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Minutes

 

OF Ordinary
COUNCIL MEETING

HELD ON

Tuesday 7 February 2017

AT 6.30pm

In Council Chamber, 25 Ferres Boulevard, South Morang


Ordinary Council Minutes                                                               Tuesday 7 February 2017

 

 

 

COUNCILLORS

 

RICKY KIRKHAM                            MAYOR, NORTH WARD

JOHN BUTLER                                NORTH WARD

EMILIA LISA STERJOVA               NORTH WARD

NORM KELLY                                  DEPUTY MAYOR, SOUTH EAST WARD

SAM ALESSI                                    SOUTH EAST WARD

ALAHNA DESIATO                         SOUTH EAST WARD

MARY LALIOS                                 SOUTH EAST WARD

LAWRIE COX                                   SOUTH WEST WARD

STEVAN KOZMEVSKI                   SOUTH WEST WARD

CAZ MONTELEONE                       SOUTH WEST WARD

KRIS PAVLIDIS                               SOUTH WEST WARD


Ordinary Council Minutes                                                               Tuesday 7 February 2017

 

 

 

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

HELEN SUI                                        DIRECTOR CORPORATE SERVICES

LIANA THOMPSON                          DIRECTOR PARTNERSHIPS & ENGAGEMENT

MICHAEL TONTA                              MANAGER GOVERNANCE

 


Ordinary Council Minutes                                                               Tuesday 7 February 2017

 

 

ORDER OF BUSINESS

 

The Chief Executive Officer submits the following business:

 

1.            Opening.. 9

1.1         MEETING OPENING AND PRAYER.. 9

1.2         ACKNOWLEDGMENT OF TRADITIONAL OWNERS STATEMENT.. 9

1.3         8th anniversary of 2009 bush fires.. 9

1.4         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.. 11

5.1         Petitions.. 11

5.1.1       Petition - Nature Strip Trees - Wildfire Court, Mill Park   11

5.1.2       Petition - Nature Strip Trees - Orchard Road, Doreen.. 11

5.1.3       Petition - Parking Issues - Lorne Street, Lalor.. 13

5.2         Joint Letters.. 13

Nil Reports.. 13

6.            Officers’ Reports.. 15

6.1         Planning and Major Projects.. 17

6.1.1       5 Buller Parade, Lalor - Construction of three dwellings   17

6.1.2       18 Monash Street, Lalor – Construction of three dwellings   25

6.1.3       52 Mount View Road, Thomastown - Construction of four dwellings.. 37

6.1.4       7 & 9 Pine Street, Thomastown - Construction of seven dwellings.. 49

6.1.5       70 & 72 Messmate Street, Lalor - Construction of eight dwellings.. 61

6.1.6       44 Applegum Drive, South Morang - Variation of Restrictive Covenant and Construction of Two Double Storey Dwellings   75

6.1.7       4 Oxley Avenue, Bundoora- Use of Land for the Purpose of a Home Occupation and Display of a Home Occupation Sign   87

6.1.8       3/4 BRAND DRIVE, THOMASTOWN - USE OF EXISTING INDUSTRIAL PREMISES AS A PLACE OF WORSHIP.. 95

6.1.9       266 Mahoneys Road, Thomastown - Use and Development of Land for the Purpose of a Concrete Batching Plant and Landscape Garden Supplies.. 103

6.1.10    2 HUON COURT, BUNDOORA - AMEND THE PLANNING PERMIT TO ALLOW THE CONSTRUCTION OF AN EXTENSION (FIRST FLOOR LEVEL) TO THE EXISTING DWELLING.. 121

6.1.11    17 LLOYD AVENUE, EPPING - REQUEST FOR EXTENSION OF TIME TO PLANNING PERMIT - CONSTRUCTION OF ONE SINGLE STOREY DWELLING TO THE REAR OF AN EXISTING DWELLING.. 131

6.1.12    3 Spring Street, Thomastown - Request for an extension of time to planning permit – construction of a two storey dwelling to the rear of an existing dwelling.. 135

6.1.13    130 Oakbank Boulevard, Whittlesea - request for extension of time to planning permit - construciton of two dwellings   139

6.1.14    124 Oakbank Boulevard, Whittlesea - request for extension of time to planning permit - construciton of two dwellings   143

6.1.15    13 Memorial Avenue, Epping - request for extension of time to planning permit - construction of four dwellings.. 147

6.1.16    3 Blossom Park Drive, Mill Park - Request for an extension of time to a permit - Use and Development of Land for the Purpose of a Medical Centre.. 151

6.1.17    46 GREENHILLS ROAD, BUNDOORA - REQUEST FOR EXTENSION OF TIME TO Planning PERMIT - CONSTRUCTION OF A DOUBLE STOREY DWELLING ADJACENT TO AN EXISTING SINGLE STOREY DWELLING   155

6.1.18    39 Davisson Street, Epping - REQUEST FOR EXTENSION OF TIME TO PLANNING PERMIT - CONSTRUCTION OF AN ADDITIONAL TWO DOUBLE STOREY DWELLINGS.. 159

6.1.19    421 GLENBURNIE ROAD, EDEN PARK - REQUEST FOR EXTENSION OF TIME TO PLANNING PERMIT - USE AND DEVELOPMENT OF land for the purpose of A DWELLING.. 163

6.1.20    26 ROMEO COURT, MILL PARK - REQUEST FOR EXTENSION of time TO PLANNING PERMIT - CONSTRUCTION OF FOUR DOUBLE STOREY DWELLINGS.. 167

6.1.21    PLANNING SCHEME AMENDMENT C198 - BUSHFIRE MANAGEMENT LOCAL PLANNING POLICY.. 171

6.1.22    AURORA PLANNING SCHEME AMENDMENT: REZONING OF 239-255 CRAIGIEBURN ROAD, WOLLERT FROM FARMING ZONE TO COMPREHENSIVE DEVELOPMENT ZONE.. 179

6.1.23    Plenty Valley Town Centre Structure Plan - Proposed Planning Scheme Amendment. 185

6.1.24    Cooper Street West - Planning Scheme Amendment. 197

6.1.25    2016/17 Second Quarter New Works Program Report. 207

6.2         Community Services.. 213

Nil Reports.. 213

6.3         City Transport and Presentation.. 215

6.3.1       Municipal Emergency Management Plan Update and Endorsement. 215

6.3.2       Response to Petition Traffic Management: Monash St Lalor   219

6.4         Corporate Services.. 223

6.4.1       Committee of Council Recommendation - Land Exchange - 182 & 214W Greenhills Road Bundoora.. 223

6.4.2       Committee of Council Recommendation - Road discontinuance adjoining 60 Sackville Street Mernda.. 227

6.4.3       Unconfirmed Minutes of Audit & Risk Committee Meeting   231

6.4.4       Assemblies of Councillors - 7 February 2017. 233

6.4.5       GREEN CITIES CONFERENCE 2017. 237

6.5         Partnerships & Engagement.. 241

6.5.1       Epping Community Services Hub - Sub Tenancies.. 241

6.6         Executive Services.. 245

Nil Reports.. 245

7.            Notices of Motion.. 245

Nil Reports.. 245

8.            Questions to Officers.. 245

9.            Urgent Business.. 245

10.         Reports from Delegates Appointed to Council by Other Bodies.. 245

11.         Questions to Councillors.. 245

12.         Confidential Business.. 246

12.1       Planning and Major Projects.. 246

12.1.1    UPGRADE AND EXTENSION OF RGC COOK RESERVE PAVILION CONTRACT 2015-108 – CONTRACT VARIATION REPORT. 246

12.2       Community Services.. 246

Nil Reports.. 246

12.3       City Transport and Presentation.. 246

12.3.1    Maintenance of Traffic Signals - Contract No. 2013-22  - Variation.. 246

12.3.2    ROAD DRAINAGE CONSTRUCTION QUEENSCLIFF ROAD, THOMASTOWN - TENDER EVALUATION REPORT - CONTRACT 2016-151. 246

12.3.3    Provision of Facility Trade Services - Contract No. 2014-125 - Contract Extension.. 246

12.3.4    Road Signs Tender Report. 246

12.3.5    SUPPLY & DELIVERY OF ONE COMPACT SUCTION SWEEPER - TENDER EVALUATION - CONTRACT 2016-168z1. 246

12.3.6    SUPPLY AND DELIVERY OF ONE REAR COMPACTOR - TENDER EVALUATION - CONTRACT 2014-2Z14. 246

12.4       Corporate Services.. 246

Nil Reports.. 246

12.5        Partnerships & Engagement. 246

Nil Reports.. 246

12.6        Executive Services.. 246

12.6.1    MEETINGS OF THE CHIEF EXECUTIVE OFFICER 5 December 2016 to 27 January 2017. 246

13.         Closure.. 248

 

 

Note:

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

 

 

 


Ordinary Council Minutes                                                               Tuesday 7 February 2017

 

1.         Opening

1.1       MEETING OPENING AND PRAYER

The Chief Executive Officer opened the meeting with a prayer at 6.31PM.

1.2       ACKNOWLEDGMENT OF TRADITIONAL OWNERS STATEMENT

On behalf of the City of Whittlesea the Mayor recognised the rich Aboriginal heritage of this country and acknowledged the Wurundjeri Willum Clan as the Traditional Owners of this place.

 

1.3       8th anniversary of 2009 bush fires

Today we mark the 8th anniversary of Black Saturday.

It was a horrendous day in our history in which 173 people died, including 12 people in the City of Whittlesea.

The bushfires of February 2009 devastated 78 communities and decimated 400,000 hectares of land, including areas in the northern parts of our City.

More than two thousand homes were destroyed and more than 230 people were displaced in the City of Whittlesea.

Time may have passed but for those directly affected, the memories are as fresh today as they were on 7th February 2009.

The journey over the past eight years has been to rebuild their homes and the more difficult task of rebuilding lives.

For many, the scars are too great as they mourn those lost.

 

A minutes silence was observed.

1.4       Present

Members:

Ricky Kirkham                     Mayor (North Ward)

John Butler                          Councillor (North Ward)

Emilia Lisa Sterjova             Councillor (North Ward)

Norm Kelly                           Deputy Mayor (South East Ward)

Sam Alessi                           Councillor (South East Ward)

Alahna Desiato                    Councillor (South East Ward)

Mary Lalios                          Councillor (South East Ward)

Lawrie Cox                          Councillor (South West Ward)

Stevan Kozmevski              Councillor (South West Ward)

Caz Monteleone                  Councillor (South West Ward)

Kris Pavlidis                         Councillor (South West 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

Ms Helen Sui                       Director Corporate Services

Ms Liana Thompson            Director Partnerships & Engagement

Mr Michael Tonta                Manager Governance

2.         Apologies

Nil

 

3.         Declarations of Interest

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

NIl

 

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

NIL

4.         Confirmation of Minutes of Previous Meeting

Council Resolution

Moved:                       Cr Lalios

Seconded:               Cr Kelly

 

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

Ordinary Meeting of Council held 13 December 2016.

Carried

 


5.         Consideration and Action on Petitions and Joint Letters

5.1       Petitions

5.1.1    Petition - Nature Strip Trees - Wildfire Court, Mill Park

File No:                                   133320

Petition received from 15 residents requesting Council remove and replace nature strip trees in Wildfire Court, Mill Park.

 

Council Resolution

Moved:                       Cr Lalios

Seconded:               Cr Kelly

 

THAT Council resolve to receive the petition from 15 residents requesting Council remove and replace nature strip trees in Wildfire Court, Mill Park and a report be prepared in accordance with Street Tree Master Plan.

 

Carried

 

 

5.1.2    Petition - Nature Strip Trees - Orchard Road, Doreen

File No:                                   133320

Petition received from 18 residents requesting the following from the Council on Orchard Road Doreen:

1.   Regular maintenance, wiring and pruning of these Trees that are gangly & overhang properties.

2.   Removal of Trees that impose the most threat to people & property.

3.   Regular clearing of drains.

4.   Weekly green garbage bin pickups instead of fortnightly.

5.   Regular weekly street cleaning and rubbish pickups from nature strips, including leaves, fallen bark and branches and litter from bus stops ie bottles, cans & food packaging.

Council Resolution

Moved:                       Cr Sterjova

Seconded:               Cr Pavlidis

 

THAT Council resolve to receive the petition from 18 residents on the Orchard Road Doreen nature strip and a report be prepared.

Carried


5.1.3    Petition - Parking Issues - Lorne Street, Lalor

File No:                                   ST/102823

 

Petition from seven traders requesting Council investigate and take appropriate action regarding parking issues in Lorne Street, Lalor

 

recommendation

THAT Council resolve to receive the petition from seven traders requesting Council investigate and take appropriate action regarding parking issues in Lorne Street, Lalor and a report be prepared.

 

Council Resolution

Moved:                       Cr Lalios

Seconded:               Cr Pavlidis

 

THAT Council resolve to:

1.         Note the petition;

2.         Refer the petition to the Director of Corporate Services noting that the enforcement of parking restrictions is an operational matter;

3.         Advise the traders that additional parking is being installed within the vicinity of  Lorne Street and the timing of construction of the additional parking; and

4.         Request the officers to work with the traders to resolve parking issues in Lorne Street Lalor.

 

Carried

 

5.2       Joint Letters

Nil Reports 


Ordinary Council Minutes                                                               Tuesday 7 February 2017

 

6.         Officers’ Reports

Council Resolution

Moved:                       Cr Kelly

Seconded:               Cr Kozmevski

 

THAT Council resolve to adopt the Recommendations for items numbers, 6.1.1, 6.1.2, 6.1.3, 6.1.4, 6.1.5, 6.1.6, 6.1.7, 6.1.9, 6.1.10, 6.1.11, 6.1.12, 6.1.13, 6.1.14, 6.1.16, 6.1.17, 6.1.19, 6.1.20, 6.1.21, 6.1.24, 6.1.25, 6.4.1, 6.4.2, 6.4.3, 6.4.4, 6.4.5 and 6.5.1.

Carried

 

 

Group Adoption of Items En Bloc

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

 

 

 


Ordinary Council Minutes                                                               Tuesday 7 February 2017

 

6.1       Planning and Major Projects

6.1.1    5 Buller Parade, Lalor - Construction of three dwellings

File No:                                  715935

Attachments:                        1        Locality Maps

2        Development Plans   

Responsible Officer:           Director Planning & Major Projects

Author:                                  Senior Planner   

 

APPLICANT:                                  Planning and Design Pty Ltd

COUNCIL POLICY:              Nil

ZONING:                               General Residential

OVERLAY:                            Development Contributions Plan (Schedule 3)

REFERRAL:                          Nil

OBJECTIONS:                      One

RECOMMENDATION:         That Council refuse the application

Report

EXECUTIVE Summary

The applicant proposes to demolish the existing dwelling and construct three double storey dwellings.  Two new vehicle crossovers will be constructed to Cooma Court.

Advertising of the proposal resulted in one objection being received. The grounds of objection relate to the site not being suitable for higher density development, neighbourhood character and car parking.

The proposal does not demonstrate a satisfactory level of compliance with the provisions of Clause 55 of the Whittlesea Planning Scheme. In particular the proposal does not provide an appropriate response to the Key Design Principles of the Housing Diversity Strategy (HDS) and does not provide adequate solar accesses to the secluded private open spaces for Dwelling Nos. 2 and 3.

The HDS nominates this site as being within the Suburban Residential Change Area. The proposal is not consistent with the key design principles of this Change Area and is not considered to be an acceptable.

On the basis of the Clause 55 assessment and the proposal’s response to the State and Local Planning Policy Frameworks including the HDS, it is recommended that Council refuse the application.


 

SITE AND SURROUNDING AREA

The subject site is a residential property located on the western side of Buller Parade, Lalor, approximately 225m west of Edgars Road (see Attachment 1).  The subject site is flat and irregular in shape with a frontage to Buller Street of 13.4m, a side boundary to Cooma Court of 21.2m and a 6.9m splay at the Buller Parade and Cooma Court corner. The site has a total area of 578m2.  The site currently contains a detached single storey dwelling constructed out of brick with a concrete tiled hipped roof.  There is no vegetation of significance on the site.

The surrounding area is generally characterised by a single storey dwellings with some examples of double storey dwellings present.  The adjoining properties both contain single storey dwellings constructed in brick. Examples of medium density development within the immediate vicinity are limited to a small number of dual occupancies and duplexes (e.g. 7 Cooma Court and 24 Lascelles Drive). 

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

·    St Catherine’s Primary School (90m east)

·    Edgars Road (220m east).

·    Lalor Gardens Primary School (300m north).

·    Bus route 357 – Wollert West to Thomastown Station (330m east).

·    Bus route 554 – Thomastown via West Lalor Loop (380m east).

·    Bus route 557 – Thomastown via West Lalor Loop (380m east).

restrictions and easements

The site is legally described as Lot 561 on Plan of Subdivision 091787. Covenant E872017 applies to the land which front fences. There are no restrictions on title that preclude Council from determining the application.

Proposal

It is proposed to construct three double storey dwellings (see Attachment 2). The existing dwelling will be demolished.

The three double storey dwellings will each contain an open plan kitchen/lounge/meals area, amenities, bedrooms within the upper level, bathroom and attached garage. Dwelling Nos. 1 and 3 each have three bedrooms, while Dwelling No. 2 has two bedrooms. Each dwelling is provided with a separate vehicle crossover.

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

 

Height/Scale

Number of Bedrooms

Setbacks

Private Open Space

Car Parking

Maximum Height

Dwelling No. 1

Double Storey

3

7.8m front (east), 0m side (south), and 4.1m rear (west).

53m2 (including 36mof secluded private open space)

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

7.1m (overall)

 

Dwelling No. 2

Double Storey

2

7.7m front (east) and 3.2m side (north)

141m2 (including 27mof secluded private open space)

Single garage (6.0m x 3.5m).

6.9m (overall)

 

Dwelling No. 3

Double Storey

3

3.0m front (north) and 0m side (west).

41m2 (including 25mof secluded private open space)

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

7.0m (overall)

 

Public Notification

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

1.       Higher density development inappropriate at this location

2.       Neighbourhood character impacts

3.       Multi-dwelling development will set an undesirable precedence

4.       Inadequate car parking

HOUSING DIVERSITY STRATEGY

The Housing Diversity Strategy (HDS) 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 Whittlesea Planning Scheme 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

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

The design of the proposed dwellings and material used including concrete roof tiles, brickwork, 22 degree roof pitch, gutters, fascia and eaves and front portico entrance are generally consistent with the existing character of the area.

