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Minutes

 

OF Ordinary
COUNCIL MEETING

HELD ON

Tuesday 28 February 2017

AT 6.30pm

In Council Chamber, 25 Ferres Boulevard, South Morang


Ordinary Council Minutes                                                             Tuesday 28 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 28 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 28 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         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 – Supporting Planning Application on corner of Church and Walnut Street, Whittlesea.. 11

5.1.2       Petition – Supporting Planning Application 716281 – 50 Church Street, Whittlesea – to use premises as a Funeral Services Business.. 12

5.2         Joint Letters.. 12

Nil Reports.. 12

6.            Officers’ Reports.. 13

6.1         Planning and Major Projects.. 15

6.1.1       37 DAVID STREET, LALOR - CONSTRUCTION OF THREE DWELLINGS   15

6.1.2       21 WESTALL STREET, THOMASTOWN - CONSTRUCTION OF THREE DWELLINGS.. 25

6.1.3       31 Settlement Road, Bundoora - Construction of six dwellings.. 37

6.1.4       96 CURTIN AVENUE, LALOR - CONSTRUCTION OF A DWELLING TO THE REAR OF an EXISTING DWELLING.. 51

6.1.5       12 Clancy Way, Doreen - Construction of two dwellings   63

6.1.6       24 Belmont Rise, Doreen - Construction of two dwellings   71

6.1.7       5 Harwood Close, Mill Park - Request for Extension of time to Planning Permit - Construction of a double storey dwelling to the rear of an existing dwelling.. 79

6.1.8       5A Mulwala drive, doreen - Request for extension of time to planning permit - Construction of 16 double storey dwellings   83

6.1.9       23 MEMORIAL AVENUE, EPPING - REQUEST FOR EXTENSION OF TIME TO PLANNING PERMIT - CONSTRUCTION OF EIGHT DWELLINGS WITHIN A THREE STOREY BUILDING.. 87

6.1.10    10 JAMES STREET, WHITTLESEA - REQUEST FOR EXTENSION OF TIME TO PLANNING PERMIT - CONSTRUCTION OF A SINGLE STOREY DWELLING TO THE REAR OF An EXISTING DWELLING.. 91

6.1.11    60 Sackville Street, Mernda - Removal of Native Vegetation   95

6.1.12    Road Reserve Adjacent to 345W Plenty Road, Mill Park  - Removal of Native Vegetation (Single River Red Gum) 107

6.1.13    95 Williamsons Road, South Morang - Removal of Native Vegetation (Two River Red Gums) 111

6.1.14    310 & 290A Bridge Inn Road, Mernda - Use and Development of a childcare centre.. 117

6.1.15    1-3 & 5 ALLAN AVENUE, SOUTH MORANG - USE AND DEVELOPMENT OF A VETERINARY CENTRE AND THE DISPLAY OF BUSINESS IDENTIFICATION SIGNAGE.. 135

6.1.16    Thomastown Industrial Area Strategy.. 147

6.1.17    815-835 Yan Yean Road Development Plan.. 153

6.1.18    REDEVELOPMENT OF THE MILL PARK LEISURE CENTRE - SCHEMATIC DESIGN UPDATE.. 177

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

6.1.20    AURORA PLANNING SCHEME AMENDMENT: REZONING OF 239-255 CRAIGIEBURN ROAD, WOLLERT FROM FARMING ZONE TO COMPREHENSIVE DEVELOPMENT ZONE.. 197

6.2         Community Services.. 203

6.2.1       2017 Winter Season Sports Ground Allocation Report  203

6.3         City Transport and Presentation.. 209

6.3.1       Station Street - Parking and Traffic Management. 209

6.3.2       Municipal Emergency Management Plan Update and Endorsement. 215

6.3.3       Parking Management: Fullarton Drive, Epping.. 219

6.3.4       LOCAL AREA TRAFFIC MANAGEMENT (LATM) 20 - MILL PARK.. 225

6.4         Corporate Services.. 235

6.4.1       MAYORAL AND COUNCILLOR ALLOWANCES.. 235

6.4.2       Australian Local Government Women's Association National Conference 2017. 239

6.4.3       2018 General Revaluation & Appointment of Valuer Under Valuation of Land Act. 243

6.4.4       FINANCIAL PERFORMANCE REPORT FOR THE PERIOD ENDED 31 DECEMBER 2016 & 2016/17 MID-YEAR BUDGET REVIEW... 247

6.4.5       URBAN DEVELOPMENT INSTITUTE OF AUSTRALIA (UDIA) NATIONAL CONGRESS 2017. 251

6.4.6       Assemblies of Councillors - 28 February 2017. 255

6.4.7       Review of Financial Delegations to the Chief Executive Officer.. 259

6.5         Partnerships & Engagement.. 263

6.5.1       Community Plan and Community Wellbeing Indicators.. 263

6.6         Executive Services.. 267

Nil Reports.. 267

7.            Notices of Motion.. 269

Nil Reports.. 269

8.            Questions to Officers.. 269

9.            Urgent Business.. 269

9.1           Lease - Animal Welfare Facility - 490 Cooper Street Epping   269

10.         Reports from Delegates Appointed to Council by Other Bodies.. 270

10.1        Whittlesea Reconsiliation Group Meeting.. 270

10.2        YMCA Whittlesea.. 271

11.         Questions to Councillors.. 271

11.1        Impact on parking in Allan Avenue South Morang - Use and Development of Veterinary Centre.. 271

11.2        Impact on Parking in Allan Avenue South Morang - Use and Development of Veterinary Centre.. 272

11.3        IMPACT ON PARKING IN ALLAN AVENUE SOUTH MORANG - USE AND DEVELOPMENT OF VETERINARY CENTRE.. 272

12.         Confidential Business.. 273

12.1       Planning and Major Projects.. 273

12.1.1    Supply and Implementation of an Enterprise Project Management Office System (EPMOS) Contract 2015-213 - Contract Variation Report. 273

12.2       Community Services.. 273

12.2.1    Sporting Clubs Outstanding Debtors.. 273

12.3       City Transport and Presentation.. 273

12.3.1    CONSTRUCTION OF TRAFFIC SIGNALS YAN YEAN ROAD / COOKES ROAD INTERSECTION - TENDER EVALUATION REPORT - CONTRACT 2016-192  273

12.3.2    Provision of Traffic Monitoring Services.. 273

12.4       Corporate Services.. 273

12.4.1    Tender Evaluation Report re Contract 2016-70 for Provision of Animal Welfare Services.. 273

12.5       Partnerships & Engagement.. 273

Nil Reports.. 273

12.6       Executive Services.. 273

12.6.1    MEETINGS OF THE CHIEF EXECUTIVE OFFICER 30 January to 17 February 2017. 273

12.6.2    CEO KPI Progress Report. 273

 

 

Note:

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

 

 

 


Ordinary Council Minutes                                                             Tuesday 28 February 2017

 

1.         Opening

1.1       MEETING OPENING AND PRAYER

The Chief Executive Officer opened the meeting with a prayer at 6.30PM.

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       Present

Members:

Ricky Kirkham                     Mayor (North Ward)

John Butler                          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)

 

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

 

Apology

Apologies received on behalf of Cr Sterjova and Cr Pavlidis.

Council Resolution

Moved:                       Cr Alessi

Seconded:               Cr Kozmevski

 

THAT the Councillors apologies be received and leave be granted.

Carried

 

3.         Declarations of Interest

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

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 Butler

Seconded:               Cr Desiato

 

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

Ordinary Meeting of Council held 7 February 2017; and

Special Meeting of Council held 14 February 2017.

Carried

 


 

5.         Consideration and Action on Petitions and Joint Letters

5.1       Petitions

5.1.1    Petition – Supporting Planning Application on corner of Church and Walnut Street, Whittlesea

File No:                                   716281

 

A petition has been received from 55 people (49 residents and 6 non-residents) supporting the planning permit application to use premises at the corner of Church and Walnut Streets, Whittlesea as a funeral parlour.

 

Council Resolution

Moved:                       Cr Butler

Seconded:               Cr Cox

 

THAT Council resolve to:

1.   Receive the petition from 55 people (49 residents and 6 non-residents) supporting the planning permit application to use the corner of Church and Walnut Streets, Whittlesea as a funeral parlour; and

2.   Consider the petition in conjunction with the Council Report dealing with planning permit application 716281 at a subsequent Council Meeting.

 

Carried

 


 

 

5.1.2    Petition – Supporting Planning Application 716281 – 50 Church Street, Whittlesea – to use premises as a Funeral Services Business

File No:                                   716281

 

A petition has been received from 46 traders in the Whittlesea Township supporting planning permit application 716281 to use the premises at 50 Church Street, Whittlesea as a funeral services business.

 

Council Resolution

Moved:                       Cr Butler

Seconded:               Cr Desiato

 

THAT Council resolve to:

1.   Receive the petition from 46 traders supporting planning permit application 716281 to use the premises at 50 Church Street, Whittlesea as a funeral services business; and

2.   Consider the petition in conjunction with the Council Report which will consider planning permit application 716281 at a subsequent Council Meeting.

 

Carried

 

5.2       Joint Letters

Nil Reports 


Ordinary Council Minutes                                                             Tuesday 28 February 2017

 

6.         Officers’ Reports

Council Resolution

Moved:                       Cr Desiato

Seconded:               Cr Butler

 

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, 6.1.8, 6.1.10, 6.1.11, 6.1.15, 6.1.17, 6.3.1, 6.3.2, 6.4.2, 6.4.3, 6.4.4, 6.4.5 and 6.4.6.

Carried

 

 

Group Adoption of Items En Bloc

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

 

 

 


Ordinary Council Minutes                                                             Tuesday 28 February 2017

 

6.1       Planning and Major Projects

6.1.1    37 DAVID STREET, LALOR - CONSTRUCTION OF THREE DWELLINGS

File No:                                  716169

Attachments:                        1        Locality Maps

2        Development Plans   

Responsible Officer:           Director Planning & Major Projects

Author:                                  Planning Officer   

 

APPLICANT:                                  MS Designer Living Pty Ltd

COUNCIL POLICY:              Nil

ZONING:                               General Residential Zone

OVERLAY:                            Development Contributions Plan Overlay

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 land.  The existing concrete crossing located along the north and west property boundaries is to provide vehicular access to Dwelling No. 1 and a new crossing is to be constructed along the north and east property boundaries for Dwelling for Dwelling Nos. 2 and 3.

Advertising of the proposal resulted in one objection being received.  The grounds of objection relate to the height of the proposed development, overlooking and impact on the privacy for adjoining owners.

The proposal demonstrates a satisfactory level of compliance with the provisions of Clause 55 of the Whittlesea Planning Scheme.  All objectives of Clause 55 can be met.  A small number of standards have not been met but can be addressed through conditions of any permit that may be issued.

The Housing Diversity Strategy (HDS) nominates the 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 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 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 a residential property located on the southern side of David Street, approximately 500m west of Dalton Road, Lalor (see Attachment 1).  The site is rectangular in shape and provides a frontage to David Street of 15.2m and a depth of approximately 44.0m, providing a total site area of 673m2.  The site is relatively flat and contains a detached single storey weatherboard dwelling with a tiled hipped roof, and a garage located to the rear of the dwelling.  Vehicular access to the site is provided via a single concrete crossing located along the north and west property boundaries.  There is no vegetation of significance contained within the site.

The surrounding area is generally characterised by residential land uses with existing single storey dwelling being typical of the prevailing built form.  There are a number of multi-dwelling developments within the immediate vicinity, in particular abutting the subject site to the west at 35 David Street (4 semi-detached town houses) and to the east at 51 and 53 David Street (both sites contain dual occupancies). The abutting site immediately to the south contains a medium density housing site comprising three dwellings.

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

·        Lalor Primary School (300m north).

·        Lalor Secondary College (400m east).

·        St Lukes Primary School (450m west).

·        Vasey Avenue Park (450m northwest).

·        Lalor Library (500m direct southwest).

·        Lalor Living and Learning Centre – Occasional Care (500m southwest).

·        Lalor Shopping Precinct (750m west).

·        Lalor Train Station (1km northwest).

restrictions and easements

The Certificate of Title for the property shows that the site is not affected by any restrictive covenants or Section 173 Agreements.  The site is however encumbered by a 1.83m wide drainage and sewerage easement along the southern property boundary.

Proposal

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

The dwellings will each comprise a similar floor plan with a varied configuration.

Dwelling No. 1 will have street frontage to David Street and comprise an open plan kitchen/meals/living area, alfresco area, a powder room and laundry facilities at ground level.  At first floor level, the dwelling will contain three bedrooms (master with ensuite and walk-in-robe) and a separate bathroom. Dwelling No 1 will be serviced by a separate driveway which will access a single garage and provide the opportunity for an extra tandem car space in the driveway.

Dwelling No. 2, at ground level, the dwelling will contain an open plan kitchen/meals/family area, a powder room and a laundry.  At first floor level, the dwelling will contain three bedrooms (master with ensuite and built-in-robe) and a separate bathroom.  This dwelling will have a double garage located to the rear of the dwelling.

Dwelling No. 3 will be located at the rear of the property.  At ground level, the dwelling will contain an open plan kitchen/meals/family area, a powder room, laundry facilities and a bedroom.  At first floor level, the dwelling will contain one bedroom (master with ensuite and walk-in-robe) and a separate rumpus.  Dwelling No. 3 will have a single garage that is located towards the front of the dwelling and adjoining the garage of Dwelling No 2.

All three dwellings will be provided with private open space and secure external storage accessible from their respective living areas.

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

 

Height/Scale

Number of Bedrooms

Setbacks

Private Open Space

Car Parking

Maximum Height

Dwelling No. 1

Double storey

3

7.5m front (north), 6.5m side (east) and 0m side (west).

95m2 (including 34m2 secluded private open space).

Single garage (6.6m x 3.5m) plus an open car space in tandem.

7.2m (overall)

Dwelling No. 2

Double storey

3

4.0m side (east) and 2.5m side (west).

47m2 (all secluded private open space)

Double garage (6.0m x 5.5m)

7.2m (overall)

Dwelling No. 3

Double storey

2

0m side (east);

3.0m side (west) and 2.0m rear (south).

53m2 (all secluded private open space)

Single garage (6m x 3.5m)

7.2m (overall)

Public Notification

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

1.       Height.

2.       Overlooking resulting in a loss of privacy.

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

ü

ü

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

The proposed dwellings are considered to be of a scale and form that respects and will integrate well with the existing housing stock.

B2

Residential Policy

ü

ü

The proposal is consistent with State and Local Planning Policy Frameworks in that it provides for moderate housing growth and diversity to the existing housing stock within a location offering good access to services and transport.

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 allow activation of the street while also allowing for sufficient landscaping. Site coverage objectives seek to facilitate a balance between increased densities and landscape opportunities. Provision of attractive landscaping to complement medium density built form is encouraged.

The proposed development is generally consistent with the preferred density and key design principles outlined in the HDS. The indicative landscape areas shown on the plans submitted allow sufficient private open space to accommodate a small to medium canopy tree within the rear setback for each dwelling which will soften the impact of the proposed built form.  The generous front setback can also accommodate a large canopy tree or a number of medium canopy trees to replace the existing tree on site and further enhance the streetscape.

B3

Dwelling Diversity

N/A

N/A

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

B4

Infrastructure

ü

ü

 

B5

Integration with the street

ü

ü

 

B6

Street setback

ü

ü

 

B7

Building height

ü

ü

 

B8

Site coverage

ü

ü

 

B9

Permeability

ü

ü

 

B10

Energy efficiency

ü

ü

 

B11

Open space

N/A

N/A

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

B12

Safety

ü

ü

 

B13

Landscaping

ü

×

The indicative landscape areas shown on the plans submitted allow sufficient private open space to accommodate a small to medium canopy tree within the rear setback for each dwelling which will soften the impact of the proposed built form. A detailed landscape plan has not been provided with the application. To ensure the proposal is acceptable, a condition requiring a landscape plan will be included on any permit that is issued.

B14

Access

ü

ü

 

B15

Parking location

ü

ü

 

B17

Side and rear setbacks

ü

ü

 

B18

Walls on boundaries

ü

ü

 

B19

Daylight to existing windows

ü

ü

 

B20

North-facing windows

ü

ü

 

B21

Overshadowing open space

ü

ü

 

B22

Overlooking

ü

ü

 

B23

Internal views

ü

ü

 

B24

Noise impacts

ü

ü

 

B25

Accessibility

ü

ü

 

B26

Dwelling entry

ü

ü

 

B27

Daylight to new windows

ü

ü

 

B28

Private open space

ü

ü

 

B29

Solar access to open space

ü

ü

 

B30

Storage

ü

ü

 

B31

Design detail

ü

ü

 

B32

Front fences

ü

ü

 

B33

Common property

ü

ü

 

B34

Site services

ü

ü

 

CAR PARKING 

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

Dwelling No.

No. of bedrooms

Car spaces required

Car spaces provided

Complies

1

3

2

2

Yes

2

3

2

2

Yes

3

2

1

1

Yes

 

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

DEVELOPMENT CONTRIBUTIONS PLAN OVERLAY (SCHEDULE 3)

The site is affected by the Development Contributions Plan Overlay.  Pursuant to Clause 45.06 of the Whittlesea Planning Scheme, the Development Contributions Plan Overlay enables the levying of contributions for the provision of works, services and facilities prior to development commencing.  Schedule 3 to the overlay requires 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.       Height

The proposed double storey nature of the dwellings will integrate well with the existing housing stock in the area and is similar to that provided on a number of medium density developments within the immediate vicinity.  Additionally, the proposal is consistent with the key design principles set out in Council’s HDS which encourages a range of low to medium building heights that support some housing diversity within the ‘Neighbourhood Interface’ change area.

2.       Overlooking resulting in a loss of privacy

The use of ‘hi-lite’ windows and fixed obscure glazing to habitable room windows at first floor level will ensure that there will be no overlooking into neighbouring properties in accordance with the standard requirements of Clause 55.04-6 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. 716169 and issue a Notice of Decision to Grant a Permit for the construction of three dwellings at 37 David Street, Lalor in accordance with the endorsed plans and subject to the following conditions:

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

2.       (a)     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 $600 as security deposit for the satisfactory completion and maintenance of the landscaping works hereby permitted.

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

3.       Before the development starts, three copies of a revised plan must be submitted to and approved by the Responsible Authority showing a printed sample/schedule of all external colours and materials to be used in the construction of the dwellings.

4.       Before 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 setbacks and private open space areas, including a schedule of all proposed trees, shrubs and ground covers;

(b)     Designation of areas throughout the site for garden beds, grass, paths, decks paved areas;

(c)     The identification of any vegetation to be retained including tree protection zones;

(d)     The provision of canopy trees (minimum two metres in height when planted) within the front setback and rear setback of each dwelling;

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

(f)      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.       All requirements of the Construction Management Plan must be undertaken to the satisfaction of the Responsible Authority.

8.       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.

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

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

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

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, 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.     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 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 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.

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

(a)     the approved development does not start within 2 years of the date of this permit; or

(b)     the approved development is not completed within 4 years of the date of this permit. 

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

NOTES

Advanced Trees

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

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

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

Easements

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

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                    1/37 David Street, Lalor

Dwelling 2                    2/37 David Street, Lalor

Dwelling 3                    3/37 David Street, Lalor

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

Council Resolution

Moved:                       Cr Desiato

Seconded:               Cr Butler

 

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

Carried

 

 


Ordinary Council Minutes                                                             Tuesday 28 February 2017

 

6.1.2    21 WESTALL STREET, THOMASTOWN - CONSTRUCTION OF THREE DWELLINGS

File No:                                  716002

Attachments:                        1        Locality Maps

2        Development Plans   

Responsible Officer:           Director Planning & Major Projects

Author:                                  Planning Officer   

 

APPLICANT:                                  DC Building Design Studio

COUNCIL POLICY:              Clause 21.09 - Housing

ZONING:                               General Residential Zone

OVERLAY:                            Development Contributions Plan Overlay

REFERRAL:                          Nil

OBJECTIONS:                      Two

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 land.  The existing concrete crossing located along the north and east property boundaries is to provide vehicular access to Dwelling Nos. 2 and 3 and a new crossing is to be constructed along the north and west property boundaries for Dwelling No. 1.

Advertising of the proposal resulted in two objections being received.  The grounds of objection relate to the height of the development, overlooking, overdevelopment and inadequate side setbacks from the existing dwellings abutting the site.

The proposal demonstrates a satisfactory level of compliance with the provisions of Clause 55 of the Whittlesea Planning Scheme.  All objectives of Clause 55 can be met.  A small number of standards have not been met but can be addressed through conditions of any permit that may be issued.

The Housing Diversity Strategy (HDS) nominates the 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 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 a residential property located on the southern side of Westall Street, approximately 200m west of High Street and 400m southwest of the Station Street shopping area (see Attachment 1).  The site is rectangular in shape and provides a frontage to Westall Street of 15.8m and a depth of approximately 42.0m, providing an overall site area of 667m2.  The site is relatively flat and contains a detached single storey brick dwelling with a tiled hipped roof, a garage and shedding located towards the rear of the dwelling.  Vehicular access to the site is provided via a single concrete crossing located along the north and east property boundaries.  There is no vegetation of significance contained within the site.

The surrounding area is generally characterised by residential land uses with existing single storey dwelling being typical of the prevailing built form and some double storey built form to the east of the site.  There are a number of multi-dwelling developments within the immediate vicinity to the south and west of the site.

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

·        Bus Route 555 – Northern Hospital to Northland Shopping Centre along High Street (250m west).

·        High Street Thomastown Shopping Strip (300m south west).

·        Main Street Reserve and Edgars Creek (350m east).

·        Lalor Woolworths (350m northwest).

·        Thomas Street Recreation Reserve (360m west).

·        Lalor Shopping Precinct (400m northwest).

·        Lalor Library (500m northwest).

·        Thomastown Train Station (600m south west).

restrictions and easements

The site is legally described as Lot 287 on Plan of Subdivision 013050.  Covenant 2715489 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.  A 3.05m wide drainage and sewerage easement exists along the southern property boundary.  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 is to be demolished.

Dwelling No. 1 will have street frontage to Westall Street and will contain an open plan kitchen/meals/living area, a master bedroom (walk-in-robe and ensuite), a powder room and laundry facilities at ground level.  At first floor level, the dwelling will contain three bedrooms, a study nook and a separate bathroom, the second bedroom will have an ensuite.

Dwelling Nos. 2 and No. 3 will be attached and located to the rear of Dwelling No. 1.

Dwelling No. 2 will contain an open plan kitchen/meals/living area, a powder room and laundry facilities at ground level.  At first floor level, the dwelling will contain two bedrooms, an open retreat and a separate bathroom.

Dwelling No. 3 will contain an open plan kitchen/meals/living area, a bedroom, a powder room and laundry facilities at ground level.  At first floor level, the dwelling will contain two bedrooms (master with ensuite and walk-in-robe) and a separate bathroom.

All three dwellings will be provided with an attached single space garage/carport, private open space and secure external storage accessible from their respective living areas. Dwelling Nos. 1 and 3 will both also provide an extra private car space in tandem configuration in front of the garage.


 

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

 

Height/Scale

Number of Bedrooms

Setbacks

Private Open Space

Car Parking

Maximum Height

Dwelling No. 1

Double storey

4

7.4m front (north), 3.5m side (east) and 0m side (west).

67m2 (including 25m2 secluded private open space).

Single garage (6.0m x 3.6m) plus an open car space in tandem.

6.9m (overall)

Dwelling No. 2

Double storey

2

4.1m side (east) and

3.9m side (west),

 

40m2 (all secluded private open space).

Single garage (6.0m x 3.5m).

6.9m (overall)

Dwelling No. 3

Double storey

3

3.5m side (east),

1.2m side (west) and

3.28m rear (south).

57m2 (all secluded private open space).

Single open carport (6.0m x 3.5m).

6.9m (overall)

Public Notification

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

1.       Height and bulk/overdevelopment of the site.

2.       Overlooking/overshadowing.

3.       Inappropriate side setbacks.

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

ü

ü

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

The proposed dwellings are considered to be of a scale and form that respects and will integrate well with the existing housing stock.

B2

Residential Policy

ü

ü

The proposal is consistent with State and Local Planning Policy Frameworks in that it provides for moderate housing growth and diversity to the existing housing stock within a location offering good access to services and transport.

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 allow activation of the street while also allowing for sufficient landscaping. Site coverage objectives seek to facilitate a balance between increased densities and landscape opportunities. Provision of attractive landscaping to complement medium density built form is encouraged.

The proposed development is generally consistent with the preferred density and key design principles outlined in the HDS. The indicative landscape areas shown on the plans submitted allow sufficient private open space to accommodate a small to medium canopy tree within the rear setback for each dwelling which will soften the impact of the proposed built form.  The generous front setback can also accommodate a large canopy tree or a number of medium canopy trees to replace the existing tree on site and further enhance the streetscape.

B3

Dwelling Diversity

N/A

N/A

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

B4

Infrastructure

ü

ü

 

B5

Integration with the street

ü

ü

 

B6

Street setback

ü

ü

 

B7

Building height

ü

ü

 

B8

Site coverage

ü

ü

 

B9

Permeability

ü

ü

 

B10

Energy efficiency

ü

ü

 

B11

Open space

N/A

N/A

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

B12

Safety

ü

ü

 

B13

Landscaping

ü

×

The indicative landscape areas shown on the plans submitted allow sufficient private open space to accommodate a small to medium canopy tree within the rear setback for each dwelling which will soften the impact of the proposed built form. A detailed landscape plan has not been provided with the application. To ensure the proposal is acceptable a condition will be added to the final permit issued.

B14

Access

ü

ü

 

B15

Parking location

ü

ü

 

B17

Side and rear setbacks

ü

ü

 

B18

Walls on boundaries

ü

ü

 

B19

Daylight to existing windows

ü

ü

 

B20

North-facing windows

ü

ü

 

B21

Overshadowing open space

ü

ü

 

B22

Overlooking

ü

ü

 

B23

Internal views

ü

ü

 

B24

Noise impacts

ü

ü

 

B25

Accessibility

ü

ü

 

B26

Dwelling entry

ü

ü

 

B27

Daylight to new windows

ü

ü

 

B28

Private open space

ü

ü

 

B29

Solar access to open space

ü

×

The standard requires the southern boundary of secluded private open space to be set back from any wall on the north of the space at least (2 + 0.9h) metres, where ‘h’ is the height of the wall.

Dwelling No. 1 fails to meet this standard.  Notwithstanding, the deletion of bedroom 4 at first floor level will allow adequate solar access into the secluded private open space of the dwelling.  This requirement can be addressed via a condition on any permit that is issued 

B30

Storage

ü

ü

 

B31

Design detail

ü

ü

 

B32

Front fences

ü

×

It is proposed to demolish the existing front fence and construct a new 1.0m high brick fence with a setback of 1.5m from the front (north) property boundary.

Detailed elevations should be submitted at a scale of 1:100 showing proposed construction materials, external finishes and the height of each component of the fence as measured above natural ground level.  This requirement can be addressed via a condition on any permit that is issued.

B33

Common property

ü

ü

 

B34

Site services

ü

ü

 

CAR PARKING 

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

Dwelling No.

No. of bedrooms

Car spaces required

Car spaces provided

Complies

1

4

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.         Height and bulk/overdevelopment of the site

The proposed double storey nature of the dwellings will integrate well with the existing housing stock within the area and is similar to that provided on a number of medium density developments within proximity to the subject site.  The proposed setbacks from title boundaries at both ground level and first floor level comply with the standard requirements of Clause 55.  The proposed variation in external colours and materials to be used in the construction of the dwellings will minimise the effect of visual bulk.  Additionally, the proposal is consistent with the key design principles set out in Council’s HDS which encourages a range of low to medium building heights that support some housing diversity within the ‘Neighbourhood Interface’ change area

2.         Overlooking/overshadowing.

The use of ‘hi-lite’ windows and fixed obscure glazing to habitable room windows at first floor level will ensure that there will be no overlooking into neighbouring properties in accordance with the standard requirements of Clause 55.04-6 of the Whittlesea Planning Scheme.

The shadow diagrams submitted with the application show that the level of overshadowing into the secluded private open space of neighbouring properties will be minimal and in accordance with the standard requirements of 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. 716002 and issue a Notice of Decision to Grant a Permit for the construction of three dwellings at 21 Westall Street, Thomastown in accordance with the endorsed plans and subject to the following conditions:

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

2.       (a)     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 $600 as security deposit for the satisfactory completion and maintenance of the landscaping works hereby permitted.

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

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

          (a)     The deletion of bedroom 4 of Dwelling No. 1.

          (b)     Elevations of the proposed 1.0m high front fence, including proposed construction materials, external finishes and the height of each component of the fence as measured above natural ground level.

4.       Before 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 setbacks and private open space areas, including a schedule of all proposed trees, shrubs and ground covers.

(b)     Designation of areas throughout the site for garden beds, grass, paths, decks paved areas.

(c)     The identification of any vegetation to be retained including tree protection zones.

(d)     The provision of canopy trees (minimum two metres in height when planted) within the front setback and rear setback of each dwelling.

(e)     Paving, retaining walls, fence design details and other landscape works including areas of cut and fill.

(f)      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.       All requirements of the Construction Management Plan must be undertaken 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.       Prior to the occupation of the dwellings hereby approved, landscaping works shown on the endorsed plan must be completed and then maintained to the satisfaction of the Responsible Authority.

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

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, 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.     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.

16.     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.

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 shall 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 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.     In accordance with the Planning and Environment Act 1987 a permit for the development expires if:

(a)     the approved development does not start within 2 years of the date of this permit; or

(b)     the approved development is not completed within 4 years of the date of this permit. 

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

NOTES

Advanced Trees

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

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

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

Easements

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

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                    1/21 Westall Street, Thomastown

Dwelling 2                    2/21 Westall Street, Thomastown

Dwelling 3                    3/21 Westall Street, Thomastown

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

 

Council Resolution

Moved:                       Cr Desiato

Seconded:               Cr Butler

 

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

Carried

 


Ordinary Council Minutes                                                             Tuesday 28 February 2017

 

6.1.3    31 Settlement Road, Bundoora - Construction of six dwellings

File No:                                  715963

Attachments:                        1        Locality Maps

2        Development Plans   

Responsible Officer:           Director Planning & Major Projects

Author:                                  Senior Planner   

 

APPLICANT:                                  Planning and Design

COUNCIL POLICY:              Clause 21.09 - Housing

ZONING:                               Residential Growth (Schedule 1)

OVERLAY:                            Development Contributions Plan Overlay

REFERRAL:                          VicRoads

OBJECTIONS:                      Two

RECOMMENDATION:         That Council refuse the application

Report

EXECUTIVE Summary

The applicant proposes to demolish the existing dwelling and construct six double storey dwellings on the subject land, as well as seeking a reduction in the standard parking requirements of one (1) visitor space.

Advertising of the proposal resulted in two objections being received.  The grounds of objection relate to bulk, mass, overlooking, damage to property, noise, dust, overshadowing, neighbourhood character and impact on the amenity of the surrounding houses.

The zoning of the site indicates that it is suitable for development, however the proposal does not demonstrate a satisfactory level of compliance with the provisions of Clause 55 and 52.06 of the Whittlesea Planning Scheme.

The Housing Diversity Strategy (HDS) nominates the site as being within the Neighbourhood Renewal Change Area.  The proposal complies with the preferred density; however responds poorly to the design principles of this change area.

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 southern side of Settlement Road approximately 250m east of Plenty Road, Bundoora (see Attachment 1).  The site is rectangular in shape and provides a frontage to Settlement Road of 19.2m and a depth of approximately 38.0m, providing a total site area of 731m2.  The site is relatively flat and contains a detached single storey brick dwelling with a tiled hipped roof, a garage and a bungalow located to the rear of the dwelling.  Vehicular access to the site is provided via a single concrete crossing located at the eastern end of the frontage.  There is no vegetation of significance contained within the site.

The immediate surrounding locality is characterised by the Bundoora Neighbourhood Activity Centre, an ageing residential housing stock and pockets of medium density residential development present.  The character of the area is made up of older single and double storey dwellings typically from the 1960s onwards, with examples of newer infill development dispersed throughout. 

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

·        Bundoora Activity Centre (including shopping centre, with Coles, Woolworths and various specialty shops (160m north-east).

·        Yulong Park (300m east).

·        St Damian’s Primary School (50m east)

·        Northpark Private Hospital (900m northeast).

·        Bus Route 902 - SMARTBUS Service Chelsea to Airport West (along Settlement Road).

·        Principal Public Transport Network including tram and bus access along Plenty Road within approximately 250m (Bus Route 955 - Night Bus – City – Brunswick – Ivanhoe – Bundoora – Mill Park – South Morang – Mernda; Bus Route 566 – Epping Plaza Shopping Centre – Northland Shopping Centre via Keon Park; and Bus Route 382 – Whittlesea – Northland Shopping Centre via South Morang Station and Tram Routes).

restrictions and easements

The site is legally described as Lot 94 on Plan of Subdivision 025185.  The Certificate of Title for the property shows that the site is not affected by any restrictive covenants, easements or Section 173 Agreements.

Proposal

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

The dwellings will be attached side-by-side along a north-south orientation for the length of the site.  The dwellings will each comprise a similar floor plan with a varied configuration.  At ground level, the dwellings will contain a single bedroom, separate toilet and garage.  At first floor level, the dwellings will contain a second bedroom, open plan kitchen/meals/living space and separate bathroom. All six dwellings will be provided with a private balcony and secure external storage accessible from their respective living areas.

All dwellings, save for dwelling 1, will have pedestrian access to entries along the western boundary and vehicle access to the rear of the dwellings via a common accessway along the eastern boundary.  No ground level private open space is provided with the exception of a front yard to 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

Two

6m (north)

5.5m ground / 3m first floor (east)

2.3m (west)

81.6m2 total including front yard and 9.5m2 balcony

Single garage

(6m x 3.7m)

7.4m (overall)

Dwelling No. 2

Double storey

Two

2.3m (west)

5.5m ground / 3m first floor (east)

9.9m2 balcony

Single garage

(6m x 3.6m) 

7.6m

(overall)

Dwelling No. 3

Double storey

Two

2.3m (west)

5.5m ground / 2.3m first floor (east)

9.6 m2

Single garage

(6m x 3.6m) 

7.6m

(overall)

Dwelling No. 4

Double Storey

Two

2.3m (west)

5.5m ground / 2.3m first floor (east)

9.6 m2

Single garage

(6m x 3.6m) 

7.5m

(overall)

Dwelling No. 5

Double Storey

Two

2.3m (west)

5.5m ground / 2.3m first floor (east)

9.6 m2

Single garage

(6m x 3.6m) 

7.6m

(overall)

Dwelling No. 6

Double Storey

Two

1.2m (south)

2.3m (west)

5.5m ground / 3m first floor (east)

24.4m2 total area including 9.4m2 balcony

Single garage (6m x 3.7m)

7.6m

(overall)

Public Notification

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

1.       Height and bulk of the development is inappropriate

2.       Overlooking into neighbouring properties

3.       Overdevelopment of the site and inappropriate design response

4.       Dust and noise associated with construction

5.       Impact on foundations and stability of adjoining properties

6.       Loss of sunlight and overshadowing

7.       Concern regarding car parking waiver.

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

The site is within a Neighbourhood Renewal Change Area within the HDS and the housing capacity assessment process undertaken as part of the preparation of the HDS supports this area for medium and high density housing because of its close proximity to the Bundoora Activity Centre and public transport.

 

Although acknowledged that this site is suitable for increased densities based on both zoning and local policy, developments must also be functional, respond to the existing and preferred neighbourhood character and provide appropriate amenity.

 

The existing character is largely defined by an ageing dwelling stock that is already seeing change through newer infill developments typically ranging between 2 and up to 3 or 4 storeys in some instances.  This change brings with it an emerging new character resulting in a variety of built forms and materials used, which is not uncommon with the existing predominantly 1960s single and double storey forms.  The proposed development generally responds to the emerging character through a contemporary design with skillion rooves and varying materials.

 

There are existing canopy trees both in the public and private realm that form part of the character with limited provision available on the site, save for the front yard. 

 

Although providing a balanced approach between increased densities and neighbourhood character, there are concerns with the extent of development including, the layout, the location of entrances, the amount of hard paving, lack of permeable surface and landscaping opportunities that all contribute to the existing and preferred character of the area.

B2

Residential Policy

x

x

The proposed development has some support at both the State and Local Policy level for increased densities located within proximity of public transport and other services.  This however must also not be at the expense of a development that does not address amenity of both on and off site properties, appropriate design, neighbourhood character or other objectives of Clause 55. 

 

The HDS encourages medium and higher density housing that is appropriate in a neighbourhood context such as townhouses, multi-units, small scale apartments, shop-top housing, and mixed use developments.

It encourages medium-higher site coverage to facilitate a balance between increased densities and landscape opportunities.

The proposed development is generally consistent with the preferred density as outlined in the HDS.  However, the design allows for limited landscape areas and will result in insufficient private open space area for attached townhouse development.  The dwellings will have little to no integration with street creating poor visibility and safety concerns in relation to both the entrances and vehicles access.

B3

Dwelling Diversity

N/A

N/A

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

B4

Infrastructure

ü

ü

 

B5

Integration with the street

x

x

The proposed dwellings do not integrate well with Settlement Road.  Only dwelling 1 will have a frontage and address Settlement Road, whereas dwellings 2-5 have all been designed to front the western side boundary, achieving setbacks of only 2.3m with a 1m wide path and each door is screened from the next through architectural pillars.  The development has a poor sense of address, is confusing for visitors to the site given the wide driveway on the other side of the building away from the entrance and no visitor parking.  The proposal has not demonstrated an appropriate design response in this regard and fails to meet this objective and standard..

B6

Street setback

ü

x

A front setback of 9m is required by the standard and a setback of approximately 6m is proposed.  A variation would be necessary to this standard should the application be supported and a setback of approximately 6m would be appropriate and generally consistent with newer infill development and the preferred emerging character. 

B7

Building height

ü

ü

 

B8

Site coverage

ü

ü

Site coverage is proposed at approximately 50%.

B9

Permeability

x

x

The proposal indicates that 21% permeability is being achieved for the development which would only just satisfy the standard, however it is noted that there is a reliance on permeable paving to achieve this standard which indicates a poor design response and brings into question the level of permeability of the paving and whether the standard is actually being met.

The lack of permeability proposed is also symptomatic of the lack of private open space that could be planted with vegetation to help integrate the proposed development into the surrounding area.

B10

Energy efficiency

x

x

The orientation of the site comprises the built form outcomes proposed in the application as the east-west design of the dwellings limits the capacity for the development to provide passive solar outcomes for the first floor lining spaces. This design will result in significant cooling through air conditioning in the summer months and is considered to be a poor outcome from an energy efficiency perspective.

Screening to balconies has attempted to assist providing some shade to these areas, however almost completely encloses them reducing internal amenity.

B11

Open space

N/A

N/A

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

B12

Safety

x

x

Dwelling entrances are hidden and obscured from Settlement Road and also along the walkway due to architectural pillars, whilst no passive surveillance will be achieved along either side through a lack of windows to the driveway, overhanging upper level and screened balconies to the western side.

B13

Landscaping

x

x

The proposal includes minimal areas that could be landscaped with appropriate vegetation other than the frontage setback. This area would however also include a large expanse of hard surfaces including the proposed driveway, concrete path and other concreted/paved areas.

The surrounding area generally displays well landscaped front yards, with many properties having canopy trees and other above-ground vegetation that portray a landscape theme in the surrounding area that often softens existing development. Many properties have low or no front fencing with large or medium canopy plantings which the proposed development has failed to respect.

The areas that are proposed are considered to be too small and of inadequate dimensions so as to accommodate meaningful landscaping that would offer filtered views of the proposed development. The proposed inadequate landscaping areas would also result in a landscape theme that does not help the proposal integrate with the character of the surrounding area.

The lack of planting opportunities is further diminished by the proposed site coverage and high level of impermeable surfaces as well as ground level open space.

There is a distinct lack of space available to plant contributory vegetation and the side setbacks proposed would be largely occupied by other built form elements i.e. driveways, footpaths and cantilevered buildings and balconies.

B14

Access

ü

ü

 

B15

Parking location

ü

ü

Refer to response below under Clause 52.06.

B17

Side and rear setbacks

ü

ü

 

B18

Walls on boundaries

ü

ü

 

B19

Daylight to existing windows

ü

ü

 

B20

North-facing windows

ü

ü

 

B21

Overshadowing open space

ü

ü

 

B22

Overlooking

ü

ü

 

B23

Internal views

ü

ü

 

B24

Noise impacts

ü

ü

 

B25

Accessibility

x

x

Consideration has not been given to people with limited mobility in the design of the overall development. The configuration of the dwellings provides for a design that has a garage and one bedroom on the ground floor and living area on the first floor. Whilst the dwelling entry of the ground floor would be accessible to people with limited mobility the living areas within the dwelling would be inaccessible.

B26

Dwelling entry

x

x

The proposed entrances to the dwellings 2, 3, 4, 5 and 6 are not particularly well defined.

They are located on the side of the building and situated more towards the boundary of the site than the front, resulting in poor visibility and definition of the main pedestrian access point from the street. The pedestrian access point to the building is merely a walkway on the side boundary with no other design detail features that would assist in it being identified as the entry point to the dwellings. Furthermore, the proposed garage accessway could be confused as leading to the front door, given the actual main pathways to the door entries are far less obvious and visible. This is not considered to be an appropriate outcome.

B27

Daylight to new windows

x

x

The west facing balconies (Dwelling Nos. 2, 3, 4, 5 and 6) are not supported as the primary light source for the upper storey living areas. The screening which is proposed on the to the balconies will result in almost completely internalising dwellings. This screening will provide limited to no visual connection to the outside and will compromise any required level of amenity for the upper level living spaces.

The proposed design will result in minimal natural light to all internal areas of the dwellings Nos. 2, 3, 4, 5 and 6 which is considered to be inappropriate and will result in poor amenity outcomes for future residents.

B28

Private open space

x

ü

All dwellings are provided with a balcony and no ground level open space.  As these are in a townhouse layout, it is reasonable to expect that one or more may provide some ground level open space consistency with the character of the area, rather than all containing reverse living similar to an apartment development.

The site is not located in an activity centre or in a more dense area where a lesser amount of ground level private open space might be appropriate. It is noted that the site is located in close proximity to the Bundoora Activity Centre but this area is designated to provide for dwelling densities that will appropriately respond to the subject site and surrounding neighbourhood. A location within an activity centre might provide such a platform and justification, however, that is not the case with the subject site that is located in a residential area.

It is therefore considered that the lack of ground level open space is inconsistent with the character of the surrounding area and contributes to the sense of overdevelopment of the site.

B29

Solar access to open space

x

ü

Shadow diagrams provided do not accurately illustrate the shading that will occur within the property. It is considered that the first floor balconies will be in shade during the morning and with the screening provided to obscure view will result in significant shade in afternoons.

This will not allow a sufficient amount of solar access into the secluded private open space of new dwellings.

B30

Storage

x

x

Confirmation would be needed that 6m3 of space could be achieved under the stairs of dwellings 1,3,4 &5, whilst it is unclear where storage for dwelling 2 and 6 is proposed as it is shown over the top of the laundry under the stairs.  In its current form, the proposal does not meet this standard or objective and may have difficulty in meeting it under the current design.

B31

Design detail

ü

ü

 

B32

Front fences

ü

ü

 

B33

Common property

x

ü

 

B34

Site services

x

x

A private waste collection would be required and no provision has been made for turning of collection vehicles on site, meaning reversing would occur onto a road in a Road Zone Category 1.  Alternatively, collection would be from Settlement road that would see some 12 bins placed over a 6m area that may not be appropriate in terms of spaces or holding up traffic.

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

Yes

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

Visitor

Per 5 dwellings

1

0

No

 

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).  The proposal complies with these requirements.

As part of the planning application a car parking waiver has been sought for one (1) visitor carpark in accordance with the provisions of Clause 52.06. The car parking waiver has been considered by Council’s Traffic Engineer who believe the waiver is inappropriate in this instance because a clear-way exists fronting the subject site and this would restrict on-street availability for visitors to the site. In this instance the proposed development is considered non-compliant with the provisions of this clause.

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.

land adjacent to a road zone, category 1 or a public acquisition overlay for a category 1 road

The purpose of this particular provision is to ensure appropriate access to identified roads. In determining an application that is adjacent to a road zone category 1 the decision guidelines state that the following must be considered;

·    The views of the relevant road authority.

·    The effect of the proposal on the operation of the road and on public safety.

·    Any policy made by the relevant road authority pursuant to Schedule 2, Clause 3 of the Road Management Act 2004 regarding access between a controlled access road and adjacent land.

 

This application was referred to VicRoads who have consented to the application subject to conditions.

Comments on Grounds of Objection

1.         Height and bulk of the development is inappropriate

The height, mass and bulk proposed is considered to be generally appropriate for the area.

 

2.         Overlooking, Overshadowing and loss of sunlight into neighbouring properties.

Through the use of ‘hi-lite’ 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 the relevant standards and objectives of Clause 55 of the Whittlesea Planning Scheme. 

 

3.         Overdevelopment of the site and inappropriate design response

The development fails to provide appropriate on and off site amenity, integration with street, opportunities for landscaping and permeable surface to name, indicating that the development is an overdevelopment of the site based on the current layout and design and is an inappropriate design response for the site.

 

4.         Dust and Noise associated with construction

 

This is a short term issues that could be partly addressed through a construction management plan, however is also controlled through various other legislation and processes.

 

5.         Impact on foundations and stability of adjoining properties

 

It is unlikely that construction works with little excavation would affect the foundations of adjoining dwellings based on the setbacks, however this is a matter dealt with under Building legislation through protection notices and not within the planning system.

 

6.         Car parking waiver is inappropriate

This concern is equally shared by officers and it is considered inappropriate to waive the visitor space required by Clause 52.06.

 

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. 

While the application meets the intent of the Residential Growth Zone and has support at both the State and Local policy levels, including Council’s HDS, the application has failed to provide a functional development that responds to the site and area.  The development fails to achieve compliance with a number of objectives of Clause 55 of the Whittlesea Planning Scheme, resulting in an overdevelopment of the site.  For the reasons outlined within the assessment, it is recommended that Council refuse the application.

 

 

Recommendation

THAT Council resolve to Refuse Planning Application No. 715963 and issue a Refusal to Grant a Planning Permit for the construction of six dwellings, a reduction of car parking requirements and alteration of access to a road in a Road Zone Category 1, at 31 Settlement Road Bundoora, 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 urban design, neighbourhood character and the context in which the site sits.

2.       The proposal does not comply with clause 21.09-4 in that it does not achieve an appropriate design response for medium and higher density housing in Neighbourhood Renewal Change Areas that is appropriate in its neighbourhood context.

3.       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.

4.       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.

5.       The proposal does not comply with Clause 55.02-5 (Standard B5) due to the poor integration with the street.

6.       The proposal does not comply with Clause 55.03-4 (Standard B9) due to the inadequate permeability being provided on site.

7.       The proposal does not comply with Clause 55.03-5 (Standard B10) due to the poor energy efficiency design response.

8.       The proposal does not comply with Clause 55.03-7 (Standard B12) due to the poor response provided to safety.

 

9.       The proposal does not comply with Clause 55.03-8 (Standard B13) due to the poor response to landscaping opportunities on site.

10.     The proposal does not comply with Clause 55.05-1 (Standard B25) due to the poor response to accessibility being provided.

11.     The proposal does not comply with Clause 55.05-2 (Standard B26) due to the poor response to dwelling entries being provided.

12.     The proposal does not comply with Clause 55.05-3 (Standard B27) due to the poor response daylight to windows of the living areas of the new dwellings.

13.     The proposal does not comply with Clause 55.05-4 (Standard B28) due to the poor response to private open space being provided.

14.     The proposal does not comply with Clause 55.05-5 (Standard B29) due to the poor solar access to the balconies.

15.     The proposal does not comply with Clause 55.05-6 (Standard B30) due to the inadequate provision of storage for each dwelling.

16.     The proposal does not comply with Clause 55.06-4 (Standard B34) due to the inadequate waste management proposed.

17.     The proposal does not comply with the requirements of Clause 52.06 in that a visitor car park is not provided onsite and a car parking waiver is deemed inappropriate.

Council Resolution

Moved:                       Cr Desiato

Seconded:               Cr Butler

 

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

Carried

 


Ordinary Council Minutes                                                             Tuesday 28 February 2017

 

6.1.4    96 CURTIN AVENUE, LALOR - CONSTRUCTION OF A DWELLING TO THE REAR OF an EXISTING DWELLING

File No:                                  716135

Attachments:                        1        Locality Maps

2        Development Plans   

Responsible Officer:           Director Planning & Major Projects

Author:                                  Planning Officer   

 

APPLICANT:                                  Mr A Vivarini

COUNCIL POLICY:              Housing Diversity Strategy

ZONING:                               Neighbourhood Residential Zone

OVERLAY:                            Development Contributions Plan Overlay

REFERRAL:                          Nil

OBJECTIONS:                      One

RECOMMENDATION:         That Council approve the application.

Report

EXECUTIVE Summary

The applicant proposes to construct a single storey dwelling to the rear of the existing single storey dwelling on the subject land. 

Advertising of the proposal resulted in one objection.  The grounds of objection relate to overdevelopment of the site, increase in traffic, lack of on street car parking and a lack of recreational facilities in proximity to the site.

The proposal demonstrates a satisfactory level of compliance with the provisions of Clause 55 of the Whittlesea Planning Scheme.  While the objectives of Clause 55 have been met, some changes are required as conditions of permit to achieve compliance with relevant standards.

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

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

SITE AND SURROUNDING AREA

The subject site is a residential property located on the northeast corner of Curtin Avenue and Derna Crescent, approximately 350m west of Dalton Road, Lalor (see Attachment 1).  The site is a regular shaped allotment and provides a frontage to Curtin Avenue of 15.8m and a depth of approximately 42.7m, providing a total site area of 675m2.  The site is relatively flat and contains a single storey brick dwelling with a tiled hipped roof and outbuildings  at the rear of the site.  Vehicular access to the site is provided via a double crossing common to the subject site and the adjoining property to the east along Curtin Avenue.  There is no vegetation of significance within the site.

The surrounding area is generally characterised by residential land uses with the existing single storey brick dwelling being typical of the prevailing built form.  Double storey dwellings are also present within the immediate surrounds.  Examples of medium density developments in proximity to the subject land are located along Curtin Avenue, Edmondson Street, Cherry Court and Hamilton Court.  The adjoining property to the east of the subject site comprises a single storey brick dwelling and the abutting property to the north is occupied by Lalor North Primary School.

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

·        Lalor North Primary School (immediately to the north).

·        Bus Route 559 – Thomastown Railway Station to Lalor Railway Station via Curtin Avenue (230m southwest).

·        Partridge Recreation Reserve & Sports Pavilion (320m northwest).

·        Bus Route 556 – Epping Plaza Shopping Centre to Northland Shopping Centre via Dalton Road (350m southeast).

·        Lalor Recreation Reserve – Bowling Club and Football Pavilion (370m west).

·        Lalor North Secondary College (560m northeast).

·        Rochdale Shopping Centre (620m southwest).

restrictions and easements

The Certificate of Title for the property shows that the site is not affected by any restrictive covenants or Section 173 Agreements.  The site is however encumbered by a 3.05m wide drainage and sewerage easement along the northern property boundary.

Proposal

It is proposed to construct a single storey dwelling to the rear of the existing single storey dwelling (see Attachment 2).

Dwelling No. 1 (existing) has street frontage to Curtin Avenue and contains four bedrooms, a living area, a kitchen/meals area, a bathroom and laundry.  Dwelling No. 1 will be provided with a single space carport and tandem open car space accessible via the existing vehicle crossing on Curtin Avenue.

Dwelling No. 2 (proposed) will contain one bedroom with an ensuite, an open plan kitchen/meals/living area, a study, a powder room and laundry.  The existing garage on site will be converted into a combined single space garage and storage area/ workshop for Dwelling No. 1 and will be accessible via a newly constructed vehicle crossing along the west property boundary (Derna Crescent).

Each dwelling has been provided with private open space and external storage accessible from their respective living areas.

In terms of design, the proposed dwelling will be constructed in a modest contemporary style with brick external walls, a 20 degree pitched Colorbond roof and aluminium windows and doors.  The proposed carport for Dwelling No. 1 is to be constructed in treated pine and corrugated iron sheeting.  A printed sample/schedule of proposed colours has not been provided with the application.

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

 

Height/Scale

Number of Bedrooms

Setbacks

Private Open Space

Car Parking

Maximum Height

Dwelling No. 1

Single storey

4

8.0m front (south),

3.5m side (east),

1.2m side (west) and

18.0m rear (north).

134m2 (including 52m2 of secluded private open space).

Single space carport ( 6.0m x 3.5m) plus an open car space in tandem

4.6m (overall)

Dwelling No. 2

Single storey

1

3.0m front (west),

3.2m side (north),

30.5m side (south) and 1.0m rear (east).

76m2 (including 52m2 of secluded private open space).

Single space within existing garage (5.6m x 4.65m).

4.3m (overall)

Public Notification

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

1.       Overdevelopment of the site.

2.       Increased traffic/car parking.

3.       Lack of recreational facilities in proximity to the site.

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 WPS and an assessment against it is provided under Standard B2 of the Clause 55 assessment.

ASSESSMENT AGAINST CLAUSE 55 OF THE WHITTLESEA PLANNING SCHEME

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

·    Must meet all of the objectives

·    Should meet all of the standards

 

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


 

 

 

ü - Compliance
× -  Non compliance

Objectives

Standards

Comments

B1

Neighbourhood Character

ü

ü

Development within the area generally comprises single storey dwellings from the 1960s in ‘Cream brick’ style.  Large double storey brick dwellings are also present however this type of development is minimal within the immediate surrounds.  The existing housing stock comprises generous front and rear setbacks with garages and sheds generally to the rear of dwellings.  Carports, where present, are of a ‘verandah’ style and either attached or semi-attached to dwellings and located within front setbacks.  Front gardens typically contain low level vegetation of an exotic variety.  Front fences are common and constructed in brick, wrought iron or timber materials.  The surrounding area also comprises recently constructed medium density development constructed in a contemporary style incorporating both brick and render elements.

The proposed dwelling is considered to be of a scale and form that is consistent with the prevailing single storey housing stock within the immediate area.

B2

Residential Policy

ü

ü

The proposal is consistent with State and Local Planning Policy Frameworks in that it provides for moderate housing growth and diversity to the existing housing stock within a location offering good access to services and transport.

The subject site is located within the Suburban Residential Change Area within the HDS.  This Change Area encourages standard density housing consisting of single dwellings or dual occupancies/duplexes with low building heights to reflect the existing suburban scale and character.  Front setbacks are encouraged to allow for significant landscaping and large canopy trees to create a sense of openness to the street.  Site coverage objectives seek to facilitate increased side and rear setbacks to provide for building separation and an increased area of private open space to allow for significant landscaping including an extra-large canopy tree in the rear setback.

The proposed development is generally consistent with the preferred density and key design principles outlined in the HDS.  The proposal will result in a low level building height that is consistent with the prevailing single storey built form within the immediate surrounds.  The proposed setbacks from title boundaries and the common boundary between the proposed and existing dwelling provides for building separation, increased private open space areas and generous landscaping throughout the development (including canopy trees).

B3

Dwelling Diversity

N/A

N/A

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

B4

Infrastructure

ü

ü

 

B5

Integration with the street

ü

ü

 

B6

Street setback

ü

ü

 

B7

Building height

ü

ü

 

B8

Site coverage

ü

ü

 

B9

Permeability

ü

ü

 

B10

Energy efficiency

ü

ü

 

B11

Open space

N/A

N/A

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

B12

Safety

ü

ü

 

B13

Landscaping

ü

×

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

B14

Access

ü

ü

 

B15

Parking location

ü

ü

 

B17

Side and rear setbacks

ü

ü

 

B18

Walls on boundaries

ü

ü

 

B19

Daylight to existing windows

ü

ü

 

B20

North-facing windows

ü

ü

 

B21

Overshadowing open space

ü

ü

 

B22

Overlooking

ü

ü

 

B23

Internal views

ü

ü

 

B24

Noise impacts

ü

ü

 

B25

Accessibility

ü

ü

 

B26

Dwelling entry

ü

×

The front entry of Dwelling No. 2 should be provided with a portico so that this area is easily identifiable from the street and to provide shelter, a sense of personal address and a transitional space around the entry in accordance with the standard requirements.  This can be dealt with by a condition on any permit that is issued.

B27

Daylight to new windows

ü

ü

 

B28

Private open space

ü

ü

 

B29

Solar access to open space

ü

ü

 

B30

Storage

ü

×

Dwelling No. 1 has not been provided with 6m3 of external secure storage as required by the standard.  The design response shows that there is sufficient private open space to accommodate this requirement and it is therefore considered that this can be dealt with by a condition on any permit that is issued.

Additionally, the external storage located within the existing easement for Dwelling No. 2 should be deleted as sufficient storage area is provided within the internal storage area/ workshop.

B31

Design detail

ü

×

The applicant has not provided a schedule/ printed samples of all external materials and colours to be used for the construction of the proposed dwelling and the proposed carport for Dwelling No. 1.  It is considered that this can be addressed via a condition on any permit that is issued.

B32

Front fences

ü

ü

 

B33

Common property

ü

ü

 

B34

Site services

ü

×

Mailboxes, clotheslines and bin storage areas have not been provided on the plans in accordance with the standard requirements however it is considered this can be addressed via condition on any 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:

Dwelling No.

No. of bedrooms

Car spaces required

Car spaces provided

Complies

1

4

2

2

Yes

2

1

1

1

Yes

 

Garages should be at least 6.0m long and 3.5m wide for a single space and 5.5m wide for a double space (measured inside the garage or carport).  An open car space should be at least 4.9m long and 2.6m wide.  Additionally, Clause 52.06-8 of the Scheme provides a responsible authority, discretion on any variation to these design standards.  The garage for Dwelling No. 2 does not quite meet the required 6.0m in length, however it is considered that the proposed length of 5.6m for this car space is acceptable given the standard requirements for an open car space abutting a wall requires a length of 5.4m.  The elevations submitted do not accurately depict the proposed roller door and will need to be revised accordingly.  This can be addressed via a condition on any permit that is issued.

Pursuant to Clause 52.06-8 of the Scheme, access ways must have a corner splay or area at least 50% clear of visual obstructions extending at least 2.0m along the frontage road from the edge of an exit lane and 2.5m along the exit lane from the frontage, to provide a clear view of pedestrians on the footpath of the frontage road. The area clear of visual obstructions may include adjacent entry or exit lane where more than one lane is provided, or adjacent landscaped areas, provided the landscaping in those areas is less than 900mm in height. A revised plan must be submitted showing a visibility splay on either side of the access ways. This requirement can be addressed via a condition on any permit that is issued.

DEVELOPMENT CONTRIBUTIONS PLAN OVERLAY (SCHEDULE 3)

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

Comments on Grounds of Objection

1.       Overdevelopment of the site.

 

The proposed single storey nature of Dwelling No. 2 is consistent with the existing housing stock within the area.  The proposed setbacks from title boundaries comply with the standard requirements of Clause 55 and the proposal is also consistent with the key design principles set out in Council’s HDS which encourages a range of low building heights that reflect the existing suburban scale and character with increased area of private open space to allow for significant landscaping within front and rear setbacks within the ‘Suburban Residential’ change area.


 

2.       Increased traffic/car parking.

 

The proposed development is not expected to generate a significant increase in the number of vehicles along Curtin Avenue or Derna Crescent and therefore will not cause an adverse impact on the volume of traffic within the surrounding road network.  Based on the RTA Guide to Traffic Generating Developments (RTA 2002), a single dwelling generates 9.0 daily vehicle trips.  Therefore two dwellings would be expected to generate 18 vehicle trips per day.  The existing road network can accommodate this increase in vehicle movement. 

 

The proposed crossing for Dwelling No. 2 will result in the loss of one on-street car parking space.  The loss of this car space can be absorbed within the surrounding road network.  A site visit by planning officers revealed that there is no lack of on-street car parking along Curtin Avenue and given the existing restricted traffic conditions along the east side of Derna Crescent, the proposed development will not impact on school traffic associated with the existing school abutting the subject site.

 

3.       Lack of recreational facilities in proximity to the site.

 

The subject site is located within proximity to a number of recreational reserves and sporting facilities.  The Partridge Recreation Reserve and sports pavilion is located 320m to the northwest and Lalor Recreation Reserve which includes a bowling club and football pavilion is within 370m to the west of the subject site.

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. 716135 and issue a Notice of Decision to Grant a Permit for the construction of a dwelling to the rear of the existing dwelling at 96 Curtin Avenue, Lalor in accordance with the endorsed plans and subject to the following conditions:

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

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

(a)     Visibility splays in accordance with Clause 52.06-8 of the Scheme.

(b)    Dimensions of the open car space for Dwelling No. 1 in accordance with design standards in Clause 52.06-8 of the Scheme.

(c)     The provision of a roller door on the west elevation for Dwelling No. 2.

(d)     A printed sample/schedule of all external colours and materials to be used in the construction of Dwelling No. 2 and the carport for Dwelling No. 1.

(e)     A portico to the entry of Dwelling No. 2.

(f)      A minimum of 6m3 of external secure storage for Dwelling No. 1.

(g)     The deletion of the external storage for Dwelling No. 2.

(h)     Mailboxes and clotheslines and bin storage areas for each dwelling.

3.       Before 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 setbacks and private open space areas, including a schedule of all proposed trees, shrubs and ground covers.

(b)     Designation of areas throughout the site for garden beds, grass, paths, decks paved areas.

(c)     The identification of any vegetation to be retained including tree protection zones.

(d)     The provision of canopy trees (minimum two metres in height when planted) within the front setback and rear setback of each dwelling.

(e)     Paving, retaining walls, fence design details and other landscape works including areas of cut and fill.

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

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

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

6.       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.

7.       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.

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

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

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

11.     Prior to 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.

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

13.     Prior to the 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.

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

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

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

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

18.     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.

 

19.     This permit will expire if:

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

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

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

 

NOTES

Advanced Trees

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

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

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

Easements

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

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:

Existing Dwelling (1)                     96 Curtin Avenue, Lalor

Proposed Dwelling (2)                  2A Derna Crescent, Lalor

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

 

Council Resolution

Moved:                       Cr Desiato

Seconded:               Cr Butler

 

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

Carried

 


Ordinary Council Minutes                                                             Tuesday 28 February 2017

 

6.1.5    12 Clancy Way, Doreen - Construction of two dwellings

File No:                                  716120

Attachments:                        1        Locality Maps

2        Development Plans   

Responsible Officer:           Director Planning & Major Projects

Author:                                  Senior Planner   

 

APPLICANT:                                  Planning and Design

COUNCIL POLICY:              N/A

ZONING:                               General Residential Zone

OVERLAY:                            Development Plan (Schedule 5)

Incorporated Plan (Schedule 1)

REFERRAL:                          Nil

OBJECTIONS:                      Nil

RECOMMENDATION:         That Council refuse the application

Report

EXECUTIVE Summary

The applicant proposes to construct two double storey dwellings on the proposed site to be known as 12 Clancy Way (Lot 111) Doreen, which is located within the recently developed Bridge Inn Rise estate. 

It is considered that the proposal does not generally accord with the Development Plan for the area of Cookes Road.  The Development Plan identifies specific areas for development at different densities. The subject land is located in an area described as standard density (lot size 450 – 700m2) and currently meets this requirement with an overall area of 510m2. The proposed development would represent a density of 1 dwelling per 255m2 which is twice the density prescribed by the development plan.  Because the proposal does not accord with an approved  development plan, the application was not advertised.

Given the proposals non-compliance with the provisions set out in the Incorporated Plan Overlay (IPO), Development Plan (DP) and some objectives of Clause 55 of the Whittlesea Planning Scheme, it is recommended that Council refuse the application.

SITE AND SURROUNDING AREA

The subject site is a residential property located on the southern side of Clancy Way, Doreen (see Attachment 1).  Titles have not yet issued for the site, however it is proposed to be rectangular in shape and provides a frontage to both Clancy Way (approximately 13m) and Hessel Avenue of 29m and a depth of approximately 16m, providing a total site area of 510m2.  The site has a fall from the north west to the south east of approximately 2m or 1 in 16 and there is no vegetation of significance contained within the site.

The surrounding area is generally characterised by residential land uses and development.  Land to the west has been developed with residential dwellings, whilst land to the east will form part of the current stage of subdivision and is therefore currently vacant. 

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

·        Bus Route 572 (1km north along Overland Drive), Bus Route 562 (1.5km west along Schotters Road).

·        Hazel Glen School (approximately 100m north)

·        Ivanhoe Grammar School – Plenty Campus (800m south west)

·        Bridge Inn Road (350 m south)

·        Laurimar Town Centre (1.6km directly north east)

restrictions and easements

The Certificate of Title for the property shows that the property shows that the site is affected by a Section 173 Agreement AL571472B which is in relation to works that were required to be undertaken onsite for the broader subdivision. The S173 Agreement does not preclude Council from making a decision with respect to the proposed development. 

There is also an easement located along the southern boundary which will not be impacted by the proposal.

Proposal

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

Dwelling No. 1 will have street frontage to Clancy Way and comprise an open plan kitchen/meals area, alfresco area, a separate toilet and laundry facilities at ground level.  At first floor level, the dwelling will contain three bedrooms (master with ensuite and walk-in-robe) and a separate bathroom.

Dwelling No. 2 will have street frontage to Hessel Avenue and comprise an open plan kitchen/meals area, alfresco area, a separate toilet and laundry facilities at ground level.  At first floor level, the dwelling will contain three bedrooms (master with ensuite and walk-in-robe) and a separate bathroom.

Both dwellings will be provided with an attached double space garage, private open space and secure external storage.

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

Three (3)

- 4m front (north);

- Garage will be built to the boundary on side (west) boundary;

- 3m side (east);

- Dwelling wall will be built abutting boundary for rear (southern) boundary.

57.68m2

Double garage 

Approx. 7.5m

Dwelling No. 2

Double storey

Three (3)

- 3m front (east);

- 3m side (south);

- 1.15m rear (west)

- 1.15m approx. (north) 

 

79.28m2

Double garage

Approx. 7.5m

Public Notification

No public notification was undertaken.  An application which is generally in accordance with the Development Plan is exempt from notice, however any permit issued must be in accordance with the Development Plan.

Section 52(1A) of the Planning and Environment Act 1987 outlines that if an application is being refused, notice of the application does not need to occur.

ASSESSMENT AGAINST CLAUSE 55 OF THE WHITTLESEA PLANNING SCHEME

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

·    Must meet all of the objectives

·    Should meet all of the standards

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

 

 

ü - Compliance
× -  Non compliance

Objectives

Standards

Comments

B1

Neighbourhood Character

x

x

The Development Plan for this area articulates the areas that should be developed for medium density and defines typically lot sizes. This site is not located within the designated areas for medium density development and will result in lot sizes smaller than what is envisaged by the Development Plan.  This is therefore inconsistent with the preferred character for this estate.

B2

Residential Policy

       x

x

The proposal does not provide an appropriate response to both the State and Local Planning Policy Frameworks through responding to Councils clear policy objectives for sites within the Mernda Incorporated Plan or the Cookes Road Development Plan.

B3

Dwelling Diversity

N/A

N/A

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

B4

Infrastructure

ü

ü

 

B5

Integration with the street

ü

ü

 

B6

Street setback

ü

ü

 

B7

Building height

ü

ü

 

B8

Site coverage

ü

ü

 

B9

Permeability

ü

ü

 

B10

Energy efficiency

ü

ü

 

B11

Open space

N/A

N/A

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

B12

Safety

ü

ü

 

B13

Landscaping

x

x

Although not complying through the absence of a detailed landscape plan, this could be addressed through a condition on any permit issued.

B14

Access

ü

ü

 

B15

Parking location

ü

ü

 

B17

Side and rear setbacks

ü

ü

 

B18

Walls on boundaries

ü

ü

 

B19

Daylight to existing windows

ü

ü

 

B20

North-facing windows

ü

ü

 

B21

Overshadowing open space

ü

ü

 

B22

Overlooking

ü

ü

 

B23

Internal views

ü

ü

 

B24

Noise impacts

ü

ü

 

B25

Accessibility

ü

ü

 

B26

Dwelling entry

ü

ü

 

B27

Daylight to new windows

ü

ü

 

B28

Private open space

ü

ü

 

B29

Solar access to open space

ü

ü

 

B30

Storage

ü

ü

 

B31

Design detail

ü

ü

 

B32

Front fences

ü

ü

 

B33

Common property

ü

ü

 

B34

Site services

ü

ü

 

CAR PARKING 

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

Dwelling No.

No. of bedrooms

Car spaces required

Car spaces provided

Complies

1

3

2

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.

Incorporated Plan Overlay Scheudle 1 – Mernda strategy plan

The purpose of the Incorporated Plan Overlay relevant to this application, is to identify areas which require the form and conditions of future use and development to be shown on an incorporated plan before a permit can be issued to be granted to use or develop the land.

Council’s Mernda Strategy Plan was approved in October 2004 and amended in January 2008. The plan provides guidance to the development of land in the Plenty Valley Growth Corridor and sets out an Incorporated Plan (broken into Precincts). The ‘Precinct Plan’ contained within the Mernda Strategy Plan is designed to be read and interpreted in conjunction with the Key Objectives and Strategic Actions.

development Plan overlay schedule 5 – approved 150 cookes road, doreen development plan

The site is affected by the approved development plan for ‘150 Cookes Road, Doreen’. Approved in 2012 the Development Plan sits as a guiding planning tool for the subject site and surrounding estate. The Cookes Road Development Plan’s layout was informed by the Mernda Strategy Plan, within which it is identified that the site be located within Precinct 2A in an area described as standard density (lot size 450 – 700m2). The subject site has an overall area of 527m2. The proposed development would represent a density of 1 dwelling per 263m2 which is twice the density prescribed by the development plan. There is an area within the Cookes Road Development Plan which outlines an area for medium density however, the subject site is not within this area. The application has not been able to demonstrate why the proposal is generally in accordance with the provisions set out in Development Plan (DP).

Comments on Grounds of Objection

This application was not advertised as noted above.

Declarations of Conflicts of Interest

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

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

Conclusion

The application has been assessed against the Whittlesea Planning Scheme and in particular the objectives and standards of Clause 55, Clause 52.06 and the State and Local Planning Policy Frameworks.  Additionally, consideration was given to the Incorporated Plan Overlay for Mernda and Development Plan for 150 Cookes Road. While a number of objectives and standards of Clause 55 have been satisfactorily met, an application that is inconsistent with a Development Plan cannot be supported which has created non-compliance with Neighbourhood Character objectives.

It is considered that the proposal does not provide a solution of greater design merit than suggested in either of the Plans and undermines the core principles of Council’s strategic intent for the area. It is considered that the proposal will result in a detrimental impact on the defined character of the neighbourhood and accordingly refusal of the application is recommended.

 

Recommendation

THAT Council resolve to Refuse Planning Application No. 716120 and issue a Refusal to Grant a Planning Permit for the construction of two dwellings at 12 Clancy Way Doreen, on the following grounds:

1.       The proposed development is contrary to the Incorporated Plan Overlay Schedule 1 (Mernda Strategy Plan) and Development Plan Overlay Schedule 5 (Mernda Development Plan – Cookes Road Development Plan)

2.       The proposed development does not satisfactorily respond to Residential Policy or respect the preferred character of the neighbourhood.

3.       The proposed development does not achieve satisfactory compliance with Clause 55.02-1 (Neighbourhood Character)

4.       The proposed design response fails to comply with State policy objectives and standards relating to Clause 55.03-5 (Energy Efficiency)

5.       The proposed development does not achieve satisfactory compliance with Clause 55.03-8 (Landscaping)

 

 

 

 

Council Resolution

Moved:                       Cr Desiato

Seconded:               Cr Butler

 

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

Carried

 


Ordinary Council Minutes                                                             Tuesday 28 February 2017

 

6.1.6    24 Belmont Rise, Doreen - Construction of two dwellings

File No:                                  716123

Attachments:                        1        Locality Maps

2        Development Plans   

Responsible Officer:           Director Planning & Major Projects

Author:                                  Senior Planner   

 

APPLICANT:                                  Planning and Design

COUNCIL POLICY:              N/A

ZONING:                               General Residential Zone

OVERLAY:                            Development Plan (Schedule 5)

Incorporated Plan (Schedule 1)

REFERRAL:                          Nil

OBJECTIONS:                      Nil

RECOMMENDATION:         That Council refuse the application

Report

EXECUTIVE Summary

The applicant proposes to construct two double storey dwellings on the proposed site to be known as 24 Belmont Rise (Lot 119) Doreen, which is located within the recently developed Bridge Inn Rise estate.

It is considered that the proposal does not generally accord with the Development Plan for the area of Cookes Road.  The Development Plan identifies specific areas for development at different densities. The subject land is located in an area described as standard density (lot size 450 – 700m2) and currently meets this requirement with an overall area of 527m2. The proposed development would represent a density of 1 dwelling per 263m2 which is twice the density prescribed by the development plan.  Because the proposal does not accord with an approved development plan, the application was not advertised.

Given the proposals non-compliance with the provisions set out in the Incorporated Plan Overlay (IPO), Development Plan (DP) and some objectives of Clause 55 of the Whittlesea Planning Scheme, it is recommended that Council refuse the application.

SITE AND SURROUNDING AREA

The subject site is a proposed residential property located on the southern side of Belmont Rise, Doreen (see Attachment 1).  Titles have not yet issued for the site, however it is proposed to be rectangular in shape and provides a frontage to both Belmont Rise (approximately 14m) and Hessel Avenue of 21m and a depth of approximately 18m, providing a total site area of 527m2.  The site has a fall from the north west to the south east of approximately 2m or 1 in 16 and there is no vegetation of significance contained within the site.

The surrounding area is generally characterised by residential land uses and development.  Land to the west has been developed with residential dwellings, whilst land to the east will form part of the current stage of subdivision and is therefore currently vacant.

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

·        Bus Route 572 (1km north along Overland Drive), Bus Route 562 (1.5km west along Schotters Road).

·        Hazel Glen School (approximately 250m north)

·        Ivanhoe Grammar School – Plenty Campus (650m south west)

·        Bridge Inn Road (200 m south)

·        Laurimar Town Centre (1.6km directly north east)

restrictions and easements

The Certificate of Title for the property shows that the site is affected by a Section 173 Agreement AL571472B which is in relation to works that were required to be undertaken onsite for the broader subdivision. The S173 Agreement does not preclude Council from making a decision with respect to the proposed development. 

There is also an easement located along the southern boundary which will not be impacted by the proposal.

Proposal

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

Dwelling No. 1 will have street frontage to Belmont Rise and comprise an open plan kitchen/meals area, one bedroom, a separate toilet and laundry facilities at ground level.  At first floor level, the dwelling will contain three bedrooms (master with ensuite and walk-in-robe) and a separate bathroom.

Dwelling No. 2 will have street frontage to Hessel Avenue and comprise an open plan kitchen/meals area, one bedroom, a separate toilet and laundry facilities at ground level.  At first floor level, the dwelling will contain three bedrooms (master with ensuite and walk-in-robe) and a separate bathroom.

Both dwellings will be provided with an attached double space garage, private open space and secure external storage.

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

Four (4)

- 4m front (north);

- Garage will be built to the boundary on side (west) boundary;

- 2.2m side (east);

- Dwelling wall will be built along boundary for rear (southern) boundary.

69.39m2

Double garage 

Approx. 6.8m

Dwelling No. 2

Double storey

Four (4)

- 3m front (east);

- 3m side (south);

- 3m rear (west)

- 1m approx. (north) 

 

45.06m2

Double garage 

Approx. 6.8m

Public Notification

No public notification was undertaken.  An application which is generally in accordance with the Development Plan is exempt from notice, however any permit issued must be in accordance with the Development Plan.

Section 52(1A) of the Planning and Environment Act 1987 outlines that if an application is being refused, notice of the application does not need to occur.

ASSESSMENT AGAINST CLAUSE 55 OF THE WHITTLESEA PLANNING SCHEME

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

·    Must meet all of the objectives

·    Should meet all of the standards

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

 

 

ü - Compliance
× -  Non compliance

Objectives

Standards

Comments

B1

Neighbourhood Character

x

x

The Development Plan for this area articulates the areas that should be developed for medium density and defines typically lot sizes. This site is not located within the designated areas for medium density development and will result in lot sizes smaller than what is envisaged by the Development Plan.  This is therefore inconsistent with the preferred character for this estate.

B2

Residential Policy

x

x

The proposal does not provide an appropriate response to both the State and Local Planning Policy Frameworks through responding to Councils clear policy objectives for sites within the Mernda Incorporated Plan or the Cookes Road Development Plan.

B3

Dwelling Diversity

N/A

N/A

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

B4

Infrastructure

ü

ü

 

B5

Integration with the street

ü

ü

 

B6

Street setback

ü

ü

 

B7

Building height

ü

ü

 

B8

Site coverage

ü

ü

 

B9

Permeability

ü

ü

 

B10

Energy efficiency

x

x

Both dwellings do not have living areas configured to capitalise on the northern aspect of the site. The dwellings have not been designed so that solar access to north facing windows are maximised.

B11

Open space

N/A

N/A

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

B12

Safety

ü

ü

 

B13

Landscaping

x

x

Although not complying through the absence of a detailed landscape plan, this could be addressed through a condition on any permit issued.

B14

Access

ü

ü

 

B15

Parking location

ü

ü

 

B17

Side and rear setbacks

ü

ü

 

B18

Walls on boundaries

ü

ü

 

B19

Daylight to existing windows

ü

ü

 

B20

North-facing windows

ü

ü

 

B21

Overshadowing open space

ü

ü

 

B22

Overlooking

ü

ü

 

B23

Internal views

ü

ü

 

B24

Noise impacts

ü

ü

 

B25

Accessibility

ü

ü

 

B26

Dwelling entry

ü

ü

 

B27

Daylight to new windows

ü

ü

 

B28

Private open space

ü

ü

 

B29

Solar access to open space

ü

ü

 

B30

Storage

ü

ü

 

B31

Design detail

ü

ü

 

B32

Front fences

ü

ü

 

B33

Common property

ü

ü

 

B34

Site services

ü

ü

 

CAR PARKING 

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

Dwelling No.

No. of bedrooms

Car spaces required

Car spaces provided

Complies

1

4

2

2

Yes

2

4

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.

Incorporated Plan Overlay Scheudle 1 – Mernda strategy plan

The purpose of the Incorporated Plan Overlay relevant to this application, is to identify areas which require the form and conditions of future use and development to be shown on an incorporated plan before a permit can be issued to be granted to use or develop the land.

Council’s Mernda Strategy Plan was approved in October 2004 and amended in January 2008. The plan provides guidance to the development of land in the Plenty Valley Growth Corridor and sets out an Incorporated Plan (broken into Precincts). The ‘Precinct Plan’ contained within the Mernda Strategy Plan is designed to be read and interpreted in conjunction with the Key Objectives and Strategic Actions.

development Plan overlay schedule 5 – approved 150 cookes road, doreen development plan

The site is affected by the approved development plan for ‘150 Cookes Road, Doreen’. Approved in 2012 the Development Plan sits as a guiding planning tool for the subject site and surrounding estate. The Cookes Road Development Plan’s layout was informed by the Mernda Strategy Plan, within which it is identified that the site be located within Precinct 2A in an area described as standard density (lot size 450 – 700m2). The subject site has an overall area of 527m2. The proposed development would represent a density of 1 dwelling per 263m2 which is twice the density prescribed by the development plan. There is an area within the Cookes Road Development Plan which outlines an area for medium density however, the subject site is not within this area. The application has not been able to demonstrate why the proposal is generally in accordance with the provisions set out in Development Plan (DP).

Comments on Grounds of Objection

This application was not advertised as noted above.

Declarations of Conflicts of Interest

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

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

Conclusion

The application has been assessed against the Whittlesea Planning Scheme and in particular the objectives and standards of Clause 55, Clause 52.06 and the State and Local Planning Policy Frameworks.  Additionally, consideration was given to the Incorporated Plan Overlay for Mernda and Development Plan for 150 Cookes Road. While a number of objectives and standards of Clause 55 have been satisfactorily met, an application that is inconsistent with a Development Plan cannot be supported which has created non-compliance with Neighbourhood Character objectives.

It is considered that the proposal does not provide a solution of greater design merit than suggested in either of the Plans and undermines the core principles of Council’s strategic intent for the area. It is considered that the proposal will result in a detrimental impact on the defined character of the neighbourhood and accordingly refusal of the application is recommended.

 

Recommendation

THAT Council resolve to Refuse Planning Application No. 716123 and issue a Refusal to Grant a Planning Permit for the construction of two dwellings on a lot at 24 Belmont Rise Doreen, on the following grounds:

1.       The proposed development is contrary to the Incorporated Plan Overlay Schedule 1 (Mernda Strategy Plan) and Development Plan Overlay Schedule 5 (Mernda Development Plan – Cookes Road Development Plan)

2.       The proposed development does not satisfactorily respond to Residential Policy or respect the preferred character of the neighbourhood.

3.       The proposed development does not achieve satisfactory compliance with Clause 55.02-1 (Neighbourhood Character)

4.       The proposed design response fails to comply with State policy objectives and standards relating to Clause 55.03-5 (Energy Efficiency)

5.       The proposed development does not achieve satisfactory compliance with Clause 55.03-8 (Landscaping)

Council Resolution

Moved:                       Cr Desiato

Seconded:               Cr Butler

 

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

Carried

 


Ordinary Council Minutes                                                             Tuesday 28 February 2017

 

6.1.7    5 Harwood Close, Mill Park - Request for Extension of time to Planning Permit - Construction of a double storey dwelling to the rear of an existing dwelling

File No:                                  714920

Attachments:                        1        Locality Maps

2        Development Plans   

Responsible Officer:           Director Planning & Major Projects

Author:                                  Planning Officer Established Areas Planning   

 

APPLICANT:                                  S Naqebullah

COUNCIL POLICY:              Nil

ZONING:                               General Residential Zone

OVERLAY:                            Development Contributions Plan Overlay

RECOMMENDATION:         That Council approve an extension of time

Report

EXECUTIVE Summary

An application has been received to extend a planning permit (No. 714920) allowing the construction of a double storey dwelling to the rear of the existing dwelling at 5 Harwood Close, Mill Park. The application seeks to extend the time for the commencement and completion of the development for a further two years.  The development was originally approved under delegation 21 January 2015 as no objections were received at the completion of the advertising period. The permit expired on 21 January 2017 as development has not yet commenced. The permit allows for extension requests to be made within six months of the expiry date.

This application is being reported to Council because planning circumstances have changed since the permit was initially granted.  The report recommends that the extension of time be approved as it is likely that if a fresh application were to be made for the same development a further planning permit would be granted.

The changed circumstances set out in this report relate to Council’s Housing Diversity Strategy.  The outcomes of this Strategy now form part of the Whittlesea Planning Scheme and provide direction on preferred housing character in different parts of the municipality.  Under the Strategy the subject land is now classified as ‘Suburban Residentialin which preferred housing is to be characterised by standard density housing such as single dwellings and dual occupancies/duplexes The development approved under the permit is considered to be consistent with this preferred character.

SITE AND SURROUNDING AREA

The site is irregular in shape and is located on the western termination of Harwood Court, Mill Park (see Attachment 1). The site comprises an area of 857m² and currently contains a single storey brick dwelling.  The rear (western) boundary of the land abuts a reservation to contain the future E6 road corridor.  Surrounding land is characterised by standard residential development with some nearby medium density development.

BACKGROUND

Planning Permit No. 714920 was granted by planning officers under delegation on 21 January 2015 as (as no objections were received following the advertising period).  The permit authorises the construction of a double storey dwelling to the rear of the existing dwelling (see Attachment 2).  Condition No. 19 of the permit allows for extension of time to be granted to commence and complete the development.

current permit extension request

The applicant, who is a new landowner, seeks an extension of two (2) years from the current permit expiry date (21 January 2017) to commence and complete the development due to insufficient funding to commence development.

ASSESSMENT

When the permit was issued on 21 January 2015 the land was located in a General Residential Zone.  In October 2015 Amendment C181 was approved by the Minister for Planning which introduced the new State wide reformed residential zones to all established areas within the Whittlesea Planning Scheme.  Amendment C181 also included Council’s adopted Housing Diversity Strategy (HDS) within the Municipal Strategic Statement (which forms part of the Planning Scheme).  In particular, Clause 21.09-4 was introduced to define residential change areas and the preferred housing character within these areas.  The subject land was included in a ‘Suburban Residential’ change area in which preferred housing is to be characterised by medium to standard density housing comprising single dwellings, dual occupancies, townhouses and multi units.

The HDS sets out ‘Key Design Principles’ that encourage a range of low to medium building heights that support some housing diversity and moderate front setbacks and sufficient side and rear setbacks to allow for landscaping and external access to the rear. 

The proposed development (see Attachment 2) is for a double storey dwelling to the rear of the existing dwelling and is therefore consistent with the preferred density and building heights for the ‘Suburban Residential’ change area.  The indicative landscape areas shown on the plans submitted allow for private open space areas that will consequently also allow for landscaping opportunities. Further, the generous front setback can also accommodate a large tree to further enhance the streetscape.

The applicable principles for considering extensions of time have been established by VCAT, are based on legal precedent and are applied by all councils.  These tests are referred to as the ‘Kantor’ tests (named after the legal case which introduced them).  The tests guide decisions and provide a degree of certainty for all stakeholders who may be affected by decisions relating to the extensions of time.

It should be noted that there are no statutory provisions for notifying other affected persons of extension of time requests.

The ‘Kantor’ tests are set out below with comments under each heading relevant to the current application.  An application should meet all the relevant tests.

Whether there is a change of planning policy:

The change of policy brought about by the approval of Amendment C181 and the introduction of the HDS and associated changes to the Local Planning Policy Framework have been discussed previously in this report.  The changed policy context supports the current proposal.

Whether the landowner is seeking to ‘warehouse’ the permit:

This is the first extension to the permit requested and there is no evidence that the permit holder is seeking to ‘warehouse’ the permit.

Intervening circumstances bearing on the grant or refusal of the extension:

There are no intervening circumstances bearing on the grant or refusal of the extension other than the permit holder only recently acquired the land and associated permit.

The total elapse of time:

The total period that has elapsed since the granting of the permit is two years.  However, because planning circumstances continue to support this form of development, an extension is considered reasonable.

Whether the time limit originally imposed was adequate:

The time limit imposed was reasonable.  The former permit holder was given the benefit of a standard two year commencement period and this timeframe continues under any new ownership.

The economic burden imposed on the landowner by the permit:

This relates to the degree to which the permit holder is economically committed to the permit proposal as a consequence of actions taken to give effect to the permit.  No evidence has been provided indicating that the permit holder is under any economic burden because of commitments made in relation to the proposal.

The probability of a permit issuing should a fresh application be made:

Under the HDS the site is located within the ‘Suburban Residential’ change area.  This change area nominates the preferred housing type as single dwellings, dual occupancies, townhouses and multi units such as that proposed.  It is likely the current development would be supported if a new application were to be made.

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 purpose of limiting the life of a permit is to ensure that it does not become inappropriate due to a change of circumstances.  The HDS was introduced into the Whittlesea Planning Scheme subsequent to the issue of the permit.  These changes in policy suggest that it is highly likely that the current proposal would be supported if a fresh application were to be made.  On these grounds it is recommended that a further extension of time be approved.


 

 

 

Recommendation

THAT Council resolve to approve the application to extend Planning Permit No. 714920 for a further two years until 21 January 2019 for the construction of a double storey dwelling to the rear of the existing dwelling at 5 Harwood Close, Mill Park and advise the applicant accordingly.

Council Resolution

Moved:                       Cr Desiato

Seconded:               Cr Butler

 

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

Carried

 

 


Ordinary Council Minutes                                                             Tuesday 28 February 2017

 

6.1.8    5A Mulwala drive, doreen - Request for extension of time to planning permit - Construction of 16 double storey dwellings

File No:                                  713322

Attachments:                        1        Locality Maps

2        Development Plans   

Responsible Officer:           Director Planning & Major Projects

Author:                                  Planning Officer   

 

APPLICANT:                                  Pacora Pty Ltd

COUNCIL POLICY:              Nil

ZONING:                               General Residential Zone

OVERLAY:                            Development Contributions Plan Overlay (Schedule 6)

Development Plan Overlay (Schedule 5)

Incorporated Plan Overlay (Schedule 1)

Vegetation Protection Overlay (Schedule 1)

REFERRAL:                          Nil

RECOMMENDATION:         That Council approve an extension of time

Report

EXECUTIVE Summary

An application has been received to extend a planning permit (No. 713322) allowing the construction of 16 double storey dwellings at 5A Mulwala Drive, Doreen (formally known as 940J Bridge Inn Road). The application seeks to extend the time for the commencement and completion of the development.  The permit was originally granted on 4 January 2013 by planning officers under delegation.  One previous extension of time to the permit was granted on 5 January 2015.  Following this extension the permit expired on 4 January 2017 as development had not yet commenced.  The permit allows for extension requests to be made within six months of the expiry date.

This application is being reported to Council because planning circumstances have changed since the permit was initially granted.  The report recommends that the extension of time be approved as it is likely that if a fresh application were to be made for the same development a further planning permit would be granted.

The changed circumstances set out in this report relate to the State-wide reformed Residential Zones introduced under Amendment VC116 (gazetted 1 July 2014).  Under the Amendment the subject land was rezoned from ‘Residential 1’ to ‘General Residential’. The development approved under the Permit has been assessed to be consistent with the purpose of this new zone. The subject site is not affected by the Housing Diversity Strategy.    

SITE AND SURROUNDING AREA

The subject site is formally described as Lot S5 on Plan of Subdivision 632412B and more generally known as 5A Mulwala Drive. The site is located on the south side of Mulwala Drive, approximately 100m south of Bridge Inn Road, Doreen (see Attachment 1).  The site is regular in shape and is relatively flat. It has a total site area of 3,730m2The site is encumbered along the western boundary by a 3.0m wide easement, which holds Council drainage and Yarra Valley Water infrastructure.

The site is currently vacant and vehicular access is provided via an existing concrete crossing located within the northwest corner of the land.

The surrounding area is generally characterised by single storey dwellings, and commercial uses comprising a variety of shops and food and drink premises.

BACKGROUND

Planning Permit No. 713322 was granted under delegation on 4 January 2013 authorising the construction of 16 double storey dwellings (see Attachment 2).  

A previous request to extend the permit was granted on 5 January 2015 and extended the permit for a further two years to lapse on 4 January 2017.  Development under the Permit did not commence prior to the Permit lapse date.

current permit extension request

The applicant seeks an extension of two (2) years from the current Permit lapse date (4 January 2017) to commence the development due to financial reasons.

ASSESSMENT

When the permit was issued on 4 January 2013 the land was located in a Residential 1 Zone.  On 1 July 2014, Amendment VC116 was approved by the Minister for Planning which introduced the new State-wide reformed residential zones to all established areas within the Whittlesea Planning Scheme.  The subject site is now zoned ‘General Residential’ (Clause 32.08 of the Whittlesea Planning Scheme), which has the same provisions as the Residential 1 Zone.

The proposed development (see Attachment 2) is for 16 double storey dwellings. The development approved under the Permit remains consistent with Clause 55 (ResCode) of the Whittlesea Planning Scheme.

The applicable principles for considering extensions of time have been established by VCAT, are based on legal precedent and are applied by all councils.  These tests are referred to as the ‘Kantor’ tests (named after the legal case which introduced them).  The tests guide decisions and provide a degree of certainty for all stakeholders who may be affected by decisions relating to the extensions of time.

It should be noted that there are no statutory provisions for notifying other affected persons of extension of time requests.

The ‘Kantor’ tests are set out below with comments under each heading relevant to the current application. An application should meet all the relevant tests.

Whether there is a change of planning policy

The change in zoning brought about by the approval of Amendment VC116 has been discussed previously in this report.  These changes continue to support the current proposal. 

Whether the landowner is seeking to ‘warehouse’ the permit

There is no evidence that the permit holder is seeking to ‘warehouse’ the permit (i.e. not intending to act on the permit in the foreseeable future). The permit holder has confirmed that  they are in the final stages of obtaining a construction loan.

Intervening circumstances bearing on the grant or refusal of the extension

There are no intervening circumstances bearing on the grant or refusal of the extension other than the permit holder’s own financial circumstances.

The total elapse of time

A period of four years has elapsed since the permit was initially granted in 2014.

Whether the time limit originally imposed was adequate

The time limit imposed was reasonable.  The permit holder was given the benefit of a standard two year commencement period and a further two year extension period.

The economic burden imposed on the landowner by the permit

This relates to the degree to which the permit holder is economically committed to the permit proposal as a consequence of actions taken to give effect to the permit.  No development has commenced under the permit, but the permit holder has obtained endorsed plans and paid the applicable landscape bond.

The probability of a permit issuing should a fresh application be made

As discussed above, under the reformed residential zones, the site is now zoned ‘General Residential’. This zone allows for, and encourages, the provision of diverse housing options in locations that are in proximity to services and transport. In light of this, it is likely that the permit for the construction of 16 new dwellings would be granted on the subject land should a fresh application be made.

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 purpose of limiting the life of a permit is to ensure that it does not become inappropriate due to a change in circumstances.  The reformed residential zoning was introduced into the Whittlesea Planning Scheme subsequent to the issue of the permit.  These changes in zoning suggest that it would be likely that the current proposal would be supported if a fresh application were to be made.  On these grounds it is recommended that the extension of time be granted. 


 

 

 

Recommendation

THAT Council resolve to approve the application to extend Planning Permit No. 713322 for a further two years (until 4 January 2019) for the construction of 16 double storey dwellings at 5A Mulwala Drive, Doreen, and advise the applicant accordingly.

Council Resolution

Moved:                       Cr Desiato

Seconded:               Cr Butler

 

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

Carried

 


Ordinary Council Minutes                                                             Tuesday 28 February 2017

 

6.1.9    23 MEMORIAL AVENUE, EPPING - REQUEST FOR EXTENSION OF TIME TO PLANNING PERMIT - CONSTRUCTION OF EIGHT DWELLINGS WITHIN A THREE STOREY BUILDING

File No:                                  713710

Attachments:                        1        Locality Maps

2        Development Plans   

Responsible Officer:           Director Planning & Major Projects

Author:                                  Planning Officer   

 

APPLICANT:                                  Colorcom

COUNCIL POLICY:              Nil

ZONING:                               Activity Centre Zone (ACZ1)

OVERLAY:                            Development Contributions Plan Overlay (DCPO3 & DCPO14)

RECOMMENDATION:         That Council refuse an extension of time

Report

EXECUTIVE Summary

An application has been received to extend a planning permit (No. 713710) allowing the construction of eight dwellings within a three storey building at 23 Memorial Avenue, Epping.  The application seeks to extend the time for the commencement and completion of the development for a further two years.  The permit was originally granted on 19 November 2012 by Council due to one objection being received.  One previous request for an extension of time has been granted.  The permit expired on 19 November 2016 as the development had not commenced.  The permit allows for extension requests to be made within six months of the expiry date.

This application is being reported to Council because planning circumstances have changed since the permit was initially granted.  The report recommends that the extension of time be refused as it is unlikely that if a fresh application were to be made for the same development a further planning permit would not be granted with the same conditions.

The changed circumstances set out in this report relate to Amendment C130 (gazetted March 2015) which included the rezoning of land to the Activity Centre Zone (ACZ) in accordance with the Epping Central Structure Plan.  Other associated changes to the Scheme also occurred at this time including a requirement for the payment of development contributions (estimated to be $37,700) to assist in the funding of infrastructure associated with the future growth of the area.

SITE AND SURROUNDING AREA

The subject site is located on the southeast corner of Memorial Avenue and Lloyd Avenue, Epping (see Attachment 1).  The site is an irregular shaped allotment that is relatively flat with a total site area of 718m2.  The site contains a single storey dwelling constructed of brick with terracotta roof tiling, a detached carport and shed.  Vehicular access to the site is provided by a single width crossover to Lloyd Avenue.  There is no vegetation of significance contained within the site.

The surrounding area is generally characterised by detached single and double storey dwellings on similar sized allotments.  The architectural style and building era of the area is varied with numerous cream brick houses circa 1950-60s, mission brown development from the 1970s and more recent housing. Medium density development is also evident within the surrounds.

BACKGROUND

Planning Permit No. 713710 was granted on 19 November 2012 authorising the construction of eight dwellings within a three storey building (see Attachment 2).  The application was determined by Council on 16 October 2012 as there was one objection at the end of the advertising period.  Condition No. 20 of the permit allows extensions of time to commence and complete the development.

One previous extension of time has been granted.

current permit extension request

The applicant seeks a further extension of two (2) years to commence and complete the development citing financial difficulties as the reason for the request.

ASSESSMENT

When the permit was issued on 14 August 2012, the land was located in a Residential 1 Zone.  In March 2015 Amendment C130 was approved which introduced the new ACZ within the Whittlesea Planning Scheme.  The subject land was included within a development precinct which seeks to provide a transition from higher density housing to the south to the standard density areas to the north beyond the activity centre.  The preferred character for the precinct includes medium density residential development in the form of villa units and townhouses, with modern and attractive architectural styles with landscaped front setbacks that provide space for canopy trees.

The proposed development (see Attachment 2) is for the construction of eight dwellings within a three storey building and is therefore generally consistent with the preferred character of the precinct.  The indicative landscape areas shown on the plans submitted allow sufficient private open space and space for canopy trees within the front setback which will soften the impact of the proposed built form.

However, the permit will not be compliant with the newly introduced Development Contribution Plan Overlay - Schedule 14 (DCPO14) which requires that contributions be paid to ensure that necessary infrastructure is available in support of the increased densities proposed for the area.  In relation to the current development this is currently estimated to be approximately $37,700.  The current permit does not provide any provision for this payment and it not possible to amend the permit to provide for this outcome.

The applicable principles for considering extensions of time have been established by VCAT, are based on legal precedent and are applied by all councils.  These tests are referred to as the ‘Kantor’ tests (named after the legal case which introduced them).  The tests guide decisions and provide a degree of certainty for all stakeholders who may be affected by decisions relating to the extensions of time.

It should be noted that there are no statutory provisions for notifying other affected persons of extension of time requests.

The ‘Kantor’ tests are set out below with comments under each heading relevant to the current application. An application should meet all the relevant tests.

Whether there is a change of planning policy

The change of policy brought about by the approval of Amendment C130 and the introduction of the ACZ and implementation of various planning scheme overlays have been discussed previously in this report.  The changed planning context, in particular the introduction of DCPO14, means that the current permit no longer contains up-to-date planning scheme requirements.

Whether the landowner is seeking to ‘warehouse’ the permit

The permit has only been extended once previously and there is no substantial evidence at this stage that the owner is seeking to ‘warehouse’ the permit.

Intervening circumstances bearing on the grant or refusal of the extension

While the permit holder has been unable to proceed with the development due to claimed financial constraints, these personal circumstances are not sufficient to justify the extension when weighed against the need for critical infrastructure funding.  It would not be appropriate that Council incur infrastructure costs associated with the proposed development when these levieis can be reasonably required and included in any new planning permit.

The total elapse of time

The total period that has elapsed since the granting of the permit is now four years.

Whether the time limit originally imposed was adequate

The time limit imposed under the original permit (two years) and the further extension (two years) was reasonable.  This perod is considered more than suffieint to have plans endorsed and commence the development.

The economic burden imposed on the landowner by the permit

This relates to the degree to which the permit holder is economically committed to the permit proposal as a consequence of actions taken to give effect to the permit.  No evidence has been provided indicating that the permit holder is under any economic burden because of commitments made in relation to the proposal.

The probability of a permit issuing should a fresh application be made

Under the ACZ the site is located within ‘Precinct 2 – High Street North’.  This precinct nominates the preferred housing type as villa units and townhouses such as that proposed.  While a development proposal consistent with the previously approved plans is likely to be supported under a new application it would be subject to different conditions including a requirement for the payment of development contributions.

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 purpose of limiting the life of a permit is to ensure that it does not become inappropriate due to a change of circumstances.  The additional planning controls implemented as part of Amendment C130 were introduced into the Whittlesea Planning Scheme subsequent to the issue of the permit.  These changes now require that development contributions be levied to support additional growth in Epping Central.  Because the current permit does not contain these requirements, it is recommended that the extension of time be refused.

 

 

Recommendation

THAT Council resolve to refuse the application to extend Planning Permit No. 713710 for the construction of eight dwellings within a three storey building at 23 Memorial Avenue, Epping and advise the applicant accordingly.

 

Council Resolution

Moved:                       Cr Cox

Seconded:               Cr Alessi

 

THAT Council resolve to adopt the Recommendation.

unanimously Carried

 


Ordinary Council Minutes                                                             Tuesday 28 February 2017

 

6.1.10  10 JAMES STREET, WHITTLESEA - REQUEST FOR EXTENSION OF TIME TO PLANNING PERMIT - CONSTRUCTION OF A SINGLE STOREY DWELLING TO THE REAR OF An EXISTING DWELLING

File No:                                  713849

Attachments:                        1        Locality Maps

2        Development Plans   

Responsible Officer:           Director Planning & Major Projects

Author:                                  Planning Officer   

 

APPLICANT:                                  L Brown

COUNCIL POLICY:              Nil

ZONING:                               General Residential Zone

OVERLAY:                            Nil

RECOMMENDATION:         That Council approve an extension of time

Report

EXECUTIVE Summary

An application has been received to extend a planning permit (No. 713849) allowing the construction of a single storey dwelling to the rear of the existing dwelling at 10 James Street, Whittlesea.  The application seeks to extend the time for the commencement and completion of the development for a further two years.  The permit was originally granted on 21 November 2012 by planning officers under delegation as no objections were received at the completion of the advertising period.  This is the second extension of time request.  The permit expired on 21 November 2016 as development has not commenced.  The permit allows for extension requests to be made within six months of the expiry date.

This application is being reported to Council because planning circumstances have changed since the permit was initially granted.  The report recommends that the extension of time be approved as it is likely that if a fresh application were to be made for the same development a further planning permit would be granted.

The changed circumstances set out in this report relate to Council’s Housing Diversity Strategy.  The outcomes of this Strategy now form part of the Whittlesea Planning Scheme and provide direction on preferred housing character in different parts of the municipality.  Under the Strategy the subject land is now classified as ‘Township Residential’ in which preferred housing is to be characterised by standard density housing such as single dwellings and dual occupancies/duplexes.  The development approved under the permit is considered to be consistent with this preferred character.

SITE AND SURROUNDING AREA

The subject land is located on the east side of James Street, Whittlesea approximately 125m north of Laurel Street and 45m east of Church Street (see Attachment 1).  The site comprises an area of 918m2 and currently contains a detached single storey dwelling.  The surrounding area is generally characterised by single storey dwellings with generous front and rear setbacks, limited built form on boundaries and well established gardens comprising canopy trees to the north and west of the subject site and commercial development to the east and south.  Some dual occupancy developments are located within the immediate area along James Street.

BACKGROUND

Planning Permit No. 713849 was granted by planning officers under delegation on 21 November 2012 authorising the construction of a single storey dwelling to the rear of the existing dwelling (see Attachment 2).  Condition No. 13 of the permit allows for extension of time to be granted to commence and complete the development.

current permit extension request

The applicant seeks an extension of two (2) years from the current permit expiry date (21 November 2016) to commence and complete the development due to insufficient funding to commence development.

ASSESSMENT

When the permit was issued on 21 November 2012 the land was located in a Residential 1 Zone.  In October 2015 Amendment C181 was approved by the Minister for Planning which introduced the new Statewide reformed residential zones to all established areas within the Whittlesea Planning Scheme.  Amendment C181 also included Council’s adopted Housing Diversity Strategy (HDS) within the Municipal Strategic Statement (which forms part of the Planning Scheme).  In particular, Clause 21.09-4 was introduced to define residential change areas and the preferred housing character within these areas.  The subject land was included in a ‘Township Residential’ change area in which preferred housing is to be characterised by standard density housing comprising single dwellings and dual occupancies/duplexes.

The HDS sets out ‘Key Design Principles’ that encourage low building heights to reflect the Township scale and character and increased front and rear setbacks to allow for building separation and landscaping.

The proposed development (see Attachment 2) is for the construction of a single storey dwelling to the rear of the existing dwelling and is therefore consistent with the preferred density and building heights for the Township Residential change area.  The proposed setbacks from title boundaries will allow for building separation and areas for landscaping throughout the development including the provision of canopy trees within the front setback associated with the existing dwelling.

The applicable principles for considering extensions of time have been established by VCAT, are based on legal precedent and are applied by all councils.  These tests are referred to as the ‘Kantor’ tests (named after the legal case which introduced them).  The tests guide decisions and provide a degree of certainty for all stakeholders who may be affected by decisions relating to the extensions of time.

It should be noted that there are no statutory provisions for notifying other affected persons of extension of time requests.

The ‘Kantor’ tests are set out below with comments under each heading relevant to the current application.  An application should meet all the relevant tests.

Whether there is a change of planning policy

The change of policy brought about by the approval of Amendment C181 and the introduction of the HDS and associated changes to the Local Planning Policy Framework have been discussed previously in this report.  The changed policy context supports the current proposal.

Whether the landowner is seeking to ‘warehouse’ the permit

This is the second request for an extension.  However, there is no evidence at this stage that the permit holder is seeking to ‘warehouse’ the permit (i.e. not intending to act on the permit in the foreseeable future).

Intervening circumstances bearing on the grant or refusal of the extension

There are no intervening circumstances bearing on the grant or refusal of the extension other than the permit holder having insufficient funding to commence development.

The total elapse of time

A period of four years has elapsed since the permit was initially granted in 2012.

Whether the time limit originally imposed was adequate

The time limit imposed was reasonable.  The permit holder was given the benefit of a standard two year commencement period and a further two year extension of this period.

The economic burden imposed on the landowner by the permit

This relates to the degree to which the permit holder is economically committed to the permit proposal as a consequence of actions taken to give effect to the permit.  No development has yet commenced under the permit. However, plans have been submitted and endorsed.

The probability of a permit issuing should a fresh application be made

Under the HDS the site is located within the ‘Township Residential’ change area.  This change area nominates the preferred housing type as single dwellings and dual occupancies/duplexes as that proposed.  It is likely the current development would be supported if a new application were to be made.

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 purpose of limiting the life of a permit is to ensure that it does not become inappropriate due to a change of circumstances.  The HDS was introduced into the Whittlesea Planning Scheme subsequent to the issue of the permit.  These changes in policy suggest that it is likely that the current proposal would be supported if a fresh application were to be made.  On these grounds it is recommended that a further extension of time be approved.


 

 

 

Recommendation

THAT Council resolve to approve the application to extend Planning Permit No. 713849 for a further two years (until 21 November 2018) for the construction of a single storey dwelling to the rear of the existing single storey dwelling at 10 James Street, Whittlesea and advise the applicant accordingly.

 

Council Resolution

Moved:                       Cr Desiato

Seconded:               Cr Butler

 

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

Carried

 


Ordinary Council Minutes                                                             Tuesday 28 February 2017

 

6.1.11  60 Sackville Street, Mernda - Removal of Native Vegetation

File No:                                  716369

Attachments:                        1        Locality Maps

2        Vegetation removal plan

3        Subdivision layout plan

4        Photos of trees to be removed   

Responsible Officer:           Director Planning & Major Projects

Author:                                  Senior Planning Officer   

 

APPLICANT:                                  National Pacific Properties Australia Pty Ltd

COUNCIL POLICY:              22.10     River Redgum Protection Policy

ZONING:                               General Residential Zone

OVERLAY:                            Development Contributions Plan Overlay (Schedule 8)

Development Plan Overlay (Schedule 5)

Incorporated Plan Overlay (Schedule 1)

Vegetation Protection Overlay (Schedule 1)

REFERRAL:                          Parks and Open Space

                                                Sustainability Planning

OBJECTIONS:                      Nil

RECOMMENDATION:         That Council resolve to approve Planning Permit No. 716369 to allow for the removal of native vegetation.

Report

EXECUTIVE Summary

The subject site is located within the Mernda West Development Plan area and the Mernda Strategy Plan area on the south-west corner of Sackville Street and William Street, Mernda (see Attachment 1). According to the Mernda West Development Plan, the site is identified for residential development.  A permit for development or use may be granted if it is consistent with the Mernda West Development Plan and if it will not prejudice the future use or development of the land for the purpose of the zone as intended by the Mernda Strategy Plan.

 

Planning Application No. 716121 is being assessed concurrently by Council and seeks permission for the multi-lot subdivision of the same land (60 Sackville Street, Mernda). This application for subdivision is yet to be determined, however is well advanced and is generally consistent with the Mernda West Development Plan.

A flora and fauna assessment of the vegetation on site has identified the need for the removal of all vegetation from the site including 0.305 hectares of Valley Grassy Forest (EVC 47) and Plains Grassy Wetland (EVC 125), ten (10) planted River Red Gum trees (Eucalyptus camaldulensis), 95 planted native Victorian plants and 44 Non-Victorian Australian species in order to facilitate the proposed subdivision of the land. It is noted that only 18 of the 95 planted native Victorian plants proposed to be removed are indigenous to this part of Victoria and that a planning permit is not required to remove the 44 Non-Victorian Australian species. The assessment also identified that the River Red Gums proposed to be removed were planted and have fair to good health with poor to fair structure.

Council’s Sustainability Planning Unit and Parks and Open Space Department support the removal of the vegetation except for six River Red Gums (Tree Nos 73, 83A, 83, 84, 89 and 90) and 11 native Victorian trees comprising Yellow Box and Spotted Gum (Tree Nos 70, 74-78, 80-82, 85 and 86) noting that the subdivision layout could be amended to retain the vegetation within an open space reserve. Three Non-Victorian Australian natives comprising Rusty Gums (Tree Nos 71, 72 and 79) can also be retained within the open space area as they are located in proximity to the other native Victorian vegetation.

In accordance with Council’s advice, the applicant amended the subdivision layout plan to reflect the retention of the vegetation as shown in Attachments 2 and 3. Accordingly, it is recommended that Planning Permit No. 716369 be approved to allow for the removal of the remainder of the vegetation including 0.305 hectares of Valley Grassy Forest (EVC 47) and Plains Grassy Wetland (EVC 125), four planted River Red Gum trees (Trees 15, 16, 65 and 92), 84 planted Victorian native trees (of which only 13 are indigenous to this part of Victoria) and 41 Non-Victorian Australian species from the land. Conditions on any permit that issues will require the provision of native vegetation offsets in accordance with the provisions of the ‘Biodiversity Assessment Guidelines (DEPI 2013) and Native Vegetation Gain Scoring Manual (DEPI 2013)’.

SITE AND SURROUNDING AREA

The subject site is located on the south-west corner of Sackville Street and William Street, Mernda, is rectangular in shape and covers an area of approximately 2.425 hectares (see Attachment 1). The site has a frontage to Williams Street (north) of 210.045m, a 114.57m frontage to Sackville Street (east) and a 114.168m frontage to Wellington Street (west).

The locality has undergone significant change over the past five years from rural living and agricultural uses to a more urban character. Surrounding developments include the Fashoda and Cambridge Rise Estates to the north, the Wellington Rise Estate to the south, and the Fairview Estate to the west which is under construction. A series of remnant rural-residential land parcels adjoin the site to the east.

The site contains a dwelling and shed to the east and a small dam towards the north-western corner of the property. A flora and fauna assessment was undertaken of the site which identified that the site supports a number of planted Victorian native and Non-Victorian Australian natives, including:

 

·   Ten (10) River Red Gum trees (Eucalyptus camaldulensis) grown as tubestock from non-local provenance seed;

·   95 planted Victorian natives such as Spotted Gum, Blue Gum and Red Ironbark. It was noted that only 18 of the 95 Victorian native plants identified on site are indigenous to this part of Victoria and include Yellow Box, Silver Wattle, Narrow Leaved Peppermint, Blackwood and Manna Gum; and

·   44 Non-Victorian Australian natives such as Lemon-scented Gum and River Oak which do not require a planning permit for their removal.

In addition, the site supports Valley Grassy Forest (EVC 47) and Plains Grassy Wetland (EVC 125).  Ten modified examples of these vegetation types occur on the site as remnant patches, measuring a total area of 0.305 hectares.

restrictions and easements

The site is legally described as Lot 1 on Title Plan 836259G of Volume 08782 Folio 228.  There are no restrictions on Title that preclude Council from determining this application.

 

BACKGROUND

 

The subject site is located within the Mernda West Development Plan and Mernda Strategy Plan areas. The Mernda West Development Plan identifies the site for residential use. A permit for development or use may be granted if it is consistent with the Mernda West Development Plan and if it will not prejudice the future use or development of the land for the purpose of the zone as intended by the Mernda Strategy Plan.

Planning Application No. 716121 is being assessed concurrently by Council and seeks permission for the multi-lot subdivision of this same land. This application for subdivision is yet to be determined however is well advanced and is generally consistent with the Mernda West Development Plan.

It should be noted that the initial application to subdivide the land had originally requested the removal of all vegetation from the site, however Council’s assessment has identified that the layout plan may be amended so that six River Red Gums (Tree Nos 73, 83A, 83, 84, 89 and 90), 11 native Victorian trees comprising Yellow Box and Spotted Gum (Tree Nos 70, 74-78, 80-82, 85 and 86) and 3 Non-Victorian Australian natives comprising Rusty Gum (Tree Nos 71, 72 and 79) could be retained in an open space reserve. 

The applicant subsequently amended the subdivision layout to reflect the retention of this vegetation as shown in Attachment 2.  The remainder of the vegetation on site comprising 0.305 hectares of Valley Grassy Forest (EVC 47) and Plains Grassy Wetland (EVC 125), four River Red Gum trees (Trees 15, 16, 65 and 92) and 84 Victorian native trees (of which only 13 are indigenous to this part of Victoria) are required to be removed in order to allow for the orderly development of the site. Forty one Non-Victorian Australian species are also proposed to be removed, however a planning permit is not required to remove this vegetation.

Proposal

The applicant proposes the removal of 0.305 hectares of Valley Grassy Forest (EVC 47) and Plains Grassy Wetland (EVC 125), four (4) planted River Red Gum trees (Eucalyptus camaldulensis) and 84 planted Victorian native trees of which only 13 are indigenous to this part of Victoria containing the subject site (see Attachments 2 and 4). 

As mentioned above, ten modified examples of Valley Grassy Forest (EVC 47) and Plains Grassy Wetland (EVC 125) occur on the site as remnant patches, measuring a total area of 0.305 hectares.  A summary of these habitat zones is described below:

 

 

Habitat Zone Identification No.

 

EVC

Area (ha)

A

 

Valley Grassy Forest (EVC 47)

 

 

 

0.133

 

B

 

Valley Grassy Forest (EVC 47)

 

 

0.004

 

C

 

Valley Grassy Forest (EVC 47)

 

 

0.004

 

D

 

Valley Grassy Forest (EVC 47)

 

 

0.006

 

E

 

Valley Grassy Forest (EVC 47)

 

0.018

F

 

Valley Grassy Forest (EVC 47)

 

0.104

G

 

Plains Grassy Wetland (EVC 125)

 

0.007

H

Plains Grassy Wetland (EVC 125)

 

0.001

 

I

Valley Grassy Forest (EVC 47)

 

0.017

 

J

Valley Grassy Forest (EVC 47)

 

0.006

 

                             

Total extent

 

0.305

Details of the four (4) planted River Red Gums proposed to be removed on the site are outlined in the following table:ne EVC Area

Tree Identification No.

 

Common Name (Species)

 

 

Diameter of Trunk over bark at Breast Height (cm)

 

Height and Width (m)

 

Health

 

15

 

River Red Gum (Eucalyptus camaldulensis)

 

49

 17 x 8

Good health. Fair/poor structure.

16

 

River Red Gum (Eucalyptus camaldulensis)

 

41

18 x 7

Fair/good condition. Fair structure.

65

 

River Red Gum (Eucalyptus camaldulensis)

 

28

13 x 4

Fair condition. Fair/poor structure.

92

 

River Red Gum (Eucalyptus camaldulensis)

 

23

11 x 4

Fair condition. Poor structure.

The application also proposes the removal of 84 planted Victorian native trees such as Spotted Gum, Blue Gum and Red Ironbark.  As mentioned above, only 13 of the 84 planted Victorian natives are indigenous to this part of Victoria and are outlined in the following table:

Tree Identification No.

 

Common Name (Species)

 

 

Diameter of Trunk over bark at Breast Height (cm)

 

Height and Width (m)

 

5

 

Yellow Box (Eucalyptus melliodara)

 

32

15 x 9

9

 

Silver Wattle (Acacia dealbata)

 

13, 15 (twin stemmed)

6 x 5

52

 

Narrow Leaved Peppermint (Eucalyptus radiata)

 

23

8 x 5

58

 

Narrow Leaved Peppermint (Eucalyptus radiata)

 

23, 26 (twin stemmed)

6 x 5

112

 

Blackwood (Acacia melanoxylon)

 

14

10 x 8

141 (group of 8)

 

Manna Gum (Eucalptus viminalis) x 8

 

28

37

30, 39 (twin stemmed)

37

42

25, 32 (twin stemmed)

33

26

7-11 x 5-7

The Vegetation Retention and Removal Plan submitted with the application also identifies the removal of 41 Non-Victorian Australian species from the land, however a planning permit is not required to remove this vegetation.  

Public Notification

The site is covered by the Development Plan Overlay – Schedule 5 (DPO5) and the Incorporated Plan Overlay – Schedule 1 (IPO1) which both exempt planning permit applications from the notice requirements of Section 52(1)(a), (b) and (d) of the Planning and Environment Act, 1987, provided that the application is generally in accordance with the associated incorporated or approved plan.

 

PLANNING CONTEXT

 

State Planning Policy Framework

 

Clause 12.01-1 Protection of Biodiversity

 

Clause 12.01 of the Whittlesea Planning Scheme relates to biodiversity and the protection of Victoria’s natural habitat. The objective of this clause is to assist the protection and conservation of Victoria’s biodiversity, including native vegetation retention and provision of habitats for native plants and animals and control of pest plants and animals.

 

Clause 12.01-2 Native Vegetation Management

This clause seeks to ensure that the permitted clearing of native vegetation results in no net loss in the extent and quality of native vegetation. The strategy to achieve this is to apply the risk-based approach to managing native vegetation as set out in Permitted clearing of native vegetation – Biodiversity assessment guidelines (Department of Environment and Primary Industries, September 2013).  These are:

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

·   Minimise impacts on Victoria’s biodiversity.

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

 

LOCAL PLANNING POLICY FRAMEWORK

 

Clause 22.10 River Red Gum Protection Policy

 

Clause 22.10 of the Whittlesea Planning Scheme relates to Council’s River Red Gum Protection Policy. This policy applies to the protection of River Red Gums located in urban and rural areas. The objective of this policy is “to ensure that the development of urban and rural areas takes into account the presence, retention, enhancement and long term viability of Red Gums in urban areas.” The key policy directions are to:

 

·   Recognise the intrinsic value of River Red Gums in establishing character and identity in urban and rural areas.

·   Request a comprehensive site analysis and arborist’s report with any planning proposal for development on land which contains one or more remnant River Red Gums.

·   Encourage that the majority of River Red Gums proposed for retention are sited in public open space reserves and/or road reserves.

·   Ensure that, where a tree is to be located in a lot, the lot is large enough to accommodate a suitable development envelope that does not disturb the tree or its root system.

·   Ensure that, where feasible, areas of significant River Red Gum regeneration are protected in any development proposal.

·   Encourage tree removal to be generally limited to only those trees independently assessed as presenting a danger to people and property.

·   Appropriately protect trees identified for retention during the construction phase, and thereafter ensure that their health is regularly monitored by an appropriate environmental consultant where located on public land.

·   Ensure that any tree nominated on a development and/or subdivision plan for protection is located within an appropriate tree protection zone. The protection zone must be large enough to ensure that the trunk and canopy remain intact and that the root system is not severely damaged or destroyed during the construction phase.

 

When assessed against the relevant decision guidelines of this policy and in the context of the level of remnant River Red Gums being retained across the site as a whole, the proposed removal of the four planted River Red Gum trees and 84 planted Victorian native trees of which only 13 are indigenous to this part of Victoria is considered acceptable. Whilst River Red Gum trees contribute to the landscape character of the surrounding area, Trees 15, 16, 65 and 92, which are proposed to be removed are of fair-poor structure, and have all been determined to be planted for amenity or woodlot purposes which is consistent with the Mernda West Development Plan, a document which does not identify any remnant trees within the subject site.

Furthermore, as the alignment of the proposed roads is largely set and required under the Mernda West Development Plan, retaining this vegetation would significantly compromise the future development of the site and surrounding area. Notwithstanding, Council’s Parks and Open Space Department considers that six River Red Gums (Tree Nos 73, 83A, 83, 84, 89 and 90), 11 native Victorian trees comprising Yellow Box and Spotted Gum (Tree Nos 70, 74-78, 80-82, 85 and 86) and 3 Non-Victorian Australian natives comprising Rusty Gums (Tree Nos 71, 72 and 79) may be retained in an open space reserve as shown in the applicant’s proposed subdivision layout. 

Consequently, it is considered that the removal of 0.305 hectares of Valley Grassy Forest (EVC 47) and Plains Grassy Wetland (EVC 125), four planted River Red Gums and 84 planted Victorian native trees (of which only 13 are indigenous to this area of Victoria) is consistent with the overarching objectives and decision guidelines of Clause 22.10 of the Whittlesea Planning Scheme.

ZONE AND OVERLAY DECISION GUIDELINES

 

The subject site is located within the General Residential Zone. The land is also affected by the Vegetation Protection Overlay (Schedule 1), Incorporated Plan Overlay (Schedule 1), Development Contributions Plan Overlay (Schedule 8) and Development Plan Overlay (Schedule 5). Pursuant to Clause 32.08 of the Whittlesea Planning Scheme, a planning permit is not required to remove native vegetation from land within a General Residential Zone.

 

Of particular relevance to this application is the Vegetation Protection Overlay - Clause 42.02 of the Whittlesea Planning Scheme, which requires a planning permit for the removal, destruction and lopping of native vegetation on land affected by the overlay. Schedule 1 to this overlay relates to the River Red Gum Grassy Woodland region within the Mernda, Doreen and South Morang areas, where the subject site is located. This schedule has the following objectives:

 

·   To preserve and maintain significant vegetation and the character of the area;

·   Maintain soil qualities and minimise the impacts of erosion; and

·   Preserve natural habitat for flora and fauna.

 

Particular Provisions

 

Clause 52.17 – Native Vegetation

 

Pursuant to Clause 52.17 of the Whittlesea Planning Scheme, planning approval is required to remove, destroy or lop native vegetation, including dead vegetation, on land that together with all contiguous land in one ownership, has an area greater than 0.4 hectares. This does not apply:

 

·   If the table to Clause 52.17-6 specifically states that a permit is not required.

·   To the removal, destruction or lopping of native vegetation specified in the schedule to this clause.

·   To an area specified in the schedule to this clause.

Under the exemptions of Clause 52.17-6, a planning permit is not required for the removal of planted native trees described above.  However, a planning permit is required for the removal of the 0.305 hectares of Valley Grassy Forest (EVC 47) and Plains Grassy Wetland (EVC 125). 

 

REFERRALS

 

Internal

 

The application was referred internally to Council’s Parks and Open Space Department and Sustainability Planning Unit.

 

Council’s Parks and Open Space Department considered the application and offered no objection to the removal of 0.305 hectares of Valley Grassy Forest (EVC 47) and Plains Grassy Wetland (EVC 125), four (4) planted River Red Gum trees (Eucalyptus camaldulensis) and 84 planted Victorian native trees of which only 13 are indigenous to this part of Victoria as these trees will be significantly impacted upon as a result of road works and service provision associated with the proposed subdivision. Council’s Parks and Open Space Department also stated that the trees had all been planted for amenity or woodlot purposes which is consistent with the Mernda West Development Plan which does not identify any remnant trees within the subject site. However, Council’s Parks and Open Space Department notes that six River Red Gums (Tree Nos 73, 83A, 83, 84, 89 and 90), 11 native Victorian trees comprising Yellow Box and Spotted Gum (Tree Nos 70, 74-78, 80-82, 85 and 86) and 3 Non-Victorian Australian natives comprising Rusty Gum (Tree Nos 71, 72 and 79) could be retained within an open space reserve. 

Council’s Sustainability Planning Unit advises that the proposal to remove the vegetation from the land is acceptable subject to the inclusion of conditions on any permit that issues.

PLANNING COMMENTS

 

Council acknowledges the importance of native vegetation, and in particular River Red Gum trees, as a visual and environmental feature within the municipality. In this instance, the removal of 0.305 hectares of Valley Grassy Forest (EVC 47) and Plains Grassy Wetland (EVC 125), four planted River Red Gum trees (Trees 15, 16, 65 and 92) and 84 planted Victorian native trees (of which only 13 are indigenous to this area of Victoria) is considered acceptable given that it will allow a positive subdivision design outcome and will maximise the longer term protection of six River Red Gums, 11 other native Victorian trees and 3 Non-Victorian Australian natives.

 

The removal of the vegetation is required to facilitate the proposed subdivision and road layout in accordance with the provisions of the Mernda West Development Plan.  It is extremely problematic to produce a development layout that maximises tree retention whilst providing a subdivision layout which ensures appropriate integration, lot size diversity, efficient open space provision, movement, and appropriate streetscape design. In this instance, it is considered that the proposed subdivision layout makes efficient use of the site and produces a positive design outcome which includes the:

 

·     Protection of the most significant trees within the public realm within an open space tree reserve rather than in a body corporate area.

·     Provision of a range of residential lot sizes.

·     Provision of a subdivision layout which promotes allotment frontage to roads (rather than side/rear fences).

·     Provision of a subdivision layout which integrates with the surrounding area.

·     Provision for public road connectivity and permeability within and external to the subject site.

A number of trees proposed to be removed are also located within proposed residential allotments. These trees will be significantly impacted by earthworks, road works, crossovers and filling.  Even if these trees could be retained, they will invariably grow very large and may represent a significant hazard to private property and people in the future.  The fact that these trees appear to be located in private lots would also mean Council would not be able to access the trees to undertake maintenance, including hazard reduction, pruning etc. 

The arboricultural and ecological assessments provided by the applicant confirm that the River Red Gums earmarked for removal are of poor to fair structure. In addition, the four planted River Red Gum trees and 84 planted Victorian native trees have all been determined to be planted for amenity or woodlot purposes, which is consistent with the Mernda West Development Plan which does not identify any remnant tress within the subject site.

The removal of the removal of 0.305 hectares of Valley Grassy Forest (EVC 47) and Plains Grassy Wetland (EVC 125), four planted River Red Gum trees (Trees 15, 16, 65 and 92) and 84 planted Victorian native trees (of which only 13 are indigenous to this area of Victoria) is considered appropriate in this instance as it will allow a balanced outcome to be provided by facilitating development that accords with the relevant policies of the Whittlesea Planning Scheme and Mernda West Development Plan.

It is considered that the relevant policy objectives relating to Clauses 22.10 (River Red Gum Protection Policy), 42.02 (Vegetation Protection Policy Overlay Schedule 1), and 52.17 (Native Vegetation Removal) of the Whittlesea Planning Scheme have been appropriately addressed in the planning assessment. Offsets in accordance with the provisions ‘Biodiversity Assessment Guidelines (DEPI 2013) and Native Vegetation Gain Scoring Manual (DEPI 2013)’ may be required as a condition on any permit that issues.

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

It is considered that the removal of 0.305 hectares of Valley Grassy Forest (EVC 47) and Plains Grassy Wetland (EVC 125), four planted River Red Gum trees and 84 planted Victorian native trees is in accordance with the relevant provisions of the Whittlesea Planning Scheme. The removal of four planted River Red Gum trees of fair to poor structure and 84 planted Victorian native trees is acceptable given the support by Council’s Parks and Open Space Department and Sustainability Planning Unit and the retention of six River Red Gums, 11 native Victorian trees and 3 Non-Victorian Australian natives in an open space reserve.  The vegetation removal is justified given the need to facilitate the construction of the subdivision and road network in order to provide for efficient access to a planned community.

Accordingly, it is recommended that the application for the removal of native vegetation be supported subject to appropriate conditions.

 

Recommendation

THAT Council resolve to approve Planning Application No. 716369 and issue a Planning Permit for the removal of native vegetation at 60 Sackville Street, Mernda in accordance with the endorsed plans and subject to the following conditions:

1.       No native vegetation may be removed until such time as a planning permit has been issued for the multi-lot subdivision of land at 60 Sackville Street, Mernda (Application No. 716121).

 

2.       No trees, dead or alive, or remnant vegetation, other than that shown on the endorsed plan, shall be destroyed, felled, lopped, ring barked or uprooted, without the consent of the Responsible Authority.

 

3.       Prior to the commencement of the tree removal works, all scattered trees and remnant vegetation to be retained must be protected in the following manner:

 

a) Trees are to be protected in accordance with the Tree Protection Zone (TPZ) to the standards requirements by the City of Whittlesea (SDL.2.01) and areas of native vegetation to be retained must be temporarily fenced. Fencing must comply with the Australian Standard for the protection of trees/native vegetation on development sites (AS4970-2009).

b) Fencing must be signposted as ‘Tree Protection Zone’ or “No Go Zone” and must remain in place for the entire construction period.

 

4.       In order to offset the removal of native vegetation (habitat hectares and scattered tree) approved as part of this permit, the applicant must provide a native vegetation offset that is in accordance with the Permitted Clearing of Native Vegetation – Biodiversity assessment guidelines and the Native Vegetation Gain Scoring Manual. The offset must contribute a gain of the required general biodiversity equivalence units, be located within the boundary of the Whittlesea municipality or the Port Phillip and Westernport Catchment Management Authority area, and have a strategic score of at least 80 per cent of the strategic biodiversity score of the native vegetation approved for removal. Before any native vegetation is removed, evidence that an offset has been secured must be provided to the satisfaction of the Responsible Authority.

 

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

 

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

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

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

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

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

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

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

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

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

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

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

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

 

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

 

19.     The permit for tree removal expires if it is not commenced and completed within   two years after the issue of the permit. Before the permit expires or within three months afterwards, the owner or 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 use or development or any stage of it may be started or any stage of it is to be completed.

 

Notes:

 

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

 

A consulting arborist must be employed to supervise works which may impact upon trees marked for retention on the approved plan.

 

The consulting arborist must conduct an induction of all personnel involved in construction that may impact on tree protection zones.

 

Any works within the tree protection zone should be completed or supervised by the consulting arborist.

 

The area inside the tree protection zone should, where considered relevant by the consulting arborist, be modified in the following manner to enhance the growing environment of the tree and to help reduce stress or damage to the tree:

 

·    the area within the tree protection zone may require mulch with wood chips or compost matter to a depth of 150 millimetres.

·    trees may require supplementary watering, with the amount to be assessed by the consulting arborist and determined by the extent of disturbance to the trees roots and climatic conditions.

·    where severing of roots (greater than 50 millimetres in diameter) is required directly adjacent to the exclusion zone they must be cut cleanly. Where possible this is to be completed at the beginning of development of the site. Roots are not to be left exposed, but back-filled or covered with damp hessian.

 

The storing or disposing of chemicals or toxic materials must not be undertaken within 10 metres of any tree protection zone. Where the slope of the land suggests these materials may drain towards a tree protection zone, the storing or disposing of these materials is strictly forbidden.

 

Tree protection envelope fencing is to be constructed to the following requirements:

 

·    Ring lock wire mesh (or equivalent) no less than 1.2 metres high.

·    Main posts 100mm treated pine (TP).

·    Intermediate posts steel star pickets (SP).

·    The corner posts are to be TP with TP stays.

·    Every third post is to be TP.

·    SP to be placed intermediately between the TP at 3m intervals.

·    The ring lock mesh to encircle the structure and be firmly secured at each post.

·    Posts must be sunk into the ground by 450mm (there is to be no concrete to secure posts as this may affect p.H. levels).

·    The tree protection zone is to be clearly sign posted in accordance with the condition titled Tree Protection Zone fencing.

 

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

Council Resolution

Moved:                       Cr Desiato

Seconded:               Cr Butler

 

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

Carried

 


Ordinary Council Minutes                                                             Tuesday 28 February 2017

 

6.1.12  Road Reserve Adjacent to 345W Plenty Road, Mill Park  - Removal of Native Vegetation (Single River Red Gum)

File No:                                  716389

Attachments:                        1        Locality Plan

2        Site Plan

3        Photo of tree to be removed   

Responsible Officer:           Director Planning & Major Projects

Author:                                  Planning Officer   

 

APPLICANT:                                  VicRoads

COUNCIL POLICY:              River Redgum Protection Policy

ZONING:                               Road Zone (Category 1)

OVERLAY:                            Not relevant

REFERRAL:                          Nil

OBJECTIONS:                      The application was not required to be advertised

RECOMMENDATION:         That the application be approved

Report

EXECUTIVE Summary

An application has been lodged by VicRoads to remove a single mature indigenous River Red Gum within the existing Plenty Road road reserve in Mill Park.  The removal of the tree is required to facilitate the upgrade of Plenty Road from four to six lanes between McKimmies Road and Bush Boulevard. 

Although planning provisions strongly encourage the retention of indigenous River Red Gums, the removal of this tree is necessary to accommodate critical road infrastructure to service the City’s growing population.  Engineering and design options to retain the tree are not considered feasible and would result in the project being unviable and would pose unacceptable safety risks to road users.

This report recommends that a planning permit be issued for the removal of the tree.  Conditions will ensure that there is an appropriate offset to compensate for the loss.

SITE AND SURROