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Minutes

 

OF Ordinary
COUNCIL MEETING

HELD ON

Tuesday 23 February 2016

AT 6:31pm

In Council Chamber, 25 Ferres Boulevard, South Morang


Ordinary Council Minutes                                                             Tuesday 23 February 2016

 

 

 

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


 

SENIOR OFFICERS

 

 

DAVID TURNBULL                            CHIEF EXECUTIVE OFFICER

RUSSELL HOPKINS                         DIRECTOR COMMUNITY SERVICES

STEVE O’BRIEN                                DIRECTOR PLANNING AND MAJOR PROJECTS

NICK MANN                                       DIRECTOR INFRASTRUCTURE

MICHAEL TONTA                              ACTING DIRECTOR CORPORATE SERVICES

GRIFF DAVIS                                     DIRECTOR ADVOCACY AND COMMUNICATIONS

NARELLE WILLIAMSON                   ACTING TEAM LEADER GOVERNANCE

 


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         Present.. 9

2.            Apologies.. 9

3.            Declarations of Interest.. 10

4.            Confirmation of Minutes of Previous Meeting.. 10

5.            Consideration and Action on Petitions and Joint Letters.. 11

5.1         Petitions.. 11

5.1.1       WALLAN ROAD, PLENTY ROAD, MACMEIKAN AND LAUREL STREETS IN THE TOWNSHIP OF WHITTLESEA.. 11

5.1.2       Configuration of Hendersons Road Bridge and cycling path link.. 11

5.2         Joint Letters.. 11

6.            Officers’ Reports.. 13

6.1         Planning and Major Projects.. 15

6.1.1       1 Peacock Close, Mill Park - Construction of a dwelling to the side of an existing dwelling.. 15

6.1.2       35 Neilsen Crescent, Bundoora - Construction of three double storey dwellings.. 25

6.1.3       36 Vasey Avenue, Lalor - Construction of two double storey dwellings.. 37

6.1.4       2 David Street, Lalor - Construction of a Four Storey Residential Building Comprising 28 Dwellings with Basement Car Parking.. 49

6.1.5       6 Talbot Avenue, Thomastown - Construction of Two Dwellings.. 71

6.1.6       202 McDonalds Road, Epping - Buildings and works comprising an extension to an existing aged care facility to accommodate 68 additional lodging rooms, associated business identification signage and alteration of access to a road zone category 1. 81

6.1.7       13 Lagen Court and 28 Fairway Court, Bundoora - Construction of four double storey dwellings in addition to existing double storey dwelling (five dwellings on two lots) 93

6.1.8       244 Sixth Avenue Eden Park - Use and Development of the Land for Animal Husbandry (Greyhounds) 105

6.1.9       2015/16 Second Quarter New Works Program Report. 111

6.1.10    Submission to GC28 Donnybrook/Woodstock PSP.. 117

6.2         Community Services.. 119

6.2.1       City of Whittlesea Club In-Kind Contribution Policy.. 119

6.2.2       Family Violence Strategy - Annual Progress Review and Priorities for 2016. 123

6.2.3       2016 Winter Season Sports Ground Allocation Report  131

6.2.4       Visual Art and Civic History Collections Policy.. 137

6.3         Finance and Organisation Improvement.. 141

6.3.1       FINANCIAL PERFORMANCE REPORT FOR THE PERIOD ENDED 31 DECEMBER 2015. 141

6.4         Infrastructure.. 143

6.4.1       TRAFFIC CONDITIONS - VISTA WAY, SOUTH MORANG.. 143

6.5         Governance and Economic Development.. 149

6.5.1       Election Period Policy and Procedural Guidelines.. 149

6.5.2       URBAN DEVELOPMENT INSTITUTE OF AUSTRALIA (UDIA) NATIONAL CONGRESS 2016. 153

6.5.3       Green Cities Conference 2016. 157

6.5.4       ASSEMBLIES OF COUNCILLORS - 23 FEBRUARY 2016. 163

6.6         Advocacy and Communication.. 167

Nil Reports.. 167

6.7         Executive Services.. 167

Nil Reports.. 167

7.            Notices of Motion.. 169

Nil Reports.. 169

8.            Questions to Officers.. 169

Nil Reports.. 169

9.            Urgent Business.. 169

Nil Reports.. 169

10.         Reports from Delegates Appointed to Council by Other Bodies.. 171

10.1        WHITTLESEA SECONDARY COLLEGE CHAPLAINCY COMMITTEE.. 171

10.2        Yarra Plenty Regional Library Board.. 171

10.3        Metropolitan Local Government's Waste Forum (MLGWF) 171

11.         Questions to Councillors.. 173

11.1        Precinct Structure Plans 1067 and 1069. 173

11.2        INFRASTRUCTURE CONTRIBUTIONS PLAN (ICP) 173

11.3        Donnybrook/Woodstock PSP.. 174

11.4        Donnybrook Cheese Farm.. 174

11.5        Donnybrook Woodstock PSP.. 174

11.6        Donnybrook Woodstock PSP.. 175

11.7        RESIDENTIAL GROWTH ZONING.. 175

12.         Confidential Business.. 177

12.1       Planning and Major Projects.. 177

12.1.1    UPGRADE AND EXTENSION OF RGC COOK RESERVE PAVILION CONTRACT 2015-108 - TENDER EVALUATION REPORT. 177

12.2       Community Services.. 177

12.2.1    Thomastown Recreation and Aquatic Centre 2014/15 Performance Review CT091030. 177

12.2.2    Sporting Clubs Outstanding Debtors.. 177

12.2.3    Mill Park Leisure Centre & Whittlesea Swim Centre 2014/15 Annual Performance Report. 177

12.2.4    Contract CT091030 Management and Operation of Thomastown Recreation & Aquatic Centre Finalisation Report. 177

12.2.5    Building Permits Service Review... 177

12.2.6    Mill Park Leisure Centre Redevelopment. 177

12.3       Finance and Organisation Improvement.. 177

Nil Reports.. 177

12.4       Infrastructure.. 177

12.4.1    Mill Park Lakes Recreation Reserve - Construction of a Synthetic Australian Rules Football / Cricket Ground. 177

12.4.2    Melbourne Markets Stormwater Harvesting Project Stage 2 - CT111268 - Contract Finalisation.. 177

12.5       Governance and Economic Development.. 177

Nil Reports.. 177

12.6       Advocacy and Communication.. 177

Nil Reports.. 177

12.7       Executive Services.. 177

12.7.1    Meetings of the Chief Executive Officer – 25 January 2016 to 12 February 2016. 177

13.         Closure.. 179

 

 

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       Present

Members:

Cr Stevan Kozmevski         Mayor (South West Ward)

Cr Kris Pavlidis                    Councillor (South West Ward)

Cr Darryl Sinclair                 Councillor (South West Ward)

Cr Adrian Spinelli                 Councillor (South West Ward)

Cr Norm Kelly                      Deputy Mayor, (South East 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 Nick Mann                      Director Infrastructure

Mr Michael Tonta                Acting Director Corporate Services

Mr Griff Davis                      Director Advocacy and Communications

Mrs Narelle Williamson        Acting Team Leader Governance

2.         Apologies

Apology

An apology was received on behalf of Cr Ricky Kirkham who requested that leave be granted for this meeting.

Council Resolution

Moved:                       Cr Stow

Seconded:               Cr Sinclair

THAT the Councillor's apology be received and leave be granted.

Carried

 

3.         Declarations of Interest

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

Cr Griffin declared  an indirect interest because of conflicting duty in Item 6.1.8 – 244 Sixth Avenue, Eden Park – use and development of the land for animal husbandry (greyhounds) on the grounds that the applicant is a member of the Melbourne Greyhound Racing Association of which he is a Director.

4.         Confirmation of Minutes of Previous Meeting

Council Resolution

Moved:                       Cr Sinclair

Seconded:               Cr Kelly

 

That the following Minutes of the preceding meeting as circulated, be confirmed:

Ordinary Meeting of Council held 2 February 2016

Carried

 


5.         Consideration and Action on Petitions and Joint Letters

5.1       Petitions

5.1.1    WALLAN ROAD, PLENTY ROAD, MACMEIKAN AND LAUREL STREETS IN THE TOWNSHIP OF WHITTLESEA

File No:      ST

Cr Kozmevski tabled a petition from Rob Mitchell Federal Member for McEwen with 1059 signatures comprising 925 residents and 134 non residents requesting Council recognise that the intersection of Wallan Road, Plenty Road, Macmeikan and Laurel Streets in the township of Whittlesea represents a danger to the community and visitors alike and immediately address their concerns by installing traffic lights across the dangerous section of the road.

Council Resolution

Moved:                       Cr Pavlidis

Seconded:               Cr Spinelli

 

THAT Council resolve to receive the petition and a report be prepared.

Carried

 

5.1.2    Configuration of Hendersons Road Bridge and cycling path link

File No:      ST

Cr Pavlidis tabled a petition from 211 residents and 7 non-residents asking Council to re-consider the re-configuration of the Hendersons Road Bridge and cycling path link. Believing that by erecting the bicycle path and narrowing the road will endanger cyclists as they will be within a one metre area, next to pedestrians, and motorists. Hendersons Road has bus route 569, it should also be noteworthy that large vehicles utilise this carriageway having large side mirrors on their vehicles which could be hazardous for cyclists. Narrowing the road will impact on the road users as well. The petitioners request Council to retain the Hendersons Road bridge as is and construct bicycle/walking path alongside the bridge.

Council Resolution

Moved:                       Cr Pavlidis

Seconded:               Cr Griffin

 

THAT Council resolve to receive the petition and a report be prepared.

Carried

5.2       Joint Letters

            NIL


 

6.         Officers’ Reports

Council Resolution

Moved:                       Cr Kelly

Seconded:               Cr Stow

 

THAT Council resolve to adopt the Recommendations for items numbers 6.1.1, 6.1.2, 6.1.3, 6.1.5, 6.1.6, 6.1.7, 6.1.9, 6.2.1, 6.2.2, 6.2.3, 6.3.1, 6.5.1, 6.5.2, 6.5.3 and 6.5.4 .

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    1 Peacock Close, Mill Park - Construction of a dwelling to the side of an existing dwelling

File No:                                  715461

Attachments:                        1        Locality Maps  

2        Development Plans    

Responsible Officer:           Director Planning & Major Projects

Author:                                  Planning Officer EAP   

 

APPLICANT:                                  Ikonomidis Reid Pty Ltd

COUNCIL POLICY:              Housing Diversity Strategy

ZONING:                               General Residential Zone

OVERLAY:                            Development Contributions Plan Overlay (Schedule 3)

REFERRAL:                          Nil

OBJECTIONS:                      Three

RECOMMENDATION:         That Council approve the application

Report

EXECUTIVE Summary

The applicant proposes to construct one double storey dwelling to the side of the existing single storey dwelling. A new crossover along Hurlstone Crescent will provide access to the proposed dwelling, and the existing crossover (also located along Hurlstone Crescent) will provide access to the existing dwelling.

 

Advertising of the proposal resulted in three objections 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 Suburban Residential Change 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 south of Peacock Close, Mill Park, approximately 300m west of Plenty Road (see Attachment 1).

 

The subject site is a corner lot. The land has a fall of 1.05m that runs from west to east of the lot. The site is irregular in shape and has a tapered frontage of approximately 22.0m to Hurlstone Crescent and a depth of 15.0m. The site has a total site area of approximately 620m2.

 

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 detached single storey dwellings. The adjoining properties immediately to the west and south of the site are both single storey dwellings constructed in brick.

 

Examples of medium density development in the general area include 89 Redleap Avenue, 13 Perrott Court, and 2 Truscott Court.

 

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

 

·    Bus Route 572 – University Hill to Doreen (280m east)

·    Redleap Reserve (500m south west)

·    Mill Park Basketball Stadium (500m south west)

·    Mill Park Library (520m north east)

·    Mill Park Secondary College (530m south west)

·    Mill Park Stables Shopping Centre (850m south west)

restrictions and easements

The site is legally described as Lot 1540 on Plan of Subdivision 118917. There are no encumbrances on title that preclude Council from making a decision.

There are no easements that affect the property.

Proposal

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

 

The existing dwelling (Dwelling No. 1) contains a kitchen, meals, a living room, three bedrooms, amenities and a brick garage.

 

The proposed dwelling (Dwelling No. 2) will contain an open plan kitchen/meals area, a family lounge room, three bedrooms, amenities and an attached single 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

Single Storey

3

3.3m front (south east), 2.5m rear (north west), 0.0m side (wall on boundary, south west)

88m2 (including 38m2 of Secluded Private Open Space)

Single garage and single tandem car space

4.3m

Dwelling No. 2

Double Storey

3

4.8m front (south east), 2.0m side (north east), 3.6m rear north west)

224m2 (including 177m2 of Secluded Private Open Space)

Single garage and single tandem car space

7.5m

Public Notification

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

1.       Loss of privacy

2.       Increase in traffic and location of crossover

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 HDS nominates this site as being within the Suburban Residential Change Area.

 

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

ü

ü

No front fences are proposed.  It is noted, however, that the existing 1.8m paling fence to Peacock Close will be replaced (and form the side boundary fence of the new dwelling).  It is considered that a higher quality of fencing should be provided to Peacock Close and that the side gate be relocated 4.5m northwest (adjacent to the ground floor stairwell) to improve surveillance to Peacock Close.  A condition will be included on any permit issued to address this matter.

