 

The Housing Diversity Strategy (HDS) nominates this site as being within the Suburban Residential Change Area.  The proposal generally complies with the preferred density and design principles of this Change Area and is considered to be an acceptable development in an appropriate location as nominated by the HDS. 

On the basis of the Clause 55 assessment and the proposal’s general compliance with the proposed HDS, it is recommended that Council approve the application.

SITE AND SURROUNDING AREA

The subject site is a residential property located on the western side of Warbler Walk, South Morang, approximately 100m south west of Stanley Jones Drive (see Attachment 1).  The subject site slopes 4.0m from north east to west and is irregular in shape with a frontage to Warbler Walk of 14.8m and a maximum depth of 41.0m, giving a total site area of approximately 589m2.  The site currently contains a detached single storey dwelling and an outbuilding in close proximity to the north and western boundary.  There is no vegetation of significance on the site.

The surrounding area is generally characterised by similar sized allotments comprising predominantly single storey detached dwellings.  

Examples of medium density development within the vicinity of the site are located at Nos. 13 and 29 Stanley Jones Drive, Nos. 7 and 20 Kookaburra Walk, No. 9 Whistler Walk and No. 2 Honeyeater Terrace. 

The subject site is located in proximity to the following sites, services and infrastructure:

 

·  Riverside Reserve (adjoining to the west).

·  Morang South Primary School (375m north).

·  Gorge Road (660m north).

·  Bus Route 901 – Frankston – Melbourne Airport (along Gorge Road).

·  Reid Street Shopping Strip – Gorge Road (700m north west).

restrictions and easements

The site is legally described as Lot 265 on Plan of Subdivision 312893R. 

A 2.0 metre wide drainage and sewerage easement is located along the southern and western property boundaries. Approval has been received from Yarra Valley Water and Council’s Development Engineering Department to allow for the construction of the carports over the easements for each dwelling.

There are no restrictions on title that preclude Council from determining this application. 

Proposal

It is proposed to construct one new double storey dwelling to the rear of the existing single storey dwelling (see Attachment 2).  Dwelling No. 1 (existing) will have street frontage to Warbler Walk and the new dwelling will be located to the rear of Dwelling No. 1 (in tandem).

The existing dwelling contains a kitchen, dining, living, meals, bathroom and two bedrooms (one with ensuite). It is proposed to construct a double carport to the rear of the dwelling.

The proposed new dwelling will contain an open plan kitchen/meals/family area, a powder room and laundry at ground level and two bedrooms, an open rumpus and a bathroom at first floor level. A single carport is proposed along the northern property boundary.

Vehicle access to each dwelling will be provided via the existing crossover along the northern property boundary. 

Details of the proposed development are outlined in the following table:

 

Height/Scale

Number of Bedrooms

Setbacks

Private Open Space

Car Parking

Maximum Height

Dwelling No. 1 (existing)

Single Storey

2

6.7m front (east), 2.5m side (south), 3.3m side (north), and 17.0m rear (west).

73m2

(including 30m2 of secluded private open space)

 

Double carport (6.0m x 3.5m)

5.4m (existing)

Dwelling No. 2

Double

Storey

2

30.0m front (east), 2.0m side (south), 3.5m side (north) and 2.0m rear (west).

40m2

(including 26m2 secluded private open space)

Single carport (6.0m x 3.5m)

7.8m (overall)

Public Notification

Advertising of the application has resulted in one objection being received.  The grounds of objection relate to car parking provision and traffic concerns in Warbler Walk.

HOUSING DIVERSITY STRATEGY

The Housing Diversity Strategy (HDS) was introduced into the Whittlesea Planning Scheme (WPS) via Planning Scheme Amendment C181, gazetted on 22 October 2015. The Strategy provides a strategic framework for future residential development in the established areas of the municipality for the next 20 years.  It aims to guide the future location and diversity of housing stock and identifies areas of housing growth and change, including areas where future housing growth will not be supported.  In general, it aims to encourage higher residential densities and a diversity of housing types and sizes into areas within convenient walking distance to public transport and activity centres.

The HDS is now a reference document in the WPS and an assessment against it is provided under Standard B2 of the Clause 55 assessment.

ASSESSMENT AGAINST CLAUSE 55 OF THE WHITTLESEA PLANNING SCHEME

The following table provides details on whether the proposal complies with the requirements of Clause 55 of the Whittlesea Planning Scheme.  Under these provisions a development:

·    Must meet all of the objectives

·    Should meet all of the standards

If Council is satisfied that an application for an alternative design solution meets the objective, the alternative design solution may be considered.

 

 

ü - Compliance
× -  Non compliance

Objectives

Standards

Comments

B1

Neighbourhood Character

ü

ü

The surrounding area is characterised by predominantly single developments of both double and single storey scale.

Developments in the area range in style from 1980s-2000s single and double storey brick and weatherboard dwellings.

The proposal retains the existing single storey brick dwelling and the proposed dwelling to the rear is treated in rendered finishes and a scale and form that respects the established character of the area and the preferred future character envisaged by the Housing Diversity Strategy.

B2

Residential Policy

ü

ü

The proposed development is consistent with the preferred density on this site and also complies with the key design principles outlined in the HDS.

B3

Dwelling Diversity

 

N/A

 

N/A

Only applicable to developments of ten (10) or more dwellings

B4

Infrastructure

ü

ü

 

B5

Integration with the street

ü

ü

 

B6

Street setback

 

N/A

 

N/A

 

B7

Building height

ü

ü

 

B8

Site coverage

ü

ü

 

B9

Permeability

ü

ü

 

B10

Energy efficiency

ü

x

To ensure that layout of the new dwelling reduces fossil fuel energy use and makes appropriate use of daylight and solar energy, it is considered appropriate to include a requirement on any approval granted to install a northern window(s) to the ground floor stairwell, to the satisfaction of the Responsible Authority.

 

This requirement can be addressed through the inclusion of a condition on any permit that is issued.

B11

Open space

N/A

N/A

 

B12

Safety

ü

ü

 

B13

Landscaping

ü

x

 

 

 

 

 

The submitted development plans show opportunity for sufficient landscaping throughout the development and have been assessed as acceptable subject to the inclusion of a canopy tree within the secluded private open space of each dwelling.

This requirement can be addressed through the inclusion of a condition on any permit that is issued.

B14

Access

ü

ü

 

B15

Parking location

ü

x

The north-facing dining room window of the existing dwelling does not meet the minimum setback requirement from the common accessway. Therefore, a condition of any approval will require compliance with Clause 55.03-10 or provision of a design mechanism (such as a raised window sill height) to address this issue, to the satisfaction of the Responsible Authority.

B17

Side and rear setbacks

ü

ü

 

B18

Walls on boundaries

N/A

N/A

 

B19

Daylight to existing windows

ü

ü

 

B20

North-facing windows

ü

ü

 

B21

Overshadowing open space

ü

ü

 

B22

Overlooking

ü

x

There are overlooking opportunities from the ground floor of both the existing dwelling and proposed dwelling to the south-adjoining property. This is due to the finished floor levels being greater than 800mm above natural ground level and the height of the southern boundary fence (less than 1.8m). It is considered that the overlooking opportunity of the proposed dwelling can be rectified by provision of trellis screening atop the existing 1.7m high southern boundary fence, or by other means, to the satisfaction of the Responsible Authority. This will be included as a condition of any approval granted.

B23

Internal views

ü

ü

 

B24

Noise impacts

ü

ü

 

B25

Accessibility

ü

ü

 

B26

Dwelling entry

ü

ü

 

B27

Daylight to new windows

ü

ü

 

B28

Private open space

ü

x

The meals room of Dwelling No. 1 provides the only access to the secluded private open space area. To ensure that this area is utilised for this purpose (and not transformed into a third bedroom restricting access to the private open space area), it is considered appropriate to include a condition requiring that this room be reconfigured to remove the ‘robe.’ This will be included as a condition of any approval granted.

It is noted that if this room were to be used as a third bedroom, the dwelling has two car spaces and will therefore still comply with the parking requirements of the planning scheme.

B29

Solar access to open space

ü

ü

 

B30

Storage

ü

ü

 

B31

Design detail

ü

x

To ensure the proposal is acceptable in the neighbourhood setting a condition will be added on any permit issued requesting a colour and material schedule.

B32

Front fences

N/A

N/A

 

B33

Common property

ü

ü

 

B34

Site services

ü

x

The location of the meter box appears to restrict access to the entry of the existing dwelling. Therefore, as a condition of any approval granted, the meter box will be required to be relocated to the northern boundary of the site, directly opposite the existing location, to the satisfaction of the Responsible Authority. 

CAR PARKING 

Clause 52.06 of the Whittlesea Planning Scheme prescribes the rate and design standards for car parking spaces required on site.  Pursuant to this clause the following car spaces are required:

Dwelling No.

No. of bedrooms

Car spaces required

Car spaces provided

Complies

1

2

1

2

Y

2

2

1

1

Y

Garages should be at least 6.0m long and 3.5m wide for a single space and 5.5m wide for a double space (measured inside the garage or carport).  An open car space should be at least 4.9m long and 2.6m wide. 

The carport proposed for Dwelling No. 2 does not meet the minimum dimension of 6.0m in length (only 5.2m provided). Therefore, a condition of permit will require the extension of the length of the carport to be 6.0m, in accordance with Clause 52.06 and to the satisfaction of the Responsible Authority.

Subject to the inclusion of a condition of permit, the proposal complies with these requirements.

DEVELOPMENT CONTRIBUTIONS PLAN OVERLAY (SCHEDULE 3)

The site is affected by the Development Contributions Plan Overlay.  Pursuant to Clause 45.06 of the Whittlesea Planning Scheme, the Development Contributions Plan Overlay enables the levying of contributions for the provision of works, services and facilities prior to development commencing.  Schedule 3 to the overlay requires contributions for drainage infrastructure for medium density residential development at a current rate of $2.19 per square metre of the total site area.  This requirement must be included as a condition on any planning permit that is issued.


 

Comments on Grounds of Objection

1.       Car parking provision and traffic concerns

The objector raised concerns in respect to existing car parking difficulties on the street and building contractors associated with the development parking on the street. Each dwelling is provided with double and single carports which meet the requirements of Clause 52.06 (subject to the length of the carport to Dwelling No. 2 being increased to 6.0m included as a condition of permit). The conduct of any building contractors associated with the construction of the development is subject to regular traffic laws and cannot be regulated through the Whittlesea Planning Scheme.

Accordingly, this ground of objection cannot be substantiated.

Declarations of Conflicts of Interest

Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest.

The Responsible Officer reviewing this report, having made enquiries with the relevant members of staff, reports that no disclosable interests have been raised in relation to this report.

Conclusion

The application has been assessed against the Whittlesea Planning Scheme and in particular the objectives and standards of Clause 55.  The proposal demonstrates a satisfactory level of compliance subject to minor modifications as outlined.  It is considered that the proposal will not have a detrimental impact on the character of the neighbourhood nor on existing surrounding residential properties and accordingly, approval of the application is recommended.

 

Recommendation

THAT Council resolve to approve Planning Application No. 715414 and issue a Notice of Decision to Grant a Permit for Construction of a dwelling to the rear of an existing dwelling in accordance with the endorsed plans and subject to the following conditions:

1.       Prior to the endorsement of the plans required under Condition No. 3 of this permit, the permit holder must pay to Council a contribution for drainage pursuant to Clause 45.06 of the Whittlesea Planning Scheme.  The drainage contribution will be subject to the Consumer Price Index (CPI) applicable at the time of payment.

2.       Before the development starts, three copies of a revised plan must be submitted to and approved by the Responsible Authority, showing:

 

a)   Extension of the length of the Dwelling No. 2 carport, in accordance with Clause 52.06 of the Whittlesea Planning Scheme and to the satisfaction of the Responsible Authority;

 

b)   Installation of a north-facing window(s) to the ground floor stairwell of Dwelling No. 2 in accordance with Clause 55.03-5, to the satisfaction of the Responsible Authority;

 

c)   The removal of the north-facing dining room window of the existing dwelling in accordance with Clause 55.03-10 of the Whittlesea Planning Scheme or provision of a design mechanism to address the issue, to the satisfaction of the Responsible Authority;

 

d)   Provision of trellis screening atop the existing 1.7m high southern boundary fence adjacent to the south-facing windows of Dwelling No. 2, or by other means to achieve full compliance with Clause 55.04-6, to the satisfaction of the Responsible Authority;

 

e)   Meals room of Dwelling No. 1 reconfigured to remove the robe, to the satisfaction of the Responsible Authority;

 

f)    Submission of a colours and materials schedule in accordance with Clause 55.06-4 of the Whittlesea Planning Scheme, to the satisfaction of the Responsible Authority;

 

g)   The meter box relocated to the northern boundary of the site, directly opposite the entry walkway to the porch of the existing dwelling, to the satisfaction of the Responsible Authority.