The development of the site with all double storey dwellings projecting significantly forward of dwellings along Cooma Court with little ability to soften the built form with meaningful landscaping from this streetscape is contrary to the character of the area.  Additional crossovers to this elevation will further exacerbate the dominance on the street, as will the minimal separation at upper levels

B2

Residential policy

X

X

The HDS nominates the subject site within the Suburban Residential Change Area (Clause 21.09-4 of the Planning Scheme). This Change Area encourages standard density development with the preferred housing types comprising single dwellings and dual occupancies. Key design principles include low building heights that reflect the existing character, front setbacks to provide for significant landscaping and canopy trees, standard site coverage, increased side and rear setbacks to provide for building separation, increased private open space and the provision of a large canopy tree in the rear setback.

The proposed development is not consistent with the preferred density and key design principles outlined in the HDS. Of particular concerns is the lack of separation between the proposed dwellings.

B3

Dwelling diversity

N/A

N/A

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

B4

Infrastructure

P

P

 

B5

Integration with the street

P

P

 

B6

Street setback

P

P

 

B7

Building height

P

P

 

B8

Site coverage

P

P

 

B9

Permeability

P

P

 

B10

Energy efficiency

P

P

 

B11

Communal  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

 

 

 

B13

Landscaping

P

x

A landscape plan has not been provided with the application.  It is considered that this could be required as a condition on any permit that is issued. The provision of generous canopy trees and generous secluded private open space would be difficult to achieve on any plans that may be prepared.

B14

Access

P

P

 

B15

Parking location

P

P

 

B17

Side and rear setbacks

P

P

 

B18

Walls on boundaries

P

P

 

B19

Daylight to existing windows

P

P

 

B20

North-facing windows

P

P

 

B21

Overshadowing open space

P

P

 

B22

Overlooking

P

P

 

B23

Internal views

P

P

 

B24

Noise impacts

P

P

 

B25

Accessibility

P

P

 

B26

Dwelling entry

P

P

 

B27

Daylight to new windows

P

P

 

B28

Private open space

P

P

 

B29

Solar access to open space

X

X

Dwelling Nos. 2 and 3 do not comply with the standard due to the upper levels of each dwelling overshadowing the secluded private open space of each dwelling. This is a result of the proposed layout of the dwellings on the lot. Consequently, the proposal does not comply with this objective.

B30

Storage

P

P

 

B31

Design detail

P

P

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

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

3

2

2

Yes

2

2

1

1

Yes

3

3

2

2

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.       Higher density inappropriate at this location

The Whittlesea Planning Scheme and HDS nominates this site and surrounding areas  as a ‘Suburban Residential’ change area and seeks to restrict densities to single dwellings, dual occupancies and duplexes.  The site is considered suitable for a moderate increase in density.  However, the proposed development has been assessed as being deficient from a design perspective and that, in part, is attributable to the density proposed.

2.       Neighbourhood Character

The attributes of the surrounding area that define the character include generous front yards, tiled hipped roofs with eaves and upper levels being recessed from the ground floor to name a few.  As noted above, although there are aspects of the development that are consistent with the established and emerging preferred character, there is concern with all double storey dwellings projecting significantly forward of dwellings along Cooma Court with little ability to soften the built form with meaningful landscaping from this streetscape.  Additional crossovers to this elevation will further exacerbate the dominance on the street, as will the minimal separation at upper levels.

3.       Multi-dwelling development will set an undesirable precedence

Approval of a development proposal with design deficiencies as set out in this report does have the potential to lead to precedent when considering further applications.  However, a modest increase in density is supported and, where well-designed, has the potential to provide a positive precedent.  The current proposal would not lead to a good precent for future development.

4.       Inadequate car parking

The application provides the required car parking as set out at Clause 52.06 of the Whittlesea Planning Scheme.

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, Clause 55 and the State and Local Planning Policy Frameworks including the Housing Diversity Strategy.  The proposal fails to achieve appropriate levels of consistency with the relevant objectives of the State and Local Planning Policy Frameworks including Council’s HDS.  Although providing additional density of dwellings, this should not be at the expense of neighbourhood character or the amenity of the future occupiers of the dwellings.  The development fails to meet key objectives of Clause 55 including Neighbourhood Character, the Residential Policy and Solar Access to Private Open Space and therefore refusal of the application is recommended.


 

 

Recommendation

THAT Council resolve to Refuse Planning Application No. 715935 and issue a Refusal to Grant a Planning Permit for the construction of three double storey dwellings at 5 Buller Parade, Lalor on the following grounds:

1.       The proposal does not appropriately balance and achieve consistency with the relevant objectives of the State and Local Planning Policy Frameworks, in particular through the response to neighbourhood character.

2.       The proposal does not comply with Clause 55.02-1 (Standard B1) in relation to Neighbourhood Character, resulting in a poor response to the existing and preferred character of the area.

3.       The proposal does not comply with Clause 55.02-2 (Standard B2) due to the poor response to the Key Design Principals set out in the Housing Diversity Strategy.

4.       The proposal does not comply with Clause 55.05-5 (Standard B29) in relation to solar access to open space, resulting in a poor amenity outcome for future occupiers.

Council Resolution

Moved:                       Cr Kelly

Seconded:               Cr Kozmevski

 

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

Carried

 


Ordinary Council Minutes                                                               Tuesday 7 February 2017

 

6.1.2    18 Monash Street, Lalor – Construction of three dwellings

File No:                                  716225

Attachments:                        1        Locality Maps

2        Development Plans   

Responsible Officer:           Director Planning & Major Projects

Author:                                  Planning Officer   

 

APPLICANT:                                  MS Designer Living

COUNCIL POLICY:              Nil

ZONING:                               General Residential Zone

OVERLAY:                            Development Contributions Plan Overlay (Schedule 3)

REFERRAL:                          Nil   

OBJECTIONS:                      One

RECOMMENDATION:         That Council approve the application. 

Report

EXECUTIVE Summary

The applicant proposes to demolish the existing dwelling and construct three double storey dwellings on the subject site.

Advertising of the proposal resulted in one objection being received.  The grounds of objection relate to the proposed development potentially causing structural damage to their dwelling; and the stress caused by their proximity to a construction site.

The proposal demonstrates a satisfactory level of compliance with the provisions of Clause 55 of the Whittlesea Planning Scheme and meets all standards relating to site coverage, permeability and the provision of private open space. Conditions can be included to adequately address minor non-compliances in relation to overlooking.

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

On the basis of the Clause 55 assessment and the proposal’s general compliance with both the State and Local Planning Policy Frameworks including the HDS, it is recommended that Council approve the application.

SITE AND SURROUNDING AREA

The site is located on the north side of Monash Street, between Station and Gibson Streets, approximately 600m north-east to the Dalton Village Shopping Centre, and 800m south-west to Lalor train station. The land is a rhomboid shape with a street frontage width of 15.4m, a depth of 48.33m and an area of 730m2.

 

The site has been developed with a single storey, faux-brick dwelling setback approximately 8m from the street.  Vehicle access to a garage at the rear is located adjacent to the eastern boundary.  Private open space is located to the rear of the dwelling, and the front setback consists of lawn.  There is no significant vegetation on the site.

The adjoining properties to the east and west contain single storey brick dwellings and are both located 1.2m from the common boundary. Features directly in front of the site include a street tree.

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

·    Bus route along Childs Road (100m north).

·    Bus route along High Street (400m west)

·    Dalton Village Shopping Centre (600m north-east)

·    Pacific Epping Shopping Centre (800m north)

·    Lalor train station (800m south-west).

·    Partridge Street Reserve (100m south-east).

·    Lalor Reserve (700m south)

restrictions and easements

The site is legally described as Lot 150 on Plan of Subdivision 072155. There are no restrictions on title that preclude Council from determining the application.

PROPOSAL

It is proposed to demolish the existing dwelling on site and construct three double storey dwellings (see Attachment 2).

The dwellings are to feature open plan family and dining areas, with kitchen, laundry and powder rooms located at ground level. The three dwellings will each contain three bedrooms on the upper level (besides Dwelling 3, which features one bedroom at ground level). Dwellings 1 & 3 are to have a single car garage with a tandem parking space arrangement in the driveway, while a double car garage is proposed for Dwelling 2.

Dwelling 2 & 3 are to be accessed via the existing crossover by way of a shared driveway along the eastern boundary, while a new crossover and driveway along the western boundary is proposed to access Dwelling 1.

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

 

Height/Scale

Number of Bedrooms

Setbacks

Private Open Space

Car Parking

Maximum Height

Dwelling No. 1

Double storey

3

7.6m front (south), 0m side (west), 4.1m side (east)

40m²

One car parking space within a garage (6.0m x 3.5m) + tandem car space

7.8m (overall)

Dwelling No. 2

Double storey

3

2.3m side (west), 4.4m side (east)

40m2

Two car parking spaces within a garage (6.0m x 5.5m)

7.6m (overall)

Dwelling No. 3

Double storey

3

0m side (west), 0m side (east), 2.6m rear (north)

59m2

One car parking space within a garage (6.0m x 3.5m) + tandem car space

7.3m (overall)

Public Notification

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

1.       Structural damage to the neighbouring dwelling during construction

2.       Adverse health impacts of construction

HOUSING DIVERSITY STRATEGY

The Housing Diversity Strategy (HDS) 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 Whittlesea Planning Scheme 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

Developments within the area are generally from the 1960s & 70s and typically detached, double fronted single & double storey houses constructed of brick. Garages, where provided, are generally located at the rear of the property. Roofing is generally constructed of concrete tiles in varying colours.

As the housing stock ages, the preferred emerging character will be one of newer dwellings that will incorporate medium density multi-unit developments.  The proposed development will present as double storey to the street with a well-articulated upper level and varying materials that respond to those found within the area.

Overall, the design of the dwellings - which are to be constructed of brick at ground level and a mix of render and timber cladding for the first floor finishes – offer a contemporary take on the existing character of the neighbourhood.

B2

Residential Policy

P

P

The subject site is located within the Neighbourhood Interface Change Area within the HDS.  This Change Area encourages a range of low to medium building heights that can be integrated with existing housing stock. Moderate front setbacks are encouraged to provide sufficient space for landscaping and a medium canopy tree. Medium site coverage is allowed to facilitate a balance between increased densities and landscape opportunities. Provision of attractive landscaping to complement medium density built form is encouraged. 

 

The proposed three dwelling development achieves the key design principles for the Neighbourhood Interface Change Area.  The double storey nature of the dwellings is consistent with the existing single and double storey housing stock of the area, and sufficient separation has been provided between the dwellings at the upper floors.  The proposed setbacks from title boundaries will allow for landscaping to be provided throughout the development, including a medium - large canopy tree within the front setback of the property and within the private open space areas of Dwelling Nos. 2 & 3.

B3

Dwelling Diversity

P

P

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

B4

Infrastructure

P

P

 

B5

Integration with the street

P

P

 

B6

Street setback

P

P

The proposed front setback distance is equal to the setback distance of the adjoining dwellings.

B7

Building height

P

P

 

B8

Site coverage

P

P

 

B9

Permeability

P

P

 

B10

Energy efficiency

P

P

 

B11

Open space

N/A

N/A

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

B12

Safety

P

P

 

B13

Landscaping

P

Cond 3(f) & 4

There is opportunity within the frontage and within private open space areas for meaningful landscaping.  A condition of any approval granted will require a detailed landscape plan.

B14

Access

P

P

 

B15

Parking location

P

Cond 3(a)

Dwelling 2 living room windows facing the shared internal accessway currently do not comply with this standard.  A condition of permit will require compliance which will be easily achieved.

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

Cond 3(b)

The upper floor east-facing windows of Dwellings No. 1 & 2 appear to have some overlooking opportunity. Therefore, provision of diagrams representing full compliance with Clause 55.04-6 must be provided, or appropriate obscuring provided, to the satisfaction of the Responsible Authority.

B23

Internal views

P

P

 

B24

Noise impacts

P

P

 

B25

Accessibility

P

P

 

B26

Dwelling entry

P

P

 

B27

Daylight to new windows

P

P

 

B28

Private open space

P

P

 

B29

Solar access to open space

P

P

 

B30

Storage

P

P

 

B31

Design detail

P

Cond 3(g)

A full colour and materials schedule has not been submitted with the application. This will be included as a condition of any approval granted.

B32

Front fences

N/A

N/A

None proposed.

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

3

2

2

Y

2

3

2

2

Y

3

3

2

2

Y

Garages should be at least 6.0m long and 3.5m wide for a single space and 5.5m wide for a double space (measured inside the garage or carport).  An open car space should be at least 4.9m long and 2.6m wide.  Dwelling Nos. 1 and 2 comply with these requirements.

The proposed single car garage and tandem parking space for Dwelling No. 3 are 6m x 3.5m and 4.9m x 2.6m respectively. Turning templates have been applied and convenient and safe turning movements appear difficult to achieve, and are not supported. Therefore, a condition will be included on any permit issued which will require:

·    Dwelling 2: Widening of the accessway to the double garage to allow vehicles adequate turning space to leave the site in a forward facing direction, to the satisfaction of the Responsible Authority;

·    Dwelling 3: The deletion of bedroom 3 and the tandem car space, and the provision of adequate turning space for vehicles parked in the single car garage to leave the site in a forward facing direction, to the satisfaction of the Responsible Authority.

DEVELOPMENT CONTRIBUTIONS PLAN OVERLAY (SCHEDULE 3)

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

Comments on Grounds of Objection

1.   Structural damage to the neighbouring dwelling during construction

The objector has raised concerns that the demolition, earthworks and construction of the proposed development will cause damage to their dwelling.  This is not a relevant planning consideration and is a matter dealt with under the Building Act through Protection Works notices.

2.   Adverse health impacts of construction

The objector has raised concerns about the anticipated detrimental health effects that may be caused by the construction of the development, namely stress and anxiety. While the objector’s concerns are understood, the type of works proposed are considered to be normal and appropriate for a residential area and are not a relevant planning consideration.

Declarations of Conflicts of Interest

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

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

Conclusion

The application has been assessed against the Whittlesea Planning Scheme and in particular the objectives and standards of Clause 52.06, Clause 55 and the State and Local Planning Policy Frameworks including the Housing Diversity Strategy.  The proposal demonstrates a satisfactory level of compliance subject to conditions.  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. 716225 and issue a Notice of Decision to Grant a Permit for construction of three dwellings at 18 Monash Street, Lalor in accordance with the endorsed plans and subject to the following conditions:

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

2.       Prior to the endorsement of the plans required under Condition No. 3, or at such later date as the Responsible Authority may approve in writing, there shall be lodged with the Responsible Authority an amount of $1000 as security deposit for the satisfactory completion and maintenance of the landscaping works hereby permitted.

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

 

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

(a)     Modifications to dwelling 2 to ensure that the east facing habitable room windows comply with standard B15 of Clause 55.03-10;

(b)     Obscure glazing or screening in accordance with standard B22 of Clause 55.04-6 to the east facing windows of all habitable rooms on the first floor of Dwellings 1 & 2;

(c)     Deletion of bedroom 3 to Dwelling 3;

(d)     Deletion of the tandem car parking space to Dwelling 3;

(e)     Turning circles to the garages associated with Dwellings 2 & 3 to allow vehicles adequate turning space to leave the site in a forward facing direction, to the satisfaction of the Responsible Authority;

(f)      A landscape plan in accordance with Condition No. 4.

(g)     A schedule (including samples) of all external materials and colours for all walls, roofs, and doors including hard surface areas to be used for the construction of the proposed dwellings/buildings, including access ways.  Any proposed access way must be constructed from coloured concrete, bricks, pavers and not from plain concrete.

 

4.       A Before the development and/or use commences, three copies of a landscape plan prepared by a suitably qualified landscape designer to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed and will then form part of this permit. The plan must show:

 

a)      Details of landscaping for the front setback including a schedule of all proposed trees, shrubs and ground covers;

b)      The provision of two (2) canopy trees with a mature height of 5-7 metres, planted at a semi-advanced state within the front setback, and the provision of a canopy tree to the private open space of each dwelling;

c)      Paving, retaining walls, fence design details and other landscape works including areas of cut and fill;

d)      Consistency with the City of Whittlesea Landscape Guidelines for Residential Development.

 

5.       Prior to commencement of any works, a Construction Management Plan must be submitted to and approved by the Responsible Authority.  The plan must include details in relation to:

 

(a)     Vehicle access to the site.

(b)     Parking of construction vehicles.

(c)     Storage of materials/goods.

 

6.       Prior to commencement of any works, the permit holder must contact Council’s Infrastructure Protection Unit on 9401 5532 to arrange a site inspection to ensure all requirements of the Construction Management Plan have been completed to the satisfaction of the Responsible Authority.

 

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

 

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

 

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

 

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

 

11.     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.

 

12.     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.

 

13.     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.

 

14.     Prior to using or occupying any building on the site, 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.

 

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

 

16.     Prior to occupation of any building hereby approved, the permit holder must 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.

 

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

 

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

 

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

 

20.     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.

 

21.     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.

 

22.     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.

 

Before the permit expires or within three months afterwards, the owner or the occupier of the land to which it applies may ask the Responsible Authority for an extension of time. The Responsible Authority may extend the time within which the development is to be started or completed.

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.

 

Street Numbering Note

 

Please note that property addresses and numbering is allocated by Council.  This is usually formalised at the time of the subdivision, however it is Council’s intention to number the proposed dwellings as follows:

 

·    Dwelling 1 – 1/18 Monash Street, Lalor

·    Dwelling 2 – 2/18 Monash Street, Lalor

·    Dwelling 3 – 3/18 Monash Street, Lalor

 

Council Resolution

Moved:                       Cr Kelly

Seconded:               Cr Kozmevski

 

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

Carried

 


Ordinary Council Minutes                                                               Tuesday 7 February 2017

 

6.1.3    52 Mount View Road, Thomastown - Construction of four dwellings

File No:                                  716003

Attachments:                        1        Locality Maps

2        Development Plans   

Responsible Officer:           Director Planning & Major Projects

Author:                                  Planning Officer Established Areas Planning   

 

APPLICANT:                                  DC Building Design Studio

COUNCIL POLICY:              21.09 Housing

ZONING:                               General Residential

OVERLAY:                            Development Contributions Plan (Schedule 3)

REFERRAL:                          Nil

OBJECTIONS:                      One

RECOMMENDATION:         That Council approve the application

Report

EXECUTIVE Summary

The applicant proposes to demolish the existing dwelling and construct four new dwellings on the subject site (three double storey and one single storey).

