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Minutes

 

OF Ordinary
COUNCIL MEETING

HELD ON

Tuesday 7 June 2016

AT 6:31pm

In Council Chamber, 25 Ferres Boulevard, South Morang


Ordinary Council Minutes                                                                      Tuesday 7 June 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


Ordinary Council Minutes                                                                      Tuesday 7 June 2016

 

 

 

SENIOR OFFICERS

 

 

MICHAEL WOOTTEN                       CHIEF EXECUTIVE OFFICER

RUSSELL HOPKINS                         DIRECTOR COMMUNITY SERVICES

STEVE O’BRIEN                                DIRECTOR PLANNING AND MAJOR PROJECTS

NICK MANN                                       DIRECTOR CITY TRANSPORT & PRESENTATION

MICHAEL TONTA                              ACTING DIRECTOR CORPORATE SERVICES

SEAN MCMANUS                             ACTING DIRECTOR PARTNERSHIPS & ENGAGEMENT

ANGELO MAMATIS                          TEAM LEADER GOVERNANCE

 


Ordinary Council Minutes                                                                      Tuesday 7 June 2016

 

 

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.. 10

3.            Declarations of Interest.. 10

4.            Confirmation of Minutes of Previous Meeting.. 10

5.            Consideration and Action on Petitions and Joint Letters.. 10

5.1         Petitions.. 10

Nil Reports.. 10

5.2         Joint Letters.. 10

Nil Reports.. 10

5.3         farewell to mary agostino, acting director partnerships and engagement.. 11

6.            Officers’ Reports.. 13

6.1         Planning and Major Projects.. 15

6.1.1       68 Cyprus Street, Lalor - construction of four double storey dwellings.. 15

6.1.2       10 Highlands Road, Thomastown - Construction of six dwellings comprising two double-storey and four triple-storey dwellings.. 25

6.1.3       249 Holt Parade, Thomastown - Use of the land for vehicle store (retrospective) and associated works.. 37

6.1.4       7 Alexander Avenue, Thomastown - Construction of Four Dwellings.. 49

6.1.5       97 Cyprus Street, Lalor - Construction of Three Dwellings   63

6.1.6       80H Epping Road, Epping - Variation of a restrictive covenant (PS617864Y) to allow for the use of the premises as a food and drink premise (cafe) 73

6.1.7       26 Central Avenue, Thomastown - Construction of Four Dwellings.. 79

6.1.8       222 Plenty Road, Bundoora - Use and Development of an Office, Use and Development of a Child Care Centre and Removal of Native Vegetation.. 95

6.1.9       385 Towts Road Whittlesea - retrospective application for buildings and works.. 111

6.1.10    Landscape Bond Policy Review... 117

6.2         Community Services.. 121

6.2.1       Visual Art and Civic History Collections Acquisitions Advisory Group Terms of Reference.. 121

6.2.2       Library Strategy for Mernda and Epping North.. 125

6.2.3       Reconciliation Action Plan 2012-15 Outcomes Report. 131

6.3         City Transport and Presentation.. 135

6.3.1       Intersection:  Plenty Road/Wallan Road/ Macmeikan Street/Laurel Street, Whittlesea.. 135

6.4         Corporate Services.. 141

6.4.1       Committee of Council Recommendation - Lalor Bowling Club - Lalor Recreation Reserve.. 141

6.4.2       Committee of Council Recommendation - Road Discontinuance - 4 Figtree Court Mill Park.. 145

6.4.3       Committee of Management - DELWP - 163-209 Barry Road Thomastown.. 147

6.4.4       Lease - AF Walker Reserve -  Portable Building.. 151

6.4.5       ASSEMBLIES OF COUNCIL REPORT - 7 JUNE 2016. 157

6.4.6       Year 2016 General Valuation.. 161

6.5         Partnerships & Engagement.. 165

6.5.1       Australia Local Government Association National General Assembly - Business Paper Motions.. 165

6.6         Executive Services.. 169

Nil Reports.. 169

7.            Notices of Motion.. 169

Nil Reports.. 169

8.            Questions to Officers.. 169

Nil      169

9.            Urgent Business.. 169

9.1           Concerns Regarding Ramps at Mernda and Hawkstowe Station.. 169

10.         Reports from Delegates Appointed to Council by Other Bodies.. 170

10.1        HELPING ACHIEVE RECONCILIATION TOGETHER (HART) AWARDS - PARTNERSHIP BETWEEN VLGA & RECONCILIATION VICTORIA.. 170

10.2        Whittlesea Multicultural Council. 170

11.         Questions to Councillors.. 171

11.1        GRANTS FROM GOVERNMENT FOR ROAD MAINTENANCE AND FOOTPATH MAINTENANCE.. 171

11.2        Block of Land - Corner Gorge Road and Riverside Drive   171

12.         Confidential Business.. 173

12.1       Planning and Major Projects.. 173

12.1.1    DESIGN SERVICES FOR REDEVELOPMENT OF MILL PARK LEISURE CENTRE CONTRACT 2016-6 - TENDER EVALUATION REPORT. 173

12.2       Community Services.. 173

Nil Reports.. 173

12.3       City Transport and Presentation.. 173

12.3.1    Tender Evaluation - 2015-117 Footpath Widening Hendersons Road Bridge, Epping.. 173

12.3.2    Construction and Signalisation of Bridge Inn and Painted Hillls Roads Doreen Intersection - contract no. 2016-4 - tender evaluation report. 173

12.3.3    PAINT, PAINT ACCESSORIES & GRAFFITI REMOVAL SERVICES  (MAPS 1901/1001) 173

12.3.4    Provision of Fuels and Associated Products - Contract 2013- 9 A-E - Extension Report. 173

12.3.5    DESIGN AND CONSTRUCTION OF NEW NORTHERN DEPOT - CONTRACT NO. 2013-38 - CONTRACT FINALISATION.. 173

12.3.6    Provision of Maintenance to Lock and Key Systems.. 173

12.4       Corporate Services.. 173

12.4.1    PANEL CONTRACT EXPENDITURE DISTRIBUTION.. 173

12.5       Partnerships & Engagement.. 173

Nil Reports.. 173

12.6       Executive Services.. 173

12.6.1    MEETINGS OF THE CHIEF EXECUTIVE OFFICER - 9 MAY - 27 MAY 2016  173

13.         Closure.. 175

 

Note:

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

 

 


Ordinary Council Minutes                                                                      Tuesday 7 June 2016

 

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) *entered the Council Chamber at 6.45pm

Cr Mary Lalios                     Councillor (South East Ward)

Cr Ricky Kirkham                Councillor (North Ward)

Cr Rex Griffin                      Councillor (North Ward)

Cr Christine Stow                Councillor (North Ward)

 

Officers:

Mr Michael Wootten            Chief Executive Officer

Mr Steve O'Brien                 Director Planning and Major Projects

Mr Russell Hopkins             Director Community Services

Mr Nick Mann                      Director City Transport & Presentation

Mr Michael Tonta                Acting Director Corporate Services

Mr Sean McManus              Acting Director Partnerships & Engagement

Mr Angelo Mamatis             Team Leader Governance


2.         Apologies

An Apology was received on behalf of Cr Harris who requested that leave be granted for this meeting

Recommendation

Moved:                       Cr Lalios

Seconded:               Cr Griffin

 

THAT the apology on behalf of Cr Harris be received and leave be granted.

Carried

 

3.         Declarations of Interest

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

Cr Lalios declared an indirect financial interest in Item 6.1.10 – Landscape Bond Policy Review.

 

 

4.         Confirmation of Minutes of Previous Meeting

Council Resolution

Moved:                       Cr Griffin

Seconded:               Cr Kozmevski

 

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

Ordinary Meeting of Council held 17 May 2016

Carried

 

5.         Consideration and Action on Petitions and Joint Letters

5.1       Petitions

Nil Reports

5.2       Joint Letters

Nil Reports 


 

Suspension of Standing Orders

Cr Kirkham requested that Standing Orders be suspended in order for Councillors to pay tribute to Acting Director Partnerships and Engagement, Mary Agostino for her services to Council.

Council Resolution

Moved:                       Cr Kirkham

Seconded:               Cr Lalios

 

THAT Council resolve to suspend Standing Orders.

Carried

Standing orders were suspended at 6.33pm.

 

5.3       farewell to mary agostino, acting director partnerships and engagement

Councillors Kirkham, Lalios, Alessi, Griffin and Stow spoke commending the long standing Officer, Mary Agostino for her 17 years service to Council.

Mary having commenced in 1998 as a Children’s Services Development Officer in Family Services. She went on to become the Manager Youth and Children’s Services where her achievements were many, including helping to establish Community Hubs, a new Aboriginal Child and Family Centre, and Creeds Farm Living and earning Centre.

In the past four years, Mary has played a senior leadership role as Executive Manager of Advocacy, which included serving as a member of the Executive Leadership Team.  During this time Mary has helped shape our advocacy priorities, established strong partnerships and relationships and built an evidence base to support our advocacy needs.  The importance of Council’s advocacy work is highlighted by the fact that over the past few years the City of Whittlesea has attracted around $1billion of investment for public transport, roads, schools, early learning centres, the Mernda Police Station, and a range of social services including family violence and mental health. This has been achieved through a strong advocacy platform and Mary was a key plank in this.

Mary also played a vital role in the 2009 bushfires as a Municipal Recovery Manager.

An ongoing aspect of Mary’s achievements has been her work with community groups to empower them to lead their own advocacy efforts. A number of community groups now have the capacity to effectively advocate on their own thanks to support and guidance from Mary.

 

 

Cr Harris entered the chamber at 6.46pm

 

 

 

 

 

Resumption of Standing Orders

Following Councillors’ tributes to Acting Director Partnership and Engagement, Mary Agostino, standing orders were resumed.

Council Resolution

Moved:                       Cr Kirkham

Seconded:               Cr Griffin

 

THAT Council resolve to resume Standing Orders.

Carried

Standing orders were resumed at 6.46pm.

 

 


Ordinary Council Minutes                                                                      Tuesday 7 June 2016

 

6.         Officers’ Reports

Council Resolution

Moved:                       Cr Griffin

Seconded:               Cr Kirkham

 

THAT Council resolve to adopt the Recommendations for items numbers  6.1.2, 6.1.5, 6.1.8, 6.1.9, 6.2.1, 6.3.1, 6.4.1, 6.4.2, 6.4.3, 6.4.5 and 6.4.6 .

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.

 

 

 


Ordinary Council Minutes                                                                      Tuesday 7 June 2016

 

6.1       Planning and Major Projects

6.1.1    68 Cyprus Street, Lalor - construction of four double storey dwellings

File No:                                  715652

Attachments:                        1        Locality Maps  

2        Development Plans    

Responsible Officer:           Director Planning & Major Projects

Author:                                  Principal Planner   

 

APPLICANT:                                  Steve Demir

COUNCIL POLICY:              Housing Diversity Strategy

ZONING:                               General Residential Zone

OVERLAY:                            Development Contributions Plan Overlay (Schedule 3)

REFERRAL:                          Nil

OBJECTIONS:                      Nil

RECOMMENDATION:         That Council refuse the application. 

Report

EXECUTIVE Summary

The applicant proposes to demolish the existing dwelling and construct four double storey, three bedroom dwellings.  The proposal also includes the introduction of three additional crossovers for vehicle access. 

The detailed assessment has revealed that the proposal fails to appropriately respond to the Key Design Principles contained within the Neighbourhood Interface Change Area of the Housing Diversity Strategy.  Additionally, as a result of the intensity of proposed development there are a number of Clause 55 objectives and standards that the proposal fails to adequately address and comply with. These non-compliances cannot be appropriately addressed through permit conditions.

Accordingly, it is recommended that Council refuse to approve the application for planning approval.

SITE AND SURROUNDING AREA

The subject site is located on the northeast corner of the Cyprus and Plane Street intersection (see Attachment 1).  The site currently contains a single-storey brick dwelling addressing Cyprus Street.  The vehicle access and storage is via a driveway on Plane Street.  The site contains a scattering of vegetation, typical of the area, however there are no significant trees. 

 

To the north of the subject site is a double-storey brick dwelling that addresses William Street.  To the east of the site is a single-storey dwelling, similar to the subject site. 

 

The majority of the sites in the area contain the original housing stock, which is typically a single-storey dwelling with an allotment area of approximately 700m2.  However, there is an increasing number of multi-dwelling developments occurring, typically with a ratio of two or three dwellings per site and one example of four dwellings (opposite corner at 57 Plane Street).

 

The subject site is located within proximity to the following range of services:

 

·    St Luke Primary School (320m west)

·    Lorne Park (350m northeast)

·    Vasey Avenue Park (530m north)

·    Peter Lalor Shops (560m west)

·    Lalor Secondary College (630m northeast)

·    Lalor Primary School (700m north)

·    Bus Route 555 – Lalor to Northland Shopping Centre

·    Bus Route 559 – Thomastown to Lalor Loop

·    Bus Route 556 – Epping Plaza Shopping Centre to Northland Shopping Centre

·    Lalor Train station (1.2km northwest)

·    Thomastown station (1.4km southwest)

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 drainage and sewerage easement on the northern (rear) boundary of the site. 

Proposal

It is proposed to demolish the existing dwelling and outbuilding and construct four double-storey, attached dwellings.  The ratio of the development will be one dwelling per 170m2

 

Dwelling No. 1 will address Cyprus Street and Dwelling Nos. 2-4 will address Plane Street.  Vehicle access for Dwelling No. 1 will be via a new crossover onto Cyprus Street with each of the other dwellings having direct vehicle access to Plane Street. 

 

Each dwelling has the living areas on the lower level, with ground level open space, and bedrooms on the upper levels.  A single car garage is provided for each dwelling with a reliance on tandem parking in the driveway for the required second parking spaces. 

 

External materials of the development include brickwork on the lower level with a combination of PVC weatherboards and rendered polystyrene on the upper levels.  The pitched rooves are to be tiled (see Attachment 2).

 

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

(facing Cyprus Street)

Double storey

Four (including study)

6.4m front (south); 0m side (east); 3.9m side (west)

25.6m2

Single garage (6.5m x 3.5m) and tandem space

6.9m

Dwelling No. 2

Double storey

Three

2.9m front (west);

3.0m rear (east)

32.5m2

Single garage (6.0m x 3.5m) and tandem space

6.8m

Dwelling No. 3

Double storey

Three

2.9m front (west); 3.0m rear (east)

32.5m2

Single garage (6.0m x 3.5m)  and tandem space

6.8m

Dwelling No. 4

Double storey

Three

2.9m front (west); 3.0m rear (east); 0m side (north)

33.8m2

Single carport (6.5m x 3.5m) and tandem space

6.8m

Public Notification

Advertising of the application was carried out via way of written notice to adjoining and adjacent owners and a sign placed on site.  One objection was received but subsequently withdrawn on 18 March 2016; the objection related to fencing.

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.

 

 

 

√- Compliance
X - Non compliance

Objectives

Standards

COMMENTS

B1

Neighbourhood
Character

x

x

The surrounding area is characterised by a mixture of single and multi-dwelling developments of both double and single storey scale.  Developments in the area range in style from 1950s and 1960s single storey brick and weatherboard to recent infill development usually incorporating both brick and render elements.  Housing in the area typically is low scale with generous front setbacks and very limited built form on the boundary (garages and sheds in the rear open spaces are the exception). 

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

The Housing Diversity Strategy (HDS) nominates this site as being within the Neighbourhood Interface change area. The proposal does not provide for a satisfactory response to the preferred density and design principles of this Change Area and is considered unacceptable in this context.

There are a number of aspects of the proposal that are not appropriately responsive to the existing or preferred character of the area including the continual built form, lack of setbacks and spacing, reduced front setback, overall scale and bulk of the four double-storey dwellings with a lack of opportunity for meaningful landscaping. 

It is acknowledged that there are some other instances of multi dwelling developments, including sets of three and four double storey dwellings, but some of those provide a good example of what not to do as their presentation has been to the detriment of neighbourhood character. 

B2

Residential
Policy

x

x

The HDS nominates the subject site as located within the ‘Neighbourhood Interface’ (Clause 21.09-4 of the WPS). This Change Area encourages detached dwellings, dual occupancies/duplexes, townhouses and multi units.

 

 

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

·      Insufficient front setbacks to accommodate medium sized canopy trees.

·      Insufficient side and rear setbacks to provide space for landscaping and external access to the rear.

·      Site coverage (including buildings and non-permeable areas) too high to provide a balance of built form and landscaping. 

·      Insufficient space to accommodate a large canopy tree in the rear setback.

B3

Dwelling
Diversity

N/A

N/A

Only applicable to developments of ten or more dwellings

B4

Infrastructure

P

P

 

B5

Integration with
the street

P

P

 

B6

Street setback

x

x

The proposed setback is 6.5m; the  required setback: 9.0m.  The street setbacks within the area are generous, providing dwelling spacing that accommodates landscaping and provides a good rhythm of spacing.  The double storey built form and high fence toward the front of the site will exacerbate the appearance and bulk of the proposed dwelling which is not sympathetic to the prevailing neighbourhood character.  The front setback is non-compliant.

The side setback proposed is 2.9m, therefore complying with the required setback of 2.7m.

B7

Building height

P

P

 

B8

Site coverage

P

P

 

B9

Permeability

P

P

 

B10

Energy
efficiency

x

x

None of the four dwellings have northern light access for the living areas, affecting energy efficiency and onsite amenity.  Due to the layouts and attached nature of the Dwelling Nos. 2 and 3 particularly have limited natural light access and ventilation.  The setback of the rear fence from the living area being the minimum 3.0m will enclose that area and affect light access.  There are no features of the proposal that encourage good energy efficiency. Reducing the number of dwellings will provide more space to better orientate the dwellings. 

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

x

x

A landscape plan was provided with the application, however a review of the plan reveals that there is inadequate space onsite provided to accommodate the expected trees.  The planting shown is too close to buildings which will result in maintenance issues and will then likely result in their removal. 

Rear open spaces are not only limited by their small dimensions but also the competing needs for usable open space, areas of paving and services such as bin storage and outdoor sheds.  All these are deemed important for three and four bedroom dwellings where there will be a high occupancy rate. 

B14

Access

x

x

The proposal increases the number of crossovers to the site by three. 

The number and layout of the crossovers is not acceptable because of:

·      Loss of on-street parking;

·      Inconsistent with neighbourhood character;

·      Inappropriate splay of driveway due to location of sign and side entry pit;

·      Potential loss of established street tree;

·      Poor design response for encouraging walkability within the area. 

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

x

x

The development does not encourage design detail that respects the existing or preferred neighbourhood character. The design response will result in a visually bulky development which is not considered acceptable within the existing or preferred neighbourhood setting.

B32

Front fences

P

P

 

B33

Common
property

N/A

N/A

 

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

4

2

2

Y

2

3

2

2

Y

3

3

2

2

Y

4

3

2

2

Y

 

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

DEVELOPMENT CONTRIBUTIONS PLAN OVERLAY (SCHEDULE 3)

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

 

Declarations of Conflicts of Interest

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

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

Conclusion

The application does not provide a satisfactory response to the requirements of the Whittlesea Planning Scheme and in particular Clause 55. The proposal does not meet the preferred density or key design principles of the Neighbourhood Interface Change Area of the Housing Diversity Strategy. It is considered that the proposal will result in unreasonable impacts on the character of the neighbourhood and surrounding residential properties in addition to providing poor onsite amenity for the future occupants.  The site is considered suitable for some form of infill development, however fewer dwellings on site may address many of the concerns.  Accordingly, refusal of the application is recommended. 