3.       Prior to the commencement of development, a revised landscape plan prepared by a person suitably qualified or experienced in landscape design must be submitted to and approved by the Responsible Authority.  The plans must be drawn to scale with dimensions and show all proposed landscaping, including details of any vegetation to be retained, the location of all new planting, a schedule of plant species and height at maturity, and a maintenance schedule.  Species selection is to be to the satisfaction of the Responsible Authority.  A medium size canopy tree is to be provided within the private open space areas of each dwelling.

4.       The development allowed by this permit and shown on the plans and/or        schedules endorsed to accompany this permit shall not be amended for any    reason without the consent of the Responsible Authority.

5.       Once the development has started it must be continued and completed to the satisfaction of the Responsible Authority.

6.       Prior to the occupation of the proposed dwellings hereby approved, landscaping works shown on the endorsed plans must be completed and then maintained to the satisfaction of the Responsible Authority.

7.       Prior to the occupation of the proposed dwellings hereby approved, the car parking areas and access ways must be drained, and fully sealed and constructed with asphalt, interlocking paving bricks, coloured concrete or other similar materials to the satisfaction of the Responsible Authority.

8.       In areas set aside for car parking, measures must be taken to the satisfaction of the Responsible Authority to prevent damage to fences or landscaped areas.

9.       Vehicular access to the site must be by way of a vehicle crossing constructed in accordance with Council’s Vehicle Crossing Specifications to suit the proposed driveway(s) and the vehicles that will be using the crossing(s).  The location, design, and construction of the vehicle crossing(s) must be approved by the Responsible Authority.  Any existing unused or redundant crossing(s) must be removed and replaced with concrete kerb, channel and naturestrip to the satisfaction of the Responsible Authority.  All vehicle crossing works are to be carried out with Council supervision under a Road Opening Permit.

10.     Before starting any buildings or works, engineering plans showing a properly prepared design (with computations) for the internal drainage and method of disposal of stormwater from all roofed and sealed areas, including the use of an on-site detention system (if required), must be submitted to Council for approval.  These internal drainage works must be completed to Council’s satisfaction prior to using or occupying any building on the site.

11.     Prior to the occupation of the proposed dwellings hereby approved, the permit holder is required to construct at no cost to Council, drainage works between the subject site and the Council nominated point of discharge.  Such drainage works must be designed by a qualified engineer and submitted to and approved by Council.  Computations will also be required to demonstrate that the drainage system will not be overloaded by the new development.  Construction of the drainage system must be carried out in accordance with Council specifications and under Council supervision.

12.     Prior to the occupation of the proposed dwellings hereby approved, reticulated (water, sewerage, gas and electricity) services must be constructed and available to the satisfaction of the Responsible Authority.

13.     The permit holder shall be responsible to meet all costs associated with reinstatement and/or alterations to Council or other Public Authority assets deemed necessary by such Authorities as a result of the development.  The permit holder shall be responsible for obtaining prior specific written approval for any works involving the alteration of Council or other Public Authority assets.

14.     Prior to the occupation of the proposed dwellings hereby approved, a letter box and house number to the satisfaction of the Responsible Authority shall be provided for each dwelling.

15.     At all times during the construction phase of the development, the permit holder shall take measures to ensure that pedestrians are able to use with safety any footpath along the boundaries of the site.

16.     Upon completion of all buildings and works authorised by this permit the permit holder must notify the Responsible Authority of the satisfactory completion of the development and compliance with all relevant conditions.

17.     Any litter generated by building activities on the site shall be collected and stored in an appropriate enclosure which complies with Council’s Code of Practice for building/development sites.  The enclosures shall be regularly emptied and maintained such that no litter overspills onto adjoining land.  Prior to occupation and/or use of the building, all litter shall be completely removed from the site.

18.     Any mud or other materials deposited on roadways as a result of construction works on the site must be cleaned to the satisfaction of the Responsible Authority within two hours of it being deposited.

19.     This permit will expire if:

          a)      the approved development does not start within two years of the date of this permit; or

          b)      the approved development is not completed within four years of the date of this permit.

          The responsible authority may extend the periods referred to above if a request is made in writing.  This request must be made before or within 6 months after the permit expiry date where the development has not yet started and within 12 months after the permit expiry date where the development allowed by the permit has lawfully started before the permit expires.

Notes:

Advanced Trees

An advanced tree under this permit shall generally constitute the following:

          Evergreen – minimum container size 45 litre spring ring, calliper at ground level 50mm.

          Deciduous – minimum calliper at ground level 65mm, minimum height 2 metres.

Property Numbering

Property Numbers will be allocated by the City of Whittlesea in accordance with Council’s Street Numbering Policy.  Please do not give potential buyers any interim numbering as this often leads to confusion and problems once the correct number is issued.  Please check with Council’s Growth Area Development Assessment Department or GIS Unit to verify all street numbering before commencement of any advertising for sale or lease.

 

Council Resolution

Moved:                       Cr Sinclair

Seconded:               Cr Lalios

 

The above Recommendation was adopted unchanged as part of an en bloc Resolution Moved by Cr Sinclair, Seconded by Cr Lalios.   See Section 6 - Officers' Reports for further information on items adopted en bloc.

Carried

 


6.1.8    20 TONELLI CRESCENT, MILL PARK - CONSTRUCTION OF A DWELLING TO THE REAR OF AN EXISTING DWELLING

File No:                                  715451

Attachments:                        1        Locality Maps  

2        Development Plans  

3        Concept Plans    

Responsible Officer:           Director Planning & Major Projects

Author:                                  Planning Officer EAP   

 

APPLICANT:                                  Architectural Plans & Permits Pty Ltd

COUNCIL POLICY:              Housing Diversity Strategy

ZONING:                               General Residential

OVERLAY:                            Development Contributions Plan (Schedule 3)

REFERRAL:                          AusNet

OBJECTIONS:                      One

RECOMMENDATION:         That Council approve the application

Report

EXECUTIVE Summary

The applicant proposes to construct one double storey dwelling to the rear of the existing single storey dwelling. A proposed crossover is to be located along Tonelli Crescent and will provide access to Dwelling No. 1, and a reinstated crossover along Ford Court is proposed to provide access to Dwelling No. 2.

Advertising of the proposal resulted in one objection being received. The grounds of objection relate to amenity, parking, privacy and safety concerns.

The proposal demonstrates a satisfactory level of compliance with the provisions of Clause 55 of the Whittlesea Planning Scheme and meets all standards relating to overshadowing and overlooking. The proposal also meets the requirements relating to site coverage, permeability and the provision of private open space. However, there some minor non-compliances with the proposal in relation to Standards B17 (setbacks) and B19 (daylight to existing windows). The applicant has submitted a concept plan demonstrating that these issues can be rectified by the inclusion of a condition on any permit issued (see Attachment 3).

The Housing Diversity Strategy (HDS) nominates this site as being within the Suburban Residential Area. The proposal complies with the preferred density and design principles of this Change Area and is considered to be an acceptable development in an appropriate location as nominated by the HDS.

On the basis of the Clause 55 assessment and the proposal’s general compliance with the  HDS, it is recommended that Council approve the application.

SITE AND SURROUNDING AREA

The subject site is a residential property located on the northern side of Tonelli Crescent, Mill Park, approximately 250m south of Childs Road (see Attachment 1). The land is sloped and has a north to south fall of 1.94m. The site is a corner lot and is rectangular in shape with a tapered frontage to Tonelli Crescent of 17.7m and a depth of 36.0m, giving it a total site area of approximately 593.21m2.

 

The site currently contains a detached single storey dwelling constructed out of brick with a concrete tiled hipped roof. There is no vegetation of significance contained within the site.

 

The surrounding area is generally characterised by a mixture of double and single storey dwellings. The adjoining properties immediately to the west and north of the site are all single storey dwellings constructed in brick.

 

Examples of medium density development in the general area include 22 Tonelli Crescent, 29 Tonelli Crescent, and 15 Mockridge Drive.

The subject site is located in proximity to the following sites, services and infrastructure:

·    Findon Primary School (60m south)

·    Findon Recreation Reserve (90m south-west)

·    St Francis of Assisi Primary School (800m east)

·    Stables Shopping Centre / Mill Park Basketball Stadium / Mill Park Cricket Club / Mill Park Secondary College / Peter Hopper Lake – (900m east) 

·    Mill Park Leisure Centre (900m north-west)

restrictions and easements

The site is legally described as Lot 484 on Plan of Subdivision 146838P. There are no encumbrances on title that preclude Council from making a decision.

 

A 2.0m wide easement traverses the front (east) boundary of the property. This easement contains Yarra Valley Water sewerage pipes.

Proposal

It is proposed to construct a new single storey dwelling to the rear of the existing dwelling and a double carport for the existing dwelling (see Attachment 2).

 

The existing dwelling (Dwelling No. 1) will contain a kitchen, a family room, a living room, a study, three bedrooms, amenities and a single carport.

 

The proposed dwelling (Dwelling No. 2) is of a reverse living design. It will contain an open plan kitchen/living/meals area, amenities, and balcony on the first floor, and two bedrooms, and amenities on the ground floor, and an attached single garage.

 

Dwelling 1 is proposed to be accessed via a proposed crossover on Tonelli Crescent. Dwelling 2 is proposed to be accessed via a reinstated crossover on Ford Court.

 

Details of the proposed development are outlined in the following table:

 

 

Height/Scale

Number of Bedrooms

Setbacks

Private Open Space

Car Parking

Maximum Height

Dwelling No. 1

Single Storey

3

3.0m (average) front (east), 6.4m side (south), 4.5m rear (west)

181m2

 

(including 67m2 of secluded private open space)

2

5.5m

Dwelling No. 2

Double Storey

2

3.0m front (east), 1.0m rear (west)

52m2

 

(including 38m2 of secluded private open space)

2

7.4m

Public Notification

Advertising of the application has resulted in one objection being received.  The grounds of objection can be summarised as follows:

1.       Plan inaccuracies

2.       Car parking issues

3.       Loss of privacy

4.       Loss of sunlight

5.       Safety concerns

HOUSING DIVERSITY STRATEGY

The Housing Diversity Strategy (HDS) was introduced into the Whittlesea Planning Scheme (WPS) via Planning Scheme Amendment C181, gazetted on 22 October 2015.  The Strategy provides a strategic framework for future residential development in the established areas of the municipality for the next 20 years. It aims to guide the future location and diversity of housing stock and identifies areas of housing growth and change, including areas where future housing growth will not be supported. In general, it aims to encourage higher residential densities and a diversity of housing types and sizes into areas within convenient walking distance to public transport and activity centres.

The HDS is now a reference document in the WPS and an assessment against it is provided under Standard B2 of the Clause 55 assessment.

ASSESSMENT AGAINST CLAUSE 55 OF THE WHITTLESEA PLANNING SCHEME

The following table provides details on whether the proposal complies with the requirements of Clause 55 of the Whittlesea Planning Scheme.  Under these provisions a development:

·    Must meet all of the objectives

·    Should meet all of the standards

If Council is satisfied that an application for an alternative design solution meets the objective, the alternative design solution may be considered.


 

 

 

ü - Compliance
× -  Non compliance

Objectives

Standards

Comments

B1

Neighbourhood Character

ü

ü

 

B2

Residential Policy

ü

ü

The proposed development is consistent with the preferred density and key design principles outlined in the HDS.