Advertising of the application resulted in one objection being received.  The grounds of objection relate to the application being an overdevelopment, as well as traffic congestion and lack of car parking, including subsequent safety concerns.

The proposal demonstrates a satisfactory level of compliance with the provisions of Clause 55 of the Whittlesea Planning Scheme and meets all standards relating to site coverage, permeability and the provision of private open space.  Conditions can be included to adequately address minor non-compliances in relation to landscaping, overlooking and design detail.

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

On the basis of the Clause 55 assessment and the proposal’s general compliance with both the State and Local Planning Policy Frameworks including the HDS, it is recommended that Council approve the application.

SITE AND SURROUNDING AREA

The subject site is located on the east side of Mount View Road, Thomastown. The site is regular in shape and has an area of 715m2, with a 16.76m frontage to Mount View Road and a depth of 42.67m

The site currently contains a single storey weatherboard dwelling with a separate garage which is located in the south east corner of the site. The land is relatively flat and devoid of any significant vegetation. A large street tree is located in the nature strip immediately abutting the site. Access to the site is provided by a cross over located in the south west corner of the site accessible from Mount View Road.

The abutting property to the north is single storey brick dwelling, and to the south is a double storey brick dwelling.

Surrounding land is characterised by predominantly single storey dwellings on allotments ranging from 600-750m2. Dwellings are generally constructed from brick or weatherboard in 1950’s and 1960’s styles, with some more recent developments also present. Front fences are a common feature and are generally low in height and constructed from a range of materials including brick, metal, timber or steel. Multi-unit developments exist throughout the area, most notably on Mount View, Westall and Travers Roads, Thomastown.

The subject site is located within close proximity to the following services and community facilities:

§ Thomastown Shopping Centre (450m south-east)

§ Lalor Shopping Centre (430m east)

§ St Lukes Primary School (700m north-east)

§ Thomastown Railway Station (810m south-east)

§ Bus Service along High Street (450m east)

§ Main Street Recreation Reserve (300m south-west)

restrictions and easements

The site is legally described as Lot 317 on Plan of Subdivision 013050.  Covenant 2414384 applies to the land and relates to the removal of any earth, clay, stone, gravel or soil from the site for purposes other than building.  There are no restrictions on title that preclude Council from determining the application.

Proposal                                                                   

It is proposed to demolish the existing dwelling and construct four dwellings including three double storey and one single storey (see Attachment 2).

Dwelling Nos. 1, 2 and 3 are similar with the ground level comprising an open plan kitchen/meals/lounge area and powder room and the upper floor containing bedrooms and a bathroom. Dwelling No. 1 contains three bedrooms (one with ensuite) and Dwelling Nos. 2 and 3 each contain two bedrooms. The remaining Dwelling No. 4 is single storey and is proposed to contain an open plan kitchen/meals/lounge area, a laundry and bathroom.  Dwellings Nos. 2 - 4 will utilise the existing crossover and driveway located along the southern boundary and Dwelling No. 1 will be accessed by a new crossover and driveway located along the northern property boundary.

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

 

Height/Scale

Number of Bedrooms

Setbacks

Private Open Space

Car Parking

Maximum Height

Dwelling No. 1

Double storey

3

6.4m front (west), 0m side (north), 3.5m side (south)

72m2 (including 25m2 secluded private open space)

Single garage  (6.0m x 3.5m) + tandem car space

7.0m (overall)

Dwelling No. 2

Double storey

2

5.5m side (north), 3.5m side (south)

42m2 (all secluded private open space)

Single carport  (6.0m x 3.5m)

6.9m (overall)

Dwelling No. 3

Double storey

2

5.6m side (north), 3.5m side (south)

42m2 (all secluded private open space)

Single carport  (6.0m x 3.5m)

6.9m (overall)

Dwelling No. 4

Single storey

2

1.2m side (north), 3.5m side (south), 1.8m rear (east)

46m2 (including 25m2 secluded private open space)

Single carport  (6.0m x 3.5m)

4.9m (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 application is an overdevelopment

2.       Traffic congestion, lack of car parking and subsequent safety concerns

HOUSING DIVERSITY STRATEGY

The Housing Diversity Strategy (HDS) 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 Whittlesea Planning Scheme 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

Developments within the area are generally from the 1960s and typically detached, double fronted single storey houses in brick or weatherboard cladding.  Garages, where provided, are generally located at the rear of the property.

As the housing stock ages, the preferred emerging character will be one of newer dwellings that will incorporate medium density multi-unit developments.  The proposed development will present as double storey to the street with recessed upper levels in part and varying materials that respond to those found within the area.

Overall, the dwellings present a contemporary design in a neighbourhood which currently contains some examples of similar multi-dwelling developments and they have had appropriate regard to both the existing and emerging new character. 

B2

Residential Policy

P

P

The proposal provides an appropriate response to both the State and Local Planning Policy Frameworks through proposing a development that offers diversity to the existing housing stock.

 

The subject site is located within the Neighbourhood Interface Change Area within the HDS.  This Change Area encourages a range of medium building heights that can be integrated with existing housing stock. Moderate front setbacks are encouraged to allow activation of the street while also allowing for sufficient landscaping. Medium site coverage is allowed to facilitate a balance between increased densities and landscape opportunities. Provision of attractive landscaping to complement medium density built form is encouraged. 

Generally, the proposed four dwelling development achieves the key design principles for the Neighbourhood Interface Change Area.  The combination of double and single storey dwellings is consistent with the emerging medium density character of the area, and recession and separation has been provided at the upper floors to minimise the bulk and mass of the built form.  The proposed setbacks from title boundaries will allow for reasonable landscaping to be provided throughout the development, including a large canopy tree within the front setback of the property and smaller trees within the private open space areas of each dwelling.

B3

Dwelling Diversity

N/A

N/A

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

B4

Infrastructure

P

P

 

B5

Integration with the street

P

P

 

B6

Street setback

P

x

The proposed setback of 6.45m is less than the required setback of 7.55m; however, it is considered that within the context of the street and surrounding area there are examples of infill development with reduced front setbacks, whilst the Neighbourhood Interface Change Area as nominated in the HDS encourages further development which may necessitate more efficient use of sites including through reducing front setbacks. The planting of a large canopy tree can still be accommodated to provide an attractive streetscape appearance and the proposed setback is considered generally consistent with those found in the area.

B7

Building height

P

P

 

B8

Site coverage

P

P

 

B9

Permeability

P

P

 

B10

Energy efficiency

P

P

 

B11

Open space

N/A

N/A

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

B12

Safety

P

P

 

B13

Landscaping

P

P Condition 3 (b) & 4

A concept landscape plan was submitted with the application showing higher level locations for planting as well as paving or similar ground treatments.  A condition of any approval granted will require a detailed landscape plan.

B14

Access

P

P

 

B15

Parking location

P

x

This standard recommends that shared accessways should be located at least 1.5 metres from the windows of habitable rooms. This setback may be reduced to 1 metre where there is a fence at least 1.5 metres high or where window sills are at least 1.4 metres high.  In this instance, there are windows to habitable rooms along the length of the accessway that do not meet the setback requirements and are only 500mm from the accessway, however the applicant has proposed double glazing to these windows, some of which have raised sill heights to minimise any amenity impacts to future occupiers.  This is considered to be an acceptable outcome.

B17

Side and rear setbacks

P

P

 

B18

Walls on boundaries

P

P

 

B19

Daylight to existing windows

P

P

 

B20

North-facing windows

P

P

 

B21

Overshadowing open space

P

P

 

B22

Overlooking

P

P

 

B23

Internal views

P

P

 

B24

Noise impacts

P

P

 

B25

Accessibility

P

P

 

B26

Dwelling entry

P

P

 

B27

Daylight to new windows

P

P

 

B28

Private open space

P

P

 

B29

Solar access to open space

P

P

 

B30

Storage

P

P

 

B31

Design detail

P

Condition  3 (a)

A full colour and materials schedule has not been submitted with the application. This will be included as a condition of any approval granted.

B32

Front fences

N/A

N/A

None proposed.

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

3

2

2

Y

2

2

1

1

Y

3

2

1

1

Y

4

2

1

1

Y

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

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.   The application is an  overdevelopment

Council’s Housing Diversity Strategy nominates the subject site as located within the Neighbourhood Interface Change Area where medium density housing development is encouraged.  The proposal achieves a satisfactory level of compliance with Clause 55, which contains the various considerations that indicate whether a site is being overdeveloped or not and in this case, it is considered that the proposal is not an overdevelopment of the site.

2.   Traffic congestion, lack of car parking and subsequent safety concerns

The proposal is not expected to generate a significant increase in the number of vehicles along Mount View Road and therefore will not cause an adverse impact on the volume of traffic within the surrounding road network.  A development of this nature will typically generate between 17 and 26 vehicle movements per day which is only an increase of between 8 and 17 when taking into account the existing dwelling on site.  The existing street can comfortably accommodate this increase in vehicle movements per day.

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, Clause 55 and the State and Local Planning Policy Frameworks including the Housing Diversity Strategy.  The proposal demonstrates a satisfactory level of compliance subject to conditions.  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. 716003 and issue a Notice of Decision to Grant a Permit for construction of four dwellings at 52 Mount View Road, 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.       Prior to the endorsement of the plans required under Condition No. 3, or at such later date as the Responsible Authority may approve in writing, there shall be lodged with the Responsible Authority an amount of $800.00 as security deposit for the satisfactory completion and maintenance of the landscaping works hereby permitted.

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

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

a)      A full colour and materials schedule;

b)      A landscape plan in accordance with Condition No. 4.

4.       Before the development commences, three copies of a landscape plan prepared by a suitably qualified landscape designer to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed and will then form part of this permit. The landscaping plan must be generally in accordance with the landscape concept plan and must show:

 

a)         Details of landscaping for the front setback and other garden beds including a schedule of all proposed trees, shrubs and ground covers;

b)         The provision of (5) canopy trees within the front setback and open space areas of the dwellings planted at a semi-advanced state;

c)         Paving, retaining walls, fence design details and other landscape works including areas of cut and fill;

d)         Consistency with the City of Whittlesea Landscape Guidelines (Residential Development)

5.       Prior to commencement of any works, a Construction Management Plan must be submitted to and approved by the Responsible Authority.  The plan must include details in relation to:

 

(a)     Vehicle access to the site.

(b)     Parking of construction vehicles.

(c)     Storage of materials/goods.

 

6.       Prior to commencement of any works, the permit holder must contact Council’s Infrastructure Protection Unit on 9401 5532 to arrange a site inspection to ensure all requirements of the Construction Management Plan have been completed to the satisfaction of the Responsible Authority.

7.       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.

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

9.       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.

10.     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.

11.     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.

12.     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.

13.     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.

14.     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.

15.     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. 

16.     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.

17.     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.

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

19.     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.

20.     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.

21.     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.

22.     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.

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

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

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

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

Notes:

Advanced Trees

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

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

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

Property Numbering

Please note that property addresses and numbering is allocated by Council.  This is usually formalised at the time of the subdivision, however it is Council’s intention to number the proposed allotments/apartments/dwellings as follows:

          Dwelling 1          1/52 Mount View Road, Thomastown

          Dwelling 2          2/52 Mount View Road, Thomastown

          Dwelling 3          3/52 Mount View Road, Thomastown

          Dwelling 4          4/52 Mount View Road, Thomastown

Please check with Council’s Subdivision Department to verify all street numberings.

Easements

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

 

Council Resolution

Moved:                       Cr Kelly

Seconded:               Cr Kozmevski

 

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

Carried

 


Ordinary Council Minutes                                                               Tuesday 7 February 2017

 

6.1.4    7 & 9 Pine Street, Thomastown - Construction of seven dwellings

File No:                                  715551

Attachments:                        1        Locality Maps

2        Development Plans   

Responsible Officer:           Director Planning & Major Projects

Author:                                  Senior Planner   

 

APPLICANT:                                  Planning & Design P/L

COUNCIL POLICY:              21.09 Housing

ZONING:                               General Residential

OVERLAY:                            Development Contributions Plan (Schedule 3)

REFERRAL:                          Nil

OBJECTIONS:                      One

RECOMMENDATION:         That Council approve the application

Report

EXECUTIVE Summary

The applicant proposes to demolish the existing dwellings across the two properties and construct seven double storey dwellings.

Advertising of the proposal resulted in one objection being received. The grounds of objection relate to the site not being suitable for high density development, overshadowing, loss of privacy and car parking.

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

The Housing Diversity Strategy (HDS) nominates this site as being within the Neighbourhood Interface Change Area. The proposal generally complies with the preferred density and design principles of this Change Area and is considered to be an acceptable multi-dwelling 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 both the State and Local Planning Policy Frameworks including the HDS, it is recommended that Council approve the application.

SITE AND SURROUNDING AREA

The subject site is comprised of two residential properties located on the western side of Pine Street, Thomastown, approximately 95m north of The Boulevard (see Attachment 1).  The subject site is flat and irregular in shape with a frontage to Pine Street of 30.5m, a side boundary of 42.7m providing the site with a total area of 1,300m2.  The site currently contains a two detached single storey weatherboard dwellings each with a tin hipped roof and gable to the property frontage.  There is no vegetation of significance contained within the site.

The surrounding area is generally characterised by a single storey dwellings with some examples of double storey dwellings present.  The adjoining properties to the site both contain two single storey dwellings in a tandem configuration. Examples of medium density development within the immediate vicinity are located at 1, 3, 5, 11, 13, 14, 17 & 19 Pine Street and 126 & 128 The Boulevard. 

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

·    Bus route 570 –Thomastown to RMIT Bundoora (100m south).

·    Poplar Park (200m south).

·    Thomastown Shops (800m west).

restrictions and easements

The site is legally described as Lots 101 and 102 on Plan of Subdivision 013480. Covenant 2448748 applies to the land and relates to the removal of gravel or sand from the site for purposes other than building. There are no restrictions on title that preclude Council from determining the application.

Proposal

It is proposed to demolish the existing dwellings on the respective properties and construct seven double storey dwellings (see Attachment 2) across the two sites.

All of the dwellings will be double storey in nature and contain an open plan kitchen/lounge/meals area, amenities, bedrooms within the upper level, bathroom and attached garage. Dwelling No. 1 will have three bedrooms, while the remaining dwellings each have two bedrooms. Dwelling No. 7 will be provided with a new vehicle crossover to a private driveway. All other dwellings will have access via a centrally located shared accessway and the existing crossover to the north of the property will be reinstated.

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

9.1m front (east), and 3.5m side (north).

145m2 (including 26mof secluded private open space)

Single garage (6.0m x 3.5m).

7.4m (overall)

 

Dwelling No. 2

Double Storey

2

1.2m side (north).

40m2 (including 29mof secluded private open space)

Single garage (6.0m x 3.5m).

7.6m (overall)

 

Dwelling No. 3

Double Storey

2

1.0m side (north) and 3.4m rear (west).

45m2 (including 36mof secluded private open space)

Single garage (6.0m x 3.5m).

7.2m (overall)

 

Dwelling No. 4

Double Storey

2

3.2m rear (west).

41m2 (including 35mof secluded private open space)

Single garage (6.0m x 3.5m).

7.2m (overall)

 

Dwelling No. 5

Double Storey

2

3.1m rear (west) and 1.0m side (south).

43m2 (including 34mof secluded private open space)

Single garage (6.0m x 3.5m).

7.2m (overall)

Dwelling No. 6

Double Storey

2

1.2m side (south).

40m2 (including 29mof secluded private open space)

Single garage (6.0m x 3.5m).

7.7m (overall)

Dwelling No. 7

Double Storey

2

8.9m front (east) and 0m side (south)

110m2 (including 26mof secluded private open space)

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

7.6m (overall)

Public Notification

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

1.       Traffic and parking

2.       High density inappropriate at this location

3.       Additional noise

4.       Overlooking/overshadowing into neighbouring properties

5.       Lack of separation to adjoining land

6.       Being developed only for profit

HOUSING DIVERSITY STRATEGY

The Housing Diversity Strategy (HDS) 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 Whittlesea Planning Scheme 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

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

As the housing stock ages, the preferred emerging character will be one of newer dwellings that will incorporate medium density multi-unit developments.  The proposed development will present as double storey to the street with a dwelling on each respective lot and internal driveway.  Upper levels have been articulated with some recession and varying materials that respond to those found within the area.

Overall, the dwellings present a contemporary design in a neighbourhood which currently contains some examples of similar multi-dwelling developments and they have had appropriate regard to both the existing and emerging new character. 

B2

Residential Policy

P

P

The proposal provides an appropriate response to both the State and Local Planning Policy Frameworks through proposing a development that offers diversity to the existing housing stock.

 

The subject site is located within the Neighbourhood Interface Change Area within the HDS.  This Change Area encourages a range of medium building heights that can be integrated with existing housing stock. Moderate front setbacks are encouraged to provide sufficient space for landscaping and a medium canopy tree. Medium site coverage is allowed to facilitate a balance between increased densities and landscape opportunities. Provision of attractive landscaping to complement medium density built form is encouraged. 

 

The proposed seven dwelling development achieves the key design principles for the Neighbourhood Interface Change Area.  Through the consolidation of two adjoining sites, efficiencies are gained through condensed vehicle access points and greater open space and landscape areas.  The double storey nature of dwellings is consistent with the emerging medium density character of the area, and sufficient side and rear setbacks have been provided to each property boundary.  These proposed setbacks from title boundaries will allow for generous landscaping to be provided throughout the development, including 2-4 medium to large canopy trees within the front setback of the development as well as additional landscaping within private open space areas.

B3

Dwelling Diversity

N/A

N/A

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

B4

Infrastructure

P

P

 

B5

Integration with the street

P

P

 

B6

Street setback

P

X

The adjoining dwellings each have a front setback of 9m. The proposal is therefore required to also provide a front setback of 9m.

Dwelling No. 7 will be setback 8.93m. This encroachment is just 7cm within the setback standard and is considered to be an acceptable encroachment.