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

Single garage 5.5m x 3.7m

Tandem open car space 2.6m x 4.9m

No

2

3

2

Single garage 6.0m x 3.5m

Tandem open car space 2.6m x 5.4m

Yes

 

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 parking spaces for the proposed dwelling comply with these requirements. The existing single car garage, however, does not meet the minimum length requirements.  A condition will be included on any permit issued for the plans to be revised to show the provision of two parking spaces (one covered) in accordance with the requirements of the Scheme. 

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. Habitable room windows on the first floor 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, are obscured up to a 1.7m sill height, or are located in excess of 9.0m away from any secluded private open space areas and habitable room windows. The requirements of this standard are satisfied.

Accordingly, this ground of objection cannot be substantiated.

2.  Increase in traffic and location of crossover

The on-site car parking provided meets the number of spaces required under Clause 52.06.  A condition of permit will ensure that the spaces provided for the existing dwelling are of sufficient length. 

 

The proposed dwelling will result in a nominal increase in vehicle movements within Hurlstone Crescent and the surrounding road network.  While the angled driveway is unusual, the design reflects the existing driveway to the property and also several others within the vicinity.  The location of the proposed crossover meets the required setback from the corner.  The location of the proposed crossover meets the required setback from the corner.

 

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. 715461 and issue a Notice of Decision to Grant a Permit for the construction of a dwelling to the side of the existing dwelling at 1 Peacock Close, Mill Park, 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)      the parking spaces for Dwelling 1 to be compliant with Clause 52.06 of the Whittlesea Planning Scheme.

b)      the fencing and gate provided to the north east boundary of the new dwelling to be setback an additional 4.5m from Hurlstone Crescent (to align with the ground floor stairwell).

c)      feature style fencing with 25% transparency to be provided in lieu of the paling fence 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 Kelly

Seconded:               Cr Stow

 

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

Carried

 


6.1.2    35 Neilsen Crescent, Bundoora - Construction of three double storey dwellings

File No:                                  715189

Attachments:                        1        Locality Maps  

2        Development Plans    

Responsible Officer:           Director Planning & Major Projects

Author:                                  Planning Officer EAP   

 

APPLICANT:                                  Mrs K Ivanova

COUNCIL POLICY:              Nil

ZONING:                               General Residential

OVERLAY:                            Development Contributions Plan Overlay (Schedule 3)

REFERRAL:                          Nil

OBJECTIONS:                      16

RECOMMENDATION:         That Council refuse the application

Report

EXECUTIVE Summary

The applicant proposes to demolish the existing dwelling and construct three double storey dwellings.  Two new vehicle crossings are being proposed to facilitate the development.  Dwelling No. 1 will be serviced by a single crossing along the eastern boundary and Dwelling Nos. 2 and 3 will be serviced by a double crossing along the northern boundary.  The existing crossing located along the northern boundary is to be reinstated to kerb and channel.

Advertising of the proposal resulted in sixteen objections being received.  The grounds of objection relate to neighbourhood character, traffic and car parking; overlooking and overshadowing, loss of views and inappropriate street setback.

The proposal fails to meet many of the standards of Clause 55 of the Whittlesea Planning Scheme including neighbourhood character, integration with the street, energy efficiency, access, private open space, solar access to open space, external storage, design detail and front fences.

The Housing Diversity Strategy (HDS) nominates this site as being within the Suburban Residential Change Area. The proposal does not meet the preferred density for this Change Area. 

Council officers worked with the applicant in an endeavour to address the non-compliances but after considering several alternate proposals, were requested by the applicant to progress the application to Council for determination.

On the basis on the non-compliances with Clause 55 and the HDS, it is recommended that Council refuse the application.

SITE AND SURROUNDING AREA

The subject site is a residential property located on the south western corner of the Neilsen Street/Madison Court intersection (see Attachment 1).  The subject site falls away from Neilsen Street to the west by approximately 4.0m.   The site is generally rectangular in form and provides a frontage to Neilsen Street of 12.1m, a length of 34.7m (Madison Court) and a depth of 17.8m, giving a total site area of approximately 620m2.  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 single storey dwellings.  The adjoining properties to the south and west are single storey and constructed in brick.  Examples of medium density development located within the immediate vicinity are at 11 Neilsen Crescent and 104 Holt Parade.

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

·        Holt Park (158m southeast).

·        Norris Bank Primary School (260m northeast).

·        Norris Bank Parklands (365 northeast).

·        Bus Route 902 – Greensborough to Broadmeadows (235m north).

restrictions and easements

The Certificate of Title for the property shows that the site is not affected by any encumbrances or restrictions.  There is a 2.4m wide sewerage and drainage easement that runs along the property’s western (rear) boundary.

Proposal

It is proposed to construct three double storey dwellings (see Attachment 2).

Dwelling No. 1 contains a porch, entry, open plan kitchen and family area as well as a study, laundry and powder room on the ground floor, while the first floor contains three bedrooms and two bathrooms. 

Dwelling No. 2 contains a porch, entry, open plan kitchen and family area, laundry and powder room on the ground floor, while the first floor contains two bedrooms, two bathrooms, study nook and retreat. 

Dwelling No. 3 provides for a porch, entry, open plan kitchen/meals/living area, bathroom and bedroom at ground floor level, while the first floor level provides for two additional bedrooms, two bathrooms, study nook and retreat. 

A single garage and open (tandem) car space is provided to each dwelling.  Access to Dwelling No. 1 is proposed via a new crossover from Neilsen Crescent.  A new double crossover to Madison Court will provide vehicle access to Dwelling Nos. 2 and 3.  The existing crossover to Madison Court is to be removed.

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

4.3m north (front), 3.3m east (side), 0m south (rear), 24m west (side).

70m2

(including 58m2 secluded private open space)

 

Single garage

(6.0m x 3.5m)

and open tandem car space

(5.4m x 3.0m)

7.5m

(overall)

Dwelling No. 2

Double Storey

2

4.3m north (front), 12.5m east (side), 4.0m south (rear), 13.5m west (side).

75m2

(including 47m2 of secluded private open space)

Single garage

(6.0m x 3.5m)

and open tandem car space

(5.4m x 3.0m)

7.0m

(overall)

Dwelling No. 3

Double Storey

3

4.3m north (front), 23.0m east (side), 1.9m south (rear), 3.2m west (side).

98m2

(including 71m2 of secluded private open space)

Single garage

(6.0m x 3.5m)

and open tandem car space

(5.4m x 3.0m)

6.8m

(overall)

Public Notification

Advertising of the application has resulted in 16 objections being received and one submission supporting the proposal.  The grounds of objection can be summarised as follows:

1.       Does not complement existing character of area (bulk and height)

2.       Parking and Traffic issues (including sightlines and further loss of on-street parking)

3.       Overlooking and overshadowing (over solar panels)

4.       Overdevelopment of the site

5.       Possible blasting of rock during construction

6.       Setback from Neilsen Street

7.       Insufficient public notification period.

8.       Impact on views afforded from other properties

9.       Devaluation of property

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 existing neighbourhood character is typified by a predominance of single storey dwellings built circa 1960’s and 1970’s.  The dwellings are mostly of brick veneer construction.

The neighbourhood contains mainly single detached dwellings given the topographical constraints of the area and inherent small lot sizes.   The area is generally characterised by low-level front yard gardens that are well maintained and front boundary fencing is generally low.

The topography of the area can be described as moderate and gently sloping with framed views and overhead services. 

The current proposal to demolish the existing single storey dwelling and construct three double storey dwellings with no building separation at ground level and minimal separation at first floor level is not considered complementary to the existing built form in the area.  While double storey built form is generally acceptable in residential areas, minimal recessing of the first floor from the northern elevation (Madison Court) results in continual built form and excessive building bulk presented to the street.

The extent and intensity of the proposed three dwelling development is considered to be at odds with the existing character of the area.

B2

Residential Policy

x

x

The HDS nominates the subject site as located within the Suburban Residential Change Area.  This Change Area encourages standard density with the preferred housing types comprising detached dwellings, duplexes and dual occupancies.  Key design principles include low building heights to reflect the existing suburban scale and character; a front setback to allow for significant landscaping and large canopy trees to create a sense of openness to the street; increased side and rear setbacks to provide for building separation and landscaping; increased areas of private open space to allow for significant landscaping; large canopy trees in the front setback and extra-large canopy trees in the rear setback.

The proposed three dwelling development fails to accord with the preferred housing density or key design principles outlined in the HDS.  The proposed built form at ground level is continuous and although some attempt has been made to provide separation at first floor level, there is a lack of recession which results in a development that is bulky and visually obtrusive.

The proposed setbacks from title boundaries provides for limited landscaping opportunities throughout the development.

B3

Dwelling Diversity

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

B4

Infrastructure

 

B5

Integration with the street

x

x

The standard requires that high fencing in front of dwellings should be avoided if practicable.  The current proposal provides for the construction of a 1.8m high timber paling fence to the secluded private open space area of Dwelling No. 1 that is located within the front setback area of Madison Court and extends along the majority of the Neilsen Crescent secondary street frontage. 

This fencing impacts on the acceptable integration of the layout of the development with the street.

A reduction in the height of the fencing would impact on the provision of the secluded private open space area that must be provided for Dwelling No. 1. 

B6

Street setback

 

B7

Building height

 

B8

Site coverage

 

B9

Permeability

 

B10

Energy efficiency

x

x

The standard requires that living areas and private open space should be located on the north side of the development if practical. 

While all living areas are located on the north side of the property (facing Madison Court), the secluded private open space area of Dwelling No. 2 is provided to the south of the dwelling.  The shadow diagrams provided with the application indicate that mosty of this area is within shadow for the majority of the day.

B11

Open space

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

B12

Safety

 

B13

Landscaping

x

x

A landscape plan has not been provided with the application.  While this can be dealt with by a condition on any permit that is issued, it is considered that due to the bulk and continuous built form of the dwellings, the development does not lend itself to any meaningful landscaping.

B14

Access

x

x

The objective of this clause is to ensure the number and design of vehicle crossovers respects the neighbourhood character.  Before deciding on an application the responsible authority must consider the design response, the impact on the neighbourhood character, the reduction of on-street car parking spaces and the effect of any significant vegetation on the site and footpath.

The vehicle crossover for Dwelling No. 1 does not align with the internal driveway.  Alignment will require a reduction into the required 1.0m offset to the mature street tree in Neilsen Crescent.  In addition, the proposed vehicle crossover for Dwelling Nos. 2 and 3 do not align with the internal driveway.  The crossover must be widened to a minimum of 5.2m at the boundary and this will require the removal of the existing street tree.  While conditions can be included on any permit to address these concerns, the removal of street trees and the provision of new crossovers will impact on the neighbourhood character and reduce on-street car parking within Madison Court.

B15

Parking location

 

B17

Side and rear setbacks

 

B18

Walls on boundaries

 

B19

Daylight to existing windows

 

B20

North-facing windows

 

B21

Overshadowing open space

 

B22

Overlooking

x

While windows of the proposed dwellings appear to have been designed to comply with this standard, the plans lack the necessary detail to clearly demonstrate that this standard is achieved.

Should a permit be issued, conditions are needed for the plans to be amended to show compliance with this standard given the considerable 4.0m slope of the land.

B23

Internal views

 

B24

Noise impacts

 

B25

Accessibility

 

B26

Dwelling entry

 

B27

Daylight to new windows

 

B28

Private open space

x

x

A dwelling or residential building should have private open space consisting of an area of 40m2 with one part of the private open space to consist of secluded private open space at the side or rear of the dwelling with a minimum area of 25m2, a minimum dimension of 3.0m and convenient access from a living room.

The secluded private open space provided for Dwelling No. 1 is within the front setback area.  The 1.8m fence provided to ensure this area is secluded must be reduced to a height of 900m to ensure that a 40m sight line distance from Neilsen Crescent is provided to the new crossover in Madison Court.  The reconfiguration of the secluded private open space area would not allow for the required secluded open space area to be provided.

B29

Solar access to open space

x

x

The standard requires that private open space should be located on the north side of the dwelling if appropriate.  In addition, the southern boundary of the secluded private open space area should be setback 4.7m from any wall on the north of the space.

The private open space area provided to Dwelling No. 2 is located on the southern side of the dwelling and setback 4.3m from the northern wall of the dwelling rather than the 4.7m required.

B30

Storage

x

x

The standard requires that each dwelling should have convenient access to at least 6 cubic metres of externally accessible, secure storage space.  The storage areas indicated on the plans would need to be 3.3m in height to ensure that 6m3 is provided.  While suitably sized storage areas could be provided within the private open space areas of Dwelling Nos. 2 and 3 by a condition on any permit issued, the accommodation of adequate storage areas the private open space area of Dwelling No. 1 would be difficult to achieve as this area is compromised due to the corner location proposed.

B31

Design detail

x

x

The objective of this clause is to encourage design detail that respects the existing or preferred neighbourhood character.  Consideration should be given to the visual bulk of the building and whether this is acceptable in the neighbourhood setting.

The current proposal provides a continual built form at ground level and limited upper level recession and separation of built form to Madison Court.  The prominence of this visual bulk in this streetscape is considered excessive.

B32

Front fences

x

x

The design of front fences should complement the design of the dwelling and not exceed 1.5m in height.  The fencing proposed to the secluded private open space area for Dwelling No. 1 is within the front setback area and at 1.8m in height exceeds the 1.5m requirement.