B3

Dwelling Diversity

N/A

N/A

Only applicable to developments of ten (10) or more dwellings

B4

Infrastructure

ü

ü

 

B5

Integration with the street

ü

ü

 

B6

Street setback

ü

ü

 

B7

Building height

ü

ü

 

B8

Site coverage

ü

ü

 

B9

Permeability

ü

ü

 

B10

Energy efficiency

ü

ü

 

B11

Open space

N/A

N/A

Only applicable if public or communal open space is to be provided on site or adjacent to the development

B12

Safety

ü

ü

 

B13

Landscaping

ü

ü

 

B14

Access

ü

ü

 

B15

Parking location

ü

ü

 

B17

Side and rear setbacks

X

X

The side setback (north) of the first floor does not meet the required setback of 1.63m.

The applicant has submitted concept plans (dated 26 October 2015) providing a 1.63m setback to the first floor.  A condition requiring a revision of plans to be in accordance with this concept plan will be placed on any permit issued.

B18

Walls on boundaries

ü

ü

 

B19

Daylight to existing windows

X

X

This standard requires that buildings opposite an existing habitable room window should provide for a light court to the existing window that has a minimum area of 3m2 and minimum dimension of 1m clear to the sky.  The advertised proposal did not comply with this requirement.  However, the applicant has submitted concept plans demonstrating that the garage can be setback from the boundary 250mm in order to achieve this requirement.  A condition requiring a revision of plans to be in accordance with this concept plan will be placed on any permit issued.

B20

North-facing windows

ü

ü

 

B21

Overshadowing open space

ü

ü

 

B22

Overlooking

ü

ü

 

B23

Internal views

ü

ü

 

B24

Noise impacts

ü

ü

 

B25

Accessibility

ü

ü

 

B26

Dwelling entry

ü

ü

 

B27

Daylight to new windows

ü

ü

 

B28

Private open space

ü

ü

 

B29

Solar access to open space

ü

ü

 

B30

Storage

X

X

A storage area of 6m3 is to be provided within the secluded private open space area of the existing dwelling.  This can be provided by the inclusion of a condition on any permit that is issued.

B31

Design detail

ü

ü

 

B32

Front fences

ü

ü

 

B33

Common property

ü

ü

 

B34

Site services

ü

ü

 

CAR PARKING 

Clause 52.06 of the Whittlesea Planning Scheme prescribes the rate and design standards for car parking spaces required on site.  Pursuant to this clause the following car spaces are required:

Dwelling No.

No. of bedrooms

Car spaces required

Car spaces provided

Complies

1

3

2

2

Y

2

2

1

2

Y

 

Garages should be at least 6.0m long and 3.5m wide for a single space and 5.5m wide for a double space (measured inside the garage or carport).  An open car space should be at least 4.9m long and 2.6m wide.  The proposal complies with these requirements.

REFERRAL

Pursuant to Clause 66.02-4 of the Whittlesea Planning Scheme, an application to construct a building or construct or carry out works on land within 60 metres of a major electricity transmission line (220 kilovolts or more), or an electricity transmission easement, must be referred to the relevant electricity transmission authority, a Determining Referral Authority.  The subject land is located within this area. 

The applicant first applied for the same proposal (double storey dwelling behind the existing dwelling) on 27 October 2014. Application 715038 lapsed as the applicant failed to submit the required information in time. Nevertheless, the application was referred to AusNet services pursuant to Clause 66.02-4. There were no objections raised in relation to the proposal, nor were there any conditions required to be placed on any permits issued.

DEVELOPMENT CONTRIBUTIONS PLAN OVERLAY (SCHEDULE 3)

The site is affected by the Development Contributions Plan Overlay. Pursuant to Clause 45.06 of the Whittlesea Planning Scheme, the Development Contributions Plan Overlay enables the levying of contributions for the provision of works, services and facilities prior to development commencing. Schedule 3 to the overlay requires contributions for drainage infrastructure for medium density residential development at a current rate of $2.19 per square metre of the total site area. This requirement must be included as a condition on any planning permit that is issued.

Comments on Grounds of Objection

1.       Plan inaccuracies

The objector highlighted that there were inaccuracies on the development plans, particularly in relation to a setback distance and window location. The applicant has corrected the plans and has resubmitted plans that are in accordance with a survey plan carried out by Geof Hosie Surveys.  While these plans address the inaccuracies raised by the objector, they do not adequately depict the difference in levels between the subject site and the adjoining property to the north.  A condition requiring the revised plans to address the site levels and provide details of any retaining walls that may be required will need to be included on any permit issued.  Accordingly, this ground of objection cannot be substantiated.

2.       Car Parking Issues

The proposal has one car space in excess of what is required under Clause 52.06 (Car Parking) of the Whittlesea Planning Scheme and no additional crossovers are proposed in Ford Court.

The objector also raised concern regarding the safety of pedestrians walking along Ford Court. Visibility Splays that are in accordance with Clause 52.06 of the Whittlesea Planning Scheme will be required on plans and enforced via a condition on any permit issued.  Accordingly, this ground of objection cannot be substantiated.

3.       Loss of privacy

The development as proposed complies with Standard B22 of the Whittlesea Planning Scheme which seeks to minimise and negate any potential of overlooking into the secluded private open space areas and habitable room windows of existing dwellings. All windows on the second storey of the proposed dwelling that have any potential for overlooking into secluded private open space areas or habitable room windows are obscured up to 1.7m from the finished floor level, satisfying the requirements of this standard.  Accordingly, this ground of objection cannot be substantiated.

4.       Loss of sunlight

The development as proposed by the concept plan submitted complies with Standard B19 of the Whittlesea Planning Scheme, which allows for adequate daylight into existing habitable room windows. While the initial application did not comply with this Standard, the revised concept demonstrates that the dwelling is setback an appropriate amount to allow for a light court to existing windows that has a minimum area of 3m2 and minimum dimension of 1 metre clear to the sky.  Accordingly, this ground of objection can be addressed via a condition on any permit issued.

5.       Safety concerns

The objector has raised concern in relation to the polystyrene wall cladding and that it is a fire hazard as it is not more than 3 metres away from their property. This is not a planning matter. However, Council’s Building Department officers have advised that the fire rating for the external cladding of a dwelling is only required if the proposed wall is within 900mm of a title boundary.  Accordingly, this ground of objection cannot be substantiated.

Declarations of Conflicts of Interest

Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest.

The Responsible Officer reviewing this report, having made enquiries with the relevant members of staff, reports that no disclosable interests have been raised in relation to this report.

Conclusion

The application has been assessed against the Whittlesea Planning Scheme and in particular the objectives and standards of Clause 55. The proposal demonstrates a satisfactory level of compliance subject to minor modifications as outlined. It is considered that the proposal will not have a detrimental impact on the character of the neighbourhood nor on existing surrounding residential properties and accordingly approval of the application is recommended.

 

Recommendation

THAT Council resolve to approve Planning Application No. 715451 and issue a Notice of Decision to Grant a Permit for the construction of a dwelling to the rear of an existing dwelling in accordance with the endorsed plans and subject to the following conditions:

1.   Prior to the endorsement of the plans required under Condition No. 2 of this permit, the permit holder must pay to Council a contribution for drainage pursuant to Clause 45.06 (Schedule 3) of the Whittlesea Planning Scheme. The drainage contribution will be subject to the Consumer Price Index (CPI) applicable at the time of payment.

2.   Before the development starts, three copies of revised plans, generally in accordance with the concept plan submitted to Council on 26 October 2015, including site levels and details of any retaining wall along the northern site boundary must be submitted to and approved by the Responsible Authority.

3.   Dwelling No. 1 is to be provided with an externally accessible secure storage area of at least 6m3 to the satisfaction of the Responsible Authority.

4.   A detailed landscape plan prepared by a person suitably qualified or experienced in landscape design must be submitted to and approved by the Responsible Authority. The plans must be drawn to scale with dimensions and show all proposed landscaping, including a canopy tree within the front and rear setback, details of any vegetation to be retained, the location of all new planting, a schedule of plant species and height at maturity, and a maintenance schedule. Species selection is to be to the satisfaction of the Responsible Authority. Any proposed trees must be at an advanced stage of growth when planted.

5.   The development allowed by this permit and shown on the plans and/or schedules endorsed to accompany this permit shall not be amended for any reason without the consent of the Responsible Authority.

6.   Once the development has started it must be continued and completed to the satisfaction of the Responsible Authority.

7.   Before the use of the development allowed by this permit starts, landscaping works shown on the endorsed plan must be completed and then maintained to the satisfaction of the Responsible Authority.

8.   Before the use of the development starts, the car parking areas and access ways must be drained, and fully sealed and constructed with asphalt, interlocking paving bricks, coloured concrete or other similar materials to the satisfaction of the Responsible Authority.

 

9.   In areas set aside for car parking, measures must be taken to the satisfaction of the Responsible Authority to prevent damage to fences or landscaped areas.

 

10. Discharge of stormwater from the land will be required by means of an underground pipe drainage system designed to the satisfaction of the Responsible Authority and discharging into an approved outlet in a street or an underground pipe drain to the requirements of the Responsible Authority. In this regard no water shall be discharged from any pipe or paved area onto the surface of any adjacent land.

 

11. Before starting any buildings or works, engineering plans showing a properly prepared design (with computations) for the internal drainage and method of disposal of stormwater from all roofed and sealed areas, including the use of an on-site detention system (if required), must be submitted to Council for approval. These internal drainage works must be completed to Council’s satisfaction prior to using or occupying any building on the site.

 

12. Before the use of the development commences, reticulated (water, sewerage, gas and electricity) services must be constructed and available to the satisfaction of the Responsible Authority.

 

13. The permit holder shall be responsible to meet all costs associated with reinstatement and/or alterations to Council or other Public Authority assets deemed necessary by such Authorities as a result of the development. The permit holder shall be responsible for obtaining prior specific written approval for any works involving the alteration of Council or other Public Authority assets.

 

14. Prior to occupation of any dwelling on the subject site, a letter box and house number to the satisfaction of the Responsible Authority shall be provided for each dwelling.

 

15. At all times during the construction phase of the development, the permit holder shall take measures to ensure that pedestrians are able to use with safety any footpath along the boundaries of the site.

 

16. Upon completion of all buildings and works authorised by this permit the permit holder must notify the Responsible Authority of the satisfactory completion of the development and compliance with all relevant conditions.

 

17. Any litter generated by building activities on the site shall be collected and stored in an appropriate enclosure which complies with Council’s Code of Practice for building/development sites. The enclosures shall be regularly emptied and maintained such that no litter overspills onto adjoining land. Prior to occupation and/or use of the building, all litter shall be completely removed from the site.

 

18. Any mud or other materials deposited on roadways as a result of construction works on the site must be cleaned to the satisfaction of the Responsible Authority within two hours of it being deposited.

 

19. This permit will expire if:

 

(a) the approved development does not start within two years of the date of

this permit; or

 

(b) the approved development is not completed within four years of the date of this permit.

 

The responsible authority may extend the periods referred to above if a request is made in writing. This request must be made before or within 6 months after the permit expiry date where the development has not yet started and within 12 months after the permit expiry date where the development allowed by the permit has lawfully started before the permit expires.

 

Notes:

 

Advanced Trees

 

An advanced tree under this permit shall generally constitute the following:

 

Evergreen – minimum container size 45 litre spring ring, calliper at ground level

50mm.

 

Deciduous – minimum calliper at ground level 65mm, minimum height 2 metres.

 

Building Over Easements

 

Any building or works to occur within an easement must be carried out to the satisfaction of the Responsible Authority. In addition, the following will apply:

 

(a)  Access to any drainage pit in the easement is to be maintained.

 

(b) Council reserves the right to excavate, lay, repair or replace pipes within the easement.

 

(c)  Council is not liable for any damage from such works and that reinstatement shall be the owner's responsibility and at the owner's expense.

 

(d)  Prior to a building approval being issued, any drain(s) existing in the easement are required to be shown on the plans, with a detailed sketch indicating any pier and beam footings required to span these public assets.

 

(e)   Building approval must be obtained prior to the commencement of the works.

 

Street Numbering Note

 

Property Numbers will be allocated by the City of Whittlesea in accordance with Council’s Street Numbering Policy. Please do not give potential buyers any interim numbering as this often leads to confusion and problems once the correct number is issued. Please check with Council’s Subdivision Department or GIS Department to verify all street numberings before commencement of any advertising for sale or lease.