B7

Building height

P

P

 

B8

Site coverage

P

P

 

B9

Permeability

P

P

 

B10

Energy efficiency

P

P

While not all dwellings are provided with ideal solar access, the layout of the development is considered to be consistent with this objective, have maximised northern exposure where possible and will be required to meet minimum energy requirements under the relevant building legislation.

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

Cond 3(e) & 4

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

P

P

 

B18

Walls on boundaries

P

P

 

 

B19

Daylight to existing windows

P

P

 

B20

North-facing windows

P

P

 

B21

Overshadowing open space

P

P

 

B22

Overlooking

P

P

 

B23

Internal views

P

P

 

B24

Noise impacts

P

P

 

B25

Accessibility

P

P

 

B26

Dwelling entry

P

P

 

B27

Daylight to new windows

P

P

 

B28

Private open space

P

P

 

B29

Solar access to open space

P

P

 

B30

Storage

P

P

 

B31

Design detail

P

Cond 3(f)

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

It is noted that the driveway is an large area and is nominated as being plain concrete. It is recommended that this be amended to be either coloured concrete or exposed aggregate. Permit conditions have been included in the recommendation to reflect this.

B32

Front fences

N/A

N/A

 

B33

Common property

P

P

 

B34

Site services

P

Cond 9

Due to the number of dwellings and frontage, a private waste collection will be required unless it can be demonstrated that the site can accommodate a Council collection.

CAR PARKING 

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

Dwelling No.

No. of bedrooms

Car spaces required

Car spaces provided

Complies

1

3

2

1

Cond 3 (a)

2

2

1

1

Yes

3

2

1

1

Yes

4

2

1

1

Yes

5

2

1

1

Yes

6

2

1

1

Yes

7

2

1

2

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.

With regard to Dwelling No. 1, this dwelling has not been provided with the number of parking spaces required for a three bedroom dwelling. It is recommended that a permit condition be included requiring bedroom three to be deleted.

For developments of five or more dwellings, one visitor space must be provided for every five dwellings. This application requires one visitor space to be provided and this has been shown on the plans. The visitor space is well located (near the entrance to the site) however, appropriate signage will be required and this has been included as a condition of permit.

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.       Traffic and parking

The application provides the required car parking as set out at Clause 52.06 of the Whittlesea Planning Scheme subject to conditions on any permit granted.  The proposal is not expected to generate a significant increase in the number of vehicles along Pine Street and therefore will not cause an adverse impact on the volume of traffic within the surrounding road network.  It is noted that a visitor space is being provided on site, whilst the crossovers will be rationalised through new, reductions and reinstatement assisting with improvements for on-street parking.

 

2.       High density inappropriate at this location

Council’s Housing Diversity Strategy nominates the subject site as located within the Neighbourhood Interface Change Area where medium density housing development is encouraged.  The proposal achieves a satisfactory level of compliance with Clause 55, which contains the various considerations that indicate whether a site is being overdeveloped or not and in this case, it is considered that the proposal is not an overdevelopment of the site.

3.       Additional noise

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

4.       Overlooking/overshadowing into neighbouring properties

Through the use of highlight windows and obscure glazing, the applicant has ensured that there will be no overlooking into neighbouring properties.  The shadow diagrams submitted with the application show that the level of overshadowing experienced by neighbouring properties will be minimal and in accordance with ResCode.

5.       Lack of separation to adjoining land

The proposed setback of the proposed dwellings from property boundaries is consistent with the various sections of Clause 55 of the Whittlesea Planning Scheme that ensure that development outcomes are appropriate.

6.       Being developed only for profit

This is not a planning matter that can be considered when determining a planning permit application.

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, Clause 55 and the State and Local Planning Policy Frameworks including the Housing Diversity Strategy.  The proposal demonstrates a satisfactory level of compliance subject to conditions.  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. 715551 and issue a Notice of Decision to Grant a Planning Permit for the construction of seven double storey dwellings at 7-9 Pine Street, Thomastown, subject to the following conditions:

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

2.       Prior to the endorsement of the plans, or at such later date as the Responsible Authority may approve in writing, there shall be lodged with the Responsible Authority an amount of $1,400 as security deposit for the satisfactory completion and maintenance of the landscaping works hereby permitted. Upon completion of the landscaping works to the satisfaction of the Responsible Authority, the Responsible Authority will refund the security deposit to the payee of the bond.

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

a)      Deletion of a bedroom from Dwelling No. 1;

b)      A kitchen to be shown for Dwelling No. 1;

c)      Deletion of the northern most crossover with reinstatement, reduced width of the central crossover and new crossover to the south;

d)      Details of internal fences visible from the internal accessway and street. These fences must be feature fencing.

e)      A landscape plan in accordance with Condition No. 4.

f)       A schedule (including samples) of all external materials and colours for all walls, roofs, and doors including hard surface areas to be used for the construction of the proposed dwellings/buildings, including access ways.  Any proposed access way must be constructed from coloured concrete or exposed aggregate concrete.

4.       Before the development commences, three copies of a landscape plan prepared by a suitably qualified landscape designer to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed and will then form part of this permit. The plan must show:

a)         Details of landscaping for the front setback, common areas and throughout the site including a schedule of all proposed trees, shrubs and ground covers;

b)         The provision of canopy trees within the front setback and open space areas of the dwellings planted at a semi-advanced state;

c)         Paving, retaining walls, fence design details and other landscape works including areas of cut and fill;

d)         Consistency with the City of Whittlesea Landscape Guidelines (Residential Development)

5.       Prior to commencement of any works, a Construction Management Plan must be submitted to and approved by the Responsible Authority.  The plan must include details in relation to:

a)      Vehicle access to the site.

b)      Parking of construction vehicles.

c)      Storage of materials/goods.

6.       Prior to commencement of any works, the permit holder must contact Council’s Infrastructure Protection Unit on 9401 5532 to arrange a site inspection to ensure all requirements of the Construction Management Plan have been completed to the satisfaction of the Responsible Authority.

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

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

9.       Unless otherwise agreed in writing by the Responsible Authority, prior to the occupation of the dwellings hereby approved and prior to any future subdivision of the site, the owner of the subject land must, at no cost to the Responsible Authority, enter into and execute an agreement (in a form satisfactory to the Responsible Authority) pursuant to Section 173 of the Planning and Environment Act 1987. This agreement must provide for the preparation of a management plan in a form satisfactory to the Responsible Authority detailing how the management of refuse and recycling will be carried out within the site and acknowledging that it will be undertaken by a private contractor. 

It is further required that this agreement must be registered at the land Registry Office pursuant to Section 181 of the Planning and Environment Act 1987.

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

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

12.     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.

13.     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.

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

15.     Prior to using or occupying any building on the site, 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.

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

17.     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.

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

19.     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.

20.     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.

21.     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.

22.     During the construction phase, a truck wheel washing facility or similar devise 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.

 

23.     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.

Notes:

Advanced Trees

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

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

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

Property Numbering

Please note that property addresses and numbering is allocated by Council.  This is usually formalised at the time of the subdivision, however it is Council’s intention to number the proposed allotments/apartments/dwellings as follows:

          Unit 1                  7/7 Pine Street, Thomastown

          Unit 2                  6/7 Pine Street, Thomastown

          Unit 3                  5/7 Pine Street, Thomastown

          Unit 4                  4/7 Pine Street, Thomastown

          Unit 5                  3/7 Pine Street, Thomastown

          Unit 6                  2/7 Pine Street, Thomastown

          Unit 7                  1/7 Pine Street, Thomastown

Please check with Council’s Subdivision Department to verify all street numberings.

Easements

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

 

Council Resolution

Moved:                       Cr Kelly

Seconded:               Cr Kozmevski

 

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

Carried

 


Ordinary Council Minutes                                                               Tuesday 7 February 2017

 

6.1.5    70 & 72 Messmate Street, Lalor - Construction of eight dwellings

File No:                                  715802

Attachments:                        1        Locality Maps

2        Development Plans   

Responsible Officer:           Director Planning & Major Projects

Author:                                  Planning Officer Established Areas Planning   

 

APPLICANT:                                  R K Kanojia

COUNCIL POLICY:              21.09 Housing

ZONING:                               General Residential

OVERLAY:                            Development Contributions Plan (Schedule 3)

REFERRAL:                          Nil

OBJECTIONS:                      One

RECOMMENDATION:         That Council approve the application

Report

EXECUTIVE Summary

The applicant proposes to demolish the existing dwellings on both properties and construct eight double storey dwellings across the two sites.

Advertising of the proposal resulted in one objection being received. The grounds of objection relate to the application being an overdevelopment; traffic congestion, lack of car parking and safety/accessibility concerns; and overlooking and overshadowing.

The proposal demonstrates a satisfactory level of compliance with the provisions of Clause 55 of the Whittlesea Planning Scheme and meets all standards relating to site coverage, permeability and the provision of private open space.  Conditions can be included to adequately address minor areas such as landscaping and design detail.

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

On the basis of the Clause 55 assessment and the proposal’s general compliance with both the State and Local Planning Policy Frameworks including the HDS, it is recommended that Council approve the application.

SITE AND SURROUNDING AREA

The sites are located on the northern side of Messmate Street between Ash and Plane Streets, approximately 600m east of the Station Street Shopping Area and 1.7km from Lalor Station and 1.4km from Thomastown Station. In combination, the land is rectangular in shape with a street frontage width of 31.7m, a depth of 42.67m and a total area of 1357m2

 

Each site contains a single storey dwelling (both timber and brick construction) and are setback 9.35m and 7.89m from the street.  Vehicle access to each site is via existing crossovers on the south-western and south-eastern boundaries of the respective sites.  Private open space areas are located to the rear of each dwelling, and the front setback consists of lawn with some shrubbery.  There is no significant vegetation on the site. 

 

The adjoining property to the east contains a single storey brick dwelling and is located 1.6m from the common boundary.  The adjoining property to the west contains a dual occupancy with two single storey brick dwellings. The common accessway adjoins the site.

 

Messmate Street is a local residential street, with medium density development emerging.  Features directly in front of the site include two establishing street trees.

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

·    Lalor Library (310m northwest);

·    St Luke’s Church and Primary School (340m northwest);

·    Lorne Park (350m northeast);

·    Vasey Avenue Park and Pre-School (360m south);

·    Lalor Primary School (470m north);

·    Lalor Secondary College (470m northeast);

·    Lalor Shopping Centre (515m west);

·    Dalton Road Maternal/Child Health Care & Neighbourhood Park (630m east).

restrictions and easements

The site is legally described as Lots 228 and 229 on Plan of Subdivision 040753.  There are no restrictions on title that preclude Council from determining the application.

A 2.44m wide drainage and sewerage easement runs along the rear (north) boundary.

Proposal

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

Each Dwelling has a similar footprint including a open plan kitchen/meals/family area with European laundry and powder on the ground level and two bedrooms, two bathrooms (one an ensuite) and a family room on the upper level.  Vehicle access to the dwellings will be via a single proposed new crossover centrally located to the site with the existing crossovers to be removed.

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

 

Height/Scale

Number of Bedrooms

Setbacks

Private Open Space

Car Parking

Maximum Height

Dwelling No. 1

Double storey

2

7.9m front (south), 5.0m side (west), 1.5m side (east to internal accessway)

144m2 (including 40m2 of secluded private open space)

One car parking space within a garage (6.0m x 3.5m)

6.9m (overall)

Dwelling No. 2

Double storey

2

5.0m side (west), 1.1m side (east to internal accessway)

40m2 (all secluded)

One car parking space within a garage (6.0m x 3.5m)

6.9m (overall)

Dwelling No. 3

Double storey

2

5.0m side (west), 1.1m side (east to internal accessway)

40m2 (all secluded)

One car parking space within a garage (6.0m x 3.5m)

6.9m (overall)

Dwelling No. 4

Double storey

2

5.0m side (west), 800mm side (east to visitor car space), 2.5m rear (north)

74m2 (all  secluded)

One car parking space within a garage (6.0m x 3.5m)

6.9m (overall)

Dwelling No. 5

Double storey

2

4.9m side (east), 800mm side (west to visitor car space), 2.5m rear (north)

74m2 (all  secluded)

One car parking space within a garage (6.0m x 3.5m)

6.9m (overall)

Dwelling No. 6

Double storey

2

4.9m side (east), 1.1m side (west to internal accessway)

40m2 (all secluded)

One car parking space within a garage (6.0m x 3.5m)

6.9m (overall)

Dwelling No. 7

Double storey

2

4.9m side (east), 1.1m side (west to internal accessway)

40m2 (all secluded)

One car parking space within a garage (6.0m x 3.5m)

6.9m (overall)

Dwelling No. 8

Double storey

2

7.9m front (south), 4.9m side (east)

144m2 (including 40m2 of secluded private open space)

One car parking space within a garage (6.0m x 3.5m)

6.9m (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 application being an overdevelopment

2.       Traffic congestion, lack of car parking and safety/accessibility concerns

3.       Overlooking/overshadowing

HOUSING DIVERSITY STRATEGY

The Housing Diversity Strategy (HDS) 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 Whittlesea Planning Scheme 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

Developments within the area are generally from the 1960s and typically detached, double fronted single storey houses in brick or weatherboard cladding.  Garages, where provided, are generally located at the rear of the property.

As the housing stock ages, the preferred emerging character will be one of newer dwellings that will incorporate medium density multi-unit developments.  The proposed development will present as double storey to the street with recessed upper levels in part and varying materials that respond to those found within the area.

Overall, the dwellings present a contemporary design in a neighbourhood which currently contains some examples of similar multi-dwelling developments and they have had appropriate regard to both the existing and emerging new character. 

B2

Residential Policy

P

P

The proposal provides an appropriate response to both the State and Local Planning Policy Frameworks through proposing a development that offers diversity to the existing housing stock.

 

The subject site is located within the Neighbourhood Interface Change Area within the HDS.  This Change Area encourages a range of medium building heights that can be integrated with existing housing stock. Moderate front setbacks are encouraged to provide sufficient space for landscaping and a medium canopy tree. Medium site coverage is allowed to facilitate a balance between increased densities and landscape opportunities. Provision of attractive landscaping to complement medium density built form is encouraged. 

 

Generally, the proposed eight dwelling development achieves the key design principles for the Neighbourhood Interface Change Area.  Through the consolidation of two adjoining sites, efficiencies are gained through reduced vehicle access points and greater open space and landscape areas.  The double storey nature of dwellings is consistent with the emerging medium density character of the area, and sufficient side and rear setbacks have been provided to each property boundary.  These proposed setbacks from title boundaries will allow for generous landscaping to be provided throughout the development, including 2-4 medium to large canopy trees within the front setback of the development as well as additional landscaping within private open space areas.

B3

Dwelling Diversity

N/A

N/A

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

B4

Infrastructure

P

P

 

B5

Integration with the street

P

P

 

B6

Street setback

P

x

The proposed setback of 7.9m is slightly less than the required setback of 8.5m; however, it is considered that within the context of the street and surrounding area there are examples of infill development with reduced front setbacks, whilst the Neighbourhood Interface Change Area as nominated in the HDS encourages further development which may necessitate more efficient use of sites including through reducing front setbacks.  The planting of multiple large canopy trees can still be accommodated to provide an attractive streetscape appearance and the proposed setback is considered generally consistent with those found in the area..

B7

Building height

P

P

 

B8

Site coverage

P

P

 

B9

Permeability

P

P

 

B10

Energy efficiency

P

P

 

B11

Open space

N/A

N/A

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

B12

Safety

P

P

 

B13

Landscaping

P

Cond 3 (g) & 4

A landscape plan has not been submitted as part of the application. This can form a condition of any approval.

B14

Access

P

P

 

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

Cond 3 (d)

Although looking over a driveway and appearing to be outside the 9m area, the upper floor east-facing ‘bed 1’ window of Dwelling No. 8 appears to have some overlooking opportunity into adjoining windows due to a sill height of 1.5m. Therefore, provision of diagrams representing full compliance with Clause 55.04-6 should be required as a condition of permit.

B23

Internal views

P

P

 

B24

Noise impacts

P

P

 

B25

Accessibility

P

P

 

B26

Dwelling entry

P

P

 

B27

Daylight to new windows

P

P

 

B28

Private open space

P

P

 

B29

Solar access to open space

P

P

 

B30

Storage

P

P

 

B31

Design detail

P

Cond 3 (f)

A colour and material schedule has not been submitted with the application. This will be included as a condition of any approval granted.

B32

Front fences

N/A

N/A

None proposed.

B33

Common property

P

P

 

B34

Site services

P

Cond 3 (e)

 

 

 

 

Cond 9

To assist with street numbering, property identification and mail delivery, provision of letterboxes will be required within common property for dwellings 2 to 4 on the western side of the accessway and dwellings 5 to 7 on the eastern side, with dwellings 1 and 8 having their own letter boxes.

Due to the number of dwellings and frontage, a private waste collection will be required unless it can be demonstrated that the site can accommodate a Council collection.

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

7

2*

1

1

Y

8

2

1

1

Y

Garages should be at least 6.0m long and 3.5m wide for a single space and 5.5m wide for a double space (measured inside the garage or carport).  An open car space should be at least 4.9m long and 2.6m wide.  *However, Dwelling Nos. 2, 3, 4, 5, 6 and 7 have both a family room at the ground level and a large, second family room at the upper level. It is considered that these upper floor family rooms can be easily transformed into makeshift bedrooms which would result in additional car parking requirements. Therefore, it is considered that the family rooms be deleted altogether or reduced in size to form a ‘landing’ or ‘study nook’ and reconfigured to the first floor layouts of Dwelling Nos. 1 and 8 (where the internal staircase is only accessible from walking through the room).  This requirement will be included as a condition of any approval granted.

Pursuant to Clause 52.06 (Car Parking), a visitor car space must be provided with the minimum requirements of Clause 52.06-8 (Design Standard 2). This will be included as a condition of any approval granted.

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.   The application is an  overdevelopment

 

Council’s Housing Diversity Strategy nominates the subject site as located within the Neighbourhood Interface Change Area where medium density housing development is encouraged.  The proposal achieves a satisfactory level of compliance with Clause 55, which contains the various considerations that indicate whether a site is being overdeveloped or not and in this case, it is considered that the proposal is not an overdevelopment of the site.

2.   Traffic congestion, lack of car parking and safety/accessibility concerns

The proposal is not expected to generate a significant increase in the number of vehicles along Messmate Street and therefore will not cause an adverse impact on the volume of traffic within the surrounding road network.  Subject to the inclusion of conditions of permit in relation to the upper floor family room reconfiguration for Dwelling Nos. 2-7, the proposal complies with the relevant on-site car parking provisions within Clause 52.06 of the Scheme.  It is noted that a visitor space is being provided on site, whilst the removal of a crossover will allow for additional on-street parking.

 

3.   Overlooking/loss of privacy/overshadowing

The proposed habitable room windows at first floor level for each dwelling have generally incorporated appropriate designs to prevent overlooking, either through the provision of fixed obscure glazing in accordance with the standard requirements of Clause 55.04-6 or obscured to 1.7m by way of a highlight window.  Confirmation of this compliance will be sought by way of condition on any permit issued.

 

The shadow diagrams submitted with the application show that the level of overshadowing experienced by neighbouring properties will be in accordance with Clause 55 of the Whittlesea Planning Scheme which aims to ensure buildings do not significantly overshadow existing secluded private open space of an existing dwelling.  The shadow diagrams show a minor shadow cast over existing dwellings and outbuildings of the abutting properties to the east and west; however the extent of shadow cast complies with Clause 55.04-5 of the Whittlesea Planning Scheme.

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, Clause 55 and the State and Local Planning Policy Frameworks including the Housing Diversity Strategy.  The proposal demonstrates a satisfactory level of compliance subject to conditions.  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. 715802 and issue a Notice of Decision to Grant a Permit for Construction of eight dwellings at 70-72 Messmate Street, Lalor in accordance with the endorsed plans and subject to the following conditions:

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

2.   Prior to the endorsement of the plans required under Condition No. 3, or at such later date as the Responsible Authority may approve in writing, there shall be lodged with the Responsible Authority an amount of $1600.00 as security deposit for the satisfactory completion and maintenance of the landscaping works hereby permitted.

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

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

a)   Deletion of the upper level family rooms of Dwelling Nos. 2, 3, 4, 5, 6 and 7 (or alternative reconfiguration where the internal staircase is only accessible from walking through the room, or reduced in size to a landing or study nook to the satisfaction of the Responsible Authority);

b)   Provision of minimum dimensions of visitor car space in accordance with Clause 52.06-8 (Design Standard 2) of the Whittlesea Planning Scheme, and to the satisfaction of the Responsible Authority;

c)   Provision of visibility splays or areas at least 50 per cent clear of visual obstructions extending at least 2 metres along the frontage road from the edge of the accessway and all driveways and 2.5m along the accessway from the frontage to provide a clear view of pedestrians on the footpath.  Landscaping or structures within this area must be less than 900mm in height;

d)   Diagrams representing full compliance with Clause 55.04-6 for the upper floor east-facing window of Dwelling No. 8, or appropriate obscuring provided;

e)   Provision of letterboxes within common property for dwellings 2 to 4 on the western side of the accessway and dwellings 5 to 7 on the eastern side, with dwellings 1 and 8 having their own letter boxes;

f)    Submission of a full colour and material schedule;

g)   A landscape plan in accordance with Condition No. 4.

4.   Before the development commences, three copies of a landscape plan prepared by a suitably qualified landscape designer to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed and will then form part of this permit. The plan must show:

a)         Details of landscaping for the front setback, common areas and throughout the site including a schedule of all proposed trees, shrubs and ground covers;

b)         The provision of canopy trees within the front setback and open space areas of the dwellings planted at a semi-advanced state;

c)         Paving, retaining walls, fence design details and other landscape works including areas of cut and fill;

d)         Consistency with the City of Whittlesea Landscape Guidelines (Residential Development)

5.   Prior to commencement of any works, a Construction Management Plan must be submitted to and approved by the Responsible Authority.  The plan must include details in relation to:

(a)     Vehicle access to the site.

(b)     Parking of construction vehicles.

(c)     Storage of materials/goods.

6.   Prior to commencement of any works, the permit holder must contact Council’s Infrastructure Protection Unit on 9401 5532 to arrange a site inspection to ensure all requirements of the Construction Management Plan have been completed to the satisfaction of the Responsible Authority.

7.   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.

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

9.   Unless otherwise agreed in writing by the Responsible Authority, prior to the occupation of the dwellings hereby approved and prior to any future subdivision of the site, the owner of the subject land must, at no cost to the Responsible Authority, enter into and execute an agreement (in a form satisfactory to the Responsible Authority) pursuant to Section 173 of the Planning and Environment Act 1987. This agreement must provide for the preparation of a management plan in a form satisfactory to the Responsible Authority detailing how the management of refuse and recycling will be carried out within the site and acknowledging that it will be undertaken by a private contractor. 

It is further required that this agreement must be registered at the land Registry Office pursuant to Section 181 of the Planning and Environment Act 1987.

10. 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.

11. 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.

 

12. 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.

13. 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.

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

15. 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.

16. 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. 

17. 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.

18. 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.

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

20. 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.

21. 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.

22. 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.

23. 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.

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

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

   The approved development is not completed within four years of the date of this permit. 

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

Notes:

Advanced Trees

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

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

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

Property Numbering

Please note that property addresses and numbering is allocated by Council.  This is usually formalised at the time of the subdivision, however it is Council’s intention to number the proposed allotments/apartments/dwellings as follows:

          Dwelling 1          1/70 Messmate Street, Lalor

          Dwelling 2          2/70 Messmate Street, Lalor

          Dwelling 3          3/70 Messmate Street, Lalor

          Dwelling 4          4/70 Messmate Street, Lalor

          Dwelling 5          4/72 Messmate Street, Lalor

          Dwelling 6          3/72 Messmate Street, Lalor

          Dwelling 7          2/72 Messmate Street, Lalor

          Dwelling 8          1/72 Messmate Street, Lalor

Please check with Council’s Subdivision Department to verify all street numberings.

Easements

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

 

 

 

Council Resolution

Moved:                       Cr Kelly

Seconded:               Cr Kozmevski

 

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

Carried

 


Ordinary Council Minutes                                                               Tuesday 7 February 2017

 

6.1.6    44 Applegum Drive, South Morang - Variation of Restrictive Covenant and Construction of Two Double Storey Dwellings

File No:                                  716041

Attachments:                        1        Locality Maps

2        Development Plans   

Responsible Officer:           Director Planning & Major Projects

Author:                                  Planning Officer   

 

APPLICANT:                                  Meraq Building Designers

COUNCIL POLICY:              Nil

ZONING:                               General Residential

OVERLAY:                            Development Plan (Schedule 6)

Vegetation Protection (Schedule 1)

REFERRAL:                          Parks & Open Space

OBJECTIONS:                      One

RECOMMENDATION:         That Council refuse the application

Report

EXECUTIVE Summary

The application proposes to vary an existing single dwelling restrictive covenant to facilitate the construction of two new dwellings. 

That part of the application which seeks to vary the restriction has been advertised to those benefiting from the restriction and other adjoining and surrounding landowners/ occupiers.  There are no objections to the variation from beneficiaries.  However, an objection has been received from an adjoining landowner stating that the variation will diminish living standards in the area and lead to other adverse amenity outcomes for his land.  Although this objector abuts the subject land, he is not a direct ‘beneficiary’ of the restriction because the objector’s land was approved as part of a separate stage of the same estate.  Notwithstanding, this report finds that the objector is an affected person and the concerns raised should be appropriately considered.  This report recommends that variation not be approved.

The proposed development of the two dwellings, which also forms part of the application, has not been subject to public notification because it is exempt from the notification provisions of the Whittlesea Planning Scheme.  The proposed development is conditional upon the variation of the restrictive covenant.  Because it is not the recommendation of this report that variation be approved, the proposed development is also not recommended for approved.  Even in the absence of the single dwelling restriction, it is unlikely that approval of the proposed development would be supported because the site contains a significant native tree which is protected under title within a tree protection envelope.  This report concludes that the development of two dwelling on the land is likely to prejudice the long term security of the protected tree.  Further amenity issues are also identified in relation to the proposed development.

SITE AND SURROUNDING AREA

The subject land is vacant site of 659m2 located on the southeast corner of Applegum Drive and Cloud Street, South Morang (see Attachment 1).  The lot is within Stage 5 of the Camalda Estate for which subdivision approval was granted in 2011.  The site has a 19.1m frontage to Applegum Drive, a 27.1m boundary to Cloud Street and a corner splay at the intersection of these two streets of 8.6m. 

A significant tree comprising a maturing Long Leafed Box (Eucalyptus goniocalyx) is located on the northern portion of the land and is secured on title via a tree protection envelope (see Attachment 2).  Approximately one quarter of the site is constrained by this envelope.  The tree is a planted native specimen established when the land was previously used for rural purpose.  As part of the approval of the Development Plan and subdivision, agreement was reached between Council and the developer to retain the tree (along with other native and indigenous trees) to enhance the character and amenity of the new estate and to provide for habitat.  The lot created to contain the tree was deemed to be of sufficient size to contain a single dwelling on the balance of the lot within a building envelope.

The estate is now largely developed for predominately single dwellings (both double and single storey).  Some examples of dual occupancies and medium density housing development exist in the area and these comprise nominated sites not subject single dwelling covenants (which were agreed to between the developer and Council at the time of subdivision so as to provide certainty for the future community and new purchasers of land).  Typically these small number of medium density housing sites comprise corner allotment and other larger allotments not encumbered by retained trees.  A nominated dual occupancy site is currently under construction opposite the site.

The subject land is located within proximity to the following services and community facilities:

 

§ The Lakes South Morang P-9 school and Merriang Special Development School (500m west)

§ Mill Park Lakes Community Activity Centre (600m northwest)

§ The Lakes Boulevard shopping centre (700m northwest)

§ Bus Service along Gordons Road (400m to the south and west)

§ Mill Park Lakes Recreation Reserve (800m west)

background

An application (715820) to remove the existing tree on the land and the associated tree protection envelope was included in Council’s meeting agenda on 26 April 2016 but withdrawn immediately prior to consideration by Council.  The application was made to facilitate a particular house design proposed by a potential purchaser (not the current applicant).  The officer report, recommending refusal of the application, stated that the tree had a useful life expectancy, good structure and health; and that a preferred dwelling design was not a sufficient basis on which to remove a healthy tree.  Beneficiaries to the restrictive covenant had also objected to the application proposal.

restrictions and easements

The subject site is legally described as Lot 538 on Plan of Subdivision 701101M.  The lot is encumbered by the following restrictions registered on title:

Restriction A

This restriction allows only one dwelling to be constructed on the land and further requires that the dwelling area (exclusive of garages, balconies and verandahs) comprise a specified minimum area (not less than 150m2 with respect to the subject land).  Approximately 35 lots are benefited in Stage 5 of the estate by this restriction while a further five lots (assessed at the time of subdivision as potentially being suitable for dual occupancies/ medium density housing development) are excluded from the restriction (‘excluded lots’).  The current application seeks to vary this restriction by including the subject land within an ‘excluded lot (i.e. a lot that is not required to meet the single dwelling requirements).  This variation will enable the construction of two (or more) dwellings and associated subdivision at a future date.

Restriction B

This restriction requires that all buildings and structures be in accordance with designated building envelopes.  The applicant has amended the development proposal to fit the two dwellings within the existing building envelope anticipated for one dwelling by designing an attached double storey built form which utilises a significant portion of the available building envelope.  The northern extent of Dwelling No. 2 is shown on the plans directly abutting the tree protection envelope.  Part of the eaves of the proposed dwelling are shown extending into the tree protection envelope.  The application does not seek to vary this particular restriction.

Restriction C

This restriction requires the significant tree on the land to be retained to the extent shown in the nominated tree protection envelope unless consent in writing is granted by Council to allow incursions (including paving).  The submitted plans show the dwellings to be predominately clear of the protection envelope (other than for eaves as noted previously).  However, the ground storey rear laundry doorway associated with Dwelling No. 1 also opens directly under the tree and paving extending from this doorway is shown within the tree protection envelope.  No formal request has been made by the owner or applicant seeking consent for these incursions.

The applicant has submitted an arborist report which confirms that the Tree Protection Zone (TPZ) (which largely corresponds to the tree protection envelope) will be impacted by approximately three percent.  This is an estimate as the arborist has not measured the canopy height.  This report has been assessed by Council’s arborists and it has been confirmed that the impact is likely to be greater than three percent because incorrect standards and caculations have been used in the consulting arborist’s assessment.

The arborist report confirms that part of the tree will require pruning to accommodate the proposed development.

As the subject tree is a maturing specimen, it is likely that its canopy will further extend, over time, outside the boundaries of the current protection envelope.  In this context the tree is further protected by the Vegetation Protection Overlay that also affects the land.

All three restrictions are the direct outcome of a planning permit (No. 712466) issued by Council for the subdivision of the land.  Conditions of permit required that agreements or restrictions be entered into prior to a Statement of Compliance proving for building envelopes and tree protection zones including ‘design guidelines to ensure consistent building form and design outcomes.’  The single dwelling restriction in the context of the subject land is considered to be a proper planning outcome of this planning permit condition.

Proposal

The first part of the proposal seeks to vary the restrictive covenant to allow two dwellings to be constructed on the land.  The second part of the application seeks approval for two attached double storey dwellings.

Dwelling No. 1 is to comprise a four bedroom dwelling comprising kitchen/ meals/ family area and study room at ground level and four bedrooms and a retreat at first floor level.  This dwelling would also contain the protected tree.

Dwelling No. 2 comprises a kitchen/ meals/ family area and study room at ground level and three bedrooms at first floor level.

Further details of the proposed dwellings are set out in the following table

 

 

Height/Scale

Number of Bedrooms

Setbacks

Private Open Space

Car Parking

Maximum Height

Dwelling No. 1

Double Storey

4

3.0m front setback; 10.7m side (north) setback; 2.0m rear setback

40m2 (exclusive of tree protection envelope)

Single garage with tandem driveway space

8.4m

Dwelling No. 2

Double Storey

3

3.0m front setback; 3.0m side (south) setback; 2.0m rear setback

58m2

Single garage with tandem driveway space

7.8m

Public Notification

Advertising of the application in relation to the restrictive covenant variation resulted in two objections being received.  One objection from a beneficiary has been withdrawn.  The remaining single objection (from a non beneficiary but abutting landowner) can be summarised as follows:

1.       Diminished living standards as a result of the proposed restrictive covenant variation

2.       Decreased solar access to living areas and private open space

3.       Insufficient front street setback

These objections relate to the restriction variation proposal (and the consequences arising from this).  The development proposal itself is exempt from notification under the Development Plan Overlay provisions of the Whittlesea Planning Scheme.  The objections relating to decreased solar access are considered in this report in the context of both the variation request and the development proposal.

PLANNING ASSESSMENT

The following planning provisions and zoning requirements of the Whittlesea Planning Scheme are considered relevant to the application. 

The subject land is included in a General Residential Zone and is affected by a Development Plan Overlay (Schedule 6).  A development plan has previously been approved in relation to the broader area (Gordons Road Development Plan, 2004).  This plan has informed the subdivision design but does not provide a detailed level of guidance in relation to individual lots.  Under the plan the subject land is nominated for residential purposes.  The proposed development, in a general sense, accords with this purpose.

Clause 52.02 (Easement, Restrictions and Reserves)

The purpose of this provision is to ‘enable the removal and variation of an easement or restriction to enable a use or development that complies with a planning scheme after the interests of affected people are considered.’ 

Restrictive covenants created after 25 June 1991 (which includes the restriction considered in this application) are governed by Section 60(2) of the Planning and Environment Act 1987.  Under these provisions a responsible authority must not grant a permit which allows the variation or removal of a restriction unless it is satisfied that the owner of any land benefited by the restriction will be unlikely to suffer: ‘(a) financial loss; or (b) loss of amenity; or (c) loss arising from change to the character of the neighbourhood; or (d) any other material detriment as a consequence of the removal of the restriction.’

As noted previously, the single objector is not a beneficiary of the restriction even though the objector’s land shares a common boundary with the subject land (southern boundary).  If the objector were a beneficiary it is likely that the application would need to be refused because of the nature of the objection.  Although the objector is not an owner of land benefited by the restriction, he remains an ‘affected person’.  Such persons are entitled to make an objection, have the objection considered and, if necessary, have any decision reviewed by VCAT.  Council is also required to consider the planning merits of the variation and whether, on balance, the proposed outcome is acceptable. 

Clause 52.02 of the Planning Scheme requires that a responsible authority consider the relevant decision guidelines of Clause 65 before deciding on an application to vary or remove a restriction.  These guidelines include:

·    The matters set out in section 60 of the Act (which includes the fair and orderly use and development of land).

·    The orderly planning of the area.

·    The affect on the amenity of the area.

·    The extent and character of native vegetation and likelihood of its destruction.

·    Whether native vegetation is or can be protected, planted or allowed to regenerate.

The proposed variation will also, if approved, remove a restriction preventing the land from further subdivision.  Relevant decision guidelines under Clause 65 require the following matters to be considered in relation to subdivision:

·    The suitability of the land for subdivision.

·    The availability of subdivided land in the locality, and the need for the creation of further lots.

·    The subdivision pattern having regard to the physical characteristics of the land including existing vegetation.

·    The density of the proposed development.

Vegetation Protection Overlay (Schedule 1)

The subject land is affected by a Vegetation Protection Overlay which recognises and provides protection for both indigenous and native trees.  A purpose of the Overlay seeks to ‘ensure that development minimises the loss of vegetation’.  Relevant decision guidelines require that the responsible authority consider the effect that use, building and works or subdivision may have on the nature and type of vegetation to be protected.  A specific objective seeks ‘to preserve and maintain significant vegetation and the character of the area.’

The principal instrument for the protection of the tree on the subject land (which encumbers nearly 25 percent of the lot) is the restriction containing the tree protection envelope.  The tree is largely contained within this envelope but its maturity over time is likely to extend to some extent beyond this envelope.  The proposed development will require that a small part of the tree be pruned (although that has not been applied for in the current application).

Assessment of Variation Proposal Against Decision Guidelines

Unlike other restrictions which set out developer interests only, the subject restriction is one that is largely derived from the original planning permit for subdivision required by Council.  Its intent is underpinned by proper planning considerations.  The applicant has not demonstrated that the variation of the restriction will result in any planning benefits or that there is a compelling need for further development at this location.