B33

Common property

 

B34

Site services

 

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

3

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.

Clause 52.06-9 requires that consideration is given to whether the layout of car spaces and accessways are consistent with Australian Standards.  AS/NZ Standard 2890.1:2004 - 3.2.4 Sight distance at access driveway exits, requires that a 40m sight line distance is provided from Neilsen Crescent to the new crossover provided in Madison Court.  As such, the 1.8m fence provided to the secluded private open space area is to be removed to facilitate these sight lines.

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.       Does not complement existing character of area (bulk and height)

The proposed development presents a built form outcome that is not consistent with the existing and preferred character of the surrounding streetscape due to the attached and continuous double storey built form.  This built form will result in visual bulk that is out of character with the surrounding area which largely consists of single dwellings with generous front and rear setbacks that provide a sense of ‘openness’.

 

Additionally, although a detailed landscape plan has not yet been submitted, it is considered that due to its built form, the development provides a lack of landscape opportunities and is therefore inconsistent with Council’s HDS and the key design principles for the Suburban Change Area which requires generous landscaping to be provided throughout the development.  Accordingly, this objection can be substantiated.

 

2.       Parking and Traffic Issues (including sightlines and further loss of on-street parking).

While the development provides a sufficient number of on-site car parking spaces, the layout of car parking spaces and access ways are considered to be unsatisfactory in terms of design and efficiency.  The proposed crossovers do not align with the internal driveways and a redesign will require the removal of existing mature street trees which will impact on the neighbourhood character of the area.  The proposed double crossing for Dwelling Nos. 2 and 3 will reduce the on street car parking within Madison Court.

Additionally, the development is inconsistent with the Australian Standard 2890.1:2004 - 3.2.4 Sight distance at access driveway exits, which requires that a 40m sight line distance is provided from Neilsen Crescent to the new crossover provided in Madison Court.  The proposed 1.8m high fence to the secluded private open space area for Dwelling No. 1 will hinder these sightlines.  Accordingly, this objection can be substantiated.

3.       Overlooking and overshadowing (over solar panels)

While windows of the proposed dwellings appear to have been designed to comply with this standard, the plans lack the necessary detail to clearly demonstrate that this standard is achieved.  Accordingly, this ground of objection can be substantiated.

 

The shadow diagrams submitted by the applicant demonstrate that the proposed dwellings will not cause significant overshadowing onto the existing dwellings, nor the secluded private open space areas of the abutting properties.  Accordingly, this ground of objection cannot be substantiated.

4.       Overdevelopment of the site

The development is inconsistent with the requirements of Clause 55 and Council’s Housing Diversity Strategy for the Suburban Residential Change Area.  The development provides a continuous built form with a lack of building separation resulting in visual bulk, inappropriate location of private open space for Dwelling No. 1 and a lack of landscaping opportunities throughout the development.  Accordingly, this ground of objection can be substantiated.

5.       Possible blasting of rock during construction

It is reasonable to expect some level of noise and vibration associated with the proposed construction on site.  There is no evidence that there will be a requirement for blasting of rock to facilitate the development.  Accordingly, this ground of objection cannot be substantiated.

6.       Setback from Neilsen Crescent

Pursuant to Clause 55.03-1, for a corner allotment, if there is a building on the abutting allotment facing the front street, the proposed dwelling must be setback the same distance as the setback of the front wall of the existing building on the abutting allotment facing the front street or 9m which is lesser.

 

The abutting property along Madison Court (the front street), has a setback of 4.3m to the street.    Accordingly, this ground of objection cannot be substantiated.

7.       Insufficient public notification period

The objector has stated insufficient time was given for residents to submit objections.  Notice of the application was given pursuant to Section 52 of the Planning and Environment Act 1987.  The application was advertised by mail to the owners and occupiers of adjoining properties and a sign was displayed on the land for a period of 14 days.  This time frame is consistent with the requirements of Planning and Environment Regulations 2015.  Accordingly, this objection cannot be substantiated.

8.       Impact on views afforded from other properties

Pursuant to Clause 55.03-2 of the Scheme, the maximum building height of a dwelling should not exceed 9.0m, unless the slope of the natural ground level at any cross section wider than 8.0m of the site of the building is 2.5 degrees or more, in which case the maximum building height should not exceed 10.0m.  The overall height of the proposed dwellings does not exceed 9.0m.  Therefore the development complies with these requirements. Additionally, there are no maximum building heights specified in the schedule to the General Residential Zone.  There is no evidence that the development will result in the loss of views afforded to the surrounding properties.  The topography of the area is such that the land slopes in a northeast-southwest direction where views to Holt Park and the surrounding nature reserve located to the south will be largely uninterrupted.  Accordingly, this ground of objection cannot be substantiated.

9.       Devaluation of property

It has been consistently upheld by the Victorian Civil and Administrative Tribunal (VCAT) that property devaluation is not a relevant planning consideration. 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 Clauses 55 and 52.06.  The proposal does not accord with the density or design requirements of Council’s Housing Diversity Strategy for a development within a Suburban Residential Change Area.  It is considered that the proposal will result in unreasonable impacts on the character of the neighbourhood and the amenity of surrounding residential properties. Accordingly, refusal of the application is recommended.

Recommendation

THAT Council resolve to Refuse Planning Application No. 715189 and issue a Refusal to Grant a Planning Permit for the construction of three dwellings at 35 Nielsen Crescent, Bundoora, on the following grounds:

1.      The proposal does not represent an appropriate built form outcome having regard to the neighbourhood character, streetscape and the context of surrounding properties.

2.      The proposal does not comply with Clause 52.06-9 and AS/NZ Standard 2890.1:2004 - 3.2.4 Sight distance at access driveway exits.

3.      The proposal is inconsistent with Clause 21.09 of the Whittlesea Planning Scheme and the key design principles for the Suburban Residential Change Area of Council’s Housing Diversity Strategy.

4.      The proposal does not comply with Clause 55.  Specifically, the application does not achieve the following objectives:

a.       Neighbourhood Character Objective (Standard B1).

b.      Residential Policy Objective (Standard B2).

c.       Integration with the street (Standard B5).

d.      Energy efficiency (Standard B10).

e.       Landscaping Objective (Standard B13).

f.       Access Objective (Standard B14).

g.      Private open space Objective (Standard B28).

h.      Solar access Objective (Standard B29).

i.        Storage Objective (Standard B30).

j.        Design detail Objective (Standard B31).

k.       Front fences Objective (Standard B32).

Council Resolution

Moved:                       Cr Kelly

Seconded:               Cr Stow

 

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

Carried

 

 


6.1.3    36 Vasey Avenue, Lalor - Construction of two double storey dwellings

File No:                                  715437

Attachments:                        1        Locality Maps  

2        Development Plans    

Responsible Officer:           Director Planning & Major Projects

Author:                                  Planning Officer Established Areas Planning   

 

APPLICANT:                                  Extru3D Design

COUNCIL POLICY:              Housing Diversity Strategy

ZONING:                               Neighbourhood Residential Zone

OVERLAY:                            Development Contributions Plan Overlay (Schedule 3)

REFERRAL:                          Nil

OBJECTIONS:                      44

RECOMMENDATION:         That Council approve the application

Report

EXECUTIVE Summary

The applicant proposes to demolish the existing dwelling and construct two new double storey dwellings.

The application originally proposed the development of three dwellings on the site.  Advertising of the proposal resulted in 39 objections being received. 

The site was subsequently rezoned Neighbourhood Residential Zone on 22 October 2015 (contrary to the recommendations outlined in Council’s Housing Diversity Strategy).  The new zoning limits the number of dwellings on the lot to two.

While transitional provisions allow for applications submitted prior to the rezoning to be considered, the applicant chose to amend the application to provide for two double storey dwellings, addressing the new zoning restrictions and several of the issues raised by objectors.

Readvertising of the amended application for the development of two dwellings resulted in an additional five objections amounting to a total of 44 objections. It is noted that these objectors were already party to the application and had previously objected to the original application for three dwellings.  None of the previous objections were formally withdrawn and as such, are to be considered in the assessment of this application. The grounds of objection relate to perceived detrimental economic, cultural and social impacts on the Peter Lalor Housing Estate, building on boundaries, overshadowing, neighbourhood character, overdevelopment, noise disturbance, loss of privacy, traffic and parking congestion and the status of Amendment C181 (Housing Diversity Strategy).

The amended proposal demonstrates a satisfactory level of compliance with the provisions of Clause 55 of the Whittlesea Planning Scheme subject to minor modifications as outlined and meets all standards relating to neighbourhood character, site coverage, permeability, walls on boundaries, provision of private open space, overlooking, overshadowing, and design detail. 

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

SITE AND SURROUNDING AREA

The subject site is a residential property located on the northeast side of Vasey Avenue, Lalor, approximately 50m southeast of the intersection of Vasey Avenue and Newton Crescent (see Attachment 1). The site is rectangular in shape with a street frontage of 15.8m along Vasey Avenue and a depth of 45.7m, giving a total site area of 725m2. The site currently contains a single storey brick dwelling with outbuildings located to the rear of the dwelling. Vehicular access is gained via an existing concrete crossover located at the southwest corner of the land.

 

The surrounding area is generally characterised by detached average size houses in cream brick with some modest timber housing.  Examples of medium density developments within the vicinity of the site are located at Nos. 3, 4, 6, , 9, 12, 20 Sydney Crescent, Nos. 12 and 14 Newton Crescent and Nos. 48, 57 and 59 Vasey Avenue. 

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

 

·  Stockade Park (200m northwest)

·  Rochdale Square local shopping strip (220m north)

·  Bus Route 559 –Thomastown via Darebin Drive (bus stop 250m northwest)

·  Lalor Recreation Reserve (260m northeast)

·  Lalor Railway Station (300m southeast)

restrictions and easements

The site is legally described as Lot 104 on Plan of Subdivision 020069. 

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

Proposal

It is proposed to demolish the existing dwelling and construct two new double storey dwellings (see Attachment 2).  

Dwelling No. 1 will contain an open plan kitchen/dining/living area, one bedroom with walk-in-robe and ensuite, a laundry and powder room at the ground level and two bedrooms with walk-in-robes and ensuites at the upper level.

Dwelling No. 2 will contain an open plan kitchen/dining/living area, one bedroom with walk-in-robe and ensuite, a laundry and powder room at the ground level and two bedrooms with walk-in-robes and ensuites/bathroom at the upper level.

Access to Dwelling No. 1 will be provided via a new crossover along the western property boundary and Dwelling No. 2 will utilise the existing crossover 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

7.5m front (south), 4.0m side (east), 0m side (west), and 23.0m rear (north).

78m2

(including 48m2 secluded private open space)

Single garage (3.5m x 6.5m) + tandem car space

7.4m (overall)

Dwelling No. 2

Double Storey

3

28.8m front (south), 0m side (east), 0m side (west) and 1.2m rear (north).

75m2

(including 43m2 secluded private open space)

Double garage (5.5m x 6.1m)

7.9m (overall)

Public Notification

Advertising of the original application for three dwellings resulted in 39 objections being received.  Advertising of the amended application for two dwellings resulted in an additional five objections being received.  As none of the objections have been formally withdrawn, all objections are to be considered in the assessment of the amended application. The grounds of objection relate to the following:

1.   Detrimental economic, cultural and social impacts on the Peter Lalor Housing Estate

2.   Concern with walls on boundaries

3.   Overshadowing

4.   Neighbourhood character and overdevelopment

5.   Noise disturbance

6.   Loss of privacy

7.   Traffic and parking congestion

8.   Status of Amendment C181 (Housing Diversity Strategy).

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 subject site is within the area known as the “Peter Lalor Estate”.  The HDS shows this area as being within the Neighbourhood Interface Change Area (providing for medium density development).  Amendment C181 sought to include the area into the General Residential Zone (GRZ) – to implement the HDS encouragement for medium density development.

However, the Amendment was altered at Ministerial level prior to its approval, and consequently the subject area was included in the Neighbourhood Residential Zone (NRZ).  The NRZ is the residential zone of low density allowing up to only two dwellings on a lot.

The HDS is now a reference document in the WPS.

However, due to the implementation of the NRZ1 instead of the GRZ, it is no longer appropriate for the application to be assessed under the Neighbourhood Interface Change Area of the HDS.

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

Development within the area is generally a mixture of older, typically detached, double fronted single storey houses in brick or weatherboard cladding and new, contemporary medium density developments. 

Neighbouring properties have varying street frontage setbacks averaging approximately 9m.

A medium density two dwelling development is considered to be generally in keeping with the changing neighbourhood character.

The dwellings present a contemporary design in a neighbourhood which currently contains many examples of generally low-scale multi-dwelling developments. 

 

B2

Residential Policy

ü

N/A

While the HDS includes this area in the Neighbourhood Interface Change Area, the corresponding General Residential Zone proposed by Amendment C181 was altered at Ministerial Level to the Neighbourhood Residential Zone for this part of the Peter Lalor Estate.

Due to the change in Zone, it is not considered appropriate to assess the application under the Neighbourhood Interface Change Area criteria.

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

P

x

A 9.0m front setback is required to Dwelling No. 1.  A setback of 7.5m is proposed.  It is considered that there is no justification for a reduction to the front setback area and a condition will be included on any permit issued to allow for a 9.0m front setback to be provided with no reduction in any other setback as a result, to the satisfaction of the Responsible Authority.