Council Resolution

Moved:                       Cr Lalios

Seconded:               Cr Alessi

THAT Council resolve to refuse Planning Application 715451 for the construction of a dwelling to the rear of an existing dwelling at 20 Tonelli Crescent, Mill Park on the following grounds:

1.    The proposed development does not satisfactorily respond to its context and surrounding development and does not achieve compliance with Clause 55.02-1 (Neighbourhood Character).

2.    The proposed development does not achieve compliance with the following Clauses of the Whittlesea Planning Scheme:

a)                    Clause 55.04-1 (Side and Rear Setbacks).

b)          Clause 55.04-3 (Daylight to existing windows objective)

c)                    Clause 55.04-6 (Overlooking objective)

d)          Clause 55.05-6 (Storage objective)

3.    The proposed development does not achieve compliance with Clause 52.06 (car parking) of the Whittlesea Planning Scheme as follows:

a)                    the proposal does not provide for corner splays clear of visual obstructions               from the accessway of the proposed dwelling.

b)          the proposal does not provide a safe environment for drivers or                                pedestrians as there are ‘blind spots’ within the Court.

4.       The plans submitted are inaccurate, incorrectly dimensioned and lack sufficient    information.

Carried

 


6.1.9    Planning Scheme Amendment C56 - Heritage Conservation local planning policy

File No:                                  194194

Attachments:                        1        Clause 22.16  Heritage Conservation local planning policy  

2        Clause 21.08-3  Built Environment and Heritage    

Responsible Officer:           Director Planning & Major Projects

Author:                                  Strategic Planner   

 

Report

EXECUTIVE Summary

The purpose of this report is to consider proposed Amendment C56 to the Whittlesea Planning Scheme and seek Council’s approval to request that the Minister for Planning authorise Council to prepare and exhibit the amendment.

 

Proposed Amendment C56 seeks to make the following changes to the Whittlesea Planning Scheme:

·    Introduce a new heritage conservation local planning policy at Clause 22.16

·    Update the Municipal Strategic Statement at Clause 21.08-3 (Built Environment and Heritage).

·    Make a minor procedural update to the Schedule of the Heritage Overlay (Clause 43.01).

 

The content of the local planning policy provides guidance on how planning decisions will be made in relation to heritage matters, and sets out Council’s expectation and objectives for the protection, maintenance and use of heritage places. The local planning policy will ensure greater consistency in Council’s consideration of heritage matters in the planning and development context, where a heritage place is the subject of a planning permit application.

 

Updates to the Municipal Strategic Statement are also proposed that complement the new local policy in an overarching sense. These updates provide the context and broad strategies for heritage protection while the local planning policy provides more specific guidance on application requirements and matters to be assessed.

 

These proposed updates complete two actions in the Cultural Heritage Strategy (2015-2018) which was recently approved by Council on 6 October, 2015. The Cultural Heritage Strategy sets out the overarching framework and a set of associated action plans to guide Council’s approach to heritage. The amendment also seeks to correct a minor administrative error which occurred as part of Amendment C153 (Gazetted 14 May, 2015).

 

It is recommended that Council resolve to seek authorisation from the Minister for Planning to prepare and exhibit an amendment to the Whittlesea Planning Scheme.

 

INTRODUCTION

Council officers have developed a new heritage conservation local planning policy that is proposed to be introduced into Clause 22.16 of the Whittlesea Planning Scheme. Clause 22 of the Planning Scheme contains the City of Whittlesea’s local planning policies, and together with Clause 21 comprising the Municipal Strategic Statement (MSS), makes up the Local Planning Policy Framework (LPPF) of the Scheme.

 

This report provides the background to the development of the policy and seeks approval to request that the Minister for Planning authorise Council to prepare and exhibit Amendment C56, which seeks to introduce the policy into the Scheme including resultant changes to the MSS. The Amendment also deals with some minor technical corrections to the Heritage Overlay Schedule affecting two heritage places.

 

BACKGROUND

The new heritage local planning policy has been developed as part of the ongoing implementation of the Whittlesea Heritage Study (Context Pty, 2009). The implementation has involved a Planning Scheme Amendment (C153) which added 88 places of local significance to the Heritage Overlay Schedule (Clause 43.01), in addition to making minor updates to mapping and descriptions for several places already protected in the Scheme.

 

An independent Planning Panel held in July 2014, considered and ultimately supported Amendment C153 subject to some modifications. In its report, the Panel commented on the lack of specific heritage guidance in the Whittlesea Planning Scheme, and as a consequence recommended that:

 

Council prepare guidelines for assessment of permit applications subject to the HO in the form of either a Local Planning Policy or an Incorporated Plan, to be introduced by way of a future amendment.

 

Council formally adopted Amendment C153 on 18 November, 2014, and resolved to adopt the above recommendation of the Panel in addition to others. Amendment C153 was subsequently Gazetted and came into effect on 14 May, 2015.

 

A local planning policy introduced to Clause 22 of the Planning Scheme is considered the most appropriate mechanism to address the varied land use and development contexts in the City of Whittlesea that comprise rural, growth, and established areas.

 

A local planning policy provides guidance on how planning decisions will be made in relation to heritage matters, and sets out Council’s expectation and objectives for the protection, maintenance and use of heritage places. The local planning policy will ensure greater consistency in Council’s consideration of heritage matters when a planning permit is triggered by a Heritage Overlay.

 

The Heritage Overlay is an important tool that local governments can use to ensure statutory heritage protection. However, the Overlay does not provide any information on Council’s heritage objectives, outline how discretion will be exercised in decision-making, or identify planning application requirements. A local planning policy sets out these important provisions and provides both Council and the broader community with a clear set of requirements that will be applied to heritage matters in the planning process.

 

With the proposed inclusion of the new policy, it is also necessary to make resultant updates to Council’s MSS (Clause 21) to reflect the local planning policy. These updates provide high-level direction and outline overarching heritage objectives and strategies that support more detailed local policy content.

 

The local policy and MSS updates complete two actions in the Cultural Heritage Strategy (2015-2018), which was adopted by Council on 6 October, 2015. The Cultural Heritage Strategy sets out the overarching framework and a set of associated action plans to guide Council’s approach to heritage. The relevant actions are contained within Action Plan 2 which seeks to “identify, protect and manage our cultural heritage places and assets”:

 

·    Action 2.1.2 – “Develop a heritage Local Policy in the Planning Scheme and create guidelines and appropriate permit conditions”

·    Action 2.1.7 – “Develop a heritage statement for inclusion in the Municipal Strategic Statement”

 

The amendment also contributes to action 2.1.8 outlined below, as the policy will further clarify expectations and objectives around heritage in the development process:

 

·    Action 2.1.8 – “Introduce best practice procedures early in the planning and development process to achieve positive heritage outcomes with the development sector. Promote the success of Council’s proactive approach in the sector”.

 

DISCUSSION OF AMENDMENT ELEMENTS

Amendment C56 proposes to:

 

·    Introduce a new heritage conservation local planning policy at Clause 22.16;

·    Update Clause 21.08-3 (Built Environment and Heritage) in the MSS; and

·    Make minor procedural changes to the Heritage Overlay Schedule (Clause 43.01)

 

Each of the amendment elements are discussed in more detail below.

 

Local Planning Policy

The heritage local conservation planning policy (Attachment 1) has been developed by Council officers in association with heritage consultant Ray Tonkin (former Executive Director of Heritage Victoria). Specific policy statements are outlined across thirteen subject matters, including: conservation, alterations and additions, subdivision, demolition, and dry stone walls.

 

The policy responds to the following key challenges:

·    The City’s growth area context and the need for subdivision, use and development applications to appropriately address and integrate heritage places;

·    The requirement for appropriate security and stabilisation measures for heritage places at the outset of the development process;

·    The requirement for better design outcomes for heritage places that ensures integration with adjoining land uses and the heritage place’s ongoing maintenance, use and occupation;

·    The need for stronger guidelines and application requirements for dry stone walls to ensure their protection, reconstruction, and meaningful integration within various urban development contexts; and

·    The need for clear application requirements that outline what documentation is to be provided by applicants in instances when heritage matters must be considered alongside other development and planning matters in an application process.

 

Municipal Strategic Statement Updates

The updates to the MSS at Clause 21.08-3 (Built Environment and Heritage) are provided in Attachment 2. The MSS updates provide the context and broad strategies for heritage protection, and support the local planning policy which provides more specific guidance on heritage matters. Together with the new local planning policy, the MSS updates will ensure a consistent approach to heritage matters throughout the LPPF.

 

The new strategies proposed to be introduced into the MSS are:

·    Strategy 1.2 - Identify, assess and document additional places of natural and cultural heritage significance as a basis for their inclusion in the Planning Scheme.

·    Strategy 1.3 - Require that new development situated adjacent to or nearby a heritage place does not adversely compromise, overwhelm or detract from the overall significance and character of the heritage place.

·    Strategy 1.4 - Support a holistic view of heritage that includes historical, social and physical values.

The following documents have also been added as policy guidelines in Clause 21.08-3:

·   The Whittlesea Heritage Study, Volumes 1-3 (Context, 2011);

·   The Whittlesea Heritage Study (Gould, 1991); and

·   The City of Whittlesea Heritage Conservation Local Planning Policy (Clause 22.16)

 

Procedural Changes to the Heritage Overlay schedule

The amendment also proposes a minor procedural update to the Heritage Overlay Schedule which affects the following properties:

·    HO107 – 135 Gingles Road, Humevale

·    HO111 – 210 Humevale Road, Humevale

The two properties were originally approved to be included in the Schedule to the Heritage Overlay through Amendment C153. The properties received no resident objections during the amendment exhibition phase undertaken between 17 October and 13 December, 2013. Due to an administrative error these places were not added as line items within the Schedule at the time of Gazettal, although they had been approved by Council.

 

It is proposed to rectify this administrative error by including these places in the C56 Amendment process. If exhibition of Amendment C56 proceeds, the relevant property owners will be directly notified.

 

CONSULTATION

Key relevant internal departments were consulted during the drafting of this policy. The Department of Environment, Land, Water and Planning (DELWP) was also consulted during the drafting of the policy.

 

NOTIFICATION

If authorisation is granted, the standard statutory process for giving notice will apply. In the event that Ministerial authorisation is granted for exhibition to commence in December, it is proposed that the exhibition period be extended to approximately eight weeks over December 2015 to early February 2016 to allow for extra time over the holiday period. 

 

The owners of the following two properties that are subject to the Heritage Overlay schedule will be notified directly:

·    135 Gingles Road, Humevale (HO107)

·    210 Humevale Road, Humevale (HO111)

It is proposed that local heritage groups such as the Whittlesea Historical Society and Friends of Westgarthtown also be notified of the amendment.

 

CRITICAL DATES

If Authorisation from the Minister for Planning is granted, it is likely that the amendment will be exhibited from 2 December, 2015, to 2 February, 2016, for a period of over eight weeks.

 

Officers will report to Council on the results of the exhibition process, and if no submissions are received a recommendation will be made to Council to approve the Amendment. If submissions are received and remain unresolved, then Council officers will request that a Planning Panel Hearing be established.

 

Policy strategy and legislation

Relating to State legislation, strategies or policies:

 

·    Under the Victoria Planning Provisions, Clause 15.03-1 (Heritage conservation) sets out the State Planning Policy that must be applied through all local Planning Schemes. This compels Local Governments to “encourage appropriate development that respects places with identified heritage values and creates a worthy legacy for future generations”, “ensure an appropriate setting and context for heritage buildings”, and “support the adaptive reuse of heritage buildings whose use has become redundant”.

·    Under the Planning and Environment Act 1987, the City of Whittlesea, as Planning Authority, must give effect to the objectives of planning in Victoria, including: “to conserve and enhance those buildings, areas or other places which are of…historical or otherwise special cultural value” (section 4(b)).

·    Planning Practice Note 8: Writing a Local Planning Policy outlines best practice and guidance regarding the role of local planning policy in Planning Schemes, the need for a local planning policy, and how local policy should be written.

 

Relating to local planning provisions and adopted strategies, plans and policies:

 

·    Clause 21.08-3 (Heritage conservation) of the Whittlesea Planning Scheme recognises the need to document the significance of heritage places and outlines that “measures continue to be put in place to ensure they are retained and incorporated within the development process”.