Recommendation

THAT Council resolve to Refuse Planning Application No. 715652 and issue a Refusal to Grant a Planning Permit for construction of four double storey dwellings at 68 Cyprus 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 55.03-5 (Energy Efficiency)

e)      Clause 55.03-8 (Landscaping)

f)                 Clause 55.03-9 (Access objectives)

g)      Clause 55.06-1 (Design Detail)

2.       The proposal does not appropriately respond to Clause 21.09-4 (Change Areas in the Established Suburbs) of the Whittlesea Planning Scheme.  In particular the proposal provides a poor design response to the key design principles including lack of provision of:

a)   Moderate front setback to provide sufficient space for landscaping and a medium canopy tree.

b)   Sufficient side and rear setbacks to allow for some landscaping and external access to the rear.

c)   Medium site coverage to facilitate a balance between increased densities and landscape opportunities.

d)   Usable private open space.

e)   Landscaping to complement medium density built form.

f)    Medium sized canopy trees in the front setback.

g)   Large Canopy tree in rear setback.

3.       The proposal is considered an overdevelopment of the site that will be to the detriment of the neighbourhood character and onsite amenity.

 

Chief Executive Officer’s Explanatory Notation

Item 6.1.1, 68 Cyprus Street Lalor – Construction of Four Double Storey Dwellings, was withdrawn by the applicant and was not considered at the meeting.

 

 


Ordinary Council Minutes                                                                      Tuesday 7 June 2016

 

6.1.2    10 Highlands Road, Thomastown - Construction of six dwellings comprising two double-storey and four triple-storey dwellings

File No:                                  715674

Attachments:                        1        Locality Maps  

2        Development Plans    

Responsible Officer:           Director Planning & Major Projects

Author:                                  Planning Officer Established Areas Planning   

 

APPLICANT:                                  Planning Horizon

COUNCIL POLICY:              Housing Diversity Strategy

ZONING:                               Residential Growth (RGZ)

OVERLAY:                            Development Contributions Plan (Schedule 3)

REFERRAL:                          Nil

OBJECTIONS:                      One

RECOMMENDATION:         That Council refuse the application.

Report

EXECUTIVE Summary

The applicant proposes the construction of six dwellings (comprising two double-storey and four triple-storey dwellings).

Advertising of the proposal resulted in one objection being received.  The grounds of objection relate to the multi-storey nature of the development not in keeping with the neighbourhood character, an increase in traffic and parking problems putting residents at risk (potentially hindering emergency vehicle access to Highlands Street), a loss of privacy and increased overlooking potential, and loss of quality of life.

While the development meets a number of provisions of Clause 55 of the Whittlesea Planning Scheme, the development does not meet the minimum standards relating to neighbourhood character, residential policy, street setback, energy efficiency, safety, landscaping, parking location, overlooking, dwelling entry, private open space, design detail and Clause 52.06 (Car Parking), and cannot be remedied without a complete redesign of the proposal. 

The Housing Diversity Strategy (HDS) nominates this site as being within the Neighbourhood Renewal Change Area.  The proposal for six new dwellings complies with the preferred density for this Change Area, which encourages multi-units.

The proposal meets some of the key design principles outlined in the HDS; however the lack of usable private open space by way of ‘apartment style’, screened balconies, a lack of attractive landscaping to complement the built form, and the overall ‘form’ of the development not allowing for all levels to achieve passive surveillance results in a development that does not integrate well or positively with existing housing stock.  

Council officers raised their concerns with the applicant and encouraged them to amend their application on a number of occasions, including in a meeting. However, the applicant rejected Council’s concerns and decided to proceed with the application.

On the basis of the Clause 55 assessment and the comments regarding the key design principles of the HDS, it is recommended that Council refuse the application.

SITE AND SURROUNDING AREA

The subject site is located on the northern side of Highlands Road, Thomastown approximately 100m west of High Street (see Attachment 1).  The site is rectangular in shape and has a site area of 710m2 with a frontage to Highlands Road of 15.5m.  The site has no discernible slope and is currently vacant. 

The site is located within an established residential area of Thomastown, characterized by flat land with a regular grid layout pattern and few courts.  Development is predominantly modest sized detached single storey cream brick houses built in the 1950s, although a number of more recently constructed multi-dwelling developments are changing the predominant character of the area.

The dwellings that adjoin the site to the east and west (Nos. 1/8, 2/8 and 12 Highlands Road) are all single storey and detached. They are of brick construction with hipped tiled roofs. Front setbacks for the dwellings at Nos. 1/8 and 12 Highlands Road are 9m and 7.7m respectively, and on each property there are side vehicular accessways along the eastern boundary.

Within the immediate vicinity of the site there are a significant number of medium density housing developments located at Nos. 8, 11, 14, 15, 24, 26 and 36 Highlands Road; Nos. 8, 11, 17, 23, 25, 27, 28, 29, 31 and 35 Central Avenue; and Nos. 1, 12, 16, 19, 21, 22, 23 and 25 Main Street.

 

The site is located in proximity to a range of services/facilities, including:

·    Thomastown Shopping Centre (100m east).

·    Bus Route 555 (200m southeast).

·    Thomastown Railway Station (300m southeast).

·    Thomastown Primary School (400m southeast).

·    Thomas Street Recreation Reserve (500m southwest).

·    Thomastown Recreation and Aquatic Centre (TRAC) (600m southwest).

restrictions and easements

The Certificate of Title for the property shows that the site is affected by Covenant 2634884 which requires that no stone earth clay gravel or sand be carried away/removed from the lot except for the purpose of excavating for the foundations of any building and that the land may not be used for the manufacture or winning of bricks, tiles or pottery ware.  The proposed development will have no effect on the covenant.

A 1.8m wide sewerage and drainage easement runs along the northern (rear) boundary of the site.

Proposal

It is proposed to construct six new dwellings, comprising two double-storey and four triple-storey dwellings (see Attachment 2).

The ground level of Dwelling No. 1 (double-storey) contains two bedrooms, bathroom and laundry. An open plan kitchen/meals/living area, third bedroom and balcony are proposed on the upper level.

The four triple storey dwellings (Dwelling Nos. 2-4) each contain an entry, study and laundry at ground level, a kitchen/meals/living area, one bedroom and a bathroom at first floor and one bedroom and an ensuite on the second floor.

Dwelling No. 6 (double-storey) contains a bedroom, bathroom/laundry and study nook at the ground level and a second bedroom and an open plan kitchen/meals/living area and balcony at the upper level.

Vehicular access to Dwelling Nos. 2-6 and the visitor car space is proposed via the existing crossover and driveway located along the eastern property boundary. Access to Dwelling No. 1 is proposed via a new crossover and driveway along the western property boundary.

Specifications of the proposal are provided below:

 

 

Height/Scale

Number of Bedrooms

Setbacks

Private Open Space

Car Parking

Maximum Height

Dwelling 1

Two Storey

3

4.0m front (south), 4.0m side (east), 0m side (west).

15.9m² secluded private open space (7.3m2 ground floor, 8.6m2 balcony)

 

Single garage (3.5m x 6m) + tandem car space (5.1m x 3.0)

7.7m (overall)

Dwelling 2

Triple Storey

2 + study

5.6m side (east), 1.5m side (west).

22m² secluded private open space (11m2 ground floor, 11m2 balcony)

Single garage (3.5m x 6m)

9.1m (overall)

 

Dwelling 3

Triple Storey

2 + study

5.6m side (east), 1.0m side (west).

20m² secluded private open space (8.5m2 ground floor, 11.5m2 balcony)

Single garage (3.5m x 6m)

9.1m (overall)

 

Dwelling 4

Triple Storey

2 + study

5.6m side (east), 1.0m side (west).

19.8m² secluded private open space (8.3m2 ground floor, 11.5m2 balcony)

Single garage (3.5m x 6m)

9.1m (overall)

 

Dwelling 5

Triple Storey

2 + study

5.6m side (east), 1.0m side (west).

18.3m² secluded private open space (8.3m2 ground floor, 10m2 balcony)

Single garage (3.5m x 6m)

9.1m (overall)

 

Dwelling 6

Two Storey

2

3.6m side (east), 1.0m side (west) and 3.0m rear (north).

54.2m² secluded private open space (45.6m2 ground floor, 8.6m2 balcony)

Single garage (3.5m x 6m)

7.1m (overall)

 

 

 

Public Notification

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

 

1.       The multi-storey nature of the development not in keeping with the neighbourhood character.

2.       The development will result in an increase in traffic and parking problems putting residents at risk (potentially hindering emergency vehicle access to Highlands Street)

3.       A loss of privacy and increased overlooking potential

4.       Loss of quality of life

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 locality comprises predominantly modest size detached single storey brick housing constructed in the 1950’s, a high percentage of modest size timber houses and several medium density housing developments.

The proposed higher density multi-unit development is considered to be in keeping with the shifting neighbourhood character (to a more contemporary, modern character). However, as the site is a standard residential lot (as opposed to a corner site or consolidated lot) appropriate development potential is limited.  

Overall, the dwellings present a contemporary design in a neighbourhood which currently contains some low-scale multi-dwelling developments. While more contemporary and innovative high density developments are now encouraged in the area, it is considered that the continuous, dominant built form including an uninterrupted roof form along the western elevation and the ‘busy’ east elevation does not present an attractive or innovative design which best utilises the site for a higher density outcome.

While the Residential Growth Zone (RGZ) encourages higher density development outcomes in this area, overall, the development does not integrate well with the existing housing stock and presents a poor design response to the context of the site and surrounds. It also sets an undesirable precedent for future development on single allotments in the area. While the RGZ encourages higher density development, this should not be at the cost of innovative and attractive development outcomes that improve the character and amenity of an area.

B2

Residential Policy

x

x

The Housing Diversity Strategy (HDS) nominates the site as being within the Neighbourhood Renewal Residential Change Area.  The current proposal does accord with the preferred housing density encouraged for this Change Area and some of the design principles.  However, it is considered that the cumulative impact of poor and unresponsive design aspects do not result in an outcome envisaged for this Change Area. Specifically, the lack of usable private open space by way of ‘apartment style’, screened balconies, a lack of attractive landscaping to complement the built form, and the overall ‘form’ of the development not allowing for all levels to achieve passive surveillance and resulting in a development that does not integrate well or positively with existing housing stock, results in an inappropriate proposal for this site.  

 

B3

Dwelling Diversity

N/A

N/A

Only applicable to developments of ten or more dwellings.

B4

Infrastructure

P

P

 

B5

Integration with the street

P

P

 

B6

Street setback

x

x

The proposed setback of Dwelling 1 is 4.0m, 4.4m less than the required setback of 8.4m.

Given that the development does not respond to its site constraints, or boast a high or innovative design standard, it is considered that there is no reasonable justification for a reduced setback, as the reduction is symptomatic of the application being an overdevelopment.  The proposal does not counter the reduced setback by any other positive design considerations.

 

B7

Building height

P

P

 

B8

Site coverage

P

P

 

B9

Permeability

P

P

 

B10

Energy efficiency

x

x

The building has not been oriented or designed to make appropriate use of solar energy. The narrowness of the north-south oriented block results in minimal northern windows provided to the majority of the living areas (only provided to the rear, north-facing dwelling).

 

It is considered that such an inadequacy cannot be remedied without a complete redesign of the proposal. 

 

B11

Open space

N/A

N/A

 

B12

Safety

x

x

The proposed layout of the development does not provide for the safety and security of residents and property.

 

The entrances to Dwelling Nos. 2-6 are mostly obscured and isolated from the street, and the design response has resulted in poor internal visibility/outlook out for dwellings to undertake appropriate surveillance of car parking areas and internal accessways.

B13

Landscaping

x

x

A formal landscape plan has not been submitted with the application.

B14

Access

P

P

 

B15

Parking location

x

x

The car parking arrangement for Dwelling Nos. 4 and 6, and the visitor car space are considered inconvenient and unworkable. Turning templates have been applied and Council’s Traffic Engineers have reviewed the proposal and confirmed that the proposed vehicle swept paths do not satisfy Clause 52.06 of the Whittlesea Planning Scheme.

 

 

The car parking turning areas for Dwelling Nos. 4 and 6, and the visitor car space are unsatisfactory and the entire design response of the development would need to be revisited to ensure satisfactory compliance.

 

Further to this, it is considered that the location of the visitor car space at the rear of the development does not provide convenient or safe access for visitors of all the dwellings.

 

It is considered that such an inadequacy cannot be remedied without a complete redesign of the proposal. 

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

x

x

The upper level windows (double and triple storey) of each dwelling have not been located or designed so as to avoid direct views into the secluded private open space of each other or adjoining properties and therefore propose extensive screening. It is considered that the extent of screening required to achieve compliance with Standard B22 is excessive and results in a poor design response that detrimentally impacts on internal access to daylight and the amenity of the upper level habitable rooms of the proposed dwellings. The extent of screening proposed does not offer an innovative design outcome which could potentially negate the need for extensive screening while still meeting Standard B22. This results in a ‘clunky’ and overbearing development in which Dwelling Nos. 2-5 will not have a reasonable internal amenity outcome for future occupants.

B23

Internal views

P

P

 

B24

Noise impacts

P

P

 

B25

Accessibility

P

P

 

B26

Dwelling entry

x

x

The entrances to Dwelling Nos. 2-5 are not visible and/or easily identifiable from the street, as they are hidden behind the built form of Dwelling No. 1. Further to this, the entrances to these dwellings are directly from the accessway without a porch, sense of address or any transitional space. It is considered that this is symptomatic of the proposal being an overdevelopment of the site.

B27

Daylight to new windows

P

P

 

B28

Private open space

x

x

It is considered that the proposed ‘apartment style’ balcony to each townhouse dwelling does not provide a satisfactory level of useability in relation to both size and solar access. Further, the extensive screening to prevent overlooking limits the usability and amenity of the space, and the availability of daylight and   outlook for each of the respective living areas. The site does not have convenient access to public or communal open space and it is considered that given the north-south orientation of the lot, that the proposed balcony private open space is symptomatic of the proposal being an overdevelopment.

B29

Solar access to open space

P

P

 

B30

Storage

P

P

 

B31

Design detail

x

x

The development does not encourage design detail that respects the existing or preferred neighbourhood character. The design response will result in a visually bulky development which is not considered an acceptable example of high design quality or design that responds to the constraints of the site.

 

While the mixture of materials assists in breaking up some of the bulk along the east elevation, there is no compositional logic to the façade design.  The façade should read as a cohesive whole, not change approach for each level.  Similarly the continuous roof façade along the west elevation is considered unacceptable and unimaginative.

 

The vast majority of habitable room windows of each dwelling have not been designed to avoid direct views into the secluded private open space of adjoining properties or each other.

 

As such, extensive screening and/or high-lite windows have been provided in order to prevent overlooking. In addition, the balconies, while larger than the 8m2 required, are all screened to a height of 1.7m. This treatment detrimentally impacts on internal access to daylight, and the amenity of the habitable rooms and secluded private open space of the proposed dwellings.

 

The size, narrowness and north-south orientation of the site compromises the successful delivery of the high level design detail required under the HDS.

 

B32

Front fences

N/A

N/A

 

B33

Common property

P

P

 

B34

Site services

P

P

 

CAR PARKING 

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

 

Dwelling No.

No. of bedrooms

Car spaces required

Car spaces provided

Complies

1

2

1

1

Y

2

2

1

1

Y

3

2

1

1

Y

4

2

1

1

Y

5

2

1

1

Y

6

2

1

1

Y

Visitor Car Space

 

1

1

Y

 

Garages should be at least 6.0m long and 3.5m wide for a single space 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 proposed garages and open visitor car space comply with these requirements.

The car parking arrangement for Dwellings Nos. 4 and 6 and the visitor car space are considered inconvenient and unworkable.  Turning circles have been applied and Council’s Traffic Engineers have reviewed the proposal and confirmed that the proposed vehicle swept paths do not satisfy Clause 52.06 of the Whittlesea Planning Scheme. 

The car parking configuration and location for Dwellings Nos. 4 and 6 and the visitor car space is unsatisfactory and the entire design response of the development would need to be redesigned to ensure satisfactory compliance.

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.

Comments on Grounds of Objection

1.   The multi-storey nature of the development not in keeping with the neighbourhood character

There are minimal examples of similar double storey built form in the immediate vicinity of the site and no examples of triple storey built form. It is considered that the combination of the sheer, continuous built form and the significant front setback reduction does not integrate well with the existing housing stock and presents a poor design response in the context of the site and surrounds, and the existing and preferred neighbourhood character.  Accordingly, this ground can be substantiated.

 

2.   The development will result in an increase in traffic and parking problems putting residents at risk (potentially hindering emergency vehicle access to Highlands Street)

The proposal provides for seven off street car spaces.  However, the workability and convenience of these spaces is assessed as unsatisfactory and contrary to the requirements of Clause 52.06 and 55.03-10 of the Whittlesea Planning Scheme.  As such, this is considered to be a valid ground and can be substantiated.

 

3.   A loss of privacy and increased overlooking potential

In order to prevent overlooking opportunities within the development, the design response proposes extensive screening that detrimentally impacts on internal access to daylight and the amenity of the upper level habitable rooms of the proposed dwellings. The extent of proposed screening does not offer an innovative design outcome which could potentially negate the need for extensive screening while still meeting Standard B22. This results in a ‘clunky’ and overbearing development in which Dwelling Nos. 2-5 will not have a reasonable internal amenity outcome for future occupants. Therefore it is considered, on balance, that this ground of objection can be substantiated.

 

4.   Loss of quality of life

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 a residential use of land in an established residential area – therefore it is not envisaged that the residential use will result in a ‘loss of serenity’ in the locality.  The total number of people residing on the land is not a specific 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 has been assessed against the Whittlesea Planning Scheme and in particular the objectives and standards of Clause 52.06 and Clause 55.  While a number of objectives and standards of Clause 55 have been satisfactorily met, it is considered that the severity of the non-compliances in relation to neighbourhood character, residential policy, street setback, energy efficiency, safety, landscaping, parking location, overlooking, dwelling entry, private open space and design detail and Clause 52.06 cannot be remedied without a complete redesign of the proposal.  It is considered that the proposed development does not make a positive contribution to the neighbourhood, and fails to achieve key objectives in relation to neighbourhood character.  Accordingly, it is recommended that Council refuse the application.

Recommendation

THAT Council resolve to Refuse Planning Application No. 715674 and issue a Refusal to Grant a Planning Permit for construction of six dwellings comprising two double-storey and four triple-storey dwellings at 10 Hylands Road, Thomastown on the following grounds:

1.       The proposal is considered an overdevelopment of the site that will be to the detriment of the neighbourhood character and onsite amenity.

2.       The proposal does not comply with Clause 52.06 of the Whittlesea Planning Scheme.

3.       The proposed development does not achieve satisfactory compliance with the following:

(a)     Clause 55.02-1 (Neighbourhood Character).

(b)     Clause 55.02-2 (Residential Policy).

(c)     Clause 55.03-1 (Street Setback).

(d)     Clause 55.03-5 (Energy Efficiency).

(e)     Clause 55.03-7 (Safety).