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

x

A landscape plan has not been provided with the application. It is considered that this can be dealt with by a condition on any permit that is issued.

B14

Access

ü

ü

 

B15

Parking location

ü

x

The east-facing kitchen window of Dwelling No. 1 is not setback the required 1.0m from the accessway to Dwelling No. 2.  It is considered that this can be dealt with by a condition on any permit that is issued.

 

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

 

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.

The turning circle provided for cars exiting from the garage of Dwelling No. 2 should be increased in length to allow sufficient room for vehicles to exit the site in a forward direction.  A condition of any approval granted will require a 1.0m extension to the turning bay hardstand area and subsequent reconfiguration of the secluded private open space areas for each dwelling to the satisfaction of the Responsible Authority.

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.   Detrimental economic, cultural and social impacts on the Peter Lalor Housing Estate

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

In relation to cultural/social impacts as a result of a two dwelling development, the site is not affected by a Heritage Overlay or a Neighbourhood Character Overlay and the density complies with the requirements of the newly introduced Neighbourhood Residential Zone.  There are no covenants on the site that restrict the number of dwellings permitted.

Accordingly, this objection cannot be substantiated.

2.   Concern with walls on boundaries

 

One objector expressed concern that the original proposal would have resulted in an extensive length of wall on the common northern (rear) boundary. The application has since been amended and there is no longer a wall on this boundary.  All walls on boundaries shown on the amended plans are well within the requirements of Clause 55.

 

Accordingly, this ground of objection cannot be substantiated.

 

3.   Overshadowing

Several objectors have expressed concern that the proposal will result in overshadowing of adjoining properties.

The shadow diagrams provided in respect to the proposal indicate that the shadows cast are well within the requirements of Clause 55. 

Accordingly, this ground of objection cannot be substantiated.

4.   Neighbourhood character and overdevelopment

The amended proposal for two dwellings on the site complies with the density requirements of the recently introduced Neighbourhood Residential Zone.  The proposal provides for a satisfactory level of compliance to the objectives and standards of Clause 55 subject to minor modifications as outlined that can be addressed by conditions on any permit that is issued.

Accordingly, this ground of objection cannot be substantiated.

5.   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 the residential use of the land within 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.

6.   Loss of privacy

Each dwelling is provided with adequate screening or obscuring of glazing to prevent overlooking, meeting the requirements of Clause 55.04-6. 

Accordingly, this ground of objection cannot be substantiated.

7.   Traffic and parking congestion

Each dwelling is provided with adequate onsite car parking which meets the requirements of Clause 52.06 subject to minor modifications to the length of the reversing area which can form conditions of any permit granted.

Accordingly, this ground of objection cannot be substantiated.

8.   Status of Amendment C181 (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 HDS shows this site as being within the Neighbourhood Interface Change Area (providing for medium density development).  Amendment C181 sought to include the area into the General Residential Zone (GRZ) – to implement the HDS encouragement for medium density development.

However, the Amendment was altered at Ministerial level prior to its approval, and consequently the subject area was included in the Neighbourhood Residential Zone (NRZ).  The NRZ is the residential zone of low density allowing up to only two dwellings on a lot.

The proposed two dwelling development accords with the density requirements of the NRZ.

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. 715437 and issue a Notice of Decision to Grant a Permit for the construction of two dwellings at 36 Vasey Avenue, Lalor 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 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 commencement of buildings and works, three copies of a revised plan must be submitted to and approved by the Responsible Authority, showing:

a)   A front setback to Dwelling No. 1 of 9.0m with no reduction in any other setback as a result, to the satisfaction of the Responsible Authority;

b)   The length of the vehicle turning bay for vehicles exiting the garage of Dwelling No. 2 increased by 1.0m and the subsequent reconfiguration of the secluded private open space areas for each dwelling, in accordance with Clause 52.06 of the Whittlesea Planning Scheme and to the satisfaction of the Responsible Authority;

c)   The landscaped area between the kitchen of Dwelling No. 1 and the accessway increased to 1.0m in width.

3.       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.

4.       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.

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 plan 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 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.

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 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.     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. 

13.     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.

14.     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.

15.     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.

16.     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.

17.     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.

18.     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.

19.     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.

20.     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 Kelly

Seconded:               Cr Stow

 

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

Carried

 


6.1.4    2 David Street, Lalor - Construction of a Four Storey Residential Building Comprising 28 Dwellings with Basement Car Parking

File No:                                  715226

Attachments:                        1        Locality Maps  

2        Development Plans  

3        Revised Second Floor Plan  

4        Rear Setback Plan  

5        Revised Basement Floor Plan    

Responsible Officer:           Director Planning & Major Projects

Author:                                  Principal Planner   

 

APPLICANT:                                  Acorn Planning

COUNCIL POLICY:              Housing Diversity Strategy

ZONING:                               Residential Growth Zone

OVERLAY:                            Development Contributions Plan Overlay

REFERRAL:                          Public Transport Victoria (Section 52 referral)

OBJECTIONS:                      35 (including Two Petitions, total of 106 signatories)

RECOMMENDATION:         That Council approve the application

Report

EXECUTIVE Summary

 

The applicant proposes to construct a four storey residential building incorporating 28 one and two bedroom dwellings on the subject site.  Car parking for the dwellings will be provided within a basement garage.   Vehicular access to the building will be provided via a double crossover to David Street at the western corner of the site.

 

Advertising of the proposal resulted in 35 objections being received, including two petitions with 106 individual signatories. Grounds of objection include: increased traffic, car parking availability and impact on bus stop; visual impact and impacts on neighbourhood character; decreased property values; impacts on health and lifestyle, including increased stress; overlooking/loss of privacy; overshadowing; noise; dust, damage and vibration during construction; access restricted to easement at rear of property; and inconsistency with the purpose of the Residential Growth Zone.  Subsequent discussions with the applicant resulted in the submission of an alternative basement floor plan which accommodates all required car parking including visitor spaces.

 

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

 

The subject site was rezoned under Planning Scheme Amendment C181 from General Residential to Residential Growth Zone on 22 October 2015.   Although the proposed four storey residential building development is different to existing residential neighbourhood character which includes predominantly single storey dwellings, it is considered to be consistent with the purposes of the Residential Growth Zone, which aim to provide housing at increased densities in buildings up to and including four storey buildings and encourage a diversity of housing types in locations offering good access to services and transport including activities areas.

 

The proposal demonstrates a satisfactory level of compliance with the provisions of Clause 55 of the Whittlesea Planning Scheme and the Housing Diversity Strategy, subject to minor modifications and appropriate conditions. 

 

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

SITE AND SURROUNDING AREA

 

The site is located on the northern side of David Street and is rectangular in shape.  The site extends over two lots, has a frontage of 32.0m, maximum depth of 39.4m, giving a total site area of 1,262m2.  The site currently contains a single storey brick building with a pitched tiled roof accommodating a medical centre.  Outbuildings are located to the rear of the site with a driveway traversing the western boundary.

 

The site includes trees and shrubs that are consistent with suburban planting.  The site is generally flat with a slope of around 730mm from the north east corner down to the southwest corner. Immediately to the north and east of the site are residential properties, to the west is a vehicle repair/mechanic and to the south are a variety of commercial buildings.  The site is located approximately 30m east of the intersection with Station Street.  A bus stop and an indented bus parking area are located at the frontage of the site. 

 

Examples of medium density residential development include: Nos. 7, 9, 11, 17, 24, 28, 29, 32, 35, 36, 46, 51, 53, 55, 61, 63, 65, 66, 70, 75, 76, 80, 82, 84 and 86 David Street; Nos. 50, 58 and 60 French Street; Nos. 11, 26, 27, 42, 43, 63, 73, 79, 85, 87, 113 and 115 Derrick Street; and Nos. 4, 16, 18, 21, 24, 28, 30, 47, 54, 79, 83, 85, 87, 89, 103 and 113 William Street.

 

The site is located on the periphery of the Lalor Activity Centre, with commercial buildings generally single and double storey in scale fronting both David and Station Streets.  The site is located in proximity to:

 

§  A range of facilities including medical, community, shopping and education needs. 

§  St Luke’s Church and Primary School, located approximately 120m east of the subject site. 

§  Public open spaces, including Edgars Creek to the west, Thomastown Recreational Reserve, and Lalor Reserve to the north.

§  Public transport options, including Bus Routes 554, 555, 557 and 559 within close proximity and Route 566 including a stop directly out the front of the subject site. 

§  Lalor Train Station located approximately 600m to the north of the subject site.

restrictions and easements

The Certificate of Title for the property shows that the site is not affected by any encumbrances or restrictions.  A 1.83m drainage and sewerage easement is located along the rear boundary of the site.  A small portion of the residential building (balconies to Dwelling Nos. 17 and 18 only) at second floor level is proposed to overhang the easement.  The applicant has submitted a revised plan (see Attachment 3) showing the area of these dwellings reduced by approximately 2.0m2 to ensure the balconies are located outside of the 1.83m easement.  A condition can be included on any permit that is issued requiring the plans to be revised to show this modification prior to endorsement.

Proposal

The applicant proposes to construct a four storey residential building containing 28 dwellings.  Car parking will be provided at basement level with provision for 30 car spaces (including two visitor spaces), with 24 of the 30 spaces provided car stackers.  Additional information regarding the car stackers is included in the car parking discussion further in this report.  It is noted that visitor car spaces will not be provided via stacker.  The dwellings include a mixture of one and two bedrooms and all will be provided with balcony areas.  The proposal is summarised as follows:

Basement

 

§  30 car spaces - 24 spaces are independently accessible car stackers;

§  Access to the basement is via a double crossover located on the western side of the building;

§  6 bicycle parking spaces provided;

§  28 external storage areas;

§  4 water tanks of 4500 litre capacity.

 

Ground Level

 

§  Gross floor area 758m2;

§  Entry foyer;

§  7 dwellings (1 x 1 bedroom and 6 x 2 bedroom) and associated courtyards/balconies;

 

First floor

 

§  Gross floor area – 797m2;

§  8 dwellings (8 x 2 bedroom) and associated balconies;

 

Second Floor

 

§  Gross floor area 765m2;

§  8 dwellings (3 x 1 bedroom and 5 x 2 bedroom) and associated balconies;

 

Third Floor

 

§  Gross floor area 491m2;

§  5 dwellings (2 x 1 bedroom and 3 x 2 bedroom) and associated balconies;

 

General

 

§  Balconies are provided to each dwelling with a minimum area of 8m2;

§  A total of 12 bicycle spaces are provided, with 6 spaces allocated to residents, and 6 to visitors;

§  Maximum building height of 14.2m above natural ground level;

§  Materials and finishes include the following: Ash Grey concrete block wall cladding, Portland Grey concrete, Colorbond Monument and Surfmist folded metal panels, clear and obscured glazing and bronze powder coating.

 

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

 

Dwelling No.

Height/Scale

No. of Bedrooms

Setbacks

Private Open Space

Car Parking

Dwelling No. 1

Single storey (ground floor)

2

2.4m western (side) boundary;

4.2m northern (rear) boundary.

14m2

(balcony)

One car space (car stacker)

Dwelling No. 2

Single storey

(ground floor)

2

4.2m northern (rear) boundary.

13m2

(balcony)

One car space (car stacker)

Dwelling No. 3

Single storey

(ground floor)

2

4.2m northern (rear) boundary.

14m2

(balcony)

One car space (car stacker)

Dwelling No. 4

Single storey

(ground floor)

2

4.2m northern (rear) boundary;

3.4m eastern (side) boundary.

15m2

(balcony)

One car space (car stacker)

Dwelling No. 5

Single storey

(ground floor)

2

1.0m western (side) boundary;

5.6m southern (front) boundary.

25m2 (including a

9m2 balcony and front setback)

One car space (car stacker)

Dwelling No. 6

Single storey

(ground floor)

1

5.6m southern (front) boundary.

29m2 (including a 9m2 balcony and front setback)

One car space (car stacker)

Dwelling No. 7

Single storey

(ground floor)

2

1.7m eastern (side) boundary;

5.6m southern (front) boundary.

36m2 (including a 13m2 balcony and front setback)

One car space (car stacker)

Dwelling No. 8

Single storey

(first floor)

2

4.2m northern (rear) boundary;

1.0m western (side) boundary.

9m2

(balcony)

One car space (car stacker)

Dwelling No. 9

Single storey

(first floor)

2

3.2m northern (rear) boundary.

9m2

(balcony)

One car space

Dwelling No. 10

Single storey

(first floor)

2

3.2m northern (rear) boundary.

11m2

(balcony)

One car space

Dwelling No. 11

Single storey

(first floor)

2

4.2m northern (rear) boundary;

2.0m eastern (side) boundary.

8m2

(balcony)

One car space (car stacker)

Dwelling No. 12

Single storey

(first floor)

2

1.4m western (side) boundary;

5.2m southern (front) boundary.

12m2

(balcony)

One car space (car stacker)

Dwelling No. 13

Single storey

(first floor)

2

5.7m southern (front) boundary.

10m2

(balcony)

One car space (car stacker)

Dwelling No. 14

Single storey

(first floor)

2

5.7m southern (front boundary.

10m2

(balcony)

One car space (car stacker)

Dwelling No. 15

Single storey

(first floor)

2

5.2m southern (front) boundary;

2.4m eastern (side) boundary.