Recognise and incorporate heritage significance as an integral component of all planning processes.

·    The City of Whittlesea Cultural Heritage Strategy (2015-2018) outlines specific actions relating to the development of local policy to support heritage conservation including: Action 2.1.2 – “Develop a heritage Local Policy in the Planning Scheme and create guidelines and appropriate permit conditions”; Action 2.1.7 – “Develop a heritage statement for inclusion in the Municipal Strategic Statement”; and “Action 2.1.8 – “Introduce best practice procedures early in the planning and development process to achieve positive heritage outcomes with the development sector”.

·    The City of Whittlesea Heritage Study Volumes 1-3 (2009, Context) outlines the thematic environmental history for the City and identifies places of local heritage significance that meet the threshold for protection under the Heritage Overlay. The Study is included as a reference document in the proposed policy.

·    The City of Whittlesea Green Wedge Management Plan (GWMP) contains an objective to “preserve and enhance the cultural heritage of the Whittlesea Green Wedge for current and future generations” (GWMP action area: people).

 

Links to the CoUNCIL Plan

FUTURE DIRECTION          Places and spaces to connect people

Theme                                   Planning our space

Strategic Objective              Our urban design helps build connection to place and the community

 

The proposal assists in achieving the future direction “Places and spaces to connect people” in the Community Plan. Built heritage is a valuable asset that serves as a reminder of the City of Whittlesea’s history and shared identity.

 

Declarations of Conflicts of Interest

Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest.

The Responsible Officer reviewing this report, having made enquiries with the relevant members of staff, reports that no disclosable interests have been raised in relation to this report.

 

Conclusion

The proposed Planning Scheme Amendment C56 supports Council’s statutory obligation and recognised commitment to protecting its local heritage. The need for this amendment arises from a recommendation of the Amendment C153 Planning Panel that Council should “provide specific local policy guidance to assist Council and residents in the assessment of applications for planning permits on heritage sites”. Additionally, the new local policy fulfils actions set out in Council’s Cultural Heritage Strategy (2015-2018).

 

Proposed Amendment C56 seeks to:

·    Introduce a new heritage conservation local planning policy at Clause 22.16

·    Update the Municipal Strategic Statement (MSS) at Clause 21.08-3 (Built Environment and Heritage)

·    Make a minor procedural update to the Schedule of the Heritage Overlay (Clause 43.01)

 

A total of 163 places are protected within a Heritage Overlay in the City of Whittlesea on rural farm properties, new subdivisions, and in established residential communities. A heritage conservation local planning policy will clearly set out Council’s objectives and expectations for these heritage places and others that are yet to be protected. The updates to the MSS will provide high-level guidance and ensure that a consistent approach to heritage is reflected throughout the Planning Scheme.

 

The proposed procedural change to the Heritage Overlay essentially involves a “fix-up” to the Schedule through the introduction of two places incorrectly omitted from the Schedule following the Gazettal of Amendment C153. The omission occurred due to an administrative error, and the two places were previously approved by Council for inclusion and received no objections during the exhibition process.

 

The introduction of a new heritage local planning policy will provide well-defined guidelines around the protection, preservation and integration of heritage places to ensure they remain enduring assets for future generations.

 

It is recommended that Council resolve to seek authorisation from the Minister for Planning to prepare and exhibit an amendment to the Whittlesea Planning Scheme

 

 

RECOMMENDATION

THAT Council resolve to:

1.       Obtain authorisation from the Minister for Planning to prepare and exhibit Amendment C56 to the Whittlesea Planning Scheme.

2.       Prepare and exhibit a Planning Scheme Amendment if Authorisation is provided by the Minister for Planning.

3.       Advise landowners of 135 Gingles Road, Humevale (HO107), and 210 Humevale Road, Humevale (HO111) of the procedural changes being made to the Heritage Overlay schedule in relation to their properties.

 

Council Resolution

Moved:                       Cr Stow

Seconded:               Cr Lalios

 

THAT Council resolve to adopt the Recommendation.

Carried

 


6.1.10  2015/16 First Quarter New Works Program Report

File No:                                  192600

Attachments:                        1        Financial Summary  

2        Project Progress Report  

3        Project Status Photos    

Responsible Officer:           Director Planning & Major Projects

Author:                                  Team Leader Business Support   

 

 Report

EXECUTIVE Summary

To inform Council of the financial performance of the New Works Program at the end of the first quarter of the 2015/16 financial year and to keep Council updated on the status of the New Works Program.

The value of work completed at the end of the first quarter is $5,958,658 compared to the budget of $9,323,299 with contracts and purchase orders committing another $9,698,621 (see Attachment 1) as at 30 September 2015.  The underspend is due to external and other factors that have delayed projects such as the investment of more time in pre-planning for the Civic Centre Sustainable Climate Control project, the need to defer the commencement of the Animal Welfare project and latent conditions in current projects.

The first quarter was a transition period in which projects are finalised from the previous financial year and new projects commenced for design and construction in the 2015/16 financial year.  Some significant milestones were achieved during the first quarter:

·    Completion of the Waterview (Woodland Waters) Community Recreation Reserve Pavilion and Multi-purpose Courts;

·    Completion of the Sporting Pavilion at Laurimar Town Park; and

·    Completion of the Church Street Shopping Strip Redevelopment.

Other major projects are all maintaining progress with the following projects making significant progress during the first quarter and progressing into the second quarter of 2015/16.  These include:

·    Champions Parade Family and Community Centre in Epping North;

·    Upgrade of the Lalor Recreation Reserve Tennis Facilities;

·    Signalisation and construction of the intersection at Bridge Inn and Bassetts Road Mernda; and

·    Meadowglen Athletics Stadium additional toilet facility.

Significant projects scheduled for construction in the second quarter of 2015/16 include:

·    The Redevelopment of the Barry Road CAC;

·    Construction of the Permanent Car Park at Laurimar Town Park; and

·    The New Animal Welfare Precinct.

For a detailed progress report on significant projects refer to Attachment 2.  Photos on the progress of some significant projects can be found in Attachment 3.

Background

Council adopted the 2015/16 New Works Program budget on 23 June 2015 with the total budget of $51.7 million including $11.5 million carry forward.

Consultation

External stakeholder consultation and engagement is undertaken in relation to individual projects and programs.  This occurs throughout the financial year.

Financial Implications

The 2015/16 budget includes $51,694,907 for the New Works Program (including carry forward funding).  The value of work completed for the year-to-date is $5,958,658 compared to the year-to-date plan of $9,323,299.  Further commitments (contracts and purchase orders) to the value of $9,698,621 have been generated.  A summary of progress on the Program performance by Group can be found below whilst a description on key projects has been included in Attachment 2.

Financial details for contracts within each project are provided through tender and contract closure reports to Council.

Financial Status of the New Works Program by Group:

 

Group

YTD Actuals’

YTD Budgets

YTD Variance

Commitments

Annual Budget

Buildings

2,685,806

4,003,048

1,317,242

4,779,110

25,382,636

The Buildings category is currently showing a favourable variance to the YTD budget of $1,317,242 with commitments greater than the variance.

The key projects contributing to the variance are:

·    Champions Parade Children and Family Centre - $588,282 behind the planned budget due to significant rock being encountered in excavation which has delayed construction.  Completion is due in December 2015;

·    Woodland Waters Recreation Reserve Pavilion - $259,636 behind the planned budget due to finalisation of occupancy issues;

·    Animal Welfare Facility - $140,000 behind the planned budget due to Council direction to pursue partnership agreement with Moreland and Darebin councils for the regional option.  Award of contract is planned for presentation to Council meeting in December 2015; and

·    Civic Centre Sustainable Climate Control - $430,862 behind the planned budget due to the additional pre-planning work undertaken between Councillors and Officers that has been required for the project.

 

Group

YTD Actuals’

YTD Budgets

YTD Variance

Commitments

Annual Budget

Drains

8,500

12,500

4,000

35,548

246,512

Feasibility & Planning

25,549

35,000

9,451

85,781

125,000

 

Drains – Not a significant variance. 

Feasibility and Planning – Not a significant variance. 

 

Group

YTD Actuals’

YTD Budgets

YTD Variance

Commitments

Annual Budget

Open Space

225,722

454,223

228,501

219,613

6,338,778

 

The Open Space category is currently showing a favourable variance to the YTD budget of $228,501.

The key project contributing to the variance is:

·    General Landscape Improvements $138,151 – The landscape improvements at neighbourhood parks is slightly behind the planned budget which is simply a timing issue.

 

Group

YTD Actuals’

YTD Budgets

YTD Variance

Commitments

Annual Budget

Plant & Equipment

377,633

459,225

81,592

377,522

2,978,647

Transport

44,061

256,590

212,529

253,640

1,568,923

 

The Plant and Equipment category is currently showing a favourable variance to the YTD budget of $81,592.  Timing issue only and not a significant variance.

The Transport category is currently showing a favourable variance to the YTD budget of $212,529.

The key project contributing to the variance is:

·    Pedestrian Signals – A number of pedestrian signals are due for completion and activation in the second quarter which is behind the planned budget.  Awaiting approval from VicRoads before commissioning signals.  Timing issue only.

 

Group

YTD Actuals’

YTD Budgets

YTD Variance

Commitments

Annual Budget

Roads & Paths

2,591,387

4,102,713

1,511,327

3,947,407

15,054,411

 

The Roads and Paths category is currently showing a favourable variance to the YTD budget of $1,511,327 with commitments of $3.947,407 which far exceeds the budget variance.

The key project contributing to the variance was:

·    Signalisation and construction of intersection of Bridge Inn and Bassetts Road – Construction has been delayed due to the delays by utilities in relocating underground services.  Project completion due in October 2015.

Energy Efficient Lighting – Street Light Bulk Replacement Program

The streetlight bulk replacement program has now achieved its goal of replacing all of the 80W standard mercury vapour street lights across the municipality with energy-saving fluorescent and LED alternatives. Over 4,800 standard lights have been upgraded, saving Council approximately $320,000 in operating costs every year from this point onward.

In addition to the standard lights, 270 non-standard “Bourke Hill” style LED streetlights will be installed in November. This is affordable within the current budget thanks to lower procurement and installation costs than original estimates and fewer Standard lights available for upgrade than originally shown on Ausnet Services’ GIS mapping data.  Another 600 80W Bourke Hill lights will remain at the end of this work.

Council has received $973,554 in grant funding for this project to-date, however up to $1,298,073 is available. There is a unique opportunity to claim the remaining $324,519 by extending the current program to cover the remaining Bourke Hill Street Lights.

This extension will require an additional project spend of $285,972 above the current approved New Works budget, however it will also increase the ongoing savings from this project to $423,317 per annum. With the eligible grant funding, the additional investment will be paid back through savings within four years.

The remaining grant funding is only available if claimed this financial year, and works must be completed by February 2016 to meet the reporting deadlines.  The additional funds will be drawn from the Technology Infrastructure Fund.

It is recommended that $285,972 be drawn from the Technology Infrastructure Fund so that the net cost of this project can be increased to $890,958.  This will ensure the opportunity for the Grant is fully maximised with substantial future operational savings to Council.

Raised Road Pavements in Orchard Road Doreen

Further to the Council Report that was presented on 27 October 2015, it was resolved to install raised road pavements in Orchard Road, Doreen between Garden Road and Yan Yean Road to the value of $30,000 utilising savings identified within the 2015/16 New Works Program.   This will be reported in the second quarter New Works Report to Council.

Forecast

On 15 October 2015 the Minister for Local Government announced $6.071M from the Interface Growth Fund (IGF) toward five projects within the City of Whittlesea:

·    Barry Road Community Activity Centre Extension and Refurbishment ($2.600,000)

·    Epping Services Hub ($781,000)

·    Lalor Tennis Community Pavilion Upgrade ($1,250,000)

·    Mill Park Lakes Community Pavilion Expansion and Upgrade ($1,118,750)

·    Playground Improvement Program ($260,000)

McMillan Run Park, South Morang

Grevillia Park, Mill Park

The financial implications of this additional funding will be detailed in the 2016/17 New Works budget.

Progress of works in the second quarter will escalate as contracts are awarded and weather conditions improve for construction works in the lead-up to the industry shutdown and holiday period in January.