(f)      Clause 55.03-8 (Landscaping).

(g)     Clause 55.03-10 (Parking Location).

(h)     Clause 55.04-6 (Overlooking).

(i)      Clause 55.05-2 (Dwelling Entry).

(j)      Clause 55.06-1 (Design Detail).

 

 

 

 

Council Resolution

Moved:                       Cr Griffin

Seconded:               Cr Kirkham

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

Carried

 


Ordinary Council Minutes                                                                      Tuesday 7 June 2016

 

6.1.3    249 Holt Parade, Thomastown - Use of the land for vehicle store (retrospective) and associated works

File No:                                  715573

Attachments:                        1        Locality Maps  

2        Development Plans    

Responsible Officer:           Director Planning & Major Projects

Author:                                  Planning Officer Established Areas Planning   

 

APPLICANT:                                  Bricktrans Pty Ltd

COUNCIL POLICY:              22.09     Industrial Development Policy

ZONING:                               Industrial 1 Zone

OVERLAY:                            Development Contributions Plan (Schedule 3)

REFERRAL:                          Nil

OBJECTIONS:                      Four (three outside municipality)

RECOMMENDATION:         That Council approve the application.

Report

EXECUTIVE Summary

The applicant is retrospectively applying to use the land as a vehicle store. The business associated with the site specialises in delivery of bricks, tiles and scaffolding (non-hazardous goods). The purpose of the use of the land is to park/store the vehicles associated with the business while not in operation.

Advertising of the proposal resulted in four objections being received. The grounds of objection relate to trucks parked on Holt Parade, dirt, mud, dust and noise emissions produced onsite affecting nearby properties, trucks parked up to the common boundary with residential properties, and lack of time provided for notification of the application.

The entire site is located within a high voltage power line easement. The application was referred to AusNet Services (AusNet Transmission Group) and it has no objection to the proposal subject to the inclusion of several conditions on any permit issued. The application was also referred to Environmental Protection Authority. They have no objection but recommend that Council consider the inclusion of a number of amenity conditions as part of any approval.

The proposal demonstrates a satisfactory level of compliance with the Industrial Development Policy (Clause 22.09), Industrial 1 Zone (Clause 33.01), Car Parking (Clause 52.06) of the Whittlesea Planning Scheme subject to compliance with conditions of any approval granted.

On the basis of the assessment against relevant provisions of the Whittlesea Planning Scheme, it is recommended that Council approve the application.

SITE AND SURROUNDING AREA

The subject site (Attachment 1) is located on the southern side of Holt Parade, Thomastown and is (for the most part) rectangular in shape (a public utility reserve exists in the north-western corner of the site).  The site has a frontage of 40.04m, a length of 94.6m (eastern boundary) and a total site area of 4163m2.

There is a portable office located in the rear south west corner of the site, and three shipping containers located around the perimeter of the site.

The site has sealed driveway access, however the remainder of the site and parking areas are gravel.

The site is located directly below high voltage power transmission lines.

 

The site is located within an established industrial area to the north, east and west. The site adjoins an established residential area located in the City of Darebin to the south.

Vegetation on site is limited to some areas of grass and two established non-native trees in the south-western corner.  Chain wire mesh fencing exists around the perimeter of the site to the north, east and west with heights varying between 2.3m-2.7m, and a timber paling fence exists to the rear (south). 

restrictions and easements

The site is legally described as Lot 21 on Plan of Subdivision 404481E. The subject site is affected by various easements related to transmission of electricity and drainage.

Section 173 Agreement P563602U affects the site restricting the uses of lots 5 to 13 contained in the subdivision. Additionally, it restricts any building within 6.5m of the rear boundary to provide and maintain landscaping.

 

There are no restrictions on title that preclude Council from determining the application subject to the retention of at least a 6.5m wide landscape buffer to the rear (south) of the site.

HISTORY

There is a history of planning enforcement on the site dating back to 2010 relating to the unlawful storing of vehicles on the site. 

 

Council has received a number of complaints from the local community about the subject site, specifically in relation to the unlawful storing of vehicles on the site, and in relation to dirt, dust and noise emissions from the site, particularly affecting the adjoining residential area to the south (within City of Darebin).

 

The current application has been submitted to seek formal approval for use of the land for a vehicle store.

Proposal

The applicant proposes to use the land as a vehicle store (Attachment 2). The business associated with the site specialises in delivery of bricks, tiles and scaffolding (non-hazardous goods). The purpose of the use of the land is to park/store the vehicles associated with the business while not in operation. No goods are proposed to be stored on the site.

The use operates between 4.00am to 5.30pm.

The vehicles leave in the morning and return in the afternoon and there is no dispatch or manufacture from the premises, and no person or vehicles are on the site between 6.00am and 3.00pm.

A total of 18 on-site car parking spaces cater for employees and visitors. There are 14 trucks expected on the site including the business operator (totalling to a maximum of 15 car spaces taken at any one time). The trucks comprise of small rigid tray trucks, larger trucks and trailer tray trucks. Trucks and trailers are approximately 19.0m x 2.3m with rigid trucks measuring 9.0m x 2.3m. There are 14 ‘vehicle store’ truck parking spaces proposed in addition to the 18 car parking spaces. These spaces are proposed to be setback 9.5m from adjoining residential properties to the rear. The applicant has advised that some goods (such as new bricks associated with the business) can be stored overnight on the site within/on the trucks.

A portable office measuring approximately 6.0m x 4.0m exists on the western boundary, in the south west corner of the site which is to be retained. The office is used informally for the storage of miscellaneous goods associated with the business and is not utilised as a space for employees or for book-keeping purposes.

Three (3) shipping containers exist on the site. The applicant states that these containers are used informally for the storage of truck tyres, filters, oil, and spare parts. The applicant has confirmed that no chemicals or hazardous material is stored on the site or within the shipping containers.

There is existing chain-wire fencing surrounding the boundaries of the site with heights between 2.3m and 2.8m with the exception of the rear boundary which has a 1.8m high timber paling fence, separating the site from residential properties.

A 6.0m wide landscaping strip is proposed in the front (northern) setback of the site. A landscape buffer of 6.5m is proposed to the rear (south) of the site. A concept landscape plan has been submitted which shows a number of medium canopy trees in the front setback, and some landscaping along the rear (southern) boundary.

Public Notification

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

1.   Trucks parked on street (Holt Parade) and blocking driveway of nearby businesses

2.   Dirt and mud residue left on Holt Parade in association with the trucks stored onsite

3.   Dust produced onsite affecting nearby residential properties and causing health issues

4.   Trucks parked up to the common boundary with residential properties and noise of trucks in early hours of morning

5.   Lack of time provided for notification of the application

 

REFERRALS

External

AusNet Services

This application was referred to AusNet Services (AusNet Transmission Group) pursuant to Section 55 of the Planning and Environment Act 1987 due to the proposal being located within high voltage power line easements. AusNet Services did not object to the application subject to the inclusion of conditions on any approval granted restricting certain activities and buildings/works.

 

Environmental Protection Authority (EPA)

 

This application was referred to pursuant to Section 52 of the Planning and Environment Act 1987. EPA has no concern with Council issuing the planning permit, however it recommends that Council consider conditions for inclusion in the planning permit which will protect offsite amenity.

 

PLANNING ASSESSMENT

 

The following State Planning Policies, Local Planning Policies and particular provisions of the Whittlesea Planning Scheme (the Scheme) are considered relevant to this application.

State Planning Policies

Design of Industrial Development (Clause 17.02-2)

 

The objective of this Clause is to facilitate the sustainable development and operation of industry and research and development activity.

 

It is considered that the proposed land use for a vehicle store is a reasonable outcome for the restricted industrial site (given that electricity easements cover the site thereby restricting other forms of use and development).

Local Planning Policies

Industrial Development Policy (Clause 22.09)

 

The objective of Council’s Industrial Development Policy is to achieve well designed, quality industrial developments that are suitably located so as to meet stated economic development objectives.

 

It is considered that subject to the inclusion of conditions on any approval granted that the proposal is a reasonable outcome for the reasons set out above. 

 

An assessment of the proposal against the requirements of this Clause is provided below:

It is policy to:

 

·        Ensure that the scale and appearance of all buildings and works is consistent with the purpose of the zone, site location, and surrounding land uses.

The proposal is an allowable use within the Industrial 1 Zone, and is one of only a few allowable uses for sites located beneath high voltage transmission lines. Nevertheless, a good design outcome is expected which meets the objectives of this Policy. Given that the site directly adjoins residential properties to the south, the use of the site is further constrained.  Given the sensitive (residential) interface to the site it is appropriate to impose conditions/restrictions on any planning approval to protect their amenity. Relevant conditions relate to setbacks, landscaping, fencing, noise restrictions and sealing of ground surfaces. 

·        Encourage appropriate landscape and building setbacks that enhance and / or improve the appearance of industrial areas.

The proposed 6.0m wide landscape setback to the frontage of Holt Parade is considered sufficient area to provide an appropriate landscape outcome to enhance and improve the appearance of the industrial site, particularly with the provision of ‘transparent’ chain mesh fencing. A 6.5m rear (southern) setback is also required in accordance with the Section 173 Agreement registered on title.

It is noted that the applicant proposes a minimum 9.5m wide rear (southern) setback. A condition of any approval granted will require the submission of a detailed landscape plan prepared by a suitably qualified person which also considers the transmission easement restriction.

·        Ensure landscape plans are provided, showing:

o   an automatic sprinkler irrigation system;

o   simple landscaping which includes provision of lawn and high canopy trees especially along front setbacks;

o   provision of trees in carpark areas; and

o   preservation of existing trees on site.

The application has indicated concept landscaping on the site. A condition of any approval granted will require the submission of a detailed landscape plan prepared by a suitably qualified person.

Zoning and Overlay Provisions

Industrial 1 Zone (Clause 33.01)

The site is affected by the Industrial 1 Zone. The objectives of this zone include providing for manufacturing industry, the storage and distribution of goods and associated uses in a manner that does not affect the safety and amenity of local communities.

 

Subject to the inclusion of conditions on any approval granted, the proposal is considered to be generally in accordance with the purpose and objectives of this zone, and responds to the street character of the surrounding industrial area. It is acknowledged that the site is compromised by the transmission line easement, and use and development of the site is considerably restricted.

 

Industrial estate amenity

 

To ensure that the use operates harmoniously with regard to the surrounding industrial uses it is considered necessary to impose conditions on any approval granted particularly the submission of revised plans which show a number of changes in relation to landscaping, fencing, and the sealing of surfaces (to prevent offsite amenity impacts).

 

While the proposal is considered a reasonable outcome for the restricted industrial site, the effect of the use on the industrial road network by way of residue on the local road network (due in most part to the internal gravel surfacing) is considered unsatisfactory in relation to mud deposits on the road network and other detrimental emissions from the site. Therefore, a condition of any approval granted will require all areas proposed for the parking or accessing of vehicles to be sealed with an appropriate impervious surface, and line-marked accordingly, to the satisfaction of the responsible authority.  The formalisation of the parking areas is likely to result in more efficient and orderly use of the site which should reduce inclination to park on the roadway.

 

Residential interface amenity

 

The unlawful use of the land for a vehicle store has an enforcement history of previous amenity impacts, particularly in relation to the adjoining residential properties. Therefore, it is considered necessary to impose a condition requiring the submission of an acoustic report prepared by a suitably qualified person demonstrating satisfactory levels for noise emissions associated with the use of the land, or provision of broadband reverse beepers or similar to all vehicles associated with the site, to the satisfaction of the Responsible Authority.

It is considered that the inclusion of these conditions along with sealing the surface should minimise offsite amenity impacts relating to dust and noise.

 

It is considered that the development provides sufficient opportunities for landscaping particularly within the 6.0m wide landscape buffer in the frontage to Holt Parade and the 9.5m wide landscape buffer to the rear (south) of the site. Landscaping will also assist in providing a buffer between the subject site and the residential properties to the rear.

 

Subject to the inclusion of conditions of any approval granted, it is considered that the application is generally consistent with the zoning of the land and with the State and Local Planning Policy Frameworks.

 

Development Contributions Plan Overlay Schedule 3 (Clause 45.06)

The site is affected by the Development Contributions Plan Overlay (Schedule 3).  The schedule to the overlay requires development contributions for drainage infrastructure for industrial/warehouse developments at a rate of $3.50 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.

Particular Provisions

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.  There is no definable car parking rate listed in this clause for a ‘vehicle store,’ however this definition falls within ‘store’ pursuant to Clause 74 of the Whittlesea Planning Scheme. 

 

Pursuant to clause 52.06 of the Whittlesea Planning Scheme, the following car parking rates are required for the proposed development:

 

Proposed Use

Clause 52.06

Car Parking Rate

Size/No.

No. of Spaces required

No. of Spaces provided

Total Planning Scheme Shortfall

Vehicle Store

 

 

10 per cent site area

Site area = 4163m2

10 percent site area =416.3m2

32

32

0

 

Council’s City Development Department and the Environmental Protection Authority have expressed some concern in relation to the unsealed nature of the area proposed to conduct the use. Given the high number of vehicle movements expected on the site in association with the use, and the immediate proximity of the site to residential properties to the south, it is considered appropriate to impose a condition on any approval granted requiring the provision of a sealed surface for the car parking area and the internal accessway, to the satisfaction of the Responsible Authority. It is considered that the provision of landscaping in the front setback (north) and to the rear (south) of the property will provide sufficient pervious area.

 

Comments on Grounds of Objection

1.   Trucks parked on street (Holt Parade) and blocking driveway of nearby businesses

The conduct of individuals on public land or within the road network in relation to the parking of vehicles or blocking accessways is an issue to be addressed under separate cover (Local Laws and the Victoria Police).

However, it is noted that designated car parking has not been provided on the subject site previously. Given that there are 32 formal parking spaces proposed to be provided on site satisfying the requirements of Clause 52.06, this ground of objection cannot be substantiated. 

 

2.   Dirt and mud residue left on Holt Parade in association with the trucks stored onsite

A condition of any approval granted will be included to require the appropriate treatment of any trucks entering/existing the site to remove residue so as to not impact upon the local road network. This will require the provision of a sealed surface for the car parking area and accessway, to the satisfaction of the Responsible Authority.  It is noted that the existing crossovers providing access to the site are sealed. It is considered that the inclusion of conditions requiring the provision of a sealed surface for the car parking area and accessway will rectify the grounds of this objection.

 

3.   Dust produced onsite affecting nearby residential properties and causing health issues

A condition of any approval granted will be included requiring the provision of a sealed surface for the car parking area and accessway thereby eliminating the issue of dust emissions from the site. It is considered that the inclusion of this condition will rectify the grounds of this objection.

 

4.   Trucks parked up to the common boundary with residential properties and the noise of trucks in early hours of morning

Currently onsite it appears that there is a 4.0m wide buffer to the rear (south). A landscape buffer of a minimum width of 6.5m is required to the rear (southern) property boundary adjoining residential properties pursuant to Section 173 Agreement registered on the title. The plans provide an increased setback of 9.5m, thereby reducing the impact on residents to the south. It is considered that this is a sufficient distance to minimise disturbance to the adjoining properties, subject to the inclusion of other conditions of approval in relation to amenity. Furthermore, an acoustic report will be submitted as per condition requirement. It is considered that the inclusion of standard conditions related to amenity will rectify the grounds of this objection.

 

All noise emissions from the premises must comply with the requirements of the State Environment Protection Policy (Control of Noise from Commerce, Industry and Trade) No. N-1. This will be included as a condition of any approval granted. Council has referred the application to the Environmental Protection Authority (EPA) under Section 52 of the Planning and Environment Act 1987 and they have recommended a number of conditions to include in any approval granted. They have particularly recommended that the vehicles used on the site be fitted with broadband reverse beepers or similar to reduce impacts to the nearby residents.

 

Adherence to noise restrictions can be monitored through the inclusion of this condition, however a further condition requiring the applicant to either submit an acoustic report to confirm satisfactory noise emissions from the site or provision of broadband reverse beepers or similar to all vehicles associated with the site will also be included. It is considered that the inclusion of these conditions related to amenity will rectify the grounds of this objection.

 

 

 

5.   Lack of time provided for notification of the application

 

The Planning and Environment Act 1987 requires a period of advertising to occur for no less than 14 days. The applicant has provided a signed Statutory Declaration to Council confirming that notice was undertaken for a minimum of 14 days. Therefore, it is considered that this 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 Council’s Industrial Development Policy (Clause 22.09), Industrial 1 Zone (Clause 33.01), Development Contributions Plan Overlay Schedule 3 (Clause 45.06), and Car Parking (Clause 52.06).

The proposal demonstrates a satisfactory level of compliance subject to minor modifications as outlined and subject to sealing the car parking and accessway areas and providing either an acoustic report or provision of noise reduction measures to the satisfaction of the Responsible Authority.  Subject to the inclusion of conditions of permit, it is considered that the proposal will not have a detrimental impact on the character of the area nor on existing surrounding industrial properties and accordingly, approval of the application is recommended.

Recommendation

THAT Council resolve to approve Planning Application No. 715573 and issue a Notice of Decision to Grant a Permit for Use of the land for vehicle store (retrospective) and associated works at 249 Holt Parade, Thomastown in accordance with the endorsed plans and subject to the following conditions:

1.       Prior to the endorsement of the plans/reports required under Condition Nos. 2 and 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.       Within three (3) months of this permit being issued, three copies of a revised plan and/or a report must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit.  The plans must be drawn to scale with dimensions and three copies must be provided. 

          The plans must be generally in accordance with the advertised plans, but modified to show:

 

(a)     Provision of a sealed surface for the car parking area and accessway to the satisfaction of the Responsible Authority in accordance with Condition No. 4 of this permit;

(b)     Any modifications required to fencing in response to recommendations of the acoustic report required by Condition 2 (d) of this permit;

(c)     Dimensions (maximum length, width, height and setbacks to boundaries) of the office and shipping containers;

(d)      Submission of an acoustic report prepared by a suitably qualified person demonstrating satisfactory levels for noise emissions associated with use of the land for a vehicle store or provision of broadband reverse beepers or similar to all vehicles associated with the site, to the satisfaction of the Responsible Authority;

(e)     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 to the satisfaction of the Responsible Authority;

(f)      Landscaping Plan as required in condition 3 of this permit.

3.       Within three (3) months of the permit being issued, 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.  The plan must include appropriate varieties of plant species which must not exceed 3.0m in height, to the satisfaction of the Responsible Authority.  

4.       Within six (6) months of this permit being issued, all car parking areas and access ways must be drained and sealed to the satisfaction of the Responsible Authority.

5.       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.

6.       Noise emissions from the premises must comply with the requirements of the State Environment Protection Policy (Control of Noise from Commerce, Industry and Trade) No. N-1.

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.       Within six months of this permit being issued, 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.

9.       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.

10.     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.

11.     Any litter generated by 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.

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

13.     The landscaping shown on the endorsed plans must be maintained to the satisfaction of the responsible authority, and any dead, diseased or damaged plants are to be replaced. 

AusNet conditions (14-19)

14.     The fuelling of vehicles is not permitted on AusNet Transmission Group’s easement.

 

15.     Vehicles and equipment exceeding 3 metres in height are not usually permitted on electricity transmission easements. However, vehicles up to a height of 4.3 metres are acceptable at this site given the vertical clearances available to the overhead conductors (lines).