9m2

(balcony)

One car space (car stacker)

Dwelling No. 16

Single storey

(second floor)

2

4.2m northern (rear) boundary;

1.5m western (side) boundary.

10m2

(balcony)

One car space (car stacker)

Dwelling No. 17

Single storey

(second floor)

2

3.5m northern (rear) boundary.

10m2

(balcony)

One car space (car stacker)

Dwelling No. 18

Single storey

(second floor)

2

3.4m northern (rear) boundary.

10m2

(balcony)

One car space (car stacker)

Dwelling No. 19

Single storey

(second floor)

1

4.2m northern (rear) boundary;

3.8m eastern (side) boundary.

8m2

(balcony)

One car space

Dwelling No. 20

Single storey(second floor)

2

5.2m southern (front) boundary;

1.9m western (side) boundary.

8m2

(balcony)

One car space

Dwelling No. 21

Single storey

(second floor)

2

5.7m southern (front) boundary.

10m2

(balcony)

One car space (car stacker)

Dwelling No. 22

Single storey

(second floor)

2

5.2m southern (front) boundary;

4.9m eastern (side) boundary.

12m2

(balcony)

One car space (car stacker)

Dwelling No. 23

Single storey

(second floor)

1

4.9m eastern (side) boundary.

13m2

(balcony)

One car space (car stacker)

Dwelling No. 24

Single storey

(third floor)

2

8.5m northern (rear) boundary;

3.4m western (side) boundary.

18m2

(balcony)

One car space (car stacker)

Dwelling No. 25

Single storey

(third floor)

1

9.0m northern (rear) boundary;

8.6m eastern (side) boundary.

10m2

(balcony)

One car space (car stacker)

Dwelling No. 26

Single storey

(third floor)

1

5.7m southern (front) boundary;

2.7m western (side) boundary.

14m2

(balcony)

One car space (car stacker)

Dwelling No. 27

Single storey

(third floor)

2

5.7m southern (front) boundary.

12m2

(balcony)

One car space (car stacker)

Dwelling No. 28

Single storey

(third floor)

2

5.7m southern (front) boundary;

8.6m eastern (side) boundary.

10m2

(balcony)

One car space (car stacker)

Public Notification

Advertising of the application has resulted in 35 objections, including two petitions with a total of 106 individual signatories. It should be noted that both petitions have the same head petitioner, with one lodged on his behalf by a legal representative, and a number of signatories are the same.  It is also noted that two individual objections have been lodged by one person (who also signed one of the petitions).  The grounds of objection can be summarised as follows:

1.       Increased traffic, car parking availability and impact on bus stop;

2.       Visual impact and impacts on neighbourhood character;

3.       Decreased property values;

4.       Impacts on health and lifestyle, including increased stress;

5.       Overlooking/loss of privacy;

6.       Overshadowing;

7.       Noise;

8.       Dust, noise, damage and vibration during construction;

9.       Access restricted to easement at rear of property; and

10.     Inconsistent with the purpose of the Residential Growth Zone.

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

One of the objectives of this standard is to ensure that the design respects the existing neighbourhood character or contributes to a preferred neighbourhood character. 

The subject site has recently been rezoned from General Residential to Residential Growth Zone.  Although the proposed four storey residential building development is different to existing residential neighbourhood character which includes predominantly single storey dwellings, it is considered to be consistent with the purposes of the Residential Growth Zone, which aim to provide housing at increased densities in buildings up to and including four storey buildings and encourage a diversity of housing types in locations offering good access to services and transport including activities areas. 

It is envisaged that this locality will accommodate similar densities of residential development in the future.  The Housing Diversity Strategy (HDS) nominates this site as being within the Neighbourhood Renewal Change Area. The proposal provides for a satisfactory response to the preferred density and design principles of this Change Area and is considered to be acceptable in this context.

B2

Residential Policy

ü

ü

The HDS nominates the subject site as located within the Neighbourhood Renewal Change Area.  This Change Area encourages medium and higher density housing that is appropriate in a neighbourhood context, such as townhouses, multi-units, small scale apartments and shop-top housing and mixed use developments.

Key design principles include building heights that allow for all levels to achieve passive surveillance and that are of a human scale and integrate well with existing housing stock; reduced front setbacks to encourage activation of the street while still allowing for low level landscaping; medium to higher site coverage; usable private open space, balconies and communal shared areas; and landscaping to complement medium to higher density built form.

The proposed development is considered to be consistent with the preferred density and key design principles outlined in the HDS, including:

§  Reduced front setback allows for activation of the street, while still providing for landscape opportunities;

§  Height generally consistent with the requirements of the Residential Growth Zone and allows for passive surveillance at all levels;

§  Usable private open space provided in the form of balconies, each with a minimum area of 8m2.

B3

Dwelling Diversity

ü

ü

The proposal includes a combination of one and two bedroom dwellings in varying configuration.  This will add to the diversity of housing choice within Lalor (which includes predominantly three bedroom dwellings) and is considered to be appropriate in proximity to an activity centre.

B4

Infrastructure

ü

ü

 

B5

Integration with the street

ü

ü

The proposed development responds to the future character of the locality as detailed above.  In this regard, the proposal is considered to integrate well into the streetscape.  As the subject site includes two lots, it is much wider than the typical width of residential lots fronting David Street.

 

The massing of the development into two distinct vertical elements and block forms adds interest, breaks up built form and adds articulation, providing a good transition between the one to two storey built form in David Street, whilst reflecting the height preferences for this area.  Windows and balcony areas address the frontage of the site, providing connectivity between the dwellings and the street and allowing for passive surveillance over the David Street frontage.

B6

Street setback

ü

X

This standard requires a 7.7m setback from David Street, whereas the proposed residential building will be provided with a front setback of between 5.2m and 5.6m. The objective of this Standard seeks to ensure that setbacks of buildings from a street respect the existing or preferred neighbourhood character and make efficient use of the site. The adjoining dwelling at No. 6 David Street has a front setback of 7.7m whereas, the commercial building (mechanic) on the corner of David Street and Station Street has a front setback ranging between 4.2m and 7.7m. 

The proposed front setback provides an appropriate transition between the existing residential uses in David Street and the commercial uses to the west in Station Street and to the south in Station Street and May Road, which generally have a 0m front setback.  The front setback for the upper levels of the residential building recessed in comparison to the first and second levels. This ensures that the upper level is a relatively recessive element in the streetscape. 

B7

Building height

ü

X

The Residential Growth Zone nominates a maximum building height of 13.5m.  This building height requirement replaces the maximum building height specified in Standard B7.  The proposed development will have an overall height of 14.2m.

The mass, height and scale of the proposed building is considered to be appropriate within the site context.  The proposed architectural style will be modern and contemporary, and does not seek to mimic or reproduce older construction methods or materials. The top level will be limited to a smaller footprint and designed to appear as a recessive element when viewed from the surrounding area with views limited from within David Street, whilst levels one and two are proposed to a reduced footprint in comparison to the ground level, especially to the rear, sensitive interface.  The setbacks to all elevations will be the greatest at the top floors (and to the balcony areas).  The building has been designed so that it reads as having a two distinct forms which ensures there is an appropriate transition between the existing one to two storey built form in David Street, through the main glazed trunk of the building, to the recessed upper levels.

The building has been designed to include appropriate articulation along each elevation which breaks up the bulk of the building. This will be achieved through the use of varied setbacks, the inclusion of balconies at each level to the frontage and the use of a variety of building materials, colours and finishes.  This treatment will ensure the building is visually interesting and that the building mass will not be unreasonably dominant in the neighbourhood context when viewed from David Street or adjoining properties.

B8

Site coverage

ü

X

The proposed site coverage will be 65% which is marginally higher than the 60% required by the Standard.  The objective of the Standard is to ensure that the site coverage respects the existing or preferred neighbourhood character and responds to the features of the site. The increased site coverage is considered reasonable in this instance given the current zoning of the land and future intentions for development in this area.

B9

Permeability

ü

X

The objectives of this Standard are to reduce the impact of increased stormwater run-off on the drainage system and to facilitate on-site stormwater infiltration. Due to the provision of basement level car parking, the site will be provided with 13% pervious surfaces which is less than the 20% required by the Standard. The reduced permeability is considered reasonable in this instance given the current zoning of the land and the future intentions for the development of this area.  It is also noted that the site can be adequately serviced for stormwater run-off through the use of an on-site detention system.

B10

Energy efficiency

ü

ü

 

B11

Open space

ü

ü

 

B12

Safety

ü

ü

 

B13

Landscaping

ü

ü

 

B14

Access

ü

ü

 

B15

Parking location

ü

ü

 

B17

Side and rear setbacks

ü

X

The objective of this Standard seeks to ensure that the height and setback of a building from a boundary respects the existing or preferred neighbourhood character and limits the impact on the amenity of existing dwellings. In this regard, the Standard requires a new building not on or within 200mm of a boundary to be set back from side or rear boundaries 1.0m, plus 0.3m for every metre of height over 3.6m up to 6.9m, plus 1.0m for every metre of height over 6.9m.  The majority of the building is compliant with this Standard.

An area of non-compliance is limited to a small section towards the rear of the site on the east and west elevations where it fans out towards the boundary. The area of non-compliance predominantly relates to the screening walls associated with the balconies to reduce potential overlooking into adjoining properties.  The level of non-compliance can be demonstrated as shown in Attachment 4.  It is noted that the design was modified prior to advertising of the application so that it substantially complied with this Standard. 

To the rear elevation (north), the building is proposed to be set back between 4.2m and 8.9m. This setback is specifically designed to be generous to limit the impacts to the sensitive residential interface to the north. This includes minimising impacts of visual bulk, overlooking and shading through the angled forms to the rear.  To the east, the building is set back between 1.7m and 9.9m.  To the west, the building is set back between 1.0m and 4.4m.   To the frontage, the building is set back between 5.2m and 5.7m.   This response maximises the opportunities for provision of open spaces to the front and rear whilst minimising limitations on development opportunities on adjoining lots.  The level of non-compliance is considered to be an acceptable departure.

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

Shadow diagrams provided demonstrate that the extent of shadow cast complies with this Standard.  The proposed development has been designed to minimise the extent of shadow cast into the adjoining properties to the east and west and it is considered that the amount of shadow cast is not unreasonable. Whilst shading to the residential property to the east (No. 6 David Street) is increased in the afternoon, the majority of the shade falls over utility areas such as the garage and driveway and will not impact on the usability of secluded private open space.

B22

Overlooking

ü

ü

All elevations indicate that affected windows will be screened to a height of 1.7m above floor level in compliance with this Standard.

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

X

The objective of this Standard seeks to allow solar access into the secluded private open space of new dwellings and residential buildings.  In this regard, the private open space should be located on the north side of the dwelling or residential building, if appropriate.  The southern boundary of secluded private open space should be set back from any wall on the north of the space at least (2 + 0.9h) metres, where ‘h’ is the height of the wall. 

All dwellings which face north (rear) will have excellent solar access with north facing open space and living areas.  Whilst the open spaces to the south of the site (frontage) do not meet the Standard, it is considered that the open spaces serve more as an opportunity for daylight to the living room windows, and provide access to openness and air circulation.  The spaces as provided are highly usable in that regard. It is also noted that there are various public open spaces areas within proximity to the site.

B30

Storage

ü

ü

 

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:

 

No. of bedrooms

Car spaces required

Car spaces provided

Complies

23 two bedroom dwellings (Dwelling Nos. 1-5, 7-18, 20-22, 24, 27-28)

1 each

23

Yes

5 one bedroom dwellings (Dwelling Nos. 6, 19, 23, 25-26)

1 each

5

Yes

Visitor Car Parking

5

2

No

Total provided

30

Shortfall

3

 

The proposed development provides for 28 resident parking spaces and two visitor spaces within a basement carpark.  Car parking spaces are to be provided via Klaus 2072-195 Pit Car Stackers for 24 of the 30 spaces.  The car stacker arrangement is one used widely within developments around Melbourne and is independently accessible by residents, with bottom vehicles lowered into a pit when top vehicles are required to be accessed.  All stacker spaces will be for residents only, with visitor car parking provided in conventional spaces.

 

The proposed car parking spaces comply with the relevant dimensions required by this Clause.  The proposal generates a requirement for five visitor car spaces; however the advertised plans proposed only two visitor car spaces on the site.  It was intended that the shortfall be accommodated within short term on-street and paid parking in surrounding streets which are available during the day and in the evenings of both weekdays and weekends.  

 

At Council's request, the applicant has demonstrated that the basement plan can be modified  (See Attachment 5) to accommodate the three additional visitor car spaces in compliance with Clause 52.06, while still maintaining requirements for resident storage, waste collection and bicycle parking.  A condition can be included on any permit that is issued requiring the submission of revised plans generally in accordance with this plan providing for five visitor car parking spaces and 28 residential spaces.

 

Based on the existing capacity of the surrounding road network, proximity to public transport options, including both bus and train services, and provision of car parking in compliance with this Clause; traffic impacts associated with additional vehicle trips resulting from this development are considered to be negligible. 

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 development contributions for drainage infrastructure for medium density residential development at a rate of $1.90 per square metre of the total site area.  This rate is subject to the Consumer Price Index at the time of payment.  This requirement must be included as a condition on any planning permit that is issued.