Policy strategy and legislation

The business case associated with individual projects identifies the respective policy to which they relate.

 

Links to the CoUNCIL Plan

FUTURE DIRECTION          Good Governance

Theme                                   Growth and change

Strategic Objective              Services and infrastructure keep pace with population growth

CONCLUSION

This Report provides a summary of the status of the 2015/16 New Works Program. The New Works Program is undertaking continual improvement to processes, systems and governance to be able to provide regular reports such as this on the status of the New Works Program.

The New Works Program is generally on-track to make significant improvement on the delivery of the Program compared to prior years. This recognises the fact that there are some multi-year projects in the Program that are funded across financial years and some projects that have encountered unexpected delays.  Overall the New Works Program is meeting the challenges of providing much needed infrastructure for a range of community services.

 

RECOMMENDATION

THAT Council resolve to;

1.   Note the report;

2.   Note the resolution of Council meeting on 27 October 2015 to fund $30,000 for the installation of raised road pavements on Orchard Road Doreen from savings identified within the 2015/16 New Works Program; and

3.   Approve the allocation of an additional $285,972 to the 2015/16 New Works Program for the Energy Efficient Lighting project from the Technology Infrastructure Fund.

 

Council Resolution

Moved:                       Cr Lalios

Seconded:               Cr Sinclair

 

THAT Council resolve to adopt the Recommendation.

Carried

 


6.1.11  460 Cooper Street, Epping - Use and development of a materials recycling centre, caretakers dwelling, reduction in the standard car parking requirement together with associated buildings and works

File No:                                  714470

Attachments:                        1        Locality Maps  

2        Development Plans    

Responsible Officer:           Director Planning & Major Projects

Author:                                  Principal Planner   

 

APPLICANT:                        Emptage Family Trust T/As SJE Consulting         

COUNCIL POLICY:              22.08     Material Recycling Centres Policy

ZONING:                               Special Use (Schedule 4)

          Urban Floodway

OVERLAY:                            Environmental Significance (Schedule 3)

Land Subject to Inundation

REFERRAL:                          Melbourne Water

Merri Creek Management Committee

VicRoads

Department of State Development, Business and Innovation

Environment Protection Authority

CFA

OBJECTIONS:                      Four

RECOMMENDATION:         That Council approve the application

Report

EXECUTIVE Summary

The applicant proposes to use and develop the site to provide for materials recycling, with extensive fill proposed on various parts of the site and the inclusion of a caretaker’s house central to the site, and retail sales area located toward the Cooper Street frontage.

Advertising of the proposal resulted in four objections being received.

The application was amended to vary the proposal to address some of the objector concerns and to address Melbourne Water concerns in particular relating to works within the channel of the Central Creek running roughly north-south through the subject land.  The application was re-advertised to objectors after the amendments to the application, with all four objections remaining.

The proposal demonstrates a satisfactory level of compliance with the relevant provisions of the Whittlesea Planning Scheme, subject to minor modifications (including the deletion of the caretaker’s house) and appropriate conditions.

On the basis of the proposal’s general compliance with the relevant provisions of the Whittlesea Planning Scheme, it is recommended that Council approve the application.

 

SITE AND SURROUNDING AREA

The site is located on the northern side of Cooper Street, about 550m west of the Hume Freeway (see Attachment 1).  It is a large and irregularly shaped parcel, with a frontage to Cooper Street of 170m and depth of 1137m, with a total site area of 55.9ha.

The site is irregularly shaped with two major portions, north and south parts connected by a narrower part of the site.  The current proposal relates entirely to the southern portion, with no works proposed in the northern part.

Due to the previous quarrying activity on the land and placement of fill, the site has been significantly disturbed over many years.  There is some remaining vegetation along the site boundaries and other stands of trees throughout the site.

The site also includes a central waterway (Central Creek), which runs in a north-south alignment.

There is a gravel road from the entry to the site at Cooper Street at a signalised intersection which provides access into the subject site, as well as being a shared access to the adjoining property at 480 Cooper Street (SITA property).  The access road continues north along the western boundary of the site.

A former quarry pit is located in the southern section of the land, about 280m from the frontage.  It is bounded by an existing bund wall on the south side and eastern side (creek side), as well as being fenced.

restrictions and easements

The subject site is legally described as Lot 2 on Plan of Subdivision 504515.

There are no covenants or restrictions on title that preclude Council from determining the application.

Proposal

The proposal is to develop and use the land for the following purposes (see Attachment 2):

·    Materials recycling and sales (building materials and mushroom composting) together with associated sales office and amenities block.

·    Roof, brick and concrete crushing plant in the former quarry pit.

·    Placement of fill and drainage works in surrounding nominated areas.

·    Caretaker’s House and associated outbuilding.

Associated works include construction of internal road, car parking area and driveway, earthworks and placement of fill, and landscaping.  It is stated that there is no vegetation removal proposed.

The first stage involves the construction of the caretaker’s house, materials recycling and composting, earthworks and placement of fill.

The second stage is the rock, brick and concrete crushing; relocation of mushroom and soil composting.

The caretaker’s house is proposed in a location north of the former quarry pit, approximately 800m north of Cooper Street and close to the western boundary of the site.  It has a floor area of 280m2, containing two bedrooms, study, living areas, garage and carport.  It is stated that the caretaker’s house is required to provide on-site supervision and security to the activities and buildings proposed.

The associated outbuilding measures 15m by 30m (450m2) and is to be situated to the south side of the caretaker’s house.

There are areas of fill where the proposed uses are proposed to be conducted, as follows:

·    Fill Area A (about 16.6ha) is located to the eastern side of the creek reserve and alongside the eastern side boundary in the southern portion of the land.  A new access road from the existing access road on the western side of the property is proposed to provide access into the northern part of Area A.  This utilises an existing creek crossing.

·    Fill Area B (about 5.21ha) is located to the south of the former quarry pit, between that pit and the Cooper Street frontage.  This area is proposed for the sale of recycled products, with a circular access road proposed of the existing western access road (near the entry from Cooper Street).

·    Fill Area C (about 1ha) is located south of Area A to the Cooper Street frontage and east of the creek.  This area is proposed for future recycling.

Public Notification

Advertising of the application has resulted in four objections being received.  The grounds of objection can be summarised as follows:

1.       Limited information provided with the application relating to matters such as the proposed caretaker’s house, recycling activities, traffic impacts, road capacities and environmental impacts.  Details regarding the proposed works to the central creek are inadequate.

2.       The proposal is contrary to Clause 52.45 of the Planning Scheme.

3.       The proposal is contrary to the purpose of the Special Use Zone 4.

4.       A caretaker’s house would be incompatible with the surrounding activities and would not meet separation requirements for a residential use and would be impacted by uses proposed on the site and by other uses in the broader area.

5.       The application does not demonstrate that the proposal can be adequately managed in terms of potential impacts such as wastewater, spills, dust and noise emission.

6.       The application does not include a site management plan.

7.       The potential off-site impacts will affect the proposed subdivision and development along the south side of Cooper Street (Biodiversity Park).

8.       The proposal would prejudice the possible future southerly extension of Vearings Road to Cooper Street.

9.       Car Parking is inadequate and there has been no assessment of proposed truck movements into and out of the site.

AMENDMENT TO APPLICATION

By notice dated 21 August 2015, the application was amended to reflect the various changes made to address Melbourne Water concerns and the revised/additional information provided by the applicant to address objectors concerns.  These changes included:

·    Amend extent of works within the Urban Floodway Zone.

·    Revised footprint of caretaker’s house and outbuilding.

·    Caretaker’s house floor and elevation plans.

·    Further detailing on siting of compound buildings in the materials recycling area.

·    Car parking and access throughout the site.

·    A revised town planning application report, amended to respond to issues raised by Council and discussions with Melbourne Water, including additional comments relating to the caretaker’s house, car parking reduction and resource recovery.

Where an application is amended after previous notification, the Planning and Environment Act 1987 requires that it be advertised to the extent considered necessary by Council.  It also provides that all objections previously lodged continue to stand unless formally withdrawn.

In this instance, the amended application was re-advertised to the four objectors.  None have elected to withdraw, so all objections are still applicable.

referrals

Environmental Protection Authority (EPA)

The application was referred to the EPA under Section 55 of the Planning and Environment Act 1987.  Following its request and receiving additional information from the Applicant, it advised that it had no objection to a permit being issued subject to the following condition being included:

The proponent must apply for and be issued with a Works Approval from the Environmental Protection Authority with respect to the construction of the composting facility.

Melbourne Water

Melbourne Water by letter dated 18 December 2013 required further information, including detailed hydraulic modelling, detail of a vegetated buffer zone from top of bank of Central Creek, detail of sedimentation ponds connecting to Central Creek and a stormwater management strategy.

The Applicant entered into lengthy negotiations with Melbourne Water, ultimately resulting in revisions to the proposal (revisions that were later included in the amended application to Council on 21 August 2015).  Melbourne Water by letter dated 9 January 2015 advised Council (its formal referral response) that it does not object to the proposal subject to a number of conditions and footnotes being included in any permit issued.  These are included in the Officer recommendation.

VicRoads

The application was referred to VicRoads under Section 52 of the Planning and Environment Act 1987 (due to movements to and from the site onto Cooper Street which is in the Road Zone Category 1).  VicRoads advised that it had no objection to a permit being issued.

 

Department of State Development, Business and Innovation (DSDBI)

DSDBI advised that it had no objection to a permit being issued.

CFA

The application was referred to the CFA under Section 52 of the Planning and Environment Act 1987 for comment.  The CFA highlighted the importance of fire safety on such sites, and that effective fire prevention is an important priority for the design and operation of the site.

It suggested a number of criteria accordingly, and these have been included as conditions in the recommendation for approval (Condition 8 requiring a Fire Management Plan).

Merri Creek Management Committee (MCMC)

The application was referred to the MCMC under Section 52 of the Planning and Environment Act 1987 for comment.  It noted that the proposed works did not affect any of the land within the Environmental Significance Overlay (ESO3), and on that basis did not object to the application.

 

PLANNING assessment

The following Planning Scheme policies and controls are considered relevant to this proposal and are identified as follows:

State Planning Policy Framework (SPPF)

The relevant State planning policy framework supports such uses in locations such as this, given the site’s industrial context and remoteness from more sensitive land uses.

The State Planning Policy Framework includes strategies for the provision of significant local employment opportunities (Clause 11.02-2) and availability of land for industry and the strategy of identifying land for industrial development in urban growth areas and in other appropriate locations (Clause 17).

Clause 19.03-5 (Waste and resource recovery) has the objective to avoid, minimise and generate less waste to reduce damage to the environment caused by waste, pollution, land degradation and unsustainable waste practices.  It is considered that the proposal is consistent with the strategies of this clause to contribute to an overall reduction in the amount of waste to landfill and supports resource recovery.

Local Planning Policy Framework (LPPF)

Clause 22.08 (Material Recycling Centres Policy)

This policy relates to the development of material recycling centres within the municipality, and has the objective to ensure that material recycling centres are situated in appropriate locations and do not affect the amenity of surrounding area.  It has the following policy statements:

§ Encourage material recycling centres to locate in areas with an industrial zoning rather than in areas with a business or rural zoning.

§ Encourage material recycling centres to locate away from main and secondary roads and minimise their visibility from major roads, in particular Cooper Street, High Street, Mahoneys Road, Dalton Road, and Settlement Road.

§ Ensure material recycling centres do not adversely affect the amenity of the surrounding area with regard to noise, air, and traffic pollution, hours of operation and visual intrusion on the streetscape character.

§ Ensure landscaping is provided to enhance the visual appearance of the site. In some instances landscaping will be required to provide a screen between the development and sensitive uses.  A landscaping setback is to be provided to the frontage of the site and the storage and stacking of materials should not occur along the frontage of the site.

§ Ensure the site is of sufficient size to provide adequate car parking, pedestrian access, and landscaping.

§ Ensure material recycling centres maintain an adequate distance from residential and commercial areas.

§ Discourage access to the site from residential streets.

§ Ensure that the establishment of any material recycling centres in the Cooper Street area is consistent with and does not prejudice the objectives and intentions of the Cooper Street Precinct Strategy.

§ Ensure that all processes on the site are conducted within buildings.  Burning of waste materials must not occur on the site.