16.     All trees and shrubs planted on the easement must not exceed 3 metres maximum mature growth height.

17.     The storage of flammable materials is not permitted on the easement.

18.     Natural ground surface levels on the easement must not be altered by the stockpiling of excavated material or by landscaping without prior written approval from AusNet Transmission Group.

19.     Details of all future works within the easement must be submitted to AusNet Transmission Group and approved in writing prior to the commencement of work on site.

 

20.     This permit will expire if:

(a)     The works approved do not start within three (3) months of the date of this permit; or

(b)     The works are not completed within six (6) months of the date of this permit; or

(c)     The approved use ceases for a period of two (2) years.

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.

 

Council Resolution

Moved:                       Cr Kirkham

Seconded:               Cr Alessi

 

THAT Council resolve to defer the item to a subsequent Council Meeting.  

Carried

 

 

 


Ordinary Council Minutes                                                                      Tuesday 7 June 2016

 

6.1.4    7 Alexander Avenue, Thomastown - Construction of Four Dwellings

File No:                                  715303

Attachments:                        1        Locality Maps  

2        Development Plans    

Responsible Officer:           Director Planning & Major Projects

Author:                                  Senior Planning Officer   

 

APPLICANT:                                  DC Building Design

COUNCIL POLICY:              Housing Diversity Strategy

ZONING:                               Residential Growth 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 single storey dwelling and construct four double storey dwellings.  All four dwellings will be accessed from the existing crossover near the western side boundary.

Notification of the proposal resulted in one objection being received.  The grounds of objection relate to a lack of on-street car parking and overlooking. 

The proposal demonstrates a satisfactory level of compliance with the provisions of Clause 55 of the Whittlesea Planning Scheme, including the objectives relating to neighbourhood character, site coverage, permeability and overlooking.  The proposal requires minor modifications to protect the amenity of new residents within the development, which can be addressed as conditions of any permit issued.     

The Housing Diversity Strategy (HDS) nominates the subject site as being within a Neighbourhood Renewal 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 HDS, it is recommended that Council approve the application.

SITE AND SURROUNDING AREA

The subject site is a residential property located on the southern side of Alexander Avenue Thomastown, approximately 90m east of Station Street (see Attachment 1)

 

The subject site is regular in shape, with a frontage to Alexander Avenue of 15.2m and a depth of 44.5m resulting in a total site area of 677m².  The subject site has a marginal fall of 0.5m from the north-western front boundary corner to the south-eastern rear boundary corner. 

The subject site currently contains a single storey dwelling and detached garage.  The subject site also supports a variety of vegetation both within the front setback and rear secluded private open space. 

Directly to the east and south west are single dwelling developments.  Directly to the north, south and west are multi dwelling developments.

The surrounding area is characterised by predominately single storey dwellings constructed from brick with tiled roofs.  Numerous examples of medium density development within the immediate vicinity include Nos. 1, 3, 5, 8, 10, 15, 17, 20 and 21 Alexander Avenue, Nos. 160, 162, 168, 174 and 184 Station Street and Nos. 2, 3, 4, 7, 8, 9, 10 and 13 Dorothy Avenue.    

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

·    Bus Route 559 – Thomastown (110m west).

·    Thomastown Train Station (110m west). 

·    High Street Strip Shops (200m west).

·    Thomastown Primary School (280m southwest).

·    Nick Ascenzo Reserve (980m east). 

restrictions and easements

The subject site is legally described as Lot 19 on Plan of Subdivision 011279.  There are no restrictions on Title that preclude Council from determining the application.  The subject site is affected by a 1.8m wide drainage and sewerage easement that traverses the rear southern boundary of the site.

Proposal

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

 

All four dwellings will contain open plan kitchen, meals / living areas and a powder room on the ground floor and two bedrooms and a bathroom on the first floor.  Each dwelling will have access to one car parking space within a shared carport accessed from the existing crossover and shared accessway along the western side 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

2

6.2m front (north), 3.5m side (west), 4.0m side (east)

91m2

(Including 25m2 of Secluded Private Open Space)

Single carport (6.0m x 3.5m)

6.9m

(overall)

Dwelling No. 2

Double Storey

2

4.1m side (west), 3.2 side (east)

43m2

(All Secluded Private Open Space)

Single carport (6.0m x 3.5m)

6.6m

(overall)

Dwelling No. 3

Double Storey

2

4.1m side (west), 3.2m side (east)

42m2

(All Secluded Private Open Space)

Single carport (6.0m x 3.5m)

6.6m (overall)

Dwelling No. 4

Double Storey

2

1.8m rear (south), 4.6m side (west), 1.0m side (east)

52m2

(All Secluded Private Open Space)

Single carport (6.0m x 3.5m)

6.6m (overall)

Public Notification

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

1.       A lack of on-street car parking. 

2.       Overlooking.

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

P

P

Dwelling No. 1 will be setback 6.2m from Alexander Avenue and will contain a double fronted façade.  This is consistent with the existing and preferred neighbourhood character. 

B2

Residential Policy

P

P

It is considered the proposal is generally in accordance with Council’s Housing Diversity Strategy, noting the site is located within a Neighbourhood Renewal Change Area.  The proposal includes reduced front setbacks, while still maintaining opportunities for landscaping in accordance with the key design principles for the area. 

B3

Dwelling Diversity

N/A

N/A

Only applicable to developments of ten or more dwellings. 

B4

Infrastructure

P

P

 

B5

Integration with the Street

P

P

 

B6

Street Setback

P

x

Dwelling No. 1 should be setback 7.2m from Alexander Avenue, however Dwelling No. 1 will only be setback 6.2m from Alexander Avenue.  It is considered the setback proposed is consistent with the preferred reduced front setbacks for the area as identified in the key design principles of Council’s Housing Diversity Strategy

B7

Building Height

P

P

 

B8

Site Coverage

P

P

 

B9

Permeability

P

P

 

B10

Energy Efficiency

P

x

It is considered the energy efficiency of Dwelling Nos. 2 and 4 could be further improved with the provision of north facing windows to the ground floor living areas of both dwellings and the first floor bedroom 1 window of Dwelling No. 2.  It is considered reasonable to impose conditions on any permit issued to address this matter.  

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

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

P

x

The ground floor living room windows of Dwelling Nos. 1 and 2 as well as the ground floor kitchen window of Dwelling No. 3 are not setback the required 1.0m from the shared accessway.  It is considered reasonable to impose a condition on any permit issued for these dwellings to be re-sited 0.4m – 0.5m to provide the necessary landscape buffer.   

B15

Parking Location

P

P

 

B17

Side and Rear Setbacks

P

P

 

B18

Walls on Boundaries

N/A

N/A

 

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

x

The ground floor powder rooms of Dwelling Nos. 2, 3 and 4 should be provided with an external window for daylight, which can form a condition of any permit issued.  

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

N/A

N/A

 

B33

Common Property

P

P

 

B34

Site Services

P

P

 

CAR PARKING 

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

Dwelling No.

No. of Bedrooms

Car Spaces Required

Car Spaces Provided

Complies

Dwelling No. 1

2

1

1

Yes

Dwelling No. 2

2

1

1

Yes

Dwelling No. 3

2

1

1

Yes

Dwelling No. 4

2

1

1

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.

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.       A lack of on-street car parking. 

The proposal has provided the required car parking spaces on the site.  Furthermore, it is considered the vehicle trips generated from the proposal will not impact on the functionality of Alexander Avenue.  Accordingly, this ground of objection cannot be substantiated. 

2.       Overlooking.

1.8m high paling fences will minimise ground floor overlooking, while highlight windows or partially obscure windows will minimise first floor 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 Housing Diversity Strategy and 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. 715303 and issue a Notice of Decision to Grant a Permit for the construction of four dwellings at 7 Alexander 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 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.       (a)     Prior to the endorsement of the plans required under Condition No. 3 of this   Permit, or at such later date as the Responsible Authority may approve in     writing, there must 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.

(b)     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 revised plans must be submitted to and approved by the Responsible Authority, showing:-

(a)     The provision of north facing windows to the ground floor living areas of Dwelling Nos. 2 and 4 and the first floor bedroom 1 window of Dwelling No. 2;

(b)     The ground floor living room windows of Dwelling Nos. 1 and 2 and the ground floor kitchen window of Dwelling No. 3 setback 1.0m from the shared accessway in accordance with Clause 55.03-9 of the Whittlesea Planning Scheme; and

(c)     An external window for the ground floor powder rooms of Dwelling Nos. 2, 3 and 4.

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

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

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

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

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

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

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

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

12.     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, 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.

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

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

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

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

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

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

20.     During the construction phase, a truck wheel washing facility or similar device must be installed and used to the satisfaction of the Responsible Authority so that vehicles leaving the site do not deposit mud or other materials on roadways. Any mud or other materials deposited on roadways as a result of construction works on the site must be cleaned to the satisfaction of the Responsible Authority within two hours of it being deposited.

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

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

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

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


Notes

Advanced Trees

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

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

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

Easements

No structure may be built over an easement on the subject site without the consent of the relevant Responsible Authority.

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.

motion

Moved:                       Cr Pavlidis

Seconded:               Cr Spinelli

 

THAT Council resolve to refuse Planning Application No. 715303 and issue a Refusal to Grant a Planning Permit for the construction of four double storey dwellings at 7 Alexander Avenue, Thomastown, on the following grounds:

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

a)    Clause 55.02-1 (Neighbourhood Character)

b)    Clause 55.03-1 (Street Setback)

c)    Clause 55.03-5 (Energy Efficiency)

d)    Clause 55.03-9 (Access)

e)    Clause 55.05-3 (Daylight to New Windows)

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

 

LOST

 

Division

Immediately after the motion was voted on, Cr Pavlidis called for a division which resulted in the following votes being recorded.

 

For

Cr Pavlidis

Cr Spinelli

Cr Sinclair

Cr Alessi

Against

Cr Kozmevski

Cr Griffin

Cr Stow

Cr Kirkham

Cr Harris

Cr Kelly

Cr Lalios

Abstained

Nil

Based on the votes cast during the Division, the motion was lost.

Council Resolution

Moved:                       Cr Kirkham

Seconded:               Cr Kelly

 

THAT Council resolve to approve Planning Application No. 715303 and issue a Notice of Decision to Grant a Permit for the construction of four dwellings at 7 Alexander 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 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.       (a)     Prior to the endorsement of the plans required under Condition No. 3 of this          Permit, or at such later date as the Responsible Authority may approve in         writing, there must 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.

(b)     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 revised plans must be submitted to and approved by the Responsible Authority, showing:-

(a)     The provision of north facing windows to the ground floor living areas of Dwelling Nos. 2 and 4 and the first floor bedroom 1 window of Dwelling No. 2;

(b)     The ground floor living room windows of Dwelling Nos. 1 and 2 and the ground floor kitchen window of Dwelling No. 3 setback 1.0m from the shared accessway in accordance with Clause 55.03-9 of the Whittlesea Planning Scheme; and

(c)     An external window for the ground floor powder rooms of Dwelling Nos. 2, 3 and 4.

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

 

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

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

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

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

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

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

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

12.     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, 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.

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

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

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

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

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

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

20.     During the construction phase, a truck wheel washing facility or similar device must be installed and used to the satisfaction of the Responsible Authority so that vehicles leaving the site do not deposit mud or other materials on roadways. Any mud or other materials deposited on roadways as a result of construction works on the site must be cleaned to the satisfaction of the Responsible Authority within two hours of it being deposited.

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

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

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

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


Notes

Advanced Trees

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

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

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

Easements

No structure may be built over an easement on the subject site without the consent of the relevant Responsible Authority.

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.

Carried

 


Ordinary Council Minutes                                                                      Tuesday 7 June 2016

 

6.1.5    97 Cyprus Street, Lalor - Construction of Three Dwellings

File No:                                  715585

Attachments:                        1        Locality Maps  

2        Development Plans    

Responsible Officer:           Director Planning & Major Projects

Author:                                  Planning Officer   

 

APPLICANT:                                  Ikonomidis Reid

COUNCIL POLICY:              Housing Diversity Strategy

ZONING:                               General Residential Zone

OVERLAY:                            Development Contributions Plan Overlay

REFERRAL:                          Nil

OBJECTIONS:                      Nil

RECOMMENDATION:         That Council refuse the application.

Report

EXECUTIVE Summary

The applicant proposes to demolish the existing dwelling and construct three, single-storey dwellings.  One new vehicle crossing is being proposed to facilitate the development and will service Dwelling No. 1 along the north and east boundaries.  Dwelling Nos. 2 and 3 will be serviced by the existing concrete crossing and a common internal driveway along the north and west property boundaries.

Advertising of the proposal resulted in no objections being received.

The proposal fails to meet many of the objectives and standards of Clause 55 of the Whittlesea Planning Scheme including neighbourhood character, residential policy, landscaping, access, dwelling entry and private open space.

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 have provided the applicant with an option to reduce the number of dwellings from three to two.  The applicant however has advised Council officers that they wish to proceed with the current application.

On the basis of the non-compliance 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 side of Cyprus Street, approximately 17.0m east of Ash Street, Lalor (see Attachment 1). 

The site is a regular shaped allotment and provides a frontage to Cyprus Street of 15.2m and a depth of 42.6m, giving a total site area of approximately 650m².  The site is relatively flat and contains a detached single storey brick dwelling with a tiled hipped roof.  Vehicular access to the site is provided via a single crossover located along the north and west property boundaries.  There is no vegetation of significance contained within the site.

The surrounding area is generally characterised by residential land uses with the existing single storey dwelling being typical of the prevailing built form within the surrounds.  There are a number of multi-dwelling developments within the immediate vicinity of the subject site (see Attachment 1).

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

·    Lorne Park (110m north).

·    Lorne Street Shops (115m northeast).

·    Dalton Road Maternal & Child Health Centre (200m east).

·    Lalor Secondary College (215m north).

·    Dalton Road Neighbourhood Park (280m east).

·    Bus 556 Epping Plaza Shopping Centre via Dalton Road (280m northeast).

·    Lalor East Primary School (600m east).

·    St Lukes Primary School (700m northwest).

restrictions and easements

The Certificate of Title for the property shows that the site is not affected by any encumbrances or restrictions.  A 2.5m wide service easement is located along the southern (rear) property boundary.

Proposal

It is proposed to construct three single storey dwellings on the subject land.  Dwelling No. 1 will have street frontage to Cyprus Street and Dwelling Nos. 2 and 3 will be situated to the rear of Dwelling No. 1 in a tandem arrangement (see Attachment 2).

Each dwelling will comprise a similar floor plan with a varied configuration.  The dwellings will contain two bedrooms, an open plan kitchen/meals/living area, a bathroom and laundry facilities.  The dwellings will be provided with a minimum of one covered car space with Dwelling No. 1 provided with an additional open car space in tandem within the front setback.  Each of the dwellings has been provided with private open space and secure external storage accessible from their respective living areas.

Vehicle access to Dwelling No. 1 will be provided via a new concrete crossing located along the north and east property boundaries and Dwelling Nos. 2 and 3 will be serviced via the existing concrete crossing and common internal driveway along the north and west property boundaries.

In terms of external colours, materials/finishes, the dwellings will be constructed in a contemporary design using select face brickwork, concrete roof tiling, select lightweight cladding, rendered feature walls, aluminium windows, colorbond gutters, fascias and downpipes and garage doors.

 

 

 

 

 

 

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

2

7.5m front (north),

0m side (east),

3.5m side (west).

85m2 (including 25.6m2 of secluded private open space)

Single garage (3.5m x 6.0m) plus an open space in tandem (2.6m x 4.9m)

4.9m (overall)

Dwelling No. 2

Single storey

2

3.4m side (east),

3.8m side (west),

41.7m2 (all secluded private open space)

Single garage (3.5m x 6.0m)

4.9m (overall)

Dwelling No. 3

Single storey

2

0m side (east),

0m side (west),

2.4m rear (south)

41.7m2 (all secluded private open space)

Single garage (3.5m x 6.0m)

4.6m (overall)

Public Notification

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

HOUSING DIVERSITY STRATEGY

The Housing Diversity Strategy (HDS) was adopted by Council in December 2013.  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

×

×

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

 

 

Developments in the area range in style from 1950’s and 1960’s single storey brick and weatherboard dwellings to recent infill development usually incorporating both brick and render elements.  Dwellings are generally of a low scale with generous front and rear setbacks and very limited built form on the boundary (garages and sheds in the rear open spaces are the exception).

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

The Housing Diversity Strategy nominates this site as being within the Suburban Residential Change Area.  The proposal does not provide for a satisfactory response to the preferred density and design principles of this Change Area and is considered unacceptable in this context.

There are a number of aspects of the proposal that are not appropriately responsive to the existing or preferred character of the area including continuous built form, minimum side and rear setbacks and a lack of landscaping opportunities.

The examples of medium density development located within the immediate area containing three and four dwellings, are a departure from the existing neighbourhood character with minimal private open space and limited landscaping opportunities which were approved prior to the implementation of Council’s Housing Diversity Strategy and ‘on balance’, provide a good example of what not to do as their presentation has been to the detriment of the existing and preferred neighbourhood character.

B2

Residential Policy

×

×

The subject site is located within the Suburban Residential Change Area within the Housing Diversity Strategy.  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 of Dwelling Nos. 2 and 3 is continuous and given the lack of side and rear setback throughout, coupled with the dominant hardstand driveway along the west property boundary, the development provides for limited landscaping opportunities, which is inconsistent with the policy.

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

×

×

A landscape plan has not been submitted with the application.  While this can be dealt with by a permit condition, it is considered that due to the minimal side and rear setbacks, and the large hardstand areas (internal driveway), the proposal layout lacks opportunity to allow for landscaping that will contribute to the character of the area. 

The site is further constrained by the provision of on-site services such as the existing easement, the location of bin storage areas, sheds and clotheslines and as such, the development does not lend itself to any meaningful landscaping, which is one of the key design principles in Council’s Housing Diversity Strategy for development located within the Suburban Residential Change Area.

B14

Access

×

×

The objective of this clause is to ensure the number and design of vehicle crossovers respects the neighbourhood character.  Before deciding on an application 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 road reserve.

The proposed vehicle crossing for Dwelling No. 1 conflicts with an existing traffic sign located within the naturestrip.  Additionally, given the recent approval of a number of medium density developments within the immediate area, the construction of an additional crossing will further reduce on-street car parking along Cyprus Street.

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

×

×

The standard requires that entries to dwellings should provide shelter, a sense of personal address and a transitional space around the entry. 

The entry for Dwelling No. 2 is directly accessible off the proposed 3.0m wide common internal driveway and has not been provided with any transitional space. 

While this can be addressed via a condition on any permit that is issued, it is considered a redesign of this entry would compromise the floor plan and internal amenity of the dwelling.

B27

Daylight to new windows

ü

ü

 

B28

Private open space

×

×

The standard requires a dwelling should have 40m2 of private open space, including 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. 3 does not meet the standard.  While the plans depict a minimum secluded private open space area of 25.8m2, this area does not include the minimum dimension of 3.0m, as required by the standard.  Planning Officers consider the location of the proposed shed and clothesline further reduce the useability of this area and the recreational needs of future occupants.

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

2

1

2

Yes

2

2

1

1

Yes

3

2

1

1

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.

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.