Comments on Grounds of Objection

1.   Increased traffic, car parking availability and impact on bus stop

The proposal provides for 30 onsite car spaces within a basement area.  Each dwelling is provided with car parking in accordance the requirements of Clause 52.06 and two additional onsite parking spaces for visitors will also be provided.  The proposed development generates a requirement for five visitor car spaces.  Subsequent to advertising, the applicant submitted a modified basement plan layout which demonstrates that all required visitor car parking can be accommodated on site (see Attachment 4).  A condition requiring revised plans in this regard can be included on any permit that is issued.

 

It is also noted that parking surveys included in the applicant’s traffic assessment report indicate that although there are parking restrictions in the area (no-stopping during school hours and 2 hour restrictions), there is an availability of on-street parking in the vicinity of the site.

 

It is noted that the site has excellent access to public transport, with Lalor Station in close proximity and a bus stop directly outside the site.  The site is also within walking distance of local shops and amenities.  The volume of traffic generated as a result of the proposed development is not likely to have a significant adverse impact on the surrounding road network.

 

Due to the proximity of the subject site to a bus stop, the application was referred to Public Transport Victoria (PTV) pursuant to Section 52 of the Planning and Environment Act.  PTV has no objection to the proposal subject to the following conditions:

§  The existing bus stop and associated infrastructure on David Street must not be altered without the prior consent of Public Transport Victoria.  Any alterations including temporary works or damage during construction must be rectified to the satisfaction of Public Transport Victoria and at the cost of the permit holder.

§  The permit holder must take all reasonable steps to ensure that disruption to bus operation along David Street is kept to a minimum during the construction of the development.  Foreseen disruptions to bus operations and mitigation measures must be communicated to Public Transport Victoria fourteen days (14) prior.

 

It is considered reasonable to include these conditions on any permit that issues to ensure the construction of the development does not impact on bus activities in the vicinity of the site.  Accordingly, this ground of objection cannot be substantiated.

2.   Visual impact and impacts on neighbourhood character

The construction of a four storey residential building on a site which currently contains a single storey building, in an area generally characterised by single and double storey development will have a visual impact on the locality.  The recent rezoning of the subject site and surrounding area in David Street to Residential Growth Zone envisages an increased residential density with development up to four storeys to be provided for in this locality. 

 

It is considered that the proposed development presents a design which is responsive to the objectives of the Neighbourhood Renewal Change Area while still responding to the context of the site and surrounds and the existing and preferred neighbourhood character.  Accordingly this ground cannot be substantiated.

3.   Decreased property values

It has been consistently upheld by the Victorian Civil and Administrative Tribunal (VCAT) that property devaluation is not a relevant planning consideration. Accordingly, this objection cannot be substantiated.

4.   Impacts on health and lifestyle, including increased stress

The objectors have not provided evidence of any health or lifestyle impacts resulting from the proposed development.  Accordingly this ground of objection cannot be substantiated.

5.   Overlooking/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 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.

6.   Overshadowing

The shadow diagrams submitted with the application show that the level of overshadowing experienced by neighbouring properties will be minimal and in accordance with Clause 55.  Accordingly, this ground of objection cannot be substantiated.

7.   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.

8.   Dust, noise, damage and vibration during construction

The responsibilities of developers, builders, sub-contractors and tradespeople working on building sites are enforced under Council’s Building Site Code of Practice and will be addressed as part of any building permit subsequently issued for the proposal.  This includes regulations for minimising dust, noise and vibration and addressing any damage to infrastructure or property.  However, a Site Management Plan can be requested as a condition of any permit that is issued.  Accordingly, this ground of objection cannot be substantiated.  

9.   Access restricted to easement at rear of property   

The site will be provided with a minimum 1.0m setback from the western boundary and 1.7m from the eastern boundary at ground level.  As such access can be provided through the property to the rear easement if necessary.  Accordingly, this ground of objection cannot be substantiated.

10. Inconsistent with the purpose of the Residential Growth Zone

The purposes of the Residential Growth Zone are as follows:

 

·    To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.

·    To provide housing at increased densities in buildings up to and including four storey buildings.

·    To encourage a diversity of housing types in locations offering good access to services and transport including activities areas.

·    To encourage a scale of development that provides a transition between areas of more intensive use and development and areas of restricted housing growth.

·    To allow educational, recreational, religious, community and a limited range of other non-residential uses to serve local community needs in appropriate locations.

 

The proposed development provides for an increased residential density, within a four storey building and provides diversity with one and two bedroom dwellings in varying configurations.  The subject site is located within close proximity to services and amenity and is close to public transport options including bus and train services.  The proposed development is considered to provide an appropriate transition between the Neighbourhood Residential Zone to the north, which allows for single dwellings and dual occupancies at a height of one to two stories and the Commercial 1 Zone to the south which can accommodate a much higher density including both residential and commercial development.  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. 715226 and issue a Notice of Decision to Grant a Permit for the construction of a four storey residential building comprising 28 dwellings, with basement car parking at 2 David Street, Lalor, 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 $10,000 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)     Modification of the second floor to ensure no building overhangs the 1.83m easement at the rear of the property.  The plan must be generally in accordance with Second Floor Plan Drawing No. TP-203 Revision D dated 25 January 2016.

(b)     Modification of the basement to provide for five visitor car parking spaces and 28 resident car parking spaces.  The plan must be generally in accordance with Basement Floor Plan Drawing No. TP-200 Revision D dated 1 February 2016.

(c)     Signage and linemarking plan including signage and linemarking for the visitor parking spaces.

(d)     Any modifications required by the Sustainability Management Plan required under Condition No. 6.

4.       Prior to the commencement of buildings and works a Waste Management Plan prepared by a suitably qualified or experienced person in accordance with Council’s Waste Management and Resource Recovery Strategy must be submitted to and approved by the Responsible Authority.  The waste management plan must include:

(a)     That all waste collection services will be undertaken by a private contractor and collection is to occur within the site, with no external or kerbside collection;

(b)     How the collection of refuse and recycling material will be managed.  This must include vehicle swept paths showing how waste vehicles can turn within the space provided on site.  Adequate height clearance must be provided to accommodate the required waste collection vehicle;

(c)     The frequency for the removal of such refuse and recycling material;

(d)     Where such refuse and recycling will be stored within the site;

(e)     Collection to occur only outside of peak traffic hours, or as otherwise agreed;

(f)      Gates for refuse areas must not open into the accessway to avoid impacting upon traffic flow within the carpark.

 

5.       Prior to the commencement of buildings and works, a Visitor Car Parking Management Plan must be submitted to and approved by the Responsible Authority.  The plan must detail the manner in which visitors to the site are directed to and gain access to the designated visitor car parking bays and the building.

6.       Prior to the commencement of buildings and works, a Sustainability Management Plan (SMP) must be prepared and completed by a suitably qualified person and submitted to the Responsible Authority for endorsement. In addition to identifying sustainability initiatives in accordance with the requirements below, the SMP must outline the practical means by which these initiatives will be met throughout the design and construction phases of the project. These recommendations must also be reflected on the plans to ensure that they are achieved through the design.

Best Practice sustainability initiatives must be included in the design and described in the SMP under each of the following categories:

(a)     Indoor environment quality.

(b)     Energy efficiency.

(c)     Water efficiency.

(d)     Storm water management

(e)     Building materials.

(f)      Transport.

(g)     Waste management.

(h)     Urban ecology.

(i)      Innovation.

(j)      Construction and building management.

7.       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.

8.       Before any works start, including works required by other authorities, three copies of a site management plan must be submitted to and approved by the Responsible Authority.  When approved, the Site Management Plan will be endorsed and will then form part of the permit.  The Site Management Plan must:

(a)     Include separate parts describing relevant matters of occupational health and safety, traffic management, environmental controls, cultural protection methods, delivery times and methods.

(b)     Include proposed location of car parking for construction workers’ private vehicles if they are not to be parked on site.

(c)     Be submitted to the Responsible Authority a minimum of seven days before a required pre-commencement meeting (attended by authorised representatives of the construction contractor and project superintendent as appointed by the developer) on the site of the works.

(d)     Include the proposed route for construction vehicle access to the site including a program for the upgrade and maintenance works required along this route while any works are in progress.

(e)     Include means by which foreign material will be restricted from being deposited on public roads by vehicles associated with building and works on the land to the satisfaction of the Responsible Authority.

The developer must keep the Responsible Authority informed in writing of any changes to the Site Management Plan.  If in the opinion of the Responsible Authority the changes represent a significant departure from the approved Site Management Plan then an amended Site Management Plan must be submitted to and approved by the Responsible Authority.  The approved measures must be carried out and completed to the satisfaction of the Responsible Authority.

9.       Before starting any buildings or works, a detailed services report and 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, 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.     The existing bus stop and associated infrastructure on David Street must not be altered without the prior consent of Public Transport Victoria.  Any alterations including temporary works or damage during construction must be rectified to the satisfaction of Public Transport Victoria and at the cost of the permit holder.

11.     The permit holder must take all reasonable steps to ensure that disruption to bus operation along David Street is kept to a minimum during the construction of the development.  Foreseen disruptions to bus operations and mitigation measures must be communicated to Public Transport Victoria fourteen days (14) prior.

12.     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.

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

14.     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.

15.     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.

16.     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.

17.     Vehicular access to the site must be by way of a vehicle crossing constructed in accordance with Council’s Vehicle Crossing Specifications (Heavy Duty (Industrial) – Standard Drawing 422) 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.

18.     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.

19.     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. 

20.     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.

21.     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.

22.     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.

23.     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.

24.     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.

25.     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.

26.     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.     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.

28.     Collection of waste must be in accordance with the endorsed Waste Management Plan as approved by the Responsible Authority.  Waste collection must be undertaken internally by a private collection service and managed by the owner’s corporation and must not cause unreasonable disturbance to nearby residential properties to the satisfaction of the Responsible Authority.

29.     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.    

30.     Outdoor lighting must be designed, baffled and located to the satisfaction of the Responsible Authority to prevent any adverse effect to adjoining land.

31.     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 Pavlidis

Seconded:               Cr Spinelli

 

THAT Council resolve to refuse Planning Application No. 715226 and issue a Refusal to Grant a Planning Permit for the construction of a four storey residential building comprising 28 dwellings with basement car parking at 2 David 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 55.02-2 (Residential Policy)

c)         Clause 55.03-1 (Street Setback)

d)         Clause 55.03-2 (Building Height)

e)         Clause 55.03-3 (Site Coverage)

f)          Clause 55.03-4 (Permeability)

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

h)         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 Neighbourhood Renewal Change Area of the Housing Diversity Strategy.

3.    The proposal fails to provide an appropriate transition to the properties zoned Neighbourhood Residential located to the north of the subject site.

4.    The proposal will detrimentally impact on surrounding residential properties due to excessive bulk and scale of the built form.

5.    The proposal does not comply with Clause 52.06 (Car Parking) as it fails to provide adequate car parking and will result in increased congestion on David Street and the surrounding road network.

Carried

 

 


6.1.5    6 Talbot Avenue, Thomastown - Construction of Two Dwellings

File No:                                  715440

Attachments:                        1        Locality Maps  

2        Development Plans    

Responsible Officer:           Director Planning & Major Projects

Author:                                  Planning Officer EAP   

 

APPLICANT:                                  K Ivanova

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 demolish the existing dwelling and construct two double storey dwellings. The existing crossover located along Philip Court will provide access to Dwelling No. 1, and a new crossover along Talbot Avenue will provide access to Dwelling No. 2. 

 

Advertising of the proposal resulted in one objection being received. The grounds of objection relate to the location of the crossover.

 

The proposal demonstrates a high 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 Suburban Residential Change 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 northern side of Talbot Avenue, Thomastown, approximately 100m east of Dalton Road (see Attachment 1).

 

The subject site is a corner lot. The site is irregular in shape and has a tapered frontage of 18.3m to Talbot Avenue and a depth of 24.5m, giving a total site area of approximately 555m2.

 

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 detached single and double storey dwellings. The adjoining properties immediately to the north and east of the site are both single storey dwellings constructed in brick.

 

Examples of medium density development in the general area include 4 Patrick Street, 64 Waratah Street, and 109, 117, and 146 Dalton Road.

 

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

·    Thomastown Learning Centre Childcare & Kindergarten (150m west)

·    Greek Orthodox Church (250m west)

·    Nick Ascenzo Park (300m south west)

·    Lalor East Primary School (400m north east)

·    Lalor Plaza (600m north west)

restrictions and easements

The site is legally described as Lot 27 on Plan of Subdivision 083945. There are no encumbrances on title that preclude Council from making a decision.

The site is affected by a 2.5m wide easement that traverses the rear of the site. A carport has been proposed over the easement. Yarra Valley Water and Council’s Development Engineering Department have no objections to the proposed carport.

Proposal

It is proposed to construct two new double storey dwellings in the form of a split roof duplex (see Attachment 2).

 

Dwelling No. 1 will contain an open plan kitchen/dining/family, three bedrooms, a study, a retreat, amenities and a brick double garage.

 

Dwelling No. 2 will contain an open plan kitchen/dining/family, three bedrooms, a study, a retreat, amenities and single space carport.

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

7.5m front (south), 0m rear (north), 4.0m side (west)

118m2

(Including 45m2 of Secluded Private Open Space)

2

7.3m

(overall)

Dwelling No. 2

Double Storey

3

8.0m front (south), 3.0m rear (north), 2.5m side (east)

104m2

(Including 58m2 of Secluded Private Open Space)

2

7.4m

(overall)

Public Notification

Advertising of the application has resulted in no objections being received.