The proposal/site is considered to be a satisfactory response to this policy, with the following being noted:

·    The site is zoned Special Use Zone 4 (Earth and Energy Resources Industry) which is considered to be an appropriate Zone for the proposed activities.

·    Although the site fronts Cooper Street, the area is one where similar such uses have been in place for many years and the proposed building material recycling is some 700m from the frontage with the retail element about 100m from the frontage.  It is therefore considered to be an appropriate location, considering surrounding uses and the potential for landscaping along the frontage.

·    The site is well separated from more sensitive land uses.

·    Setbacks between storage areas and Cooper Street, combined with landscaping along Central Creek will assist in screening the works and activities.

·    The site is adequate in size to accommodate the activities, car parking and access.

·    Setbacks exceeding 1.7km exist between commercial and residential areas and there is no access to or from any residential streets.

·    The Cooper Street Precinct Strategy is not applicable to land west of the Hume Freeway.

·    The recycling activity is about 700m from the Cooper Street frontage.  There is no proposal to burn waste.  Given the above factors, together with the size of the land and surrounding uses, it is considered appropriate that processes are not all within buildings on the site.

Special Use Zone Schedule 4 (SUZ4)

A planning permit is required for Materials Recycling, and for buildings and works.  The purpose of the Zone is:

To recognise or provide for the use and development of land for earth and energy resources industry.

To encourage interim use of the land compatible with the use and development of nearby land.

To encourage land management practice and rehabilitation that minimises adverse impact on the use and development of nearby land.

There is no exemption from notification (advertising) or appeal rights.  Hence the application was required to be advertised.

Concerns were raised early in the process with the Applicant regarding the proposed caretaker’s house.  In the revised information submitted as part of the amended application, the Applicant has provided detail seeking to justify the caretaker’s house, and provided floor plans, elevation and site location (not previously submitted).

The Applicant provides the following points:

·    This dwelling will be occupied by the site owner and site supervisor, it is not proposed as a separately leasable tenancy.

·    The site owner will remain actively involved in all facets of the business, not merely a landlord.

·    The caretaker’s residence will be used in part as an office for the administration of the various land uses on the site with a room directly allocated for this purpose.

·    The caretaker’s residence is compact, reflective of the importance of providing a direct link between the land uses and not a means of creating a separate dwelling within an industrial precinct.

·    The caretaker’s residence will be capable of being relocated and removed from the site upon the cessation of use as a caretaker’s residence.

·    The siting of the caretaker’s residence was carefully selected, taking into consideration the responsibilities and involvement of the site owner in the business and the importance of providing a location that fulfils the role and purpose of a caretaker’s dwelling whilst concurrently offering an acceptable ambience for the caretaker as their principal place of residence.

However, the main concern with a caretaker’s house in this location is the underlying incompatibility of a residential use with the proposed uses on the site, and with the existing uses on adjoining sites, despite the residential use being associated with an approved use on the site.

While it is understood that a caretaker’s house may be the preferred approach by the Applicant, there are other means to secure the site.  It is noted that the other adjoining properties (including similar uses) do not include caretaker’s houses as part of those uses.  Notably, the objections raise issues in relation to the presence of a dwelling within the area.

Urban Floodway Zone (UFZ)

The Urban Floodway Zone affects the Central Creek area, running approximately north-south though the site.  A permit is required for buildings and works in the UFZ, and referral to the relevant floodplain management authority (Melbourne Water) is required.

While the Applicant had extensive consultation with Melbourne Water to secure consent, this resulted in most fill initially proposed in the creek area being removed to satisfy Melbourne Water.  However, the proposal continues to seek approval for works in the UFZ (and LSIO), including some fill to assist in defining the flood path and the construction of a culvert/waterway crossing towards the southern end of the property and crossing Central Creek.

The proposed works within the UFZ remain consistent with the outcomes agreed with Melbourne Water and filling in and around the watercourse will proceed subject to Melbourne Water approval.

It is typically required that a 600mm freeboard be provided for any major overland flow path within a property, and this has been proposed as a condition in the Officer recommendation.

Land Subject Inundation Overlay (LSIO)

The LSIO follows the area of the UFZ and has a similar purpose and decision guidelines.  Despite the introduction of fill onto the site, the proposed works and subsequent land use take account of the site constraints created by Central Creek and will not interfere with the overland flow path or alter flood patterns and levels downstream.  The channel will be regraded and vegetated to either side as an exclusion zone to new development and use.

Environmental Significance Overlay Schedule 3 (ESO3)

This Overlay applies only to a corner part of the northern portion of the land, and does not affect any of the proposed development or uses proposed by the present application.

Particular Provisions

Clause 52.45 (Resource Recovery)

Clause 52.45 applies to all proposals for materials recycling (or a transfer station).  The stated purpose of this Policy is

To facilitate the establishment and expansion of a Transfer station and/or a Materials recycling facility in appropriate locations with minimal impact on the environment and amenity of the area.

This Clause was not addressed in the initial application.  However, it was addressed in detail in the documents forming the amended application.  The Clause contains a number of requirements for any application, and includes a number of decision guidelines which are to be considered as applicable.  These are set out below together with the Applicant’s response:

§ The contribution of the proposal to achieving resource recovery targets established by the Victorian Government.

Applicant response:    The materials recycling and concrete crushing will contribute to the sustainable reuse of building materials.  The tonnage of materials to be recycled and resold per annum will be determined through market demands.

§ The impact of the proposal on the amenity of the surrounding area.

Applicant response:    The site’s location in isolation to sensitive land uses, generous buffers provided to adjoining land use activities and proposed treatments including earth bund walls and landscaping will minimise any impact on surrounding land uses.

§ The Towards Zero Waste Strategy (DSE, 2005) and the Metropolitan Waste and Resource Recovery Strategic Plan (Sustainability Victoria, 2009).

Applicant response:    The “Towards Zero Waste Strategy” contains a range of initiatives aimed at minimising the amount of waste generated, identifying opportunities to reuse materials.

The guiding principles of the document focus on avoid, reuse, recycle and recovery of materials.

The Strategy identifies that waste from the construction and demolition industries are one of the highest contributors to waste in Victoria.

This proposal addresses the waste generated through the construction industry by identifying opportunities to reuse, recycle and treat materials from the construction industry, recognising the life cycle of the product.  The fundamental principles behind the application involve a broad range of recycling materials, be that the crushing of concrete, the reuse of timber from building demolition sites or the blending of mushroom compost with saw dust to produce a high quality top soil.

§ Relevant guidelines applicable to the use including the Environmental Guidelines for Composting and Other Organic Recycling Facilities (EPA, 1996), the Guide to Best Practice for Organics Recovery (Sustainability Victoria, 2009) and the Guide to Best Practice at Resource Recovery Centres (Sustainability Victoria, 2009).

Applicant response:    The Guidelines to Best Practice for Organics Recovery provides similar tools for the establishment of Resource Recovery Centres.  The proposed mushroom composting has gone through a similar assessment against the guidelines to determine appropriate siting and minimising impacts upon neighbouring land.  The technology employed for the mushroom composting is an Open Turned Windrow.  Best Practice Management techniques outlined in Table 3.2, page 24 of the Sustainability Victoria report provides the appropriate guidance to the operation and management of the site.

The Guidelines primary focus is on public waste recovery centres where there is greater community interaction.  The facility proposed by this application involves a minimal retail component and public interaction ensuring that conflicts between industrial activities and vehicles movements are minimised.

Land use activities will take place in accordance with Sustainability Victoria’s Guide to Best Practice at Resource Recovery Centres.  This includes consideration of the natural site condition including topography, hydrology and the site’s susceptibility to flooding through consultation with Melbourne Water and ecology (no remnant native vegetation removal required).  Equally, odour, dust, noise and security are relevant and the application’s assessment has considered these potential impacts on local amenity.

 

Clause 52.06 (Car parking) 

Clause 52.06 of the Whittlesea Planning Scheme prescribes the rate and design standards for car parking spaces required on site.  Pursuant to this Clause the car parking is required to be provided at the rate of 10% of the site area.

While the site has a total area of over 55.9ha, the car parking calculation has been determined based on the approximate land area occupied by each land use activity.  A total of 54 car spaces are shown, as follows:

·    Materials Recycling & Recovery (incl. mushroom composting and sales)    30 spaces

·    Concrete Crushing (Materials Recovery)        20 spaces

·    Caretaker’s House (2 to 3 bedroom)      4 spaces

While a detailed design of the car parking has not been completed, the Applicant has stated that:

·    The number of defined parking spaces is considered adequate as the uses will have a low long term parking demand.

·    Vehicles will typically stop in aisles to load / unload materials.

·    There is ample area for overflow parking on the site.

Due to the expansive land area, the opportunity is available for parking, above and beyond the numbers specified in the column ‘parking provided’, which define only those spaces that will be delineated on ground.

The existing constructed gravel road that leads into the site from the Cooper Street entrance will continue to service the site and provide access through to the caretaker’s residence, materials recycling and concrete crushing plant.

Comments on Grounds of Objection

1.       Limited information provided with the application relating to matters such as the proposed caretaker’s house, recycling activities, traffic impacts, road capacities and environmental impacts.  Details regarding the proposed works to the central creek are inadequate.

The amended application has removed the works proposed within the central creek area (Urban Floodway Zone) and thereby addresses the issue relating to works in the creek area.

Additional information has been provided in relation to the proposal. Accordingly, this ground can no longer be substantiated.

2.       The proposal is contrary to Clause 52.45 of the Planning Scheme.

This Clause relates to proposals for materials recycling and includes a range of application requirements and decision guidelines.  While the initial application did not address this Clause, the amendment to the application now includes a detailed assessment of the requirements of this Clause.

Accordingly, this ground can no longer be substantiated.


 

3.       The proposal is contrary to the purpose of the Special Use Zone 4.

Under the Special Use Zone Schedule 4, Materials Recycling as a use that can be permitted.  The Purpose of Schedule 4 is:

To recognise or provide for the use and development of land for earth and energy resources industry.

To encourage interim use of the land compatible with the use and development of nearby land.

To encourage land management practice and rehabilitation that minimises adverse impact on the use and development of nearby land.

Subject to appropriate land management practices and longer term rehabilitation, the proposal is consistent with the purpose of the Zone.  Further considering the surrounding land uses, the proposal is generally compatible with uses/developments of nearby land.  Accordingly, this ground can no longer be substantiated.

4.       A caretaker’s house would be incompatible with the surrounding activities and would not meet separation requirements for a residential use and would be impacted by uses proposed on the site and by other uses in the broader area.

Additional information provided by the Applicant sought to further justify the proposed caretaker’s house as an integral part of the overall proposal to provide the owner capability to oversee the operation and provide security.

However, the principal issue relates to incompatibility of a residential use with both the activities on the subject site and with existing uses on adjoining sites.  On that basis the proposed residential component is considered inappropriate and is not supported.

Proposed conditions in the Officer recommendation include a requirement that this element of the proposal be deleted.

It is considered that this ground of objection is justified, unless the caretaker’s house is conditioned out.

5.       The application does not demonstrate that the proposal can be adequately managed in terms of potential impacts such as wastewater, spills, dust and noise emission.

A requirement for an appropriate site management plan can be required by condition of permit.

6.       The application does not include a site management plan.

A requirement for an appropriate site management plan can be required by condition of permit.

7.       The potential off-site impacts will affect the proposed subdivision and development along the south side of Cooper Street (Biodiversity Park).

The proposed uses and works are well within the site, with the site broadening from a frontage of about 170m.  There is the capacity to provide landscaping along the frontage.  It therefore would not be expected to have a detrimental impact on the future development and uses within the Biodiversity Park estate, located on the south side of Cooper Street.

Accordingly, this ground can no longer be substantiated.

8.       The proposal would prejudice the possible future southerly extension of Vearings Road to Cooper Street.

The proposed use is contained on the site, with the proposed Vearing Road alignment running alongside (and outside) the eastern side boundary.  While there is a limited setback from that side boundary to the proposed works on site, the proposal would not affect the road reserve and the potential for the road to be constructed.  Accordingly, this ground cannot be substantiated.

9.       Car Parking is inadequate and there has been no assessment of proposed truck movements into and out of the site.