The single dwelling restriction is related to the significant tree on the land and associated tree protection envelope.  The tree has strong potential to enhance the character and identity of the area well into the future.  Based on previous experience, these natural assets are highly vulnerable over time to a variety threats which are often exacerbated by more intense form of development and lot fragmentation.  The proposed development would provide little contingency for the natural growth and regeneration of the tree over time and the very limited private open space that is to be made available for proposed dwellings would lead to future pressures to use, inappropriately, land within the TPZ and areas under the canopy of the tree.  It has been the experience of Council that overdevelopment adjacent to retained trees in a private property context often leads to pressure to have such trees removed.

The relevant decision guidelines set out previously in this report require a precautionary approach to the treatment and retention of native vegetation.  Because the tree has been assessed as a significant tree it is not considered appropriate, on planning grounds, that the restriction be removed. 

ASSESSMENT AGAINST CLAUSE 55 OF THE WHITTLESEA PLANNING SCHEME

To the extent the variation of the restriction is not supported on planning grounds, the assessment below is not necessary.  However, it is provided for information purposes.

The following table provides details of 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

 

B2

Residential Policy

P

P

Council’s Housing Diversity Strategy does not apply to this area.

B3

Dwelling Diversity

n/a

n/a

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

B4

Infrastructure

P

P

 

B5

Integration with the street

P

P

 

B6

Street setback

P

P

The front walls of each dwelling are set back 3.0m which accords with the approved building envelopes.  The garages have also been set back at a minimum distance of 5.5m as required.

B7

Building height

P

P

 

B8

Site coverage

P

P

 

B9

Permeability

P

P

 

B10

Energy efficiency

P

X

This standard requires that buildings be orientated to make appropriate use of solar energy and sited and designed to ensure that energy efficiency of existing dwellings on adjoining lots is not unreasonably reduced.   Living areas and private open space should be located on the north side of the dwelling if practical.  The proposed development will not unreasonably affect solar access on adjoining lots.  However, the proposed development provides for secluded private open space to the west and south.  Areas to the north are fully encumbered by the tree protection.

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 submitted.

An objective under this provision is ‘to encourage the retention of mature native vegetation.’  Relevant standards seek to ‘allow for intended vegetation growth and ‘provide a safe, attractive and functional environment for residents.’

The proposed development will require a reduction in the tree canopy and no provision for the future the growth needs of the maturing tree.

A canopy tree can be accommodated within the front setback and rear private open space associated with each dwelling.

B14

Access

P

P

 

B15

Parking location

P

P

 

B17

Side and rear setbacks

P

P

The side and rear setbacks of both dwellings comply with the setback distances prescribed by Building Envelope Plan Instrument PS 701101M.

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

While overshadowing of adjoining properties (including private open space) will result from the proposed development, the extent of this impact is acceptable under the standard.  Shadow diagrams have been submitted demonstrating this compliance.

B22

Overlooking

P

P

Windows on the north, east and south elevations are to be screened to 1.7m so as to comply with the standard.

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

Private open space associated with each dwelling is located to the south and west of the dwelling which is not ideal.  The area within the tree protection envelope is not capable of providing for the ‘reasonable recreation and service needs of the residents’ and is therefore not usable.  These areas have been excluded from the open space calculation.  Notwithstanding both dwellings are able to accommodate the minimum area requirements set out under this standard.

.

B29

Solar access to open space

P

P

 

B30

Storage

P

P

 

B31

Design detail

P

P

To ensure the proposal is consistent with and complements the surrounding built form, a condition would need to be included on any permit issued requesting a colour and material schedule for all external finishes.

B32

Front fences

NA

NA

 

B33

Common property

NA

NA

 

B34

Site services

P

P

Bin areas associated with Dwelling No. 1 would need to be removed from under the canopy of the mature tree.

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

Yes

2

3

2

2

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.

Comments on Grounds of Objection

1.   Diminished living standards as a result of the proposed restrictive covenant variation

 

The objector has stated that he purchased the land with the fair and reasonable expectation that the single dwelling restrictive covenant applied to the subject land would remain in place (similar to a restrictive covenant affecting the objector’s land).  The objector has stated that his dwelling was constructed and designed having regard to this restriction.  The private open space and living areas are located to the north of the dwelling (abutting the southern boundary of the subject land).  The objector has stated that the variation will result in diminished living standards.

 

The objector is also concerned that should the variation be approved, there would be nothing compelling the landowner to proceed with the current proposal and another proposal (possibly with more adverse amenity outcomes) could occur.

 

This existing covenant allows a single dwelling to be constructed within a defined building envelope.  It is anomalous that there are approximately 30 beneficiaries to this restriction within Stage 5 of the estate but the objector, who is an abutting owner, is not one of them.  This outcome is the consequence of developer staging and not a matter that Council had any control over.  If the objector were a beneficiary, it is likely that Council would be required to refuse the application because of likely loss of amenity, loss arising from change of character of the neighbourhood and other material detriment.  However, these specific and stringent tests cannot be applied in this instance.

 

In terms of the amenity impacts from the proposed development, the applicant has demonstrated that, in relation to the interface with the objector’s land, siting and design requirements under both the existing building envelope restriction and ResCode could be reasonably met if single dwelling restriction were to be varied and two dwellings constructed in the building envelope.  If an alternative development were to be proposed following any variation, this would also need to comply (although it should be noted that the current landowner/ objector would not be notified of any future medium density development because of notification exemptions).

 

While technical requirements set out in the building envelopes and under ResCode can be met in relation to the interface with the objector’s land, the objector remains concerned that development for the purpose of two dwellings on the land will result in a more intense form of development than one dwelling.  Officer agree with this observation.  The amenity impacts of two dwellings on the land would be greater than one dwelling.

 

As stated previously in this report, the objector is an ‘affected person’ and as such is entitled to have the merits of the variation considered under Clause 52.02.  Council must also consider relevant decision guidelines (as set out previously in this report).  Relevant decisions guidelines refer to the need to provide for the ‘fair and orderly planning of an area’.  It is considered the process of nominating sites for medium density and other sites suitable for single dwellings at the time of subdivision provided for this outcome. 

2        Decreased solar access to living areas and private open space

While some overshadowing of the private open space of the objector’s land will occur, its extent has been assessed as acceptable under the Clause 55 and will not extend to the north facing windows of the living areas.  Some of the overshadowing will be caused by the fence that currently exists on the boundary.  The proposed development shows a 2.0m high Colourbond fence which would contravene the restrictive covenant which limited fencing to 1.8m.

 

The proposed development is also compliant with the existing building envelope requirements although the retention of a single dwelling restriction is more likely to result in a less intense form of development on the site compared with the current proposal.

3.       Inadequate front street setback

The objector has expressed concerns about the front setback distance of the proposed dwellings.  As previously set out in this report, the setbacks comply with the relevant Clause 55 standards and the building envelopes under the current restriction.

Declarations of Conflicts of Interest

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

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

Conclusion

The proposed variation of an existing single dwelling restrictive covenant to allow further dwellings on the land is not supported having regard to the relevant decision guidelines of the Whittlesea Planning Scheme.  The restriction was put in place at the time of subdivision to allow for the fair and orderly planning of the area and to reflect site constraints imposed by a significant tree which is to be retained.  The views of the objector, an affected person, have been considered in forming this view.  The retention of the existing provisions will maintain the amenity of the area and provide a more secure setting for the retained significant tree on the land.

 

Recommendation

THAT Council resolve to refuse Planning Application No. 716041 and issue a Refusal to Grant a Planning Permit to allow a variation to Restrictive Covenant PS701101M and  construction of two double storey dwellings at 44 Applegum Drive, South Morang on the following grounds:

1.       The proposal variation will not accord with the decision guidelines of Clause 65 of the Whittlesea Planning Scheme and in particular will:

a)      not provide for the fair and orderly planning of the area.

b)      have an adverse impact on the character and amenity of the area including impacts on nearby affected persons.

c)      prejudice the protection of native vegetation on the land and constitute an overdevelopment of the site in this context.

2.       The development and works that may result from the proposed variation (two or more dwellings) will:

a)      have an adverse impact on the amenity and character of the area and constitute an overdevelopment of the site.

b)      encroach within a tree protection envelope and not provide for the future needs of the significant tree.

c)      Be inconsistent with the purpose of the Vegetation Protection Overlay (Schedule 1) and associated decision guidelines.

d)      Provide inadequate usable private open space (outside of the tree protection envelope) for the needs of future residents.

 

Council Resolution

Moved:                       Cr Kelly

Seconded:               Cr Kozmevski

 

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

Carried

 


Ordinary Council Minutes                                                               Tuesday 7 February 2017

 

6.1.7    4 Oxley Avenue, Bundoora- Use of Land for the Purpose of a Home Occupation and Display of a Home Occupation Sign

File No:                                  715885

Attachments:                        1        Locality Maps

2        Development Plans   

Responsible Officer:           Director Planning & Major Projects

Author:                                  Planning Officer   

 

APPLICANT:                                  Mrs Y Jian Hua

COUNCIL POLICY:              Nil.

ZONING:                               General Residential Zone

OVERLAY:                            Development Contributions Plan Overlay (Schedule 3)

REFERRAL:                          Nil

OBJECTIONS:                      One

RECOMMENDATION:         That Council approve the application.

Report

EXECUTIVE Summary

An application has been received to legitimise a home occupation (Chinese medicine) conducted by a single practitioner.  The home occupation is currently operating within a converted garage associated with a single dwelling in contravention of the Whittlesea Planning Scheme.  The home occupation requires a planning permit because the floor area used for the occupation is 72m2.  Where the floor area of a home occupation exceeds 50m2 or one third of the floor area of the dwelling (which ever is the lesser) a planning permit is required.

The application was advertised to surrounding property owners and occupiers and single objection was received.  The issues raised relate to inadequate parking and traffic congestion in Oxley Avenue.  The objector also submits that the proposed sign to identify the home occupation which is to be placed on the land (1.9m2) is not appropriate for a residential area.

This report recommends that the application be approved because the home occupation is a modest proposal and will not have an unreasonable impact on traffic, parking or the amenity of the area.  However, it is recommended that the area of the proposed sign be reduced in size.

SITE AND SURROUNDING AREA

The subject land (see Attachment 1) is located to the north of Oxley Avenue, Bundoora, 50m west of the intersection with Plenty Road.  The land is within close proximity to Northpark Hospital and public transport (in the form of bus and trams stops on Plenty Road).  The subject land comprises an established single storey four-bedroom brick veneer dwelling on a 690m2 lot.  Established dwellings are located to the east and west of the subject land.  The rear of the site abuts a Melbourne Water pipe track reservation.

The rear of the site contains a 78m2 garage approved under Building Permit No 4171 in 2004.  It has since been modified and converted for home occupation use (without building approval).  Prior to its current use it was used as a home-based hair salon.  Access to the garage is via single crossover from Oxley Avenue and a 30m driveway along the western boundary.  Because the garage has been converted to the home occupation there are no formal covered spaces for car parking now available.  However, the termination of the driveway provides sufficient space for the informal parking of up to two vehicles.

restrictions and easements

There are no restrictions on the title which prevent the land being using for the purpose of a home occupation and associated signage.

Proposal

The application seeks permission to use the former garage for the purpose of a home occupation for treatment and the dispensing of Chinese medicines.  The application is also for a display of a 1.6m x 1.2m (1.9m2) home occupation (business identification) sign at the front of the premises.  A single registered practitioner will operate from the site.  Hours of operation are to be 10.00am to 5.00pm each day.

Because the practitioner is a registered health practitioner, separate health approval is not required by Council.

Public Notification

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

1.       Inadequate parking provision and traffic congestion.

2.       Inappropriate use for a residential area.

3.       Signage not appropriate for a residential area.

PLANNING ASSESSMENT

Home Occupation

Council’s Municipal Strategic Statement which forms part of the Whittlesea Planning Scheme seeks to create additional jobs and job diversity in a variety of employment sectors.  This includes strategies to ‘optimise the potential of appropriate home-based employment’ (Clause 21-10-1).

The land is included in a General Residential Zone.  One of the stated purposes of the zone is to ‘allow …a limited range of other non-residential uses to serve local community needs in appropriate locations.’  A home occupation is typically an ‘as-of-right’ (permit not required) use within the zone where a proposal is able to meet the particular provisions or requirements relating to home occupations set out in Clause 52.11 of the Planning Scheme.  The ‘as-of-right’ requirements are listed below:

·    The person conducting the home occupation must use the dwelling as their principal place of residence.

·    No more than one person who does not live in the dwelling may work in the occupation.

·    The gross floor area used in conducting the occupation including the storage of any materials or goods must not exceed 50 square metres or one-third of the gross floor area of the dwelling, whichever is the lesser.

·    The occupation must not impose a load on any utility greater than normally required for domestic use.

·    The occupation must not adversely affect the amenity of the neighbourhood in any way including:

·        The appearance of any building, works or materials used.

·        The parking of motor vehicles.

·        The transporting of materials or goods to or from the dwelling.

·        The hours of operation.

·        Electrical interference.

·        The storage of chemicals, gasses or other hazardous materials.

·        Emissions from the site.

·        No motor vehicle may be serviced or repaired for gain.

·    Only one commercial vehicle (a commercial goods vehicle, commercial passenger vehicle or tow truck within the meaning of the Transport Act 1983), not exceeding 2 tonnes capacity and with or without a trailer registered to a resident of the dwelling may be present at any time. The vehicle must not be fuelled or repaired on the site.

·    No goods other than goods manufactured or serviced in the home occupation may be offered for sale.

·    Materials used or goods manufactured, serviced or repaired in the home occupation must be stored within a building.

·    No goods manufactured, serviced or repaired may be displayed so that they are visible from outside the site.

A planning permit may be granted to allow a floor area not exceeding 100m2 or one-third of the gross floor area of the dwelling, whichever is lesser.  (For the purpose of the provisions a dwelling includes an outbuilding normal to a dwelling).  The combined dwelling and outbuilding relating to the subject land comprises an area of approximately 250m2.  The proposed 72m2 home occupation accords with this provision and therefore may be considered under an application for a planning permit.

Before deciding on the application for a home occupation that requires a planning permit, the responsible authority must consider:

·    Whether there is a need for additional parking or loading facilities.

·    The effect of any vehicle parking, storage or washing facilities on the amenity and character of the street.

·    Whether the site is suitable for the particular home occupation and is compatible with the surrounding use and development.

·    Whether there is a need for landscaping to screen any outbuildings or car parking or loading areas or any other area relating to the home occupation.

The key questions that arise in the consideration of the application relating to the home occupation are set out below:

Whether there is a need for additional car parking

A single practitioner operating under the home occupation provisions is unlikely to generate significant parking demand.  Parking provision for the occupier of the dwelling is available at the termination of the existing driveway within the extended paved area in front of the converted garage.  This space could also be made available for the small number of visiting clients that may wish to utilise the driveway for access and parking.

 

However, it is considered that for the single vehicle (or possibly two vehicles allowing for an overlap of visits), that may be associated with a visit to the site at any one time, sufficient short term on street parking is available opposite the subject land.  Council’s traffic engineers support this finding.  The north side of Oxley Avenue is a ‘no standing’ zone between the hours of 9.00am to 5.00pm.  However the southern side contains designated two (2) hour parking during business hours.  Four spaces are available directly opposite the subject land.

 

It will be reasonable to include the following condition on any permit that may be issued:

 

The permit holder must at all times during the operation of the home occupation make available not less than one car parking space in front of the home occupation building to the satisfaction of the Responsible Authority for the exclusive use of visiting clients.

Whether the use will adversely affect the amenity of the neighbourhood – particularly in relation to the parking of motor vehicles.

It is not considered the parking associated with the home occupation will have a detrimental impact on the amenity of the area – particularly given the parking controls in place on Oxley Avenue.

Whether the home occupation (and the additional 22m2) is compatible with the surrounding use and development.

The occupation is to be contained within a building and the use is considered to be compatible with the surrounding residential use and development.  A number of other medical facilities and practices are located within the surrounding area.  A permit is only required in this instance for the additional 22m2.

Display of Signage

Pursuant to Clause 52.05 of the Whittlesea Planning Scheme, the subject land is located within a ‘Category 3 – High Amenity’ area which has limitations of the extent of signage that may be displayed.  The purpose for signage in such areas is to ensure that they are ‘orderly, of good design and do not detract from the appearance of the building on which the sign is displayed or the surrounding area.’

 

The type of sign that has been applied for is a ‘home occupation sign’ which is defined as a ‘sign at a dwelling that advertises a home occupation carried on in the dwelling, or on the land around the dwelling.’  A permit is not required to display this form of signage if the area of the sign does not exceed 0.2m2.  Where this size is exceeded, a planning permit is required.  The application proposes a sign of 1.6m x 1.2m (1.92m2).

 

In the context of the residential and neighbourhood setting, the proposed sign is considered excessive in area.  The sign is to be located at the front of the property and in this location it does not need to be of the size proposed to identify the premises and the services offered.  The purpose of the sign should not be to promote the business to passing motorists.  It is therefore considered that a significantly reduced area of 0.3m2 is sufficient for the site and business.  A condition of any permit issued can require that amended plans be submitted. Further conditions will ensure that the sign is not illuminated or floodlit.

 

Comments on Grounds of Objection

The objector has raised concerns that with the expansion of Northpark Hospital and other medical facilities in the area, Oxley Avenue is increasingly being used for visitor parking.  This volume of traffic is leading to safety concerns, noise and a lack of provision for resident parking.

 

While it is acknowledged that parking demand in Oxley Avenue has been the subject of community concern for some time, the proposed home occupation has been assessed as acceptable because of its small scale.  Visitors are likely to utilise the short term parking on Oxley Avenue or on the subject land.  On this basis it is considered the concerns of the objector can be adequately addressed.

In relation to signage, the concern of the objector is justified and it will be appropriate that the proposed sign be significantly modified to provide for a reduced area that will better accord with the existing residential character of the area.

OTHER MATTERS

In the event that a planning permit is issued, the Building Services Department have advised that a Building Permit will be required for a change of use to allow the former garage to be used as a home occupation.  It is considered appropriate to require that the building in question be reconverted back into a garage in the event that the land is no longer used for the particular purposes of the home occupation sought (Chinese medicine) unless a planning permit is granted for any other home occupation.  This will ensure that the site is not used for other uses which may not be compatible with the scheme and home occupation requirements.

The subject land is affected by a Development Contributions Plan Overlay (Schedule 3) relating to drainage infrastructure.  This planning provision is not relevant to the current application which only relates to the use of the land (rather than use and development).