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

1.       Location of crossover

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 HDS nominates this site as being within the Suburban Residential Change Area.

The proposed development is consistent with

the preferred density and key design principles outlined in the HDS.

Site coverage of 47% allows for meaningful landscaping within the development. Sufficient area has been provided to allow for the planting of a large canopy tree in each front setback.

Furthermore, the building heights are conventional (approximately 7.4m) and are therefore deemed to be consistent with the surrounding area.

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

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

Double garage (5.5m x 6.0m)

Yes

2

3

2

Single carport (6.7m x 4.0m)

Tandem open car space (3.0m x 5.4m)

Yes

 

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.

The proposed crossover to Dwelling No. 2 is to be constructed in accordance with Council’s specifications. This may result in modifications to the existing pit cover. All vehicle crossing works are carried out under a Road Opening Permit and a condition will be included on any permit issued to address this matter.

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.   Location of proposed crossover

The objector raised safety concerns in relation to the proposed location of the new crossover.

 

Council’s Engineering & Transportation Department advised that the placement of a vehicle crossover will not instigate an unsafe traffic environment for the following reasons:

·    The site is located on a bend in Talbot Avenue with good sight lines.

·    Vehicle crossovers placed directly opposite each other, i.e. on the other side of the road, do not create a cause for an unsafe environment.  Typically, this would improve accessibility to the adjacent properties whereby there would be no restrictions (i.e. parked vehicles) to hinder entry and/ or exiting from the properties.

·    On street parking is not permitted in Talbot Avenue directly adjacent to the site as double white lines are placed centrally within the road.

·    Talbot Avenue operates as a typical local street with vehicle volumes less than 1,000vpd, vehicle speeds are considered satisfactory, as Talbot Avenue also contains traffic management devices in the form of raised pavements.

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 and demonstrates a high level of compliance. 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. 715440 and issue a Notice of Decision to Grant a Permit for the construction of two dwellings at 6 Talbot Avenue, Thomastown, 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.       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 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.       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.  Modifications may be required to the existing pit cover with the owner/developer responsible for any additional costs incurred.

9.       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.

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.     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.

12.     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.

13.     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.

14.     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.

15.     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.

16.     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.

17.     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.

18.     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 Kelly

Seconded:               Cr Stow

 

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

Carried

 


6.1.6  202 McDonalds Road, Epping - Buildings and works comprising an extension to an existing aged care facility to accommodate 68 additional lodging rooms, associated business identification signage and alteration of access to a road zone category 1

File No:                                  715649

Attachments:                        1        Locality Maps  

2        Development Plans    

Responsible Officer:           Director Planning & Major Projects

Author:                                  Planning Officer Established Areas Planning   

 

APPLICANT:                                  Opal Aged Care

ZONING:                               General Residential (Schedule 1)

                                               Public Use (Schedule 2)

OVERLAY:                            Nil

REFERRAL:                          VicRoads

OBJECTIONS:                     One

RECOMMENDATION:         That Council approve the application.

Report

EXECUTIVE Summary

The applicant proposes to extend the existing aged care facility and construct an additional 68 lodging rooms to the rear of the site. In addition, the application proposes new business identification signage in association with the facility.

Advertising of the proposal resulted in one objection being received. The grounds of objection relate to overlooking, access to daylight, noise, proximity of the extension to their property and treatment of the boundary fence.

The application was referred to VicRoads and they have no objection or conditions to impose on any permit issued.

The proposal demonstrates a high level of compliance with the Clause 52.05 (Advertising Signs), Clause 52.06 (Car Parking), Clause 52.29 (land adjacent to a road zone category 1) and Clause 55 (Two or more dwellings on a lot and residential buildings) of the Whittlesea Planning Scheme.

On the basis of the assessment against Clause 52.05, Clause 52.06, Clause 52.29 and Clause 55, it is recommended that Council approve the application.

SITE AND SURROUNDING AREA

The subject site is located on the north side of McDonalds Road in Epping, 400m west from the intersection with Civic Drive (Attachment 1).

The property is known as the Meadowglen Nursing Centre and is an established single storey, 45 bedroom aged care facility.

There is a large ‘H’ shaped complex on the property, approximately 30 existing car parking spaces and extensive landscaping, gardens and outdoor amenities for the occupants and staff.

restrictions and easements

The site is legally described as Lot 1 on Plan of Subdivision 405449U. 

A 4.0 metre wide drainage and sewerage easement is located along the northern property boundary.

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

Proposal

Details of the proposed development are outlined below:

Extension to residential aged care facility

The proposed extension involves an increase in the number of lodging rooms within the existing residential aged care facility designated as the ‘dementia’ wing. The extension comprises a total of 68 additional lodging rooms provided over a double storey extension to the rear (north) of the existing building. There are no buildings and works proposed to the existing building (currently containing a total of 45 single storey lodging rooms) other than two linking pathways into the proposed new wing of the building.

Both the ground floor and upper floor of the building extension will be setback a minimum of 3.5m from the eastern boundary, 30.2m from the northern boundary and 5.8m from the western boundary. The two-storey extension will have a maximum building height of 10.6m along the western elevation.

An additional 20 car spaces are proposed, with 10 along the western setback area of the building and another 10 spaces within the front setback area to McDonalds Road.

Advertising signage

Four flag pole signs, two free-standing signs and a wall sign are proposed at varying locations onsite including within the front setback to McDonalds Road and within the western setback. The signage amounts to a total of 9.3m2. Details of the signage are discussed at Clause 52.05.

PUBLIC NOTIFICATION

Advertising of the application has resulted in one objection being received.  The grounds of objection relate to overlooking, access to daylight, noise, proximity of the extension to adjoining properties and treatment of the boundary fence.

REFERRALS

VicRoads

The application was referred to VicRoads pursuant to Section 66 of the Planning and Environment Act 1987 as the intensification of the use on the site could impact on the functionality of the existing access onto a Road Zone Category 1 (McDonalds Road).  Vic Roads has no objection or conditions to impose on any permit that is issued, but has requested that two notes are included in respect to the free standing signage and any future alterations to the accessway.

PLANNING ASSESSMENT

State Planning Policy Framework

 

The application has been assessed against the following State Planning Policies:

 

Residential aged care facilities (Clause 16.02-3):

 

The objective of this Clause is to facilitate the timely development of residential aged care facilities to meet existing and future needs.

 

Strategies are provided to ensure that encourage planning for housing that delivers an adequate supply of land or redevelopment opportunities for residential aged care facilities and also to enable older people to live in appropriate housing in their local community.

 

The extension of the existing aged care facility meets these objectives.

 

Zoning Provisions

The sites is predominantly zoned General Residential Zone with a small portion (approximately 2.5m wide along the rear boundary) located within the Public Use Zone (Schedule 2).   No works are to be undertaken in the Public Use Zone.

 

General Residential Zone (Clause 32.08)

 

The purpose of the General Residential Zone is to:

 

·    Implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.

·    To encourage development that respects the neighbourhood character of the area.

·    To implement neighbourhood character policy and adopted neighbourhood character guidelines.

·    To provide a diversity of housing types and moderate housing growth in locations offering good access to services and transport.

·    To allow educational, recreational, religious, community and a limited range of other non-residential uses to serve local community needs in appropriate locations.

 

Pursuant to this zone, a planning permit is required for any buildings and works to a residential building (which includes a residential aged care facility).  Any assessment should include consideration against the requirements of Clause 55.

 

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 residential living (retirement) and residential aged care uses.

The proposal will be located at the rear of the existing building, has ample setbacks from each boundary to achieve viable landscaping and to avoids bulky building form and respects the established and preferred character of the area.

B2

Residential Policy

ü

ü

 

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

x

The maximum building height of the extension is 10.6m (along the western elevation), 1.6m greater than the allowable 9.0m. This height also exceeds the maximum building height requirement for a residential building pursuant to Clause 32.08-7 (9.0m).

 

It is considered that the height of the proposed double storey extension to the rear of the existing single storey facility respects the existing and preferred neighbourhood character of the site and surrounds and will have minimal amenity impacts due to the ample setbacks to all property boundaries.

 

B8

Site coverage

ü

ü

 

B9

Permeability

ü

ü

 

B10

Energy efficiency

ü

ü

 

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 canopy trees within the rear setback (north) and side setbacks (to the east and west).

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

ü

 

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

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

N/A

N/A

 

B31

Design detail

ü

ü

 

B32

Front fences

N/A

N/A

 

B33

Common property

N/A

N/A

 

B34

Site services

ü

ü

 

Pursuant to this zone, a planning permit is also required if the maximum height of a building used for the purpose of a residential building exceeds a building height of 9.0m.  The maximum building height of the extension is 10.6m (along the western elevation), 1.6m greater than the allowable 9.0m.

As detailed in the Clause 55 assessment, it is considered that the height of the proposed double storey extension to the rear of the existing single storey facility respects the existing and preferred neighbourhood character of the site and surrounds and will have minimal amenity impacts due to the ample setbacks to all property boundaries.

PARTICULAR PROVISIONS

Advertising Signage (Clause 52.05)

Clause 52.05 of the Whittlesea Planning Scheme prescribes the sign type and size standards for advertising signage on site. 

The purpose of the Advertising Provision is:

·    To regulate the display of signs and associated structures.

·    To provide for signs that are compatible with the amenity and visual appearance of an area, including the existing or desired future character.

·    To ensure signs do not contribute to excessive visual clutter or visual disorder.

·    To ensure that signs do not cause loss of amenity or adversely affect the natural or built environment or the safety, appearance or efficiency of a road.

 

The General Residential zone provisions specify that Category 3 advertising controls apply.

 

·    Category 3 – High Amenity Areas (Medium Limitation)

 

The purpose of this category is to ensure that signs in high-amenity areas are orderly, of good design and do not detract from the appearance of the building on which a sign is displayed or the surrounding area.  The proposed advertising consists of the following:

 

Sign type

Description

Location

Size

Flag pole sign (x 4)

Sign 1 –  Flag pole

Sign 2 –  Flag pole

Sign 3 –  Flag pole

Sign 4 –  Flag pole

 

Signs 1 and 2:

Front setback to McDonalds Road (approximately 6.0m from front boundary)

Signs 3 and 4:

Western setback (approximately 0m from western boundary)

Flag pole: 6.5m height

 

Sign: 2.0m x 0.7m

=  1.4m²

 

Total: 1.4m² x 4

= 5.6m²

Free-standing sign

(x 2)

Sign 5 –  Free-standing

 

Sign 6 –  Free-standing

 

Sign 5:

South-western corner of building (approximately 7.5m from western boundary)

Sign 6:

Western setback (approximately 7.5m from western boundary)

Sign: 1.5m x 0.85m

=  1.3m²

 

Total: 1.3m² x 2

= 2.6m²

Wall sign

Sign 7 –  Wall

Sign 7:

Western elevation entry to proposed extension (approximately 13.0m from western boundary)

Sign: 1.5m x 0.75m

= 1.1m²

TOTAL  =   9.3m²

 

Business Identification Signage is a Section 2 – permit required use. It is considered that the extent of advertising is acceptable given that the use is existing and there will be no offsite amenity impacts as a result (i.e. internal illumination or animation).

Car Parking (Clause 52.06) 

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:

Use

No. of proposed lodging rooms

Car spaces required

Car spaces provided

Complies

Aged care facility

68

0.3 to each lodging room

20

Y

The proposed extension of lodging rooms on the site results in a requirement for an additional 20 car spaces on site (along the western elevation and within the front setback adjacent to the existing facility).   These spaces have been provided along the western elevation and within the front setback adjacent to the existing facility.  The spaces meet the requirements of Clause 52.06 and provide appropriate turning areas to ensure manoeuvrability.

 

Land adjacent to a road zone, category 1 (Clause 52.29)

 

The purpose of this particular provision is to:

 

·    To ensure appropriate access to identified roads.

·    To ensure appropriate subdivision of land adjacent to identified roads.

 

Pursuant to this particular provision, a planning permit is required to alter access to a Road Zone, Category 1 (McDonalds Road) as the intensification of the use on site may impact on the functionality of the road. 

 

Council has referred the application to VicRoads (the relevant road authority).  Vic Roads did not have any objection to the proposal but did request two notes be included on any permit that is issued.

Comments on Grounds of Objection

1.   Overlooking

The extension (at both the ground and upper floors) is provided with adequate screening/obscuring to prevent overlooking into adjoining properties which meets the requirements of Clause 55.04-6.   Accordingly, this ground of objection cannot be substantiated.

2.   Access to daylight

The application has been assessed against the requirements of Clause 55.04-3 and meets the requirements.  Accordingly, this ground of objection cannot be substantiated.

3.   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 within 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.

4.   Proximity of the extension to their property

The application has been assessed against the side and rear setback requirements of Clause 55.04-1 and meets these requirements.   Accordingly, this ground of objection cannot be substantiated.

5.   Treatment of the boundary fence

 

The objector is concerned about the ambiguity of the plans in respect to the fencing to be provided along the eastern boundary (adjacent to his residence).  The plans indicate that the existing colourbond fence is to remain but also include the notation that a proposed 1.8m high colorbond fence with 600mm high colourbond trellis is to be provided along the same boundary. 

 

The plans do not clearly indicate the extent of the trellis or whether a portion of the fence will be replaced.  A condition will be included on any permit issued for revised plans to be submitted that clearly show the extent of the trellis along the fence and for this fence to comply with the overlooking requirements outlined in Clause 55.04.6 in respect to the courtyard area provided adjacent to the retaining wall.  The modifications to the fence are to be at the applicant/owner’s expense. It is considered that this ground of objection can be addressed via a condition on any permit that is 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 52.05, Clause 52.06, Clause 52.29 and 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. 715649 and issue a Notice of Decision to Grant a Permit for buildings and works comprising an extension to an existing aged care facility to accommodate 68 additional lodging rooms, an increase in the maximum building height, associated business identification signage and alteration of access to a road zone category 1 at 202 McDonalds Road, Epping, in accordance with the endorsed plans and subject to the following conditions:

1.       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         the extent of trellis to be provided to the 1.8m high colorbond fence on the       eastern boundary to comply with the requirements of Clause 55.04-6.  All costs        associated with the modification of the fencing is to be at the cost of the           applicant/developer.

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, 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 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 lodging rooms 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 lodging rooms 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 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 of the lodging rooms 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 lodging rooms 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.     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.

15.     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.

16.     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.

17.     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.

18.     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.

VicRoads

VicRoads advises that future alterations to the existing accessway to the site, and the turning lanes will require VicRoads approval.

Changes to the free standing advertising sign located at the entry to the site will also require further VicRoads approval.

Council Resolution

Moved:                       Cr Kelly

Seconded:               Cr Stow

 

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

Carried

 


6.1.7    13 Lagen Court and 28 Fairway Court, Bundoora - Construction of four double storey dwellings in addition to existing double storey dwelling (five dwellings on two lots)

File No:                                  715439

Attachments:                        1        Locality Maps  

2        Development Plans    

Responsible Officer:           Director Planning & Major Projects

Author:                                  Principal Planner   

 

APPLICANT:                                  Archsign Pty Ltd

COUNCIL POLICY:              Housing Diversity Strategy

ZONING:                               General Residential Zone Schedule

OVERLAY:                            Development Contributions Plan Overlay Schedule 3

REFERRALS:                       Nil

OBJECTIONS:                     Three

RECOMMENDATION:         That Council approve the application

Report

EXECUTIVE Summary

The applicant proposes to retain the existing dwelling and construct four additional double storey dwellings on a site that comprises two adjoining lots that are abutting at the rear.  Existing vehicle crossings are to be retained.

Advertising of the proposal resulted in three objections being received.  The grounds of objection relate to traffic and parking, overshadowing, the two-storey form and neighbourhood character issues.

The proposal demonstrates a satisfactory level of compliance with the provisions of Clause 55 of the Whittlesea Planning Scheme and meets standards relating to neighbourhood character and amenity impacts.  The proposal also meets the requirements relating to site coverage, permeability and the provision of private open space.

The Housing Diversity Strategy (HDS) applies to one of the two lots only (13 Lagen Court), nominating this site as being within the Suburban Residential Change Area.  It does not apply to any of the land in Fairway Court, as the subdivision that created Fairway Court was registered in March 2015, well after the preparation and adoption of the HDS.

While the proposal is for five dwellings on the two lots combined, it generally complies with the design principles of the Suburban Residential Change Area and is considered to be an acceptable development.

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

SITE AND SURROUNDING AREA

The subject land comprises two adjoining lots, one at 13 Lagen Court which contains an existing dwelling and the other (abutting the rear) at 28 Fairway Court which is currently vacant (see Attachment 1).

Lagen Court runs off the western side of Warrenwood Place, within an established residential area.  The property at 13 Lagen Court is situated at the western end, fronting the court bowl.  It contains an existing two-storey dwelling.  This site has an area of 1,228m2.

Fairway Court is to the south and runs off the southern end of Warrenwood Court where it also intersects with Holt Parade.  Fairway Court is a recent subdivision, with most lots still remaining vacant and some with dwellings under construction.  The property at 28 Fairway Court is located toward the western end with the rear part of its eastern side boundary adjoining the rear boundary of 13 Lagen Court.  This site has an area of 434m2.

The application relates to the two adjoining lots together, which has a combined site area of 1660m2.

Examples of medium density housing in the immediate vicinity are located at 10 Lagen Court and 7 Lagen Court.

The site is located in proximity to the following services and facilities:

·    Warrenwood Neighbourhood Park (180m east).

·    Bus Route 902 Settlement Road - Chelsea to Airport West includes Bundoora Shopping Centre and Keon Park Station (600m northeast).

·    Norris Bank Primary School (660m northeast).

restrictions and easements

The land is legally described as Lot 17 PS 127707 (13 Lagen Court) and Lot 11 PS 717237V (28 Fairway Court).

There is a covenant on the title to 13 Lagen Court requiring any dwelling or dwellings to be substantially of brick or brick veneer, and to have a tiled roof.  The proposal satisfies this requirement.

There is an Agreement on the title to 28 Fairway Court that sets up requirements for nominated lots in the subdivision.  While the subject land is one of two lots in the subdivision (both being larger lots) that are not affected by restrictions of this agreement (i.e. building envelopes and single dwelling per lot requirement), the agreement still appears on title as all lots in the subdivision are shown as ‘beneficiaries’.

The covenant and agreement on the titles therefore do not preclude Council from determining the application.

Lot 11 (28 Fairway Court) also contains a 2.5m wide drainage easement toward the rear, running roughly north-south.  The proposed development does not include any building over the easement.

Proposal

The proposal is to retain the existing dwelling at 13 Lagen Court, and develop four additional dwellings on the combined parcel of land (i.e. both lots in combination), with access to the four proposed dwellings all being via a common driveway from Fairway Court (see Attachment 2).  All dwellings are two-storey in form.  A number of minor changes were made to the plans during the process to address minor Clause 55 issues.

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

4.0m min. front (south); 0m side (west); and 5.2m min. side (east)

40m2

(all secluded private open space)

Double garage

8.0m

(overall)

Dwelling No. 2

Double storey

4

24.5m front (south); 1.2m side (west); 5.7m side (east) and 1.2m rear (north).

 

40m2

(all secluded private open space).

Double garage

7.8m

(overall)

Dwelling No. 3

Double storey

4

0m side (west) and 3.0m rear (north)

41m2

(all secluded private open space)

Single garage plus tandem space

8.2m

(overall)

Dwelling No. 4

Double storey

4

0m side (east) and 4.0m rear (north).

40m2

(all secluded private open space)

Double garage

8.3m

(overall)

Dwelling No. 5

(Existing)

Double storey

4 plus study

13.5m front (east -Lagen Court), 2.43m side (south) and 2.5m side (north).

180m2

(including over 40m2 of secluded private open space – part covered on northern side)

Double garage

8.8m

(overall)

Public Notification

Advertising of the application has resulted in three objections being received (a fourth objection was received and subsequently withdrawn).  The grounds of objection can be summarised as follows:

1.       There was an understanding that this estate was to be a single dwelling estate with no unit development.

2.       Increase in traffic and potential for more on-street parking.

3.       Lack of visitor parking.

4.       Side of garage to the street is contrary to other dwellings in the area.

5.       Overshadowing between units.

6.       Oppose two-storey dwellings.

7.       Loss of privacy.

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.

It is noted that in this instance the HDS covers the land in Lagen Court, however, due to the recent creation of Fairway Court by a more recent subdivision, the land in Fairway Court is not affected by the HDS.  Therefore the northern part of the subject land (i.e. the two lots combined) is affected by the HDS and nominated as a Suburban Residential Change Area, while the southern part is not.

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

P

P

The proposal retains the existing dwelling fronting Lagen Court.  The access to the proposed four additional dwellings will be from Fairway Court.  Therefore there is no change to the Lagen Court streetscape.

Fairway Court is a recent subdivision, and some of the lots are in the process of being developed.  The emerging character is contemporary housing, both single and double storey.  The proposal presents one dwelling to the street, with one behind, while Dwellings Nos. 3 and 4 are to the rear of the adjoining two lots to the east, due to the configuration of the land.

Dwellings presently under construction in Fairway Court appear to have a front setback of 3.0m (in accordance with building envelopes on other lots) and have garages in line with or slightly recessed from the front of dwelling, but clearly visible from the street.  The proposal has a front setback of 4.0m.

The proposal is considered to be consistent with neighbourhood character.

B2

Residential Policy

P

x

The land comprises two adjoining lots.  The northern lot (13 Lagen Court) is affected by the HDS.  The southern lot (28 Fairway Court) is a more recent subdivision, and not affected by the HDS.

The proposal retains the existing dwelling fronting Lagen Court, with access to the proposed four additional dwellings from Fairway Court.  This minimises any change to Lagen Court.

While the proposal is for five lots on the two lots combined, the lot at 13 Lagen Court will contain the equivalent of three dwellings (existing dwelling and proposed Dwelling Nos. 3 and 4).  This lot is in the Suburban Residential Change Area under the HDS, which supports up to two dwellings on a lot.

While this is in excess of the density for a lot in the Suburban Residential Change Area, the overall land comprises two lots with a total area of 1228m2 and results in a satisfactory layout.  The applicant has submitted a detailed landscape plan, which demonstrates that the proposal is consistent with the key design principles of that Change Area.

The HDS does not apply to the lot at 28 Fairway Court.

The proposal for five dwellings over two lots is considered to be an appropriate response to the HDS, which covers only part of the site.

B3

Dwelling Diversity

N/A

N/A

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

B4

Infrastructure

P

P

No known constraints.

B5

Integration with the street

P

P

 

B6

Street setback

P

P

The proposed Fairway Court setback of 4.0m is consistent with other dwellings being constructed in the street.  It is noted that building envelopes (that do not apply to this site but apply on most other lots in the Court) provide for a front setback of 3m.

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

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

B12

Safety

P

P

 

B13

Landscaping

P

P

A landscape plan has been submitted to demonstrate achievement with the key design principles of the HDS (Suburban Residential Change Area).

This shows the capability of planting canopy trees throughout the site.

B14

Access

P

P

 

B15

Parking location

P

P

 

B17

Side and rear setbacks

P

P

 

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

P

 

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

P

 

B32

Front fences

P

P

No front fence to Fairway Court proposed.

Existing front fence to Lagen Court would be retained.

B33

Common property

P

P

Common property would be required for the driveway area for the four dwellings with access from Fairway Court.

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 No.

No. of bedrooms

Car spaces required

Car spaces provided

Complies

1

3

2

2

Y

2

4

2

2

Y

3

3

2

2

Y

4

3

2

2

Y

5 (Existing)

4

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.       There was an understanding that this estate was to be a single dwelling estate with no unit development.

          There is an agreement on the majority of lots created in the Fairway Court subdivision that limit development to one dwelling.  This agreement however does not apply to Lot 11 (the subject site) and Lot 16.  While there may be a perception that this restriction applies to the entire Fairway Court ‘estate’, clearly there was never the intent for the two larger lots to be restricted in this manner.  Accordingly, this ground of objection cannot be substantiated.

2.       Increase in traffic and potential for more on-street parking.

There would be four dwellings accessed from Fairview Court, with the existing dwelling retaining its access from Lagen Court.  The additional traffic would be negligible in the context of the road infrastructure.  The proposal utilises the existing street crossover and will not reduce on-street parking spaces.  Accordingly, this ground of objection cannot be substantiated.

3.       Lack of visitor parking.

Five dwellings attract one visitor parking space.  However, in practical terms there are only four dwellings with access from Fairway Court, which would not require a separate visitor car space.  Accordingly, it is considered that this ground of objection cannot be substantiated.

4.       Side of garage to the street is contrary to other dwellings in the area.

The dwellings presently under construction in the area generally have garages at the front of or in line with the dwelling.  The proposal has a side entry garage with a front setback of 4.0m, which provides a satisfactory response to the built form being established in the area.  Accordingly, this ground of objection cannot be substantiated.

5.       Overshadowing between units.

Overshadowing effects comply with the applicable Clause 55 Standard.  Accordingly, this ground of objection cannot be substantiated.

6.       Oppose two-storey dwellings.

Two storey dwellings are considered acceptable in an urban environment, even where the majority of dwellings are single storey.  Provided that issues such as overlooking, overshadowing and other potential amenity impacts such as visual bulk (height, massing etc.) are properly managed.  This proposal has been assessed and these matters have been satisfactorily addressed.  Accordingly, it is considered that this ground of objection cannot be substantiated. 

7.       Loss of privacy.

The proposal meets the Clause 55 requirements for addressing/avoiding overlooking.  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 proposal demonstrates a satisfactory level of compliance.  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. 715439 and issue a Notice of Decision to Grant a Permit for the construction of four double storey dwellings in addition to the existing double storey dwelling at 13 Lagen Court and 28 Fairview Court, Bundoora in accordance with the endorsed plans and subject to the following conditions:

1.       Prior to the endorsement of the plans required under 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 this permit, or at such later date as the Responsible Authority may approve in writing, there shall be lodged with the Responsible Authority an amount of $4,000 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.       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.       Prior to the occupation of the dwellings hereby approved, the land must be either consolidated in title or re-subdivided in accordance with the approved development.

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

7.       Prior to the occupation of the dwellings hereby approved, the car parking areas and access ways 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.

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 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 dwellings hereby approved, reticulated (water, sewerage, gas and electricity) services must be constructed and available to the satisfaction of the Respo