Car parking has been assessed by the applicant in the revised information and is considered to be adequate.  However, given the large size of the site, the Officer recommendation includes a condition to show potential for overflow parking which can be required in the event that additional car parking on site becomes necessary.

There is not expected to be any issues in relation to truck movements within the site or in entering/exiting the site, however there is a proposed condition that required truck movement to be shown.  Any modifications required in that regard would be minor.

Accordingly, this ground can no longer be substantiated.

Declarations of Conflicts of Interest

Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest.

The Responsible Officer reviewing this report, having made enquiries with the relevant members of staff, reports that no disclosable interests have been raised in relation to this report.

Conclusion

The proposal has been assessed against the requirements of the Whittlesea Planning Scheme.

It demonstrates a satisfactory level of compliance with most requirements of the Planning Scheme, and subject to the deletion of the proposed caretaker’s house and other minor modifications and appropriate conditions it represents an appropriate use of the land in this location.  It is considered that the proposal will not have a detrimental impact on the existing character of the area nor on other properties adjoining and nearby.  Accordingly approval of the application is recommended.

 

 

Recommendation

THAT Council resolve to approve Planning Application No. 714470 and issue a Notice of Decision to Grant a Permit for the use and development of a materials recycling centre, reduction in the standard car parking requirement together with associated buildings and works in accordance with the endorsed plans and subject to the following conditions:

1.       Prior to the endorsement of the plans required under Condition No. 2, or at such later date as the Responsible Authority may approve in writing, there shall be lodged with the Responsible Authority an amount of $25,000 as security deposit for the satisfactory completion and maintenance of the landscaping works hereby permitted.

Upon completion of the landscaping works to the satisfaction of the Responsible Authority, the Responsible Authority will refund the security deposit to the then owner of the subject land.

2.       Before the use and/or development starts, three (3) copies of a revised plan must be submitted to and approved by the Responsible Authority, showing:

(a)        The deletion of the proposed caretaker’s house.

(b)        Detail of the 100 year overland flow paths outside the Central Creek area that may be affected by the proposed fill.

(c)        A 600mm freeboard above the 100 year event.

(d)        Details of the access to the compound, including access to and from the existing road network.

(e)        Detailed layout plan of all car parking areas and access.

(f)        Truck swept path diagrams for truck movements throughout the site, including site entries and exits.

(g)        Location of existing vegetation including average heights and species.

(h)        All existing and proposed earth bunds including heights.

(i)         All existing and proposed structures including portable structures and whether they are proposed for retention or removal.  Plan detail of all buildings proposed or to be retained.

(j)         An area of the site to be used for overflow car parking or additional car parking to be used in the event that the approved car parking areas become inadequate.

3.       Prior to commencement of the use on the site, compaction test results and a geotechnical report must be submitted to and be to the satisfaction of the Responsible Authority.

4.       Prior to commencement of the use on the site, a Site Management Plan must be submitted to and approved by the Responsible Authority for the area covered by the plan to be submitted under Condition No. 1 of this permit.  The Site Management Plan must address the following matters:

(a)        Noise management procedures.

(b)        Weed management plan.

(c)        Dust management procedures including directional monitoring.

(d)        Vehicle management including access arrangements, loading and unloading procedures and means to ensure there is no inadvertent transfer of material out of the development area.

(e)        The items required by Melbourne Water under Condition Nos. 33 to 37 and 39.

5.       The use and any development shall at all times comply with the approved Site Management Plan, unless prior written approval has been obtained from the Responsible Authority.

6.       All filling on the site must be carried out, supervised, completed and recorded in accordance with Australian Standard AS3798 (Guidelines on earthworks for commercial and residential developments) to the satisfaction of the Responsible Authority.

7.       The works must be under Level 1 supervision by a qualified geotechnical engineer.

8.       Before the use and/or development starts, a Fire Management Plan must be submitted to and approved by the responsible authority.  This must address the following matters:

(a)        Provision of adequate water supply and pressure to be available in accordance with the Australian Standard for Fire Hydrant installation AS2419, with the site coming within the category of ‘open yard storage’ under that Standard.

(b)        Demonstrate that the road design and layout provides for heavy fire appliances (minimum 15 tonnes capacity) to gain quick and effective access to all parts of the site.

(c)        Ensure that combustible materials are adequately separated of timing and weed control measures are to be undertaken.

(d)        Use of fire breaks at or near the perimeter of the site.

(e)        Management of materials to ensure maximum site efficiency and minimal likelihood of ignition.

9.       Before the use and/or development starts, a Weed Management Plan must be submitted to and approved by the responsible authority.  This must address the following matters:

(a)        Identification of all weed species present on the site.

(b)        Details of the control measures proposed to eliminate weed species.

(c)        Details of timing and weed control measures are to be undertaken.

(d)        Identification of measures to be used to prevent weed dispersal and re-infestation, and in particular prevent infestation of the Central Creek channel.

(f)        An outline of how the site will be managed and monitored into the future.

10.     No native vegetation shall be destroyed, felled, lopped, ringbarked or uprooted without the consent of the Responsible Authority.  All remnant vegetation must be protected by the installation of temporary fencing prior to the commencement of works to the satisfaction of the responsible authority.

11.     Before the use and/development starts, three copies of a detailed landscape plan prepared by a person suitable qualified and experienced in landscape design must be submitted to and approved by the responsible authority.  The plans must be drawn to scale with dimensions and show all proposed landscaping including details of any vegetation to be retained, hard landscaping elements, location of all new planting, a plant schedule of plant species (including botanical name, mature height, mature spread, container size, quantities, densities and code) and a maintenance schedule.  Species selection is to be to the satisfaction of the responsible authority.

12.     The use and/or development allowed by this permit and shown on the plans and/or schedules endorsed to accompany this permit shall not be amended for any reason without the consent of the Responsible Authority.

13.     Once the use and/or development has started it must be continued and completed to the satisfaction of the Responsible Authority.  Should the use not commence or the use ceases for a period of more than two years, all plant shall be removed from the site at the written direction of the Responsible Authority.

14.     Before starting any buildings or works, engineering plans showing a properly prepared design (with computations) for the internal drainage and method of disposal of stormwater from all roofed and sealed areas, including the use of an on-site detention system (if required), must be submitted to Council for approval.  These internal drainage works must be completed to Council’s satisfaction prior to using or occupying any building on the site.

15.     All wastewater or contaminated stormwater generated at the premises must be properly managed.  All proposed structures shall have free draining outlets for stormwater drainage.

16.     Before the use and/or development starts, areas set aside for parked vehicles and access lanes as shown on the endorsed plan must be:

(a)        Constructed to the satisfaction of the Responsible Authority.

(b)        Properly formed to such levels that they can be used in accordance with the plans.

(c)        Surfaced with crushed rock, gravel, or granitic sand to the satisfaction of the Responsible Authority.

(d)        Drained and maintained to the satisfaction of the Responsible Authority.

Parking areas and access lanes must be kept available for these purposes at all times.

17.     Except with the prior written consent of the Responsible Authority, the use may operate only between the hours of:

Monday – Saturday             6:00am to 6.00pm (all uses).

Sunday                                 7:00am to 1.00pm (concrete crushing only).

18.     The amenity of the area must not be detrimentally affected by the use or development through the:

(a)        Transport of materials, goods or commodities to and from the land.

(b)        Appearance of any building, works or materials.

(c)        Emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil.

(d)   Presence of vermin.

19.     A sign to the satisfaction of the Responsible Authority must be provided directing drivers to the area set aside for car parking and must be maintained to the satisfaction of the Responsible Authority.  The sign must not exceed 0.3 square metres in area.

20.     The loading and unloading of goods from vehicles must at all times be carried out in accordance with the Site Management Plan.

21.     All existing vegetation shown on the endorsed plan must be suitably protected, and must not be removed, destroyed or lopped without the written consent of the Responsible Authority.

22.     The height of all stockpiled material on the subject site shall not exceed 10m.

23.     Adequate provision shall be made for the storage and collection of garbage and other solid wastes within the curtilage of the site.  This area shall be properly graded and drained, and screened from public view to the satisfaction of the Responsible Authority.

24.     The site shall at all times be kept in a neat and tidy condition to the satisfaction of the Responsible Authority. Any litter shall be immediately removed from the site and surrounding area at the written direction of the Responsible Authority.

25.     The permit holder must promptly remove or obliterate any graffiti on the subject site which is visible to the public and keep the site free from graffiti at all times to the satisfaction of the Responsible Authority.

26.     During the construction phase, a truck wheel washing facility or similar device must be installed and used to the satisfaction of the Responsible Authority so that vehicles leaving the site do not deposit mud or other materials on roadways.  Any mud or other materials deposited on roadways as a result of construction works on the site must be cleaned to the satisfaction of the Responsible Authority within two hours of it being deposited.

27.     Noise emitted from the premises must not exceed the noise objectives as set out in State Environment Protection Policy Control of Noise from Commerce, Industry and Trade No. N-1.

28.     Prescribed Industrial Wastes (including asbestos) as defined by the Environment Protection (Industrial Waste Resource) Regulations 2009 must not be accepted on site.

29.     Offensive odours must not be discharged beyond the boundary of the site.

30.     There must be no visible discharge of dust beyond the boundary of the site.

31.     The general amenity of the surrounding area must be protected from impacts of litter and appropriate control measures should be put in place to manage vermin.

32.     No materials shall be burned on-site at any time.

Melbourne Water Conditions (Numbers 33 – 43)

33.     Finished floor levels of any new dwellings or buildings must be constructed a minimum of 600mm above the applicable flood level.

34.     Any proposed roads or vehicle parking areas must have finished surface levels no lower than 350mm below the applicable flood level.

35.     Prior to any commencement of works, plans showing the locations of any new septic systems and any associated trenches must be approved by Melbourne Water.

36.     All proposed batters are to be compacted, stable and grassed after topsoiling.

37.     Prior to the commencement of works, a Site Environmental Management Plan (SEMP) must be approved by Melbourne Water.  The SEMP must show the location and nature of environmental values identified through site environmental assessments, and include details of measures to protect or mitigate risk to those values.  The SEMP must include a site map detailing the location and design of all measures in relation to significant site values including the following:

(a)        Silt fencing.

(b)        Access tracks.

(c)        Spoil stockpiling.

(d)        Trenching locations.

(e)        Machinery/Plant locations.

(f)        Exclusion fencing around native vegetation/habitat.

(g)        Vehicle wash down bay (to prevent introduction of weeds).

(h)        Areas subject to dust, noise and/or light control.

(i)         Litter control measures.

38.     Prior to completion of detail design of the proposed works, the proponent will need to formally apply to Melbourne Water’s Asset Services Team to conduct any works on or near a Melbourne water asset (including waterways).  Prior to undertaking any works, the proposal must be accepted by Melbourne Water and the contractor must be in receipt of a Melbourne Water Permit to Work.  Please contact Melbourne Water’s Asset Services Team on telephone 9679 6641 for more information.

A Permit to Work can only be issued subject to the contractor performing Melbourne water’s recipient training.  Please contact Melbourne Water’s Asset Services Team on telephone 9679 6641 (with details of the contractor) to arrange training: providing at least 28 days’ notice.

39.     Prior to commencement of works, detailed engineering plans (including plans detailing the proposed access crossing) must be approved by Melbourne Water.  All works within 20 metres of Central Creek (a designated waterway) will require approval under the Water Act with works to be constructed under Melbourne water surveillance.

40.     Prior to the commencement of works separate application, direct to Melbourne water, must be made for any new or modified storm water connection to Melbourne Water’s drains or watercourses.

41.     Stormwater runoff from the subdivision must achieve State Environmental Protection Policy (Waters of Victoria) objectives for environmental management of stormwater as set out in the ‘Urban Stormwater Best Practice Environmental Management Guidelines (CSIRO) 1999’.

42.     Local drainage must be to the satisfaction of Council and must not impact on adjoining properties.

43.     Pollution and sediment laden runoff shall not be discharged directly or indirectly into Melbourne Water’s drains or waterways.

44.     In accordance with the Planning and Environment Act 1987, a Permit for the development and use expires if:-

(a)     The approved development does not start within two years of the date of this permit; or

(b)     The approved development is not completed within four years of the date of this permit; or

(c)     the appro