Because the submitted plans are not scaled and dimensioned, further plans can be required as a condition of any permit 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 proposed home occupation to provide for a single person is considered appropriate having regard to the home occupation provisions of the Whittlesea Planning Scheme.  The location and area proposed for the occupation will not result in an adverse amenity outcome for the neighbourhood.  The modest parking required for the occupation can be adequately accommodated on the site or on street within designated time limited parking areas.  The site can be adequately identified with the reduced signage as recommended in this report.

 

Recommendation

THAT Council resolve to approve Planning Application No. 715885 and issue a Notice of Decision to Grant a Permit for a home occupation and a home occupation sign at 4 Oxley Avenue, Bundoora, in accordance with the endorsed plans and subject to the following conditions:

1.       Within 28 days of the date of this Permit, three copies of revised plans and elevations of the building to contain the home occupation must be submitted to and approved by the responsible authority.  The plans and elevations must be modified to show:

a)      The location of the building to contain the home occupation, the associated dwelling on the land and all landscaping.

b)      The building to contain the home occupation shown at an appropriate scale with dimensions.

c)      The internal layout of the home occupation building and elevations.

d)      The location of a visitor car parking space provided in accordance with Condition No. 3.

e)      The location of the proposed sign.

f)       The proposed area of the home occupation sign reduced to an area of not more than 0.3m2.

2.       The home occupation use allowed by this permit and shown on the plans endorsed under this permit must not be amended for any reason without the consent of the responsible authority

3.       The permit holder must at all times during the operation of the home occupation make available not less than one car parking space in front of the home occupation building to the satisfaction of the responsible authority for the exclusive use of visiting clients.

4.       The use permitted by this permit must comply with the definition of 'Home Occupation ' as defined in the Whittlesea Planning Scheme.

5.       The home occupation must comply with the home occupation requirements of the Whittlesea Planning Scheme (Clause 52.11-1) other than for the floor area requirements which must not exceed the area of the building permitted under this permit.

6.       The use hereby approved must only operate while conducted by a person who has the premises as their principal place of residence to the satisfaction of the responsible authority and no persons who do not live in the dwelling must be involved in the home occupation.

7.       This permit allows the use of the land for a home occupation associated with Chinese medicine.  If the home occupation associated with this business activity ceases, this permit will expire.

8.       Upon the cessation of the home occupation the home occupation building must be converted back to a garage ancillary to the dwelling unless a further home occupation is conducted within the building in accordance with the provisions of the Whittlesea Planning Scheme or under a separate planning permit.

9.       The home occupation must only operate between the hours of 10.00am to 5.00pm daily.

10.     The use permitted by this permit must not, in the opinion of the Responsible Authority, adversely affect the amenity of the locality by reason of the processes carried on; the transportation of material, goods, or commodities to or from the subject land, the appearance of any buildings, works or materials; the emission of noise, artificial light, vibration, smell, fumes, smoke, vapor, steam, soot, dust, waste water, waste products, grit, or oil; the presence of vermin, or otherwise.

11.     Outdoor lighting must not be used on the subject land other than that which is normal to a private dwelling.

12.     No part of the use shall be undertaken outside of the home occupation building under this permit.

13.     The sign approved under this permit must not be illuminated by external or internal light and must be maintained to the satisfaction of the responsible authority.

14.     The permit for the sign expires 10 years from the date of the permit unless the home occupation ceases before this date in which case the sign must be removed at that time.

Council Resolution

Moved:                       Cr Kelly

Seconded:               Cr Kozmevski

 

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

Carried

 


Ordinary Council Minutes                                                               Tuesday 7 February 2017

 

6.1.8    3/4 BRAND DRIVE, THOMASTOWN - USE OF EXISTING INDUSTRIAL PREMISES AS A PLACE OF WORSHIP

File No:                                  716103

Attachments:                        1        Locality Maps

2        Development Plans   

Responsible Officer:           Director Planning & Major Projects

Author:                                  Planning Officer   

 

APPLICANT:                                  Faith and Victory Church Inc.

COUNCIL POLICY:              Nil

ZONING:                               Industrial 1

OVERLAY:                            Development Contributions Plan (Schedule 3)

REFERRAL:                          Nil

OBJECTIONS:                      Three

RECOMMENDATION:         That Council refuse the application

Report

EXECUTIVE Summary

The applicant proposes to use an existing industrial building at Unit 3/4 Brand Drive, Thomastown for the purposes of a place of worship.  A maximum congregation size of 40 persons is proposed on the main day of worship (Sundays 9.00am to 6.00pm).  Services will also be held on Saturdays (2.00pm to 5.00pm) and during the evening on a defined number of weekdays (7.00pm to 10.00pm).  A reduced congregation size is proposed for these services.  The place of worship is proposed to be staffed by up to two people during weekdays between 9.00am and 5.00pm.

Advertising of the proposal resulted in three objections being received from surrounding business owners and occupiers.  The grounds of objection relate to the proposal being an inappropriate use for the Thomastown industrial area, hours of operation, noise from the place of worship affecting other businesses, traffic impacts, inadequate provision for car parking and access and inconsistency with Council’s draft Thomastown Industrial Area Strategy.

This report finds that although the use of land for a place of worship is a discretionary use within an Industrial 1 Zone, the proposed location in this instance is not considered appropriate because of the potential for conflict with other industrial uses and employment activity.  Accordingly, it is recommended that the application be refused.

SITE AND SURROUNDING AREA

The subject site comprises one of three industrial buildings located east of Brand Drive, Thomastown approximately 110m north of Settlement Road (see Attachment 1).  The buildings were constructed in the late 1980s.  Established industry, manufacturing and warehousing characterise the surrounding area.  Abutting and opposite land uses include sheet metal fabrication, industrial fabrics, pollution abatement equipment manufacturing and warehousing.

 

The industrial building proposed to accommodate the place of worship is located at the rear of the site and comprises an area of 745m2.  Access is provided via a single crossover from Brand Drive and a 64m long shared accessway (6.7m wide) which also serves the remaining two industrial buildings (Unit Nos. 1 and 2).  This accessway is designated on the title as body corporate land.

 

A total of 12 of the total 35 car parking spaces available on the land are allocated on title for the building to contain the proposed place of worship (Unit No. 3).  These spaces are located directly opposite Unit No. 2. 

 

Unit No. 1 is current vacant (formally an automotive restoration workshop).  Eleven spaces are designated for these premises.  Unit No. 2 is used for the importation and distribution of bicycle parts and components.  The business has been operating for three years and employs nine staff.  The owner and occupier is an objector to the application.  Twelve car parking spaces are designated for these premises.  Loading bay access for Unit No. 2 is provided via the common accessway opposite the car parking area associated with the proposed place of worship.

 

The rear of the site (to the rear of Unit No. 3) abuts large manufacturing site (Kestral Manufacturing Pty Ltd) who are also an objector to the application.  A warehouse complex is located to the south containing 13 buildings.

 

The nearest activity centre area (Bundoora/ Plenty Road) is more than 2km to the east.  Public bus services are available along Settlement Road.

restrictions and easements

The site is legally described as Lot 3 on Plan of Subdivision 725676W.  A 2.5m wide drainage and sewerage easement affects the rear portion of the land. However, there are no restrictions on title that preclude Council from determining the application.

Proposal

The application seeks approval to use Unit No. 3 for the purpose of a place of worship (see Attachment 2) to accommodate a congregation of 40 people.  The building will be used for church services, church gatherings, leadership/ team meetings and a base for pastoral outreach.  The application includes the following hours:

Day

No. of people

Times

Monday - Friday

1-2 (Church staff)

9.00am - 5.00pm

Evening Services

Tuesday

15

7.00pm – 10.00pm

Thursday

25

7.00pm – 10.00pm

Friday

10

7.00pm – 10.00pm

Weekend Services

Saturday (occasional)

25

2.00pm – 5.00pm

Sunday

40

9.00am – 5.00pm

No external buildings and works are proposed.  Internal building works will comprise the addition of two small offices and toilet facilities.  Access is proposed via a single doorway and roller door.  It is likely that if a permit were to be granted a Building Permit would also be required to ensure the change of use met relevant building requirements.

Public Notification

Advertising of the application has resulted in three objections being received (See Attachment 1 for location of objectors).  The grounds of objection can be summarised as follows:

1.       Inappropriate use for an industrial area;

2.       Hours of operation;

3.       Noise (from the place of worship affecting other premises);

4.       Traffic impacts and inadequate provision for car parking and access; and.

5.       Inconsistency with Council’s draft Thomastown Industrial Area Strategy (2015 to 2035).

PLANNING ASSESSMENT

The following provides an assessment of the proposal against the provisions of the Whittlesea Planning Scheme.

State and Local Planning Policy Frameworks

Clause 17.02-3 of the State Planning Policy Framework (SPPF) specifically designates the Thomastown employment area as one of ‘State significance’.  Relevant strategies under this provision seek to ‘maintain buffer distances from sensitive or incompatible uses.’  Clause 17.01-2 (Industrial land development) sets out an objective ‘to ensure the availability of land for industry’.  Relevant strategies seek to ‘avoid approving non-industrial land uses, which will prejudice the availability of land for future industrial requirements, in identified industrial areas.’  Under the Framework recreational, commercial and community uses are encouraged to establish in and around activity centres.

Clause 21.10 of the Local Planning Policy Framework (LPPF) relates to economic development and sets out objectives which seek to ‘provide sustainable economic development opportunities and support economic activity which is responsive to the investment and employment needs of the community.’

Zone and Overlay Controls

The subject land is located within an Industrial 1 Zone.  A purpose of the zone seeks to ‘provide for manufacturing industry, the storage and distribution of goods and associated uses in a manner which does not affect the safety and amenity of local communities.’  A place of worship is a discretionary use (subject to a planning permit) within the zone.

Clause 33.01-2 of the zone provisions sets out decision guidelines that a responsible authority must consider when determining an application.  Relevant guidelines include ‘the affect that nearby industries may have on the proposed use’ and ‘the effect of traffic to be generated on roads.’  Impacts of existing and proposed industries on new sensitive uses may include noise, traffic, emissions, hours of operation, vibrations etc.

 

The subject land is affected by the Development Contributions Plan Overlay (Schedule 3) relating to the provision of drainage infrastructure contributions.  This provision is not relevant to the current application proposal as no external buildings and works are proposed.

 

 

 

Particular Provisions

 

Pursuant to Clause 52.06 of the Scheme, a new use must not commence until the required car spaces have been provided on the land.  The car parking table at Clause 52.06-5 of the Scheme sets out the number of car spaces required.  (A ‘place of worship’ falls under the broader category of a ‘place of assembly’):

 

Proposed Use

Clause 52.06

Car Parking Rate

Size/No.

No. of Spaces required

No. of Spaces provided

Total Planning Scheme Shortfall

Place of assembly (which includes a place of worship)

 

0.3 to each person attending

40 attendees at any given time

12

12 (registered on title)

0

Based on the above, the proposal satisfies the requirements of Clause 52.06. 

There are no designated disabled car parking spaces on the site.

Comments on Grounds of Objection

1.       Inappropriate use for an industrial area.

Objectors have stated that the proposed use is not appropriate for the Thomastown Industrial area which is one of Melbourne’s leading precincts for advanced manufacturing and an area now embracing new technologies and markets.  One objection (from an abutting business employing 44 manufacturing and support staff) states: ‘The Council has a duty to make responsible and informed planning decisions which supports growth of local industry and protects against incompatible development’ and that ‘…planning policy should be supportive of job creation rather than displacing existing industry from appropriately zoned areas.’  The objector submits that some businesses will relocate if the proposal is approved due in part to a lack of future investment certainty.  Concerns have been expressed that the proposed use may see complaints and objections raised by the new use from existing and proposed industrial activities.  It has been further stated that investment growth is likely to be compromised if non-employment uses are permitted in the area.

Places of worship have on occasion been approved within industrial areas.  These areas have been attractive because of their affordability.  The Industrial 1 Zone allows consideration of places of worship within employment areas.  However, planning policy also emphasise the need for these types of uses to be better integrated within and around activity centres so they can be more accessible to the community.

2.       Hours of Operation

All objectors have raised issues about the hours of operation which extend to 10.00pm on a number of weekdays.  Due to incidents of theft and damage, an entrance gate providing access to the three tenancies forming part of the subject land is in place and is locked outside of regular business hours.  Concern has been expressed that evening services extending to 10.00pm will reduce security and attract others to congregate in the estate and the surrounding area. 

The applicant contends that the increased number of people outside of business hours will lead to increased surveillance thus deterring potential theft and other inappropriate behaviour.

The proposal to conduct the place of worship within a group of industrial tenancies with shared access outside of regular business hours has been assessed as problematic by officers.  These issues would be less of a concern if the use were proposed on an individually-owned and controlled property.  Although security could be addressed as conditions of a permit, enforcement over the longer term may be an issue.

3.       Noise (proposed place of worship affecting other premises)

Objectors have noted that the proposal will have amplified music and that the building (comprising tilt slab concrete, roller doors and windows) has not been designed for noise attenuation.  The proposed building also abuts, and is in close proximity to, other businesses and tenancies.  The adjoining business (Unit No. 2) operates seven days a week and submits that the operator and staff should not be unreasonably exposed to noise and music emanating from the building.  A further objector has expressed concern that their business, and in particular, their business and sales teams operating from a nearby building, will be affected by noise.

The applicant has confirmed that amplified music will form part of the worship activities but denies that this will impact on nearby businesses because of requirements to comply with relevant EPA standards (State Environment Protection Policy (Control of Music Noise from Public Premises) No. N-2).  It is proposed that a standard speaker system be used during the music segment of the Sunday worship services and during pastoral and encouragement sermons (lasting approximately one hour).  No external PA system is to be installed.

A condition of any permit issued could require that noise levels meet relevant standards.  While more elevated noise levels are to be expected within industrial areas, the subject land and surrounds does not currently experience significant noise levels based on officer observations. 

4.       Inadequate provision of car parking and access

In relation to access, an objector has stated that there is no formal, marked or designated pedestrian path to the site other than on the shared driveway which also serves other tenancies.  It is claimed that this condition presents a dangerous environment for those not accustomed to heavy vehicle movements (particularly children) within an industrial context.  The business operating from Unit No. 2 has stated that over a typical fortnight an average of nine heavy vehicle movements occur each day (ranging from standard three tonne delivery vehicles, tilt slide trucks and articulated vehicles/ semi trailers delivering and picking up 20 and 40 foot shipping containers.  (Companies that operate container vehicles are reluctant to unload in circumstances where people are in close proximity).  In addition, forklift vehicles operate from the site.  Photographic evidence of this activity has been provided to Council.  The future occupancy of Unit No. 1 is likely to further intensify vehicular movements on the site.  Any attendees or visitors choosing to park on Brand Drive would also need to walk along the access drive past two industrial tenancies to access the proposed building.

The concerns relating to the internal movement of large vehicles raise issues of safety for the proposed use and issues of liability for existing businesses.  These concerns should be given significant weight.  These issues would typically not arise in relation to a site fully owned and controlled by the proponent.  A recommendation was made on a without prejudice basis for the applicant to investigate opportunities within the vacant Unit No. 1. (close to Brand Drive).  However, this has not been taken up.

Within the context of the broader surrounding road network, Council’s City Design and Transport Department have provided advice that the existing network on Brand Drive has the capacity to accommodate traffic generated by the proposed use.

Objectors have noted that the building to contain the place of worship (745m2) is clearly capable of accommodating a greater number of people and that the proposed numbers are likely to be exceeded with the natural growth of the congregation.  Further concerns have been expressed about attendee numbers, parking and access on special religious days and funerals.  If a permit were to be issued, these matter could be addressed as conditions.

5.       Inconsistency with Council’s draft Thomastown Industrial Area Strategy (2015 to 2035).

This strategy establishes a long term vision and framework to provide certainty and investor confidence for the Thomastown industrial area.  The strategic strengths of the area are documented and future needs, particularly relating to planning and development, are identified.  A key objective of the draft strategy is to ‘maintain and protect the industrial area’s existing and future function as an employment precinct and avoid the encroachment of sensitive uses.’  As the draft strategy is not yet formally adopted under a planning scheme amendment, it is not yet a ‘seriously entertained’ planning document and therefore cannot form a basis for deciding the current application.

6.       Security and Liability Concerns

Specific objections from the adjoining Kestral manufacturing site (abutting the eastern boundary) relate to breaches of the shared boundary fence (particularly by children attending the premises).  Any such breaches would, according to the objector, raise issues of security and liability.  Between the rear wall of the subject premises and the shared boundary fence to the Kestral property is a narrow outdoor area (containing the easement) which can be accessed from the subject building via doorway.  The applicant has stated that use of this area will be supervised.  If a permit were issued, conditions could ensure that additional security fencing, if required, be provided.

While a number of issues raised by objectors could be dealt with via condition of any permit that may be issued, other issues, particularly relating to access, are not capable of being addressed in this manner.  Objector concerns from those operating existing businesses need to be given significant ‘weight’ because planning policy is strongly aligned to supporting these employment uses over other non-employment activity. 

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

Although a place of worship is a discretionary use within the Industrial 1 Zone, the land proposed for the place of worship is constrained and has potential to prejudice the proper functioning of abutting and nearby employment activity.  State and local planning provisions as set out in the Whittlesea Planning Scheme place significant weight on maintaining and enhancing industry viability and investment.  Having regard to these provisions and the views of objectors, it is considered the proposal should be refused.  Council officers can work with the applicant to identify other more appropriate locations - preferably within or adjacent to an established activity centre.

 

 

 

Recommendation

THAT Council resolve to refuse Planning Application No. 716103 and issue a Notice of Refusal for the use of the existing industrial premises at 3/4 Brand Drive, Thomastown as a place of worship on the following grounds:

1.       The proposed use will prejudice the availability of land for future industrial requirements and is inconsistent with State and local planning provisions relating to industry and economic development (Clauses 17.01-2, 17.02-3 and 21.10).

2.       The proposed use does not support the purpose of the Industrial 1 Zone (Clause 33.01).

3.       Nearby industries will have an adverse impact on the proposed use (Clause 33.01-2).

4.       Access to the proposed place of worship is inadequate and unsafe having regard to existing and proposed employment uses operating on the site.