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.  The proposal does not meet the preferred density or key design principles of the Suburban Residential Change Area of the Housing Diversity Strategy (Clause 21.09).  It is considered that the proposal will result in unreasonable impacts on the character of the neighbourhood and the amenity of surrounding residential properties by way of poor on site amenity for future occupants.  The site is considered suitable for a two dwelling development which may address many of the concerns.  Accordingly, refusal of the application is recommended.

 

Recommendation

THAT Council resolve to Refuse Planning Application No. 715585 and issue a Refusal to Grant a Planning Permit for the construction of three dwellings at 97 Cyprus Street, Lalor 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 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.

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

a)      Clause 55.02-1 (Neighbourhood Character).

b)      Clause 52.02-2 (Residential Policy).

c)      Clause 55.03-8 (Landscaping).

d)      Clause 55.03-9 (Access objectives).

e)      Clause 55.05-2 (Dwelling entry).

f)       Clause 55.05-4 (Private Open Space).

Council Resolution

Moved:                       Cr Griffin

Seconded:               Cr Kirkham

 

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

Carried

 


Ordinary Council Minutes                                                                      Tuesday 7 June 2016

 

6.1.6    80H Epping Road, Epping - Variation of a restrictive covenant (PS617864Y) to allow for the use of the premises as a food and drink premise (cafe)

File No:                                  715584

Attachments:                        1        Locality Maps  

2        Development Plans    

Responsible Officer:           Director Planning & Major Projects

Author:                                  Planning Officer   

 

APPLICANT:                                  V Erboy

COUNCIL POLICY:              Nil

ZONING:                               General Residential Zone

OVERLAY:                            Development Contributions Plan Overlay (Schedule 2)

Development Plan Overlay (Schedule 12)

Vegetation Protection Overlay (Schedule 2)

REFERRAL:                          Nil

OBJECTIONS:                      Nine

RECOMMENDATION:         That Council refuse the application

Report

EXECUTIVE Summary

The applicant proposes to vary restrictive covenant PS617864Y to allow for the existing commercial building (approved to be used as a gymnasium under permit 708800) for the purposes of a food and drink premises (café).

 

The application was advertised to all beneficiaries to the covenant in accordance with Section 52 of the Planning and Environment Act 1987. At the completion of the advertising period, nine objections were received from beneficiaries to the covenant. In summary, the grounds of objection relate to traffic, amenity, safety, property devaluation, and the provision of a gymnasium.

 

In order to support the variation to the restrictive covenant, Council needs to be satisfied that owners benefiting from the restrictive covenant will not suffer financial loss, a loss of amenity or loss arising from a change of character to the neighbourhood, or any other material detriment as a consequence of the variation. An assessment of the proposal indicates that the variation to the covenant would cause financial loss, a loss of amenity, and a loss arising from a change of character to the neighbourhood to the owners of the benefitting lots.

 

It is therefore recommended that Council refuse the application.

 

 

SITE AND SURROUNDING AREA

 

The subject site is a commercial property located on the eastern side of Epping Road, Epping, approximately 800m north of Findon Road (see Attachment 1). The site is generally flat and rectangular in shape with a frontage to Epping Road of 10.0m and a depth of 7.5m, giving a total site area of approximately 75m2.

The site is part of the ‘Waratah Gardens’ residential apartment complex. The subject site currently contains a double storey commercial building that contains three tenancies (two on the ground floor, and one on the first floor). The surrounding area is generally characterised by a mixture of high density developments comprising of triple storey apartment blocks, and the standard double and single storey dwellings within the Lyndarum Estate, located opposite the site to the west.  The immediately adjoining properties have all been developed for residential purposes. There is no vegetation of significance contained within the site.

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

·    Lyndarum Town Centre (200m northwest)

·    Bus Route 575 - Epping North to Thomastown (200m northwest)

·    Epping Views Primary School (300m northwest)

·    Hayston Park (300m northeast)

·    Harvest Home Recreation Reserve (500m northwest)

restrictions and easements

Covenant PS617864Y affects the subject land and restricts all buildings and works, and uses carried out on the land, to be in accordance with Planning Permit No. 708800.  As detailed above, the subject site is currently approved to be used as a gymnasium. Council must consider this covenant and its beneficiaries in assessing this application.

Proposal

It is proposed that covenant PS617864Y be varied to allow for the use of a food and drink premises (café).

The hours of operation are proposed to be:

Mondays to Wednesdays - 4.00pm to 12.00am

Thursdays to Sundays - 4.00pm to 1.00am

The café allows for up to 32 patrons and 2 staff to be in the premises at any given time.

It has been indicated that shisha/hookah smoking (water pipe smoking) facilities will be available for use by patrons. It must be noted that Council’s Health and Bushfire Recovery Department have advised that the use of shisha/hookah in food and drink premises are not covered under the Tobacco Act 1987 as the water pipe tobacco is not considered a tobacco product as they generally contain less than 50% tobacco.

There is no liquor proposed to be sold or consumed within the premises.

A total of 31 shared on site car parking spaces are located within the front portion of the site, approximately 10m from the front boundary. It is directly accessed from Epping Road via a service road. Under Planning Permit No. 708800, this car parking area is intended for the subject commercial building, but is also intended to accommodate additional visitor car parking. (Attachment 2)

Public Notification

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

 

1.       Loss of amenity

2.       Loss arising from change to the character of the neighbourhood

3.       Traffic impacts

 

PLANNING ASSESSMENT

 

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

 

General Residential Zone (Clause 32.08)

 

The purpose of the General Residential Zone is to provide residential development at a range of densities that respect neighbourhood character, along with non-residential uses in appropriate locations. The application includes the use of the land for the purposes of a food and drink premises (café). Pursuant to Clause 32.08-1, a food and drink premises is a Section 2 – ‘Permit Required’ use. Therefore, a planning permit is required under this provision.

 

The relevant decision guidelines for non-residential uses within the General Residential Zone are as follows:

 

·    Whether the use or development is compatible with residential use.

·    Whether the use generally serves local community needs.

·    The scale and intensity of the use and development.

·    The safety, efficiency and amenity effects of traffic to be generated by the proposal.

 

It is considered that the approval of the proposed food and drink premises is not compliant with these guidelines. Firstly, a food and drink premise has already been provided for the estate. Allowing another food and drink premise in lieu of a gymnasium would not serve a community need. Secondly, the intensity of the use and its proposed operating hours and proposed patronage numbers is considered to impact adjoining land owners/occupiers in a negative manner due to amenity impacts. Consequentially, the proposed use would be not compliant with the purposes of the General Residential Zone.   

 

For these reasons, the use would not be compatible with the surrounding residential uses and is considered to be not compliant to the purposes of the General Residential Zone.

 

Vegetation Protection Overlay (Clause 42.02)

 

The application does not propose to remove any native vegetation and therefore does not trigger a planning permit under this provision.

 

Development Plan Overlay (Clause 43.04)

 

The purpose of this overlay is to identify areas which require the form and conditions of future use and development to be shown on a development plan before a permit can be granted to use or develop the land.

 

The subject site is located within the Brush Road Development Plan Area and has accordingly been developed in accordance with the Brush Road Development Plan endorsed by Council on 22 December 2005.

The intent of the Development Plan for the site is to be a part of an ‘integrated housing site’. The detailed layout for the site was ‘to be determined at planning permit stage’ (as per page 6 of the Brush Road Development Plan). While the proposal is not prohibited, it can be argued that it is inconsistent with the approved plan for the site as it is not consistent with Planning Permit No. 708800. Consequently, it is not compliant with the subject development plan.

 

Development Contributions Plan Overlay (Clause 43.04)

 

The relevant contributions have been paid by the developer as part of previous approval 708000, and as such the proposal is not affected by the requirements.

 

Easements, Restrictions and Reserves (Clause 52.02)

 

A restrictive covenant is a written agreement between landowners to restrict the use or development of land for the benefit of other land. The land where the restrictions apply is called the ‘burdened’ land. The land that benefits from the restrictions on the burdened land is called the ‘benefited’ land.

.

Restrictive covenants are most commonly applied when a developer subdivides land for sales and wishes to apply some restrictions on the use and development of the land to benefit or protect other land. In this estate, all uses and buildings and works must be in accordance with the uses, buildings, and works approved under Planning Permit No. 708800.

 

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

 

Restrictive Covenant PS617864Y was created after 25 June 1991 and as such, the provisions of Section 60(2) of the Planning and Environment Act 1987 are applied. This provides that the Responsible Authority must not grant a permit which allows the removal or variation of a restriction unless it is satisfied that the owner of any land benefited by the restriction will be unlikely to suffer –

 

(a) Financial loss; or

(b) Loss of amenity; or

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

(d) Any other material detriment –

 

as a consequence of the removal or variation of the restriction.

 

The objection from the beneficiary demonstrates that they will be affected under the relevant categories (b), and (c), as discussed in more detail below. Under these circumstances, Council should not grant a permit.

 

Car Parking (Clause 52.06)

 

As the proposal includes entertainment facilities such as the provision of shisha/hookah equipment, televisions, and a sound system, the ‘Restaurant’ parking rates should be applied for the proposed use.

 

Pursuant to Clause 52.06 of the Whittlesea Planning Scheme, the rate for a ‘Restaurant’ is 0.4 to each patron permitted. With 32 seats proposed, the car parking required for the proposed use would be 12.

 

Overall, the parking space made available to the premise comprises a total of 31 spaces. Due to the shared nature of the parking space, there is no identified distribution of spaces. However, if the proposed use was to operate at maximum capacity (all 12 spaces used as per ‘Restaurant’ requirements), 20 spaces would still be made available for the established food and drink premise (pizza shop) and visitor spaces. 

 

The existing pizza shop has a maximum patronage allowance of 24 people, which requires 7 spaces if the ‘Convenience restaurant’ rate is applied (0.3 per patron). This allows for 13 visitor spaces if both premises were to operate at maximum capacity. In light of this, it is envisaged that an approval of the proposed use would not result in a negative impact on surrounding land owners/occupiers as there will still be an acceptable number of visitor spaces made available in the event that both food and drink premises were to operate at maximum capacity.

 

Comments on Grounds of Objection

 

1.       Loss of amenity

 

Loss of amenity is a specific consideration as listed in Section 60(2) of the Act. While it is considered that the use of a ‘food and drink premises’ is not prohibited in a General Residential Zone, the café is proposed to be used within a residential apartment estate, where specific allocations for such uses have been nominated under Planning Permit No. 708800. This variance from the use of a gymnasium imposed under the restrictive covenant has the potential to impact on the amenity of the adjoining owners and occupiers. There is likely to be an increase in noise during untimely hours, decreased amount of car parking made available to visitors, as well as the diminished opportunity for recreation/leisure caused by the loss of the gymnasium.

 

Accordingly, this ground of objection can be substantiated.

 

It must be noted that an objection in relation to the safety of residents being affected by the predicted clientele of the café was raised.  This cannot be considered as it is a presumptive objection that did not demonstrate how the safety of residents will be impacted upon. 

 

2.       Loss arising from change to the character of the neighbourhood

 

The objectors have raised concerns with the proposed use and its non-compliance with the approved outcome for Waratah Gardens. The objectors are concerned that this will devalue their property for future sale or rental opportunities as there will be no gymnasium available for use by the residents.

 

While the objectors have not demonstrated how the proposed variation to the restrictive covenant will cause them financial loss, when purchasing their property and as a beneficiary to the restrictive covenant, the objectors had an expectation that there would be a gymnasium provided on the subject land, as per Planning Permit No. 708800. This was also reportedly a part of the contract of sale. The proposed use is not in accordance with the approved outcome for the overall development of Waratah Gardens, and will in turn diminish the intended character of the estate.

 

Accordingly, this ground of objection can be substantiated.

 

 

3.       Traffic impacts

 

A number of objections in relation to the loss of visitor car parking spaces were made. It is argued that the proposal of 32 patrons on the premises would take up all 31 spaces.

 

As per the assessment against Clause 52.06 (Car Parking) of the Whittlesea Planning Scheme made above, it is clear that the proposed use meets the requirements of Clause 52.06-5, while still allowing for an adequate number of parking for the existing food and drink premise and some visitor spaces.

 

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 proposal seeks to vary Restrictive Covenant PS617864Y to allow for the use of a food and drink premises (café) at 80H Epping Road, Epping. Nine objections were received, all from beneficiaries to the covenant. The objections relate to traffic, amenity, safety, property devaluation, and the provision of a gymnasium. As these beneficiaries are likely to suffer loss and detriment as a result of the variation, it is recommended that Council refuse the application.

 

Recommendation

THAT Council resolve to Refuse Planning Application No. 715584 and issue a Refusal to Grant a Planning Permit for a variation to Restrictive Covenant PS617864Y to allow for the use of a food and drink premises (café) at 80H Epping Road, Epping, on the following grounds:

1.   The variation to Restrictive Covenant PS617864Y would result in persons benefiting from the covenant (restriction) to suffer loss of amenity and loss arising from change to the character of the neighbourhood having regard to Section 60(2) of the Planning and Environment Act 1987.

 

2.   The variation to Restrictive Covenant PS617864Y will adversely impact upon the beneficiaries to the covenant and is contrary to the decision guidelines of Clause 52.02 of the Whittlesea Planning Scheme.

 

Chief Executive Officer’s Explanatory Notation

Item 6.1.6, 80H Epping Road – Variation of a Restrictive Covenant (PS617864Y) to allow for the use of the premises as a food and Drink Premise (Café) was withdrawn by the applicant and was not considered at the meeting.


Ordinary Council Minutes                                                                      Tuesday 7 June 2016

 

6.1.7    26 Central Avenue, Thomastown - Construction of Four Dwellings

File No:                                  715613

Attachments:                        1        Locality Maps  

2        Development Plans  

3        Notice of Decision Development Plans    

Responsible Officer:           Director Planning & Major Projects

Author:                                  Senior Planning Officer   

 

APPLICANT:                                  T Kozaris & Associates Pty Ltd

COUNCIL POLICY:              Housing Diversity Strategy

ZONING:                               Residential Growth 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 single storey dwelling and construct four double storey dwellings.  Dwelling No. 1 will be accessed from a new crossover near the western side boundary.  Dwelling Nos. 2, 3 and 4 will be accessed from the existing crossover near the eastern side boundary.

Notification of the proposal resulted in one objection being received.  The grounds of objection relate to overlooking, overshadowing, additional noise, additional traffic in the street and a decrease in property values. 

The proposal demonstrates a satisfactory level of compliance with the provisions of Clause 55 of the Whittlesea Planning Scheme, including the objectives relating to neighbourhood character, overlooking and overshadowing.  The proposal requires minor modifications, which can be addressed as conditions of any permit issued.     

The Housing Diversity Strategy (HDS) nominates the subject site as being within a Neighbourhood Renewal 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 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 Central Avenue Thomastown, approximately 200m west of High Street (see Attachment 1)

The subject site is regular in shape, with a frontage to Central Avenue of 15.6m and a depth of 45.7m resulting in a total site area of 704m².  The subject site has a marginal fall of 0.2m from the north-western rear boundary corner to the south-eastern front boundary corner. 

The subject site currently contains a single storey dwelling, detached garage and outbuildings.  The subject site also contains established gardens, particularly within the front setback. 

Directly to the north-east and east are single dwelling developments.  Directly to the north, south and west are multi dwelling developments.

The surrounding area is characterised by predominately single storey dwellings constructed from brick with tiled roofs.  Numerous examples of medium density development within the immediate vicinity include 11, 17, 19, 23, 25, 27, 28, 29, 31 and 35 Central Avenue, 9, 11, 12, 18, 25, 27 and 34 Pleasant Road, 14, 15, 24, 26 and 36 Highlands Road and 12 and 20 Mount View Road. 

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

·    High Street Strip Shops (200m east).

·    Bus Route 357 – Wollert West to Thomastown (200m south).

·    Main Street Reserve (250m west).

·    Thomastown Train Station (300m southeast). 

·    Bus Route 554 - Thomastown (300m east). 

·    Bus Route 555 - Epping to Northland (300m east). 

·    Thomas Street Recreation Reserve (390m west). 

·    Bus Route 559 – Thomastown (400m east).

·    The Boulevard Strip Shops (400m east). 

·    Thomastown Primary School (550m southwest). 

·    Lalor Shopping Centre (600m northeast). 

·    Thomastown West Primary and Secondary Schools (800m west). 

·    Nick Ascenzo Reserve (1.3km southeast).

·    Epping Plaza Shopping Centre (2.6km north). 

restrictions and easements

The subject site is legally described as Lot 153 on Plan of Subdivision 012114.  There are no restrictions on Title that preclude Council from determining the application.  The subject site is affected by a 3.0m wide drainage and sewerage easement that traverses the rear (northern) boundary of the site.

Proposal

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

Dwelling No. 1 will contain open plan kitchen, meals / living areas, laundry and powder room on the ground floor and three bedrooms and two bathrooms on the first floor.  This dwelling will contain a single garage and tandem car parking space accessed from a new crossover along the western side boundary. 

 

Dwelling Nos. 2 and 3 will contain open plan kitchen, meals / living areas, laundry and powder room on the ground floor and two bedrooms and a bathroom on the first floor.  Each dwelling will have access to one car parking space within a shared carport accessed from the existing crossover and shared accessway along the eastern side boundary.

Dwelling No. 4 will contain open plan kitchen, meals / living areas and a powder room on the ground floor and two bedrooms and a bathroom on the first floor.  This dwelling will contain a single garage accessed from the existing crossover and shared accessway along the eastern side 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

5.0m front (south), 0m rear (north), 4.0m side (east), 0m side (west)

73m2

(Including 30m2 of Secluded Private Open Space)

Single garage (6.0m x 3.5m) and tandem car parking space (4.9m x 2.6m)

7.1m

(overall)

Dwelling No. 2

Double Storey

2

4.0m side (east), 3.5 side (west)

31m2

(All Secluded Private Open Space)

Single carport (6.0m x 3.5m)

6.7m

(overall)

Dwelling No. 3

Double Storey

2

3.2m rear (north), 1.0m side (west)

43m2

(Including 36m² of Secluded Private Open Space)

Single carport (6.0m x 3.5m)

7.1m (overall)

Dwelling No. 4

Double Storey

2

8.4m front (south), 3.2m rear (north),

36m2

(All Secluded Private Open Space)

Single garage (6.0m x 3.5m)

6.6m (overall)

Public Notification

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

1.       Overlooking. 

2.       Overshadowing. 

3.       Additional noise. 

4.       Additional traffic in the street. 

5.       Decrease in property values. 

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

P

P

Dwelling No. 1 will be setback 5.0m from Central Avenue and will contain a double fronted façade.  This is consistent with the existing and preferred neighbourhood character.  Due to the layout of the development, a single dwelling will present to the street, which is consistent with the existing character. 

B2

Residential Policy

P

P

It is considered the proposal is generally in accordance with Council’s Housing Diversity Strategy, noting the site is located within a Neighbourhood Renewal Change Area.  The proposal will contain a reduced front setback, while still allowing for low level landscaping in accordance with the key design principles for this Change Area.      

B3

Dwelling Diversity

N/A

N/A

Only applicable to developments of ten or more dwellings. 

B4

Infrastructure

P

P

 

B5

Integration with the Street

P

x

It is considered the first floor bathroom of Dwelling No. 1, which will require a frosted glass window, is not an acceptable response to Central Avenue as it will decrease passive surveillance.  A condition should be placed on any permit issued for the internal rearrangement of the first floor to ensure two of the three bedrooms proposed overlook Central Avenue. 

B6

Street Setback

P

x

Dwelling No. 1 should be setback 7.3m from Central Avenue, however it will only be setback 5.0m from Central Avenue.  It is considered the setback proposed is consistent with the existing neighbourhood character and preferred reduced front setbacks for the area as identified in the key design principles of Council’s Housing Diversity Strategy.  

B7

Building Height

P

P

 

B8

Site Coverage

P

P

 

B9

Permeability

P

P

 

B10

Energy Efficiency

x

x

It is considered the energy efficiency of the dwellings could be further improved with the provision of north facing windows to the ground floor of Dwelling No. 2 (this will require the internal rearrangement of the living area and stair case on the ground floor as well as the first floor layout) and the first floor bedroom windows of Dwelling Nos. 2, 3 and 4. 

Furthermore, the first floor bathroom of Dwelling No. 4 should be provided with a skylight for a primary daylight source.  

It is considered reasonable to impose conditions on any permit issued to address these matters.  

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

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

P

P

 

B15

Parking Location

P

P

 

B17

Side and Rear Setbacks

x

x

The first floor western façade of Dwelling No. 1 must be setback 1.6m from the side boundary.  A condition should be placed on any permit issued requiring the additional 0.4m of recession.   

B18

Walls on Boundaries

P

P

 

B19

Daylight to Existing Windows

P

P

 

B20

North-facing Windows

N/A

N/A

 

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

x

Dwelling Nos. 2 and 4 have total private open spaces of 31m² and 36m², which is below the 40m² requirement.  It is considered reasonable to require these spaces be increased in accordance with Clause 55, which can be addressed as a condition of any permit.    

B29

Solar Access to Open Space

P

P

 

B30

Storage

P

P

 

B31

Design Detail

P

x

It is considered landscaping should be provided in front of the paling fence enclosing the secluded private open space for Dwelling No. 1.  It is also considered this fence should be a feature fence as it can be viewed from Central Avenue.  A condition should be placed on any permit issued for an alternative fence and landscaping, while maintaining a 3.0m wide shared accessway. 

It is also noted that the bedroom 2 window of Dwelling No. 1 does not need obscure glass to prevent overlooking as it overlooks the shared accessway within the development and the accessway of the adjoining land to the east.  A condition should be placed on any permit issued for a full window to service this bedroom. 

B32

Front Fences

N/A

N/A

 

B33

Common Property

P

P

 

B34

Site Services

P

P

 

CAR PARKING 

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

Dwelling No.

No. of Bedrooms

Car Spaces Required

Car Spaces Provided

Complies

Dwelling No. 1

3

2

2

Yes

Dwelling No. 2

2

1

1

Yes

Dwelling No. 3

2

1

1

Yes

Dwelling No. 4

2

1

1

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.

Sight triangles have been shown as part of the development, however a condition should be placed on any permit issued to ensure the eastern side boundary fence is tapered down to 0.9m to maintain sufficient sightlines. 

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.       Overlooking 

1.8m high paling fences will minimise ground floor overlooking, while highlight windows or partially obscure windows will minimise first floor overlooking.  Accordingly, this ground of objection cannot be substantiated. 

2.       Overshadowing

Overshading diagrams were submitted as part of the application, which indicate that the adjoining secluded private open spaces will still receive five hours of sunlight in accordance with the Clause 55 requirements.  Accordingly, this ground of objection cannot be substantiated. 

3.       Additional noise

The noise associated with the development is considered acceptable for a residential zoned area.  Accordingly, this ground of objection cannot be substantiated.

4.       Additional traffic in the street 

The proposal has provided the required car parking spaces on the site.  Furthermore, it is considered the vehicle trips generated from the proposal will not impact on the functionality of Central Avenue.  Accordingly, this ground of objection cannot be substantiated. 

5.       Decrease in 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 ground of objection is not relevant to a planning assessment.

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 satisfactory level of compliance, subject to minor modifications as outlined. Development plans showing the required minor modification has been provided by the applicant (see Attachment 3).  While the proposal does require several modifications, it is considered the fundamental layout is acceptable.  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. 715613 and issue a Notice of Decision to Grant a Permit for the construction of four dwellings at 26 Central 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 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.       (a)     Prior to the endorsement of the plans required under Condition No. 3 of this   Permit, or at such later date as the Responsible Authority may approve in     writing, there must 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.

(b)     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 revised plans, drawn to a suitable scale and dimensioned, must be submitted to and approved by the Responsible Authority.  The revised plans must be generally in accordance with the advertised plans received on 9 March 2016, but modified to show:-

(a)     The northern elevation of Dwelling No. 2 and the southern elevation of Dwelling Nos. 3 and 4;

(b)     The internal rearrangement of the first floor of Dwelling No. 1 to ensure two of the three bedrooms proposed overlook Central Avenue (i.e. relocation of the bathroom);

(c)     The provision of north facing windows to the ground floor of Dwelling No. 2 (this will required some internal rearrangement) and the first floor bedroom windows of Dwelling Nos 2-4;

(d)     The first floor western façade of Dwelling No. 1 setback 1.6m from the western side boundary;  

(e)     A skylight for the first floor bathroom of Dwelling No. 4;

(f)      The provision of 40m² of private open space for Dwelling No. 2 and 4;

(g)     A 0.5m wide landscaping buffer between the paling fence enclosing the secluded private open space for Dwelling No. 1 and the shared accessway;

(h)     The paling fence enclosing the secluded private open space of Dwelling No. 1 replaced with a feature fence;

(i)      A full service window for bedroom 2 of Dwelling No. 1; and

(j)      The eastern side boundary fence tapered down to 0.9m for 3.0m into the site from the front boundary to maintain sufficient sightlines.

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

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

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

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

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

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

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

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

12.     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, 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.

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

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

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

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

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

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

20.     During the construction phase, a truck wheel washing facility or similar device must be installed and used to the satisfaction of the Responsible Authority so that vehicles leaving the site do not deposit mud or other materials on roadways. Any mud or other materials deposited on roadways as a result of construction works on the site must be cleaned to the satisfaction of the Responsible Authority within two hours of it being deposited.

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

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

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

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


 

Notes

Advanced Trees

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

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

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

Easements

No structure may be built over an easement on the subject site without the consent of the relevant Responsible Authority.

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.

motion

Moved:                       Cr Pavlidis

Seconded:               Cr Spinelli

 

THAT Council resolve to refuse Planning Application No. 715613 and issue a Refusal to Grant a Planning Permit for the construction of four double storey dwellings at 26 Central Avenue, Thomastown, 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 55.02-5 (Integration with the Street)

c)    Clause 55.03-1 (Street Setback)

d)    Clause 55.03-5 (Energy Efficiency)

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

f)     Clause 55.05-4 (Private Open Space)

g)    Clause 55.06-1 (Design Detail)

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

LOST

 

 

 

 

 

 

 

Division

Immediately after the motion was voted on, Cr Pavlidis called for a division which resulted in the following votes being recorded.

 

For

Cr Pavlidis

Cr Spinelli

Cr Sinclair

Cr Kozmevski

Cr Alessi

Against

Cr Griffin

Cr Stow

Cr Kirkham

Cr Harris

Cr Kelly

Cr Lalios

Abstained

Nil

Based on the votes cast during the Division, the motion was lost.

Council Resolution

Moved:                       Cr Kelly

Seconded:               Cr Griffin

 

THAT Council resolve to approve Planning Application No. 715613 and issue a Notice of Decision to Grant a Permit for the construction of four dwellings at 26 Central 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 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.       (a)     Prior to the endorsement of the plans required under Condition No. 3 of this          Permit, or at such later date as the Responsible Authority may approve in         writing, there must 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.

(b)     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 revised plans, drawn to a suitable scale and dimensioned, must be submitted to and approved by the Responsible Authority.  The revised plans must be generally in accordance with the advertised plans received on 9 March 2016, but modified to show:-

(a)     The northern elevation of Dwelling No. 2 and the southern elevation of Dwelling Nos. 3 and 4;

(b)     The internal rearrangement of the first floor of Dwelling No. 1 to ensure two of the three bedrooms proposed overlook Central Avenue (i.e. relocation of the bathroom);

(c)     The provision of north facing windows to the ground floor of Dwelling No. 2 (this will required some internal rearrangement) and the first floor bedroom windows of Dwelling Nos 2-4;

(d)     The first floor western façade of Dwelling No. 1 setback 1.6m from the western side boundary;   

(e)     A skylight for the first floor bathroom of Dwelling No. 4;

(f)      The provision of 40m² of private open space for Dwelling No. 2 and 4;

(g)     A 0.5m wide landscaping buffer between the paling fence enclosing the secluded private open space for Dwelling No. 1 and the shared accessway;

(h)     The paling fence enclosing the secluded private open space of Dwelling No. 1 replaced with a feature fence;

(i)      A full service window for bedroom 2 of Dwelling No. 1; and

(j)      The eastern side boundary fence tapered down to 0.9m for 3.0m into the site from the front boundary to maintain sufficient sightlines.

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

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

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

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

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

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

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

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

12.     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, 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.

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

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

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

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

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

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

20.     During the construction phase, a truck wheel washing facility or similar device must be installed and used to the satisfaction of the Responsible Authority so that vehicles leaving the site do not deposit mud or other materials on roadways. Any mud or other materials deposited on roadways as a result of construction works on the site must be cleaned to the satisfaction of the Responsible Authority within two hours of it being deposited.

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

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

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

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


Notes

Advanced Trees

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

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

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

Easements

No structure may be built over an easement on the subject site without the consent of the relevant Responsible Authority.

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

Carried

 

Division

Immediately after the motion was voted on, Cr Pavlidis called for a division which resulted in the following votes being recorded.

 

For

Cr Griffin

Cr Stow

Cr Kirkham

Cr Harris

Cr Kelly

Cr Lalios

Against

Cr Pavlidis

Cr Spinelli

Cr Sinclair

Cr Kozmevski

Cr Alessi

Abstained

Nil

Based on the votes cast during the Division, the motion was carried.

 

 

 


Ordinary Council Minutes                                                                      Tuesday 7 June 2016

 

6.1.8    222 Plenty Road, Bundoora - Use and Development of an Office, Use and Development of a Child Care Centre and Removal of Native Vegetation

File No:                                  715416

Attachments:                        1        Locality Maps  

2        Development Plans  

3        Photographs    

Responsible Officer:           Director Planning & Major Projects

Author:                                  Principal Planner   

 

APPLICANT:                                  Wilcon Projects Pty Ltd

COUNCIL POLICY:              22.05     Child Care Centre Policy

22.10     River Redgum Protection Policy

ZONING:                               Special Use Zone

OVERLAY:                            Development Plan Overlay (DPO10)

Heritage Overlay (HO62)

REFERRAL:                          VicRoads

OBJECTIONS:                      Nil

RECOMMENDATION:         That Council approve the application

Report

EXECUTIVE Summary

The applicant proposes the use and development of an office building comprising ten tenancies and the use and development of a child care centre accommodating 152 children.  The application also involves the removal of one River Red Gum and three Black Wattles.  The subject site contains the former Bundoora Primary School 1915 which is included as Reference No. H1344 on the Victorian Heritage Register under the Heritage Act 1995.  Heritage Victoria has already issued Permit No. P23770 for the proposed development.

 

The proposal demonstrates a satisfactory level of compliance with the provisions of the Whittlesea Planning Scheme including the zoning provisions, Clause 22.05 (Child Care Centre Policy) and Clause 22.10 (River Red Gum Protection Policy). 

 

The trees proposed for removal have been assessed to be in poor health, at the end of their useful life expectancy and do not significantly contribute to the character and biodiversity within the municipality.

 

On the basis of the detailed assessment below and the proposal’s general compliance with the relevant planning provisions, it is recommended that Council approve the application. 

 

SITE AND SURROUNDING AREA

The subject site is located on the north-east corner of Plenty Road and the Metropolitan Ring Road forming the southern edge of the University Hill Activity Centre (see Attachment 1).  The site is accessed from Enterprise Drive via an existing carriageway easement across the adjoining site at No. 2 Enterprise Drive.

 

The site contains the former Bundoora Primary School which is of State significance and is included on the Victorian Heritage Register under the Heritage Act 1995.  The listing specifically relates to the Bundoora Primary School No. 1915, which was constructed in 1877 and comprises of a single school room.  Two large peppercorn trees directly north of the building are also considered to be significant in the context of the school.

 

The site also contains scattered vegetation including a number of eucalypts and exotic trees.  A River Red Gum is located adjacent to the southern boundary of the site and shows significant signs of decay, including dead wood within the canopy and a significant split in the trunk.

 

The surrounding area is characterised by industrial and commercial uses, including offices, with residential uses further to the north and to the west across Plenty Road.  A conservation reserve containing a number of significant River Red Gums and other vegetation is located approximately 60m east of the site.  The site is separated from the Metropolitan Ring Road to the south by acoustic fencing.  There is no direct access to the site from Plenty Road.

 

The site is located in proximity to a number of services and amenities including:

 

·    University Hill Factory Outlets shopping complex (300m north).

·    Parade College (500m south).

·    RMIT Bundoora West campus (300m west).

·    RMIT Bundoora East campus (700m north).

·    Tram Route 86 and Bus Routes 562, 564, 566, 570 and 572 on Plenty Road.

restrictions and easements

The site is affected by a drainage easement along the western and southern site boundaries. There are no restrictions on title that preclude Council from determining the application.

 

Proposal

The application proposes the use and development of an office complex and child care centre on the subject site (see Attachment 2).  The proposal also includes removal of native vegetation and the display of business identification signage.  Vehicular access to the site will be via an existing carriageway easement through the adjoining site at No. 2 Enterprise Drive.  No access is proposed to Plenty Road.  The proposed development is summarised as follows:

 

Office Complex

 

A two to three storey L-shaped office complex will be constructed along the northern and western property boundary, comprising ten individual tenancies.  The office building will be setback a minimum of 9m from the Plenty Road boundary (western) and 0.7m from the northern boundary, with a maximum height of 9.1m.  The architectural design of the building exhibits a high quality of finishes. 

The building will be provided with visually interesting elevations through the use of articulation, a variety of materials and a significant amount of glazing.  Landscaping will be included between the building and Plenty Road to provide an appropriate green buffer. 

 

Child Care Centre

 

The proposed child care centre will accommodate 152 children in a single storey building, located adjacent to the southern and western boundaries and incorporating the former Bundoora Primary School building.  The heritage building will be retained as a classroom accommodating 12 children.  An 810m2 area of open space will be provided north of the building and 725m2 to the west adjacent to the Plenty Road frontage.  The child care centre will be setback a minimum of 10m from the Plenty Road boundary and 3.2m from the southern boundary.  The design of the building provides each room with access to northern light and to the open space / play areas.  The heritage building will provide a ‘corner’ feature to the development, and will provide a clear delineation between the heritage and new building.  The applicant has indicated that the proposed hours of operation are likely to be 6.30am to 7.00pm.

 

Car Parking

 

The proposal includes the provision of 108 car parking spaces at grade, located both centrally and in the eastern portion of the site. It is envisaged that the parking along the eastern boundary will be utilised by those using the child care centre and the central carpark will be utilised by office tenants and their customers.

 

Native Vegetation Removal

 

The applicant proposes to remove a number of trees and other vegetation from the site to facilitate the proposed development, however the majority of the vegetation is either exotic or is not native to Victoria, therefore does not trigger planning permit requirements.  The heritage protected peppercorns adjacent to the school building are proposed for retention.  The following vegetation (see Attachment 3) requires a planning permit for removal:

 

Tree No.

Species

Height

Canopy Spread

Health

Life Stage

10

River Red Gum

Eucalyptus camaldulensis

20m

17m

Poor. Significant signs of decay, including dead wood with the canopy and a significant split in the trunk.

Senescent

 

12

(Group of 3)

Black Wattle

Acacia mearnsii

6m

3m

Poor

Senescent

 

Public Notification

An application under any provision of this scheme which is generally in accordance with the development plan is exempt from the notice requirements of Section 52(1)(a), (b) and (d) of the Planning and Environment Act 1987.  The proposed development is considered to be generally in accordance with the Janefield Development Plan, therefore advertising was not undertaken.

 

Planning ASSESSMENT

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

State Planning Policy Framework (SPPF)

 

Protection of Biodiversity (Clause 12.01-1)

 

Clause 12.01 of the Whittlesea Planning Scheme relates to biodiversity and the protection and conservation of Victoria’s biodiversity, including important habitat for Victoria’s flora and fauna and other strategically valuable biodiversity sites.

Native Vegetation Management (Clause 12.01-2)

This clause seeks to ensure that the permitted clearing of native vegetation results in no net loss in the contribution made by native vegetation to Victoria’s biodiversity. This involves applying the risk-based approach to managing native vegetation as set out in the Permitted Clearing of Native Vegetation – Biodiversity Assessment Guidelines (Department of Environment and Primary Industries, September 2013). These are:

§  Avoid the removal of native vegetation that makes a significant contribution to Victoria’s biodiversity.

§  Minimise impacts on Victoria’s biodiversity.

§  Where native vegetation is permitted to be removed, ensure that an offset is provided in a manner that makes a contribution to Victoria’s biodiversity that is equivalent to the contribution made by the native vegetation to be removed.

 

Urban Design (Clause 15.01-1)

 

This clause seeks to create urban environments that are safe, functional and provide good quality environments with a sense of place and cultural identity.  The following strategies are relevant in achieving this:

 

§  Promote good urban design to make the environment more liveable and attractive.

§  Ensure new development or redevelopment contributes to community and cultural life by improving safety, diversity and choice, the quality of living and working environments, accessibility and inclusiveness and environmental sustainability.

§  Require development to respond to its context in terms of urban character, cultural heritage, natural features, surrounding landscape and climate.

§  Encourage retention of existing vegetation or revegetation as part of subdivision and development proposals.

 

Heritage Conservation (Clause 15.03-1)

 

This clause seeks to ensure the conservation of places of heritage significance.  In this regard, the following strategies are relevant in achieving this:

 

§  Provide for the protection of natural heritage sites and man-made resources and the maintenance of ecological processes and biological diversity.

§  Provide for the conservation and enhancement of those places which are of, aesthetic, archaeological, architectural, cultural, scientific, or social significance, or otherwise of special cultural value.

§  Encourage appropriate development that respects places with identified heritage values and creates a worthy legacy for future generations.

§  Retain those elements that contribute to the importance of the heritage place.

§  Encourage the conservation and restoration of contributory elements.

§  Ensure an appropriate setting and context for heritage places is maintained or enhanced.

§  Support adaptive reuse of heritage buildings whose use has become redundant.

 

Local Planning Policy Framework (LPPF)

Child Care Centre Policy (Clause 22.05)

 

This policy applies to the development and establishment of child care centres within the municipality.  The objective of this policy is “to ensure appropriately located and well-designed child care centres which have a minimal impact on the amenity of the area and serve the needs of the community.  In this regard, it is policy to:

 

§  Encourage child care centres to locate adjacent to or in proximity to other community support facilities such as schools, pre-schools, open space, medical centres, and recreational facilities.

§  Encourage child care centres to locate in proximity to public transport routes.

§  Minimise impacts on residential amenity and enhance access, corner sites are preferred locations for child care centres. Establishment of child care centres within cul-de-sacs and on main roads is discouraged.

§  Ensure that the scale and appearance of purpose built child care centres is consistent with surrounding land use, site characteristics, and site location. In residential areas child care centres should have a residential scale, height and building form, which is sympathetic to the character of adjoining dwellings and the streetscape.

§  Ensure that access to and from the site is to be designed in such a way as to allow for the safe and efficient movement of vehicle and pedestrian traffic, including safe set down areas.

§  Ensure proposals fulfil a demonstrated need.

 

The surrounding area contains a variety of commercial, industrial, educational, residential and recreational uses.  The proposed child care centre will service a catchment with a current undersupply of child care placements.  Continually there is additional housing in the area with an increase in the number of families.  Therefore the lack of centres in the immediate vicinity and increased population demonstrate that there is a need for the facility.  The site is well serviced by public transport, with tram and bus services readily available.  Whilst physically separated from residential uses, the site is in relative proximity to the residential component of the University Hill development. This separation allows for ease of access while not compromising residential amenity in the locality.  The design of both the office building and the child care centre has paid careful attention to retaining and adaptively reusing the former Bundoora Primary School and is supported by Heritage Victoria.  A clear separation between the heritage building and the new building allows the school to stand out as a key historic feature of the site. 

 

River Red Gum Protection Policy (Clause 22.10)

 

Clause 22.10 (River Redgum Protection Policy) of the Whittlesea Planning Scheme aims to ensure that the development of urban and rural areas takes into account the presence, retention, enhancement and long-term viability of river red gums in urban areas.

The policy applies to the protection of river red gums located in urban and rural areas. The objective of this policy is “to ensure that the development of urban and rural areas takes into account the presence, retention, enhancement and long term viability of red gums in urban areas.”

 

The application involves the removal of one River Red Gum from the site.  Whilst the proposed tree removal will primarily facilitate the construction of the child care centre, the tree is at the end of its useful life expectancy, with significant signs of decay, including dead wood with the canopy and a significant split in the trunk.  The long term retention of this tree in this urban setting is unlikely.  The tree is not identified for retention within the Janefield Development Plan. 

Requirements for appropriate offset planting can be included in any permit that is issued.  Accordingly, it is considered that the proposal is consistent with the objectives and decision guidelines of this policy.

 

Zoning and Overlays

 

Special Use Zone (SUZ3)

 

Pursuant to Clause 37.01 of the Whittlesea Planning Scheme, the land is located within the Special Use Zone (SUZ3).  An office that exceeds 500m2 is a Section 2 – permit required use within the Special Use Zone (Schedule 3).  Additionally, a child care centre is a Section 2 – permit required use within this Zone.  A permit is required to construct a building or construct and carry out works within the Special Use Zone (Schedule 3).  The proposed vegetation removal does not require planning approval under this Clause.

 

Heritage Overlay (HO62)

 

The subject site is affected by Heritage Overlay (HO62).  The Bundoora Primary School No. 1915 is included as Reference No. H1344 on the Victorian Heritage Register under the Heritage Act 1995.  Pursuant to Clause 43.01-2 of the Whittlesea Planning Scheme a permit is not required under this overlay to develop a heritage place which is included on the Victorian Heritage Register.  It is noted that Heritage Victoria issued Permit No. P23770 on 18 December 2015 for the proposed development of the former school site.  The current application is consistent with this approval.  It should be noted that all heritage aspects of the proposed development have been assessed by Heritage Victoria as part of their permit process.

 

Development Plan Overlay (DPO10)

 

The subject site is affected by a Development Plan Overlay (DPO10) - Janefield Precinct Development Plan.  Pursuant to Clause 43.04-1 of the Whittlesea Planning Scheme, a permit must not be granted to use or subdivide land, construct a building or construct or carry out works until a development plan has been prepared to the satisfaction of the responsible authority.  A permit granted must be generally in accordance with the development plan.  The Janefield Development Plan was approved on 20 July 2004 and amended on 14 January 2016.  The site is located in Precinct 3 (Plenty Road South) and is designated for use for a contemporary business park environment including commercial, offices, industry, technology and business incubators, hotel, research and development and transport services.  The proposed uses are considered to be generally in accordance with the Janefield Development Plan.

 

Particular Provisions

 

Clause 52.06 – Car Parking

 

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

 

Proposed Use

Size

Car spaces required

Car spaces provided

Complies

Child Care Centre

152 children

 

0.22 spaces per child

33 spaces

34 spaces

Yes

Office

2010m2

 

3.5 per 100m2 net floor area

70 spaces

74 spaces

Yes

Total

 

103

108

Yes

 

An open car space should be at least 4.9m long and 2.6m wide.  The proposal complies with these requirements.  To avoid impacts on the Tree Protection Zone of Tree No. 17 (Eucalyptus cladocalyx) which is to be retained on the site, it is recommended that Car Parking Space No. 108 be removed and replaced with additional landscaping.  As the development proposes a surplus of car parking spaces, this will not result in any non-compliance with this Clause.  In order to improve pedestrian access throughout the car parking area, it is recommended that all pedestrian paths have a minimum width of 1.2m.  Most of the proposed paths throughout the site are already a minimum of 1.2m; however an area adjacent to the child care centre entrance is slightly deficient in width.  Appropriate conditions can be included on any permit that is issued to address these issues.

 

Clause 52.17 – Native Vegetation

 

Pursuant to Clause 52.17-2 of the Whittlesea Planning Scheme, a permit is required to remove, destroy or lop native vegetation, including dead native vegetation.  The applicant proposes to remove one River Red Gum and three Black Wattles to facilitate the construction of the proposed development.  All trees are in poor condition and are at the end of their useful life expectancy.  Appropriate offset requirements will be required in accordance with Permitted clearing of native vegetation – Biodiversity assessment guidelines (Department of Environment and Primary Industries, September 2013).  Appropriate conditions can be included on any permit that is issued.

 

52.29 Land adjacent to a Road Zone, Category 1, or a Public Acquisition Overlay for a Category 1 Road

 

Pursuant to Clause 52.29 of the Whittlesea Planning Scheme, a permit is required to alter access to a road in a Road Zone, Category 1.  Plenty Road is a Road Zone, Category 1.  Although no direct access is proposed to Plenty Road, the proposed development on the land adjacent to a Category 1 road is considered to constitute an alteration to the access.  Accordingly the application was required to be referred to VicRoads.  VicRoads had no objection to the proposed development subject to conditions being included on any permit that is issued.

 

52.34 Bicycle Facilities

 

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

 

 

 

 

 

Proposed Use

Size

Bicycle spaces required

Bicycle spaces provided

Complies

Child Care Centre

No requirement

N/A

N/A

Yes

Office

2010m2

Employee - 1 to each 300m2  of net floor area if the net floor area exceeds 1000m2

6 spaces

 

Visitor - 1 to each 1000m2 of net floor area if the net floor area exceeds 1000m2

2 spaces

11

Yes

Total

 

8

11

Yes

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 planning zone provisions and other relevant planning provisions, including the State and Local Planning Policy Frameworks of the Whittlesea Planning Scheme, and is considered to be consistent with the relevant policies and strategies of the Planning Scheme. The proposal is consistent with Clauses 22.05 and 22.10 of the Whittlesea Planning Scheme and the decision guidelines of Clauses 37.01, 52.17 and 52.29.  Accordingly it is recommended that a planning permit be issued for the use and development of an office, use and development of a child care centre, and removal of native vegetation, subject to appropriate conditions.

 

Recommendation

THAT Council resolve to approve Planning Application No. 715416 and issue a Permit for the use and development of an office, use and development of a child care centre, and removal of native vegetation at 222 Plenty Road, Bundoora in accordance with the endorsed plans and subject to the following conditions:

 

USE AND DEVELOPMENT CONDITIONS

 

1.       (a)     Prior to the endorsement of the plans required under Condition No. 2, or at such later date as the Responsible Authority may approve in writing, there shall be lodged with the Responsible Authority an amount of $10,000 as security deposit for the satisfactory completion and maintenance of the landscaping works hereby permitted.

(b)     Upon completion of the landscaping works to the satisfaction of the Responsible Authority, the Responsible Authority will refund the security deposit to the then owner of the subject land.

 

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

 

(a)     Removal of Car Space No. 108 to ensure no impact on the Tree Protection Zone for Tree No. 17.

(b)     Provision of a minimum 1.2m width pedestrian pathway throughout the site.

 

3.       Before the development starts, a Tree Management Plan prepared by a suitably qualified and experienced arborist, must be submitted to and approved by the Responsible Authority.  The Tree Management Plan will guide works in proximity to trees on the site and future management of trees.  The Tree Management Plan must at a minimum:

(a)     Nominate tree protection / preservation measures prior to, during and post construction specific to each tree.

(b)     Nominate key construction hold points where the project arborist is required to undertake induction, monitoring and certification of tree protection measures.

(c)     Nominate a project arborist.

 

          Once endorsed, the Tree Management Plan will form part of the planning permit.

 

4.       Before the development starts, a report and additional plan prepared by a suitably qualified and accredited person demonstrating that access to and throughout the buildings is provided in accordance with the Disability (Access to Premises – Buildings) Standards 2010 and applicable Australian Standards: AS 1428.1-2009, AS/NZ 1428-2009 and AS 2890.6-2009 and conforms with the objectives of the Disability Discrimination Act 1992 (Commonwealth) is to be submitted to the Responsible Authority. 

 

5.       Before the development starts, a Sustainable Design Assessment (SDA), prepared by a suitably qualified professional, addressing the key sustainable building categories listed below must be submitted to and approved by the Responsible Authority:

 

(a)     Indoor Environment Quality

(b)     Energy Efficiency

(c)     Water Efficiency

(d)     Storm Water Management

(e)     Building Materials

(f)      Construction and Building Management

(g)     Waste Management

(h)     Urban Ecology

 

Upon approval, the SDA will be endorsed as part of the planning permit, and the development must incorporate all the sustainable design initiatives outlined in the endorsed SDA to the satisfaction of the Responsible Authority. 

 

6.       Before the development starts, three copies of a revised detailed landscape plan prepared by a person suitably qualified and experienced in landscape design must be submitted to and approved by the responsible authority.  The plans must be           drawn to scale with dimensions and show all proposed landscaping including details for all proposed landscape embellishments such as garden beds, planting, seating, shade provision, bins, bin enclosures, bike racks, playground elements, signage, drinking fountains, irrigations systems, artwork, retaining walls, lighting and fencing.  The plan must also provide a maintenance schedule and a schedule of plant species which includes plant quantities, size at maturity and supply size.  Species selection is to be to the satisfaction of the responsible authority.  Note that the proposed trees must be at an advanced stage of growth when planted. Limited Tree planting should be provided within the setback between Plenty Road and the heritage building to ensure the built form remains identifiable from Plenty Road.

 

7.       Before any works, including works required by other authorities, commence:

 

(a)     Four 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:

 

(i)      Include separate parts describing relevant matters of occupational health and safety, traffic management, environmental controls and cultural protection measures,

(ii)     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,

(iii)    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,

(iv)    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.

(v)     Include measures to reduce the impact of noise, dust and other emissions created during the construction process.

 

(b)     All environmental and cultural protection measures identified shall be described on a drawing(s) drawn to scale and prepared in accordance with Melbourne Water standards for such drawings.

 

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 continually and completed to the satisfaction of the Responsible Authority.

 

8.       Before the development works start, temporary tree protection fencing to the Responsible Authority’s satisfaction must be erected around the perimeter of all tree protection zones and must be inspected by a Council representative prior to any works commencing.  Tree protection zone fencing must comprise:

 

(a)     Treated pine posts with a minimum height of 1.8 metres (total post length) at every corner or at a maximum interval of 9.0 metres.  These posts must be sunk 450mm into the ground.  Concrete may affect the soil pH level and shall not be used to secure posts.

(b)     Treated pine stays must be fixed to all corner posts.

(c)     Steel star pickets with a minimum height of 1.8 metres (total picket length) must be installed between the treated pine posts at a maximum interval of 3.0 metres.  These pickets must be sunk 450mm into the ground and shall include high visibility safety caps.

(d)     Ring lock wire mesh fencing with a minimum height of 1.2 metres must be securely fixed at each post with wire ties.  The fence must completely enclose the tree protection zone.

(e)     High visibility hazard marker tape must be securely fixed to the top of the ring lock mesh fencing with wire ties.

(f)      Signage must be attached to the fence at regular intervals.  Signage shall read “TREE PROTECTION ZONE.  NO ENTRY EXCEPT TO AUTHORISED PERSONNEL.  FINES SHALL BE IMPOSED FOR REMOVAL OR DAMAGE OF FENCING AND/OR TREES”.

 

The Tree Protection Zone temporary fencing must be maintained until works are completed to the satisfaction of the responsible authority or until such earlier date as is approved by the responsible authority in writing.

 

With the agreement of the responsible authority, tree protection zone fencing may not be provided where permanent reserve fencing is introduced prior to construction.  The specification of the permanent fencing must be to the satisfaction of the responsible authority.

 

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.     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.

 

12.     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.

 

13.     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.

 

14.     During the construction phase, a truck wheel washing facility or similar device must be installed and used to the satisfaction of the Responsible Authority so that vehicles leaving the site do not deposit mud or other materials on roadways. Any mud or other materials deposited on roadways as a result of construction works on the site must be cleaned to the satisfaction of the Responsible Authority within two hours of it being deposited.

 

15.     No buildings or works, including loading and unloading, storage of materials, dumping of waste, vehicle access, parking or other construction activity is to occur within a tree protection zone without the written consent of and to the satisfaction of the Responsible Authority. 

 

16.     The use and 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.

 

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

 

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

 

19.     Prior to the occupation of the buildings 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.

 

20.     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.

 

21.     Prior to the occupation of the buildings 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.

 

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

 

23.     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.

 

24.     Prior to the use commencing a compliance inspection and report from the author of the Sustainable Design Assessment (SDA) (or similarly qualified person or company) approved pursuant to this permit, must be submitted to the Responsible Authority.

 

          The compliance report must be to the satisfaction of the Responsible Authority and must confirm that all measures specified in the SDA have been implemented in accordance with the approved documentation.

 

25.     The child care centre use may operate only between the hours of 6.30am and 7.00pm Monday to Friday, unless otherwise agreed in writing by the Responsible Authority.

 

26.     The childcare centre use shall be restricted to a maximum of 152 children at any one time except with the further written consent of the Responsible Authority.

 

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

 

29.     A sign to the satisfaction of the Responsible Authority must be provided directing drivers to the area set aside for car parking and must be maintained to the satisfaction of the Responsible Authority.  The sign must not exceed 0.3 square metres in area.

 

30.     No fewer than 106 car spaces must be provided on the land for the use and/or development.

 

31.     Provision must be made within the car park on the site to the satisfaction of the Responsible Authority, for one car parking space clearly marked for the disabled.

 

32.     All goods and/or waste receptacles shall be screened from public view to the satisfaction of the Responsible Authority.

 

33.     Adequate provision shall be made for the storage and collection of garbage and other solid wastes within the curtilage of the site.  This area shall be properly graded and drained, and screened from public view to the satisfaction of the Responsible Authority.

 

34.     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.

 

35.     Collection of waste must be in accordance with the Waste Management Plan prepared by GTA Consultants (dated 30 July 2015) as approved by the Responsible Authority.  Waste collection must be undertaken by a private contractor and must not cause unreasonable disturbance to nearby properties to the satisfaction of the Responsible Authority.

 

TREE REMOVAL CONDITIONS

36.     No native vegetation, other than that shown on the endorsed plan, shall be destroyed, felled, lopped, ring barked or uprooted, without the consent of the Responsible Authority.

 

37.     In order to offset the removal of native vegetation (habitat hectares and scattered trees) approved as part of this permit, the applicant must provide a native vegetation offset that is in accordance with the Permitted Clearing of Native Vegetation – Biodiversity assessment guidelines and the Native Vegetation Gain Scoring Manual.

 

          The offset must also contribute a gain of the required general biodiversity equivalence units, preferably be located within the boundary of the Whittlesea municipality, and have a strategic score of at least 80 per cent of the strategic biodiversity score of the native vegetation approved for removal.  Before any native vegetation is removed, evidence that an offset has been secured must be provided to the satisfaction of the responsible authority. 

 

38.     Prior to removal, the subject trees must be inspected by a suitably qualified and experienced zoologist to determine the presence of animals living or nesting in the tree. Should any native animals be detected, reasonable steps must be taken to capture and relocate such animals as recommended by the zoologist.

 

39.     Each tree nominated for removal must be suitably marked prior to the commencement of any works and an inspection arranged with an appropriate Council officer to verify that the trees marked accords with this permit.

 

40.     The applicant must contact Council’s Parks and Open Space Department to arrange for an appropriate officer to be present on site to supervise the removal of the trees.

 

41.     The project manager is to ensure that tree removal is carried out in a safe manner.

 

42.     The project manager is to locate all services either above or below ground prior to the commencement of any works.

 

43.     Stumps and any surface roots are to be ground down below ground level. Ground and chipped material to a depth of 50mm is to be removed from site at the direction of the project manager. The project manager must supply and replace suitable topsoil and seed the area making certain that the reinstated ground surface is level, even and safe.

 

44.     All stumps not removed immediately after removal of the tree are to be paint marked with a suitable bright yellow reflective marking paint.

 

45.     All stumps must be removed within 14 days of removal of the tree.

 

46.     After a tree has been felled, the tree must be protected from firewood harvesting via temporary fencing and signage to the satisfaction of Council until such time as the tree has been relocated for habitat or mulched.

 

47.     Wherever possible and appropriate, native trees to be removed should be retained for use in core conservation areas for habitat purposes or reused in open space as urban art, park furniture and/or other uses determined appropriate by the Responsible Authority.

 

48.     All timber greater than 300mm in diameter that cannot be reused as habitat, furniture or another use determined as appropriate by the Responsible Authority shall be hammer milled and shredded for reuse as mulch within the subject site.

 

49.     All timber less than 300mm in diameter and branch/leaf material shall be shredded for re-use as mulch within the subject site.

 

50.     At the completion of the works, the applicant is to arrange for an appropriate Council officer to inspect the site to ensure compliance with the planning permit.

 

VICROADS (CONDITION NOS. 51-54)

 

51.     Before the use approved by this permit commences, the following roadworks on Plenty Road must be completed at no cost to and to the satisfaction of the Roads Corporation:

 

§  Removal of disused vehicle crossing on Plenty Road with the area reinstated to kerb and channel.

 

52.     No additional direct access from the proposed development is to be provided to Plenty Road.

 

53.     An advertising sign must not dazzle or distract road users due to its size, design and colouring.

 

54.     The luminance of an advertising sign must be such that it does not give a veiling luminance to the driver, of greater than 0.25 cd/m2, throughout the driver’s appropriate to the advertising sign.

 

55.     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; or

(c)     The approved use is not commenced within two years of the completion of the development.

 

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.

 

Health Department Note

 

The Child Care Centre kitchen is required to be registered with City of Whittlesea under the Food Act.  Detailed plans and elevations of the kitchen/work areas should be submitted to Council’s Health Department for approval before any building or fit out work commences, to ensure compliance with the required Standards.

 

Tree Removal Note

Prior to the removal of the tree, the permit holder must notify all adjacent landholders that the tree is to be removed with Council consent.

VicRoads Note

 

Separate consent for works within the road reserve and specifications of these works is required under the Road Management Act.  For the purpose of this application the works will include provision of:

§  Removal of disused crossover.

Council Resolution

Moved:                       Cr Griffin

Seconded:               Cr Kirkham

 

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

Carried

 


Ordinary Council Minutes                                                                      Tuesday 7 June 2016

 

6.1.9    385 Towts Road Whittlesea - retrospective application for buildings and works

File No:                                  715389

Attachments:                        1        Locality Maps  

2        Site Plan  

3        Photos of Existing Mound  

4        Concept Landscape Plan    

Responsible Officer:           Director Planning & Major Projects

Author:                                  Principal Planner   

 

APPLICANT:                                  Danielle McBain

COUNCIL POLICY:              Nil

ZONING:                               Green Wedge Zone

OVERLAY:                            Nil    

REFERRAL:                          Nil

OBJECTIONS:                      One

RECOMMENDATION:         That Council approve the application

Report

EXECUTIVE Summary

The applicant is making a retrospective application for the works comprising an earth mound associated with the existing residential use. 

The earth mound is intended for landscaping to provide a windbreak and a natural privacy screen from neighbouring properties.  No planting has occurred on the earth mound at this stage. 

The earth mound has limited visibility from outside the site, however there is clear view from the private property to the west.  The earth mound has no impact on vegetation, access, use of the site or other attributes of the Green Wedge Zone. 

On the basis of its minor nature and limited offsite impact, it is recommended that Council approve the application subject to permit conditions requiring reduction of its size and provision of substantial landscaping on its surface. 

SITE AND SURROUNDING AREA

The subject site is located on the southern side of Towts Road (see Attachment 1) and it contains a dwelling, outbuildings and planted vegetation.  The buildings on the site sit near the crest of the hill taking advantage of surrounding views.  The subject site is approximately 33ha in area. 

To the west of the subject site the land is zoned Rural Conservation Zone.  To the north of the subject site the land is zoned Green Wedge A Zone, while the remaining neighbouring land has the same zoning as the subject site, Green Wedge. 

There are a number of other dwellings near to the site, located on large allotments.  There are some small scale farming uses that surround the site. 

The nearest dwelling to the subject site is to the west, approximately 120m from the location of the subject ‘earth mound’. 

The location where the earth mound was created was open grassy area with no notable vegetation.  The owners of the land have undertaken substantial boundary native plantings along the northern boundary of the subject site.  The earth mound is located approximately 30m west of the existing outbuilding on the site (the outbuilding exists between the dwelling and the earth mound). (See Attachment 2)

restrictions and easements

There are no restrictions registered on title. 

Proposal

This is a retrospective application for works that have been undertaken to create an earth mound.  The applicant has advised that it is their intention to undertake plantings on the earth mound to create screening and act as a wind break.

In February 2015 Council received a complaint that an earth mound was under construction on the subject site.  Inspections of the site confirmed this the soil that had been placed in that location had allegedly come from elsewhere on the site when the existing dam had been deepened.  Subsequently, this application was lodged for retrospective approval.

The earth mound is best described as being approximately 13m wide and 40m long with an overall height of 3.5m on the low side (western elevation) and 2.5m on the high side (east elevation).  The earth mound is located approximately 22m from the western property boundary and approximately 120m from the nearest house to the west.  The dwelling to the west sits on land elevated above the subject site and earth mound (after a small gully between the two). 

Currently there is no vegetation on the earth mound (except for some weeds), the soil colour is best described as a light beige colour, a significant contrast to its green pasture surrounds.

Public Notification

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

1.       Application information is insufficient

2.       Potential impact on native grasses

3.       Visual presence of the earth mound

Officer assessment

Pursuant to Clause 35.04-5 ‘buildings and works’ of the Green Wedge Zone, that applies to the site, the works that have been undertaken are associated with a Section 2 use (dwelling) and therefore requires planning approval.  Given the size of the earth mound it is considered that the exemption for ‘gardening’ (pursuant to Clause 62.02-1) is not appropriate. 

Following the objection that was received, and a site inspection by Council, the applicant was required to submit a concept landscape plan with suggestions of planting to be undertaken on the earth mound.  The applicant submitted a plan on 16 March 2016, demonstrating a mixture of planting including a mix of trees and shrubs including Candlebark, Blackwood, Yellow Box, Snow Gum, Lomandra, Correa and Cinnamon Wattle (see Attachment 4).  The landscape concept plan was referred to Council’s Land Management and Biodiversity Team who was satisfied that the species proposed and densities were appropriate. 

The main concerns of the complainant appear to be regarding the appearance of the earth mound, and it is agreed that the earth mound in its current form is unsightly when viewed from neighbouring sites, which is a consideration in the decision guidelines of the zoning. However, planting out of the earth mound would generally address that matter, which is consistent with the objectives of the landowner who constructed the earth mound.  Thick planting of the earth mound with a mix of species and heights would provide a pleasant outlook from both within and outside the site.  The planting of the mound with native species will also offer a contribution to the area as food and habitat for native animals (most likely birds). 

It is however noted that the earth mound when viewed from the west (direction of the objector) is the most intrusive into the landscape because of the fall of the land.  It is considered appropriate that the scale of the earth mound be reduced, which would not inhibit the desired landscaping of the applicant and would still achieve some privacy to the grassed area of the subject site. 

Requirements of planting and reducing the size of the earth mound can both be achieved through planning permit conditions in the event that a permit is issued.  If the applicant fails to meet the requirements of the permit including undertaking the planting works the permit requirements can be enforced and ultimately it can be required that the entire earth mound be removed. 

Comments on Grounds of Objection

1.   Application information is insufficient

The applicant provided additional information during the application, additionally it should be noted that since this is a retrospective application all parties can clearly see the location, size and setbacks of the subject earth mound.  Accordingly, this ground of objection cannot be substantiated. 

 

2.   Potential impact on native grasses

Council officers undertook a site inspection.  During that inspection there was no concern raised regarding the potential impact of the earth mound on native grasses.  The vegetation has been heavily modified over time from various uses, including most likely the use as pasture. Accordingly, this ground of objection cannot be substantiated. 

3.   Visual presence of the earth mound

The matters of visual presence have been discussed at length in the officer’s assessment.  It is agreed that there is an impact on the neighbour’s view as a result of the earth mound, however reducing the height and incorporating landscaping will largely address this issue.  It should also be noted that the views enjoyed from that site are far greater than the site of the earth mound, which sits as the base of the gully from their dwelling.  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 considered against the Whittlesea Planning Scheme and in particular the objectives and decision guidelines of the Green Wedge Zone. 

The proposal, albeit retrospective, will achieve a positive outcome for the site in terms of additional native vegetation planting and improved amenity without have a detrimental impact on the surrounding area.  Accordingly, approval of the application is recommended. 

 

Recommendation

THAT Council resolve to approve Planning Application No. 715389 and issue a Notice of Decision to Grant a Permit for retrospective approval for the buildings and works (earth mound) associated with a dwelling at 385 Towts Road, Whittlesea in accordance with the endorsed plans and subject to the following conditions:

 

1.  Within three (3) months of this permit, amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority.  When approved, the plans will be endorsed and will then form part of the permit.  The plans must be drawn to scale with dimensions and three copies must be provided.  The plans must be generally in accordance with the plans provided with the application, but modified to show:

 

a)   Location of the earth mound relative to the whole site.

b)   Setbacks (current) of the earth mound from the western boundary.

c)   Corrected width and length (current) dimensions of the earth mound.

d)   The overall height of the earth mound reduced to 1.5m on the eastern side and 2.0m on the western side (the mound may be benched to achieve the required heights).

e)   Landscaping Plan as required in Condition No. 2 of this permit.

 

2.  Within three (3) months of this permit, a satisfactory landscaping plan is submitted to and approved by the Responsible Authority.  The plans must be drawn to scale and three copies provided.  Such plan must be prepared by a person suitably qualified or experienced in landscape design and shall include:

 

a)   Details of planting for the entire earth mound.

b)   A schedule of all proposed trees, shrubs and ground covers including:

i)     the location and size at maturity of all plants;

ii)    the botanical names of such plants;

iii)   the planting pot sizes;

iv)   quantities of each plant.

c)   Maintenance schedule for the landscaping including:

i)     Planting method;

ii)    Watering schedule/method;

iii)   Weeding schedule/method;

iv)   Fencing detail (if required).

         

          The landscape plan must comply with the ‘revegetation guidelines’       (Note          Number SLMP01) and ‘shelterbelts’ (Note Number SLMP04) published by City of      Whittlesea as part of the Sustainable Land Management Program

 

3.  The landscaping shown on the endorsed plans must be maintained to the satisfaction of the responsible authority, including any dead, diseased or damaged plans are to be replaced. 

 

4.  No environmental weeds may be planted or allowed to invade the area of the earth mound, to the satisfaction of the Responsible Authority.

 

5.  The development as shown on the endorsed plans must not be altered without written consent of the responsible authority. 

 

6.  The proposed works must be managed so that the amenity of the area is not detrimentally affected though the:

 

a)   Transport of materials, goods or commodities from the land

b)   Appearance of any building, works and materials;

c)   Soil runoff

d)   Weeds.

 

7.  This permit will expire if:

 

a)   The proposed modifications are not commenced within six (6) months of this permit; or

b)   The required landscaping works are not completed (planted) within ten (10) months of this permit. 

The Responsible Authority may extend the time if a request is made in writing before the permit expires or within six months afterwards.

 

Council Resolution

Moved:                       Cr Griffin

Seconded:               Cr Kirkham

 

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

Carried

 


Ordinary Council Minutes                                                                      Tuesday 7 June 2016

 

6.1.10  Landscape Bond Policy Review

File No:                                  141796

Attachments:                        1        Landscape Guidelines for Residential Developments  

2        Landscape Guidelines for Non Residential Uses in Residential Areas  

3        Landscape Guidelines for Industrial Developments    

Responsible Officer:           Director Planning & Major Projects

Author:                                  Manager Established Areas Planning   

 

RECOMMENDATION:         That the Landscape Bond Policy be revoked and revised landscape design guidelines be approved.

Report

EXECUTIVE Summary

This report discusses Council’s Landscape Bond Policy which was originally adopted by Council over 20 years ago and was most recently reviewed by Council in 2014.  This report recommends that the policy be revoked as it is no longer considered to be administratively effective.  It is proposed that landscaping outcomes associated with new development continue to be monitored under Council’s general planning compliance and inspection programs.

To assist applicants, and provide more clarity in landscaping requirements, a series of design guidelines have been prepared.  This report also recommends adoption of landscape guidelines for:

·    Residential Development

·    Non-residential Uses in Residential Areas

·    Industrial Areas.

BACKGROUND

Council resolved to adopt a Landscape Bond Policy at its meeting on 22 May 1995.  At its meeting on 28 October 2014, Council considered an officer report reviewing the effectiveness of the policy.  The report outlined the benefits and limitations of the policy having regard to administrative processes, the current Whittlesea Planning Scheme and VCAT decisions.  At that time Council resolved to change the policy to include the following:

a)   Refund of bond if generally in accordance with endorsed landscape bond.

b)   Refund of bond within one month of satisfactory completion of the landscaping.

c)   Change to the rate for residential development to $1,000 bond per five units or part thereof.

d)   Refund of the bond to the payee.

e)   Landscape bond to apply to the front setback only.

f)    Where refunds are refused, the matter to be reported to Council.

g)   Changes to the rate for industrial and commercial development to an appropriate rate per square metre.

Council also resolved that landscape design guidelines be redrafted and presented for adoption.  The revised guidelines are discussed further in this report.

At present, approximately $2.6M worth of landscape bonds are held by Council.  A total of $0.7M in bond payments were received during the 2015 calendar year and $0.6M was refunded during this same period.  Approximately 293 bond payments received prior to 2015 are currently unclaimed.  Most of these relate to development that is still yet to commence or be completed.  The remaining smaller proportion comprises unclaimed payments.  Bonds that remain unclaimed over a longer term and are not returned are required to be forwarded to the State Revenue Office.  To date all unclaimed bond payments are being retained pending a full review of the associated planning permits.  An inventory of current outstanding bonds has been prepared and opportunities are being investigated to make outstanding bonds available to current landholder/ permit holders for landscape improvement works.

Discussion

An internal review of the effectiveness of the bonding program following Council’s most recent resolution in 2014 has shown that the equivalent of a 0.5 full time position is required to administer, inspect and report on the planning aspects of the bonding arrangements.  Further resources are required to administer the financial receipt and return of bond amounts.  The review has concluded that costs associated with this administration outweigh benefits.  Costs associated with the administration of bonds and associated inspections are not incurred by developers but rather by Council.  Other relevant considerations are:

·    The Victorian Civil and Administrative Appeals Tribunal have requested in recent cases that Council requirements for landscape bonds be paid back with interest following any satisfactory completion.  The requirement for interest repayment has not previously occurred.

·    Landscape bonding is not a statutory requirement within the Victorian Planning Provisions and the Whittlesea Planning Scheme.

·    Concerns have been expressed that private investment is being tied up in bond payments.

Where there has been a failure by a permit holder to undertake or maintain landscape works associated with a development, current permit conditions state that Council will undertake landscape works using bond payments.  In practice this has not occurred and would pose difficulties and liability concerns if Council were to undertake such works on private land. 

For the above reasons, it is now considered appropriate that landscape establishment, completion and maintenance form part of Council’s compliance inspection program.  Targeted education and compliance programs focusing on landscape elements, types of development and areas where particular issues are identified would provide a better utilisation of the resources available.  Creating a culture of respect within the development community and for permit holders in relation to the delivery and maintenance of landscape outcomes can form part of a proposed broader planning enforcement proactive program.

The recommendation to not continue with the Landscape Bond Policy addresses Council concerns about the impact on investors and permit holders – the majority of which do adhere to permit requirements.  While reduced bond amounts would potentially address some of these issues, Council administration of the bonding system would still be required under a reduced bonding arrangement. 

If the Landscape Bond Policy is revoked, bonding requirement will need to be retained with respect to those permits that have been previously granted but not yet acted on.  Under these circumstances, a permit holder may choose to retain the bonding condition or alternatively may make an application to have the relevant condition on the permit removed.

 

Landscape Guidelines

To assist applicants and permit holders, new landscape guidelines have now been prepared for residential, non-residential uses in residential areas and for industrial areas (see Attachment 1).  These documents have been prepared by consultants to reflect current landscape standards. The new guidelines have been reviewed by Council’s Parks and Open Space Department.  Council has previously resolved that these documents be prepared for adoption.

Relevant key stakeholders and developers will be advised in writing of any changes set out in this report where resolved by Council.

Conclusion

While landscape bonding has in the past proved to be effective in ensuring the initial provision and maintenance of landscaping, there are significant administrative costs in achieving this outcome.  As landscape bonding is not a statutory requirement, it is recommended that the Landscape Bond Policy be revoked.  Council’s general planning compliance and inspection programs will continue to monitor landscape outcomes.  New landscape guidelines recommended for approval in this report will further assist applicants and permit holders in achieving good outcomes.

Declaration of Interest

Cr Lalios declared an direct interest in Item 6.1.10 – Landscape Bond Policy Review.

 

Prior to the matter being considered or any vote taken in relation to the matter, Cr Lalios left the Council Chamber at 7:45pm and advised the Mayor accordingly.

 

Cr Lalios returned to the Council Chamber at 8.07pm following the vote on Item 6.1.10 – Landscape Bond Policy Review.

 

Recommendation

THAT Council resolve to:

1        Revoke the Landscape Bond Policy; and

2        Approve the landscape guidelines prepared for residential development, non-residential uses in residential areas and for industrial areas

Council Resolution

Moved:                       Cr Kelly

Seconded:               Cr Kirkham

 

THAT Council resolve to

1.    Request that officers redraft the Landscape Bond Policy for all development to include:

a)    Refund of bond if generally in accordance with the endorsed landscape plan;

b)    Refund of the bond within one month of satisfactory completion of the landscaping;

c)    Change to the rate for residential development to $1000 bond per five units or part thereof;

d)    Refund of the bond to payee;

e)    Landscaping bond to apply to the front setback and driveway;

f)     Where refunds are refused the matter be reported to Council; and

g)    Change to the rate for industrial and commercial development to an appropriate rate per square metre.

2.    Request that officers present to Council the revised Landscape Bond Policy for consideration.

3.    Approve the landscape guidelines prepared for residential development, non-residential uses in residential areas and for industrial areas.

4.    Include a sunset clause in the revised Landscape Bond Policy

 

Carried

 

  

 


Ordinary Council Minutes                                                                      Tuesday 7 June 2016

 

6.2       Community Services

6.2.1    Visual Art and Civic History Collections Acquisitions Advisory Group Terms of Reference

File No:                                  191753

Attachments:                        1        Acquisitions Advisory Group Terms of Reference    

Responsible Officer:           Team Leader Aboriginal & Cultural Diversity

Author:                                  Team Leader Arts, Heritage and Events   

 

Report

Summary

On the 23 February 2016 Council resolved to adopt the City of Whittlesea Visual Art and Civic History Collections Policy and further resolved that a terms of reference for the Acquisitions Advisory Group (AAG) be prepared for endorsement by Council, prior to 30 June 2016.

This report presents the Terms of Reference for the Visual Art and Civic History Collections Acquisitions Advisory Group (Attachment 1) for Council’s endorsement. The AAG will be established to make recommendations to the Manager Community Cultural Development and Director Community Services regarding acquisitions and deaccessions over $2,000 in value for the City of Whittlesea’s Visual Art and Civic History Collections, as guided by the Visual Art and Civic History Collections Policy.

Background

Council adopted the Visual Art and Civic History Collections Policy on the 23 February 2016 which provides clear direction for the future development and management of the Visual Art and Civic History Collections. The Policy articulates a vision, principles, objectives, criteria and a governance model that supports effective and transparent decision making. This will ensure the collections are relevant and meaningful, and grow in cultural, social and economic value.

The vision for the Visual Art and Civic History Collections is that they will: contribute to creating vibrant and self-sustaining communities by reflecting and documenting: growth and change; the diversity of people, land and environment; and the social and cultural life of the municipality.

The Visual Art and Civic History Collections Policy states that: the City of Whittlesea will acquire, maintain and preserve, interpret and make accessible visual art and civic history items that represent and record the diverse range of social, physical, aesthetic, spiritual and cultural experiences in the past and present life of the City.

When the Policy was adopted Council also resolved that a Terms of Reference for the Acquisitions Advisory Group be prepared for endorsement by Council, prior to 30 June 2016.

A memo was circulated to Councillor’s on the 11 February 2016 regarding the Draft Visual Art and Civic History Collections Policy, which included a draft Terms of Reference for the Acquisitions Advisory Group.

The Policy states that Council will establish an Acquisition Advisory Group to make recommendations regarding significant acquisitions and deaccessions over $2,000 in value for the Visual Art and Civic History Collections. For artworks and heritage items valued at $2,000 or less it is proposed that they can be accepted into the collections by the CEO or delegated officer, who will be guided by the Policy.

The AAG membership will comprise of seven members, including:

·    City of Whittlesea Councillor representative.

·    Council’s Team Leader Arts, Heritage and Events; Cultural Collection Coordinator; and Team Leader Information Management.