 

Council Resolution

Moved:                       Cr Lalios

Seconded:               Cr Butler

 

THAT Council resolve to approve Planning Application No. 716103 and issue a Notice of Decision to Grant a Permit for use of the existing premises as a Place of Worship at 3/4 Brand Drive, Thomastown in accordance with the endorsed plans and subject to the following conditions:

 

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

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

3.         The use may only operate as follows:

·                A maximum of 2 people at any one time between the hours of 9.00am to 5.00pm Monday to Friday.

·                A maximum of 25 people at any one time between the hours of 7.00pm to 10.00pm Tuesday, Thursday and Friday.

·                A maximum of 25 people at any one time between the hours of 2.00pm to 5.00pm Saturday.

·                A maximum of 40 people at any one time between the hours of 9.00am to 5.00pm Sunday.

The number of people and hours of operation shall not be amended for any reason without the written consent of the Responsible Authority.

4.         No fewer than 12 car spaces must be provided on the land for the use.

 

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 buildings, 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 levels associated with the use and/or development must at all times comply with the State Environment Protection Policies to the satisfaction of the Responsible Authority.

7.         Vehicles under the control of the operator of the use or the operator’s staff must not be parked on the nearby roads.

8.         The permit holder must promptly remove or obliterate any graffiti on the subject site which is visible to the public within 24 hours of detection and keep the site free from graffiti at all times to the satisfaction of the Responsible Authority.

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

10.      The site shall at all times be kept in a neat and tidy condition to the satisfaction of the Responsible Authority.  Any litter shall be immediately removed from the site and surrounding area at the written direction of Council.

11.      This permit will expire if:

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

(b)       the use is discontinued for a period of two years.  

Carried

 

 

 


Ordinary Council Minutes                                                               Tuesday 7 February 2017

 

6.1.9    266 Mahoneys Road, Thomastown - Use and Development of Land for the Purpose of a Concrete Batching Plant and Landscape Garden Supplies

File No:                                  715368

Attachments:                        1        Locality Maps

2        Development Plans

3        Default buffer and adjusted directional buffer   

Responsible Officer:           Director Planning & Major Projects

Author:                                  Senior Planner   

 

APPLICANT:                                  Zaken Holdings Pty Ltd

COUNCIL POLICY:              Industrial Development Policy

ZONING:                               Industrial 1

OVERLAY:                            Development Contributions Plan (Schedule 3)

REFERRAL:                          VicRoads

                                                Melbourne Water

                                                SPI PowerNet

                                                EPA Victoria

OBJECTIONS:                      Six objections (including a petition with 83 signatures)

RECOMMENDATION:         That Council approve the application

Report

EXECUTIVE Summary

The applicant proposes to use and develop the land for the purpose of a concrete batching plant and landscape garden supplies. The application also includes works within a Land Subject to Inundation Overlay and alteration of access to a road within a Road Zone Category 1 (Mahoneys Road).

Advertising of the proposal resulted in six objections being received, including an 83-signature petition. The grounds of objection relate to adverse environmental and health impacts (dust emissions, air pollution and noise); amenity and visual impacts; hours of operation; traffic impacts; and property devaluation. Objectors are concerned about the proximity of the proposal to a residential area.  The objections and petition have been received from residents within the City of Darebin, south of Mahoneys Road (the municipal boundary).

The officer report sets out the relevant planning provisions that must be considered under the Whittlesea Planning Scheme when determining whether a planning permit should be granted including State and local planning policies and the Industrial 1 Zone, planning overlays and particular provisions.  The application has been assessed as capable of meeting these provisions.

The application was required to be referred to the Environment Protection Authority Victoria (EPA).  The authority has advised that it does not object to the application proposal and that it is satisfied that the proposal can be compliant and in accordance with EPA guidelines subject to a range of specified conditions.

The concerns of objectors are considered and addressed in this report and it is the view of officers that the proposal will not have adverse amenity or health impacts on residents and it is recommended that the application be approved subject to conditions, including those required by relevant authorities.

SITE AND SURROUNDING AREA

The subject site (see Attachment 1) is located to the north of Mahoneys Road, Thomastown.  The site is irregular in shape, has a frontage of 47.4m, an average depth of 86.6m and a total site area of 4,256m2. The site is currently vacant and contains no vegetation.

The subject land was historically used for the purpose of a stone and monument masonry factory which established in the 1960s and ceased in 2014. The buildings associated with this industry were subsequently demolished. A planning permit (714638) has recently granted to use and develop the western portion of the former factory site (now described as 280 Mahoneys Road) for the purpose of a panel beater and car wash. Works have recently commenced in relation to this development.  The current proposal is for the balance of the site.

The western boundary of the subject land is defined by Central Creek – a modified and degraded waterway which runs is a southerly direction under both the Metropolitan Ring Road and Mahoneys Road into a lineal open space reserve (connecting with the Merri Creek further to the south).  Land to the east of the Central Creek and the subject land comprises a recently constructed warehouse facility associated with the storage and distribution of large construction cranes.

Land to the north abuts the Metropolitan Ring Road and the Hume Freeway interchange.

The broader industrial area north of Mahoneys Road in proximity to the subject land is undergoing transformation from older industries typically having poor amenity and environmental controls to a range of newer industries and warehousing with higher levels of landscaping and amenity.  The draft Thomastown Industrial Area Strategy has been prepared to assist in the transformation of this area.

The City of Whittlesea southern municipal boundary is Mahoney’s Road (centreline) and land to the south is located within the City of Darebin (within the suburb of Reservoir).  Under the Darebin Planning Scheme this land is designated within a General Residential Zone.

Mahoneys Road comprises a six lane divided arterial road.  To the west of Central Creek established dwellings front Mahoney’s Road via a service road.  The Mahoney’s Road reservation (inclusive of the service road) is approximately 50m in width opposite the subject land.  To the southwest of the subject land (east of Central Creek), newer dwellings have been constructed which have internal access roads and side and rear boundaries abutting Mahoney’s Road. 

restrictions and easements

The site is legally described as Lot 2 on Plan of Subdivision 731082T. Covenant AM387986K applies to the land and prohibits the land being used as an automotive or body repairs shop.  The site is also subject to a number of easements for drainage, sewerage and electricity. (located along the eastern and northern boundaries and within a small section of the southern boundary).  None of the title encumbrances prevent the current application proposal from consideration although, as further detailed in this report, the plans have required amendment to ensure no buildings and works are located on the approximately 10m wide drainage and sewerage easement adjacent to Central Creek.

Proposal

The applicant proposes to use and develop the land for the purpose of a concrete batching plant and landscape garden supplies (see Attachment 2). The application also proposes to alter access to a road in a Road Zone Category 1 (Mahoneys Road).

The concrete batching plant and landscape garden supplies will be located on the northern portion of the subject land.  This area will contain concrete panel garden supply storage bins, the concrete batching structure (16m in height), loader working areas and ramps and truck parking.

The front portion will contain a landscaped setback, customer and staff parking, a two storey precast concrete office and staff amenities building and display areas.  A 5.0m high acoustic sound wall will extend from the eastern boundary of the drainage easement to the two storey building.  Fencing on other boundaries and the edge of the easement will comprise a 2.0m high mesh fence with a further dust control mesh wrap.  Hardstand concrete is proposed for the entire balance of the site.  The easement area adjacent to Central Creek is to be landscaped.

The applicant proposes that the concrete batching plant operate between the hours of 7.00am to 6.00pm Monday to Friday and 7.00am to 1.00pm Saturday. The proposed use will not operate on Sundays.

The proposed concrete batching plant is expected to produce approximately 22,500m3 of product per annum (at an average of 75m3 per day).  The plant will contain silos, storage bins, a conveyor system with a fabric filter connected to a hopper, concrete truck parking areas and raw feed bunkers.  The operations are further described as follows:

Typical operations for a concrete batching plant will not vary substantially, with cement delivered by road tanker and pneumatically transferred to silos.  Sand and aggregate are transferred by front end loader from the on-site bunkers in a damp condition to above ground weigh hoppers.  Transfer from the hoppers is metered into a bin conveyor and transferred to the loading tower via a covered conveyor and then into and agitator.  Cement and water are mixed with the aggregate in the agitator and batches are checked before loading into delivery trucks through a rubber loading sock.

The gardens supplies component of the proposed use will involve the distribution of a variety of sands, soils and crushed rock from on site storage pods located at the rear of the site.

In support of the application proposal, the following background reports have been completed:

·        Cultural Heritage Due Diligence Assessment (ACHM, 2014) which confirms that the site is not an area of Aboriginal cultural heritage sensitivity.

·        Buffer Constraint Assessment (GHD, 2016) completed by consulting environmental engineers to assess and determine the separation buffers required between the concrete batching plant and residential land to the south.  This assessment has been prepared in accordance with EPA requirements and guidelines and concludes that the use can occur within a buffer that will not affect nearby residential areas.  The details of this investigation are set out further in this report.

·        Environmental Noise Assessment (Marshall Day Acoustics, 2016) completed by acoustic engineers.  The Assessment concludes, following three dimensional noise modelling exercises undertaken on the site and surrounding area, that the proposed use is capable of meeting EPA requirements (SEPP N-1).  The details of this investigation are also further set out in this report.

Public Notification

Advertising of the application has resulted in six objections being received, including a petition with 83 signatures.  The grounds of objection can be summarised as follows:

1.       Dust, noise and odour emissions (and health impacts arising from these emissions).

2.       Hours of operation.

3.       Increased traffic on Mahoneys Road.

4.       Poor visual presentation to Mahoneys Road.

5.       Adverse impact on waterway environment.

6.       Devaluation of property.

Following the advertising period, minor amendments were made to the plans to move the proposed concrete batching plant and proposed garden supplies bins further into the central portion of the site and off the drainage and sewerage easement (to accord with a Melbourne Water requirement).  The application was not required to be re-advertised following this amendment as the amendment, in the view of officers, would not result in any discernible changed impacts on residents opposite Mahoneys Road (when compared with the advertised proposal).

Referrals

The application was referred to Melbourne Water, SPI PowerNet, VicRoads and EPA pursuant to Section 55 of the Planning and Environment Act 1987. All authorities have provided consent for a planning permit to be issued subject to the inclusion of specific permit conditions. The requirements of relevant authorities are discussed further in this report.

ASSESSMENT AGAINST THE WHITTLESEA PLANNING SCHEME

State Planning Policy Framework

The following sections of the State Planning Policy Framework (SPPF) are considered to be relevant to the application:

Clause 13.04-1 of the SPPF sets out an objective ‘to assist the control of noise effects on sensitive land uses’.  The stated strategy to achieve this objective seeks to:

Ensure that development is not prejudiced and community amenity is not reduced by noise emissions, using a range of building design, urban design and land use separation techniques as appropriate to the land use functions and character of the area.

 

Planning decisions are required to consider the State Environment Protection Policy (Control of noise from Commerce, Industry and Trade) No. N-1.

Clause 13.04-2 sets out an objective ‘to assist the protection and improvement in air quality’.  Strategies to achieve this objective seek to ‘ensure, wherever possible, that there is suitable separation between land uses that reduce amenity and sensitive land use.’  Planning decisions are required to consider State Environment Protection Policies relevant to air quality management and EPA buffer distance requirements.

Clause 14.02-1 sets out objectives and strategies relevant to the protection of waterways.  Drainage corridors with vegetated buffer zones are to be retained to maintain natural drainage functions, stream habitat, wildlife corridors and landscape values.  Works at or near waterways are to provide for the protection and enhancement of environmental qualities of the waterway.

Clause 17.02-2 of the SPPF relates to the design of industrial development.  Strategies seek to:

Ensure that industrial activities requiring substantial threshold distances are located in the core of industrial areas.

Encourage activities with minimal threshold requirements to locate towards the perimeter of the industrial area

Provide adequate separation and buffer areas between sensitive uses and offensive or dangerous industries…to ensure that residents are not affected by adverse environmental effects, nuisance or exposure to hazards.

Clause 18.01-2 (transport system) sets out strategies which seek to”

Plan or regulate new uses or development of land near an existing or proposed transport route to avoid detriment to, and where possible enhance the service, safety and amenity desirable for that transport route in the short and long term.

Local Planning Policy Framework

Clause 21.08-1 sets out urban design objectives which seek to upgrade the image and appearance of the City of Whittlesea particularly in relation to the enhancement of urban waterways (Strategy 1.1) and improving amenity and appearance at major gateways such as Mahoneys Road

Clause 21.10 (economic development) set out objectives relating to the provision of diverse employment opportunities.  Relevant strategies seek to provide adequate separation and buffer areas between industrial and sensitive uses (Strategy 1.8) and applying the Industrial Development Guidelines (Strategy 1.11).

Clause 22.09 (Industrial Development Policy) has the objective ‘to achieve well-designed, quality industrial developments that are suitably located.’  It is policy to:

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

Encourages appropriate landscaping and building setbacks that enhance and/ or improve the appearance of industrial areas.

Ensure that all external storage of goods and materials is fully screened from view.

Council’s Planning Guidelines for Industrial Development provides further reference to guide this policy.

Industrial 1 Zone

The subject site is located within the Industrial 1 Zone. The use of the land for a concrete batching plant (a form of industry) requires a planning permit because it is identified in the Scheme (Clause 52.10) as type of industry which if not appropriately designed and located may cause offence or unacceptable risk to the neighbourhood.  In this instance a planning permit is required because a residential zone (south of Mahoneys Road) is within a 300m threshold.  Landscape garden supplies are also a section 2 (permit required) use under the zone provisions.

The purpose of the Industrial 1 Zone is to implement the SPPF and LPPF and to ‘provide for manufacturing industry, the storage and distribution of goods and associated uses which does not affect the safety and amenity of local communities.’

Clause 33.01-2 of the zone provisions requires, in relation to land use proposals, that the responsible authority consider ‘the effects that the use may have on nearby or existing or proposed residential areas…having regard to any comments or directions of the referral authorities.’

Clause 33.01-4 of the zone provisions requires, in relation the development of land, that the responsible authority consider built form, landscape treatment, the interface with non-industrial areas, parking and site access, loading and service areas, outdoor storage, lighting and stormwater discharge.

Land Subject to Inundation Overlay

The eastern portion of the land is affected by a Land Subject to Inundation Overlay (LSIO). The application was referred to Melbourne Water and the authority have requested that the submitted plans be amended to remove all development from land within the drainage easement (which generally corresponds to the Overlay area).  Planning permit conditions have been stipulated including a requirement for landscaping of the Central Creek interface.

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 $4.02 per square metre of new impervious surfaces.  This requirement must be included as a condition on any planning permit that is issued.

 

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:

Use

Rate

Car spaces required

Car spaces provided

Complies

Industry

2.9 car parking spaces per 100m2 of net floor area.

6 spaces

12 spaces

Yes

Garden Supplies*

10% of the site

10% of the site

Approximately 10% of the site

Yes

The provision of 12 car parking spaces has been assessed as appropriate.  However, having regard to the layout of the proposed development, it is considered that a trailer/ truck parking area be provided near the entrance of the site to enable customers of the garden supplies to park while paying for goods/ materials. The trailer/ trucks temporary parking area can be required as a condition of permit.

The plans do not show visibility splays (at the entrance of Mahoney’s Road) as required by Clause 52.06.  It is proposed that this matter also form a condition requirement.

Comments on Grounds of Objection

1.       Dust, Noise and odour emissions (and health impacts arising from these emissions)

Dust Emissions

Objectors have raised concerns about environmental health impacts as a consequence of dust emissions from the proposed use (which would be exacerbated by strong northerly winds).  Residents are concerned that air quality will be compromised due to hazardous wind borne particles leading to respiratory disease and asthma – particularly in children.  Dust also raises amenity concerns for affected residents.

As previously discussed the Whittlesea Planning Scheme sets out particular provisions (Clause 52.10) for uses that may have adverse amenity potential for nearby sensitive uses.  A planning permit is required where prescribed industries are within defined threshold distances.  In the case of a concrete batching plant this threshold is 300m and residential area is within this threshold.  It should be noted, however, that this ‘threshold’ distance is not to be taken as a ‘separation distance’ of buffer.  This is to be determined through detailed investigations in accordance with EPA guidelines and policies.

EPA Guidelines (Recommended Separation Distances for Industrial Residual Air Emissions) recommend a separation distance of 100m for a ‘concrete plant’ which is measured from the ‘activity’ boundary’ (not the property boundary).  Attachment 3 shows this boundary.  This buffer is to protect against an amenity impact or ‘upset’ occurring on site when there may be a malfunction such as the rupture of a fabric filter.  This 100m buffer extends to partially cover two residential properties but does not completely extend over these properties.

The EPA allows for site specific variations to the 100m default buffer to have regard to the size of the proposed plant (which in this case is a relatively small operation), topography, meteorological conditions and atmospheric dispersion modelling, the likelihood of emissions and the standard of plant equipment and operations.  The Buffer Constraint Assessment completed by consultants for the applicant has taken these detail factors into account and has concluded that a reduced (or ‘derated’) buffer can be applied which is confined to the subject land and other industrial land.  This revised buffer (see Attachment 3) would not extend into the sensitive residential areas to the south.  The report concludes that:

In summary, when local meteorology and the size of the proposed plant are taken into account, there is no constraint placed on the proposed layout of the plant by virtue of residential land uses.  There is also no constraint posed to any existing sensitive receptor dwellings with the application of the 100m default buffer.

The EPA is determining referral authority for the application and have reviewed the Buffer Constraint Assessment.  In its referral response the authority has stated that ‘the proposal can comply with the emission standards subject to the proposed measures and conditions.’  These conditions include:

·    Limiting the hours of operation generally in accordance to that proposed by the applicant (daytime periods only).

·    Design and operation to accord with EPA publication 628 (Environmental Guidelines for the Concrete Batching Industry, June 1998).

·    Nuisance dust must not be discharged beyond the boundaries of the site.

·    No dust to be emitted from stockpiles.

·    Requirements for the operator to limit activity or cease the use if there is insufficient dust suppression measures available (such as water) or during days of high risk or where dust conditions are unacceptable.

A draft Site Management plan prepared as part of the application also sets out the following dust mitigation and suppression measures:

·    Provision of concrete, asphalt or similar surfacing to all internal accessways and outdoor storage areas.

·    Sprinklers to be submitted throughout the site to supress dust.

·    Weight hoppers to be shrouded on three sides.

·    Conveyor belts to be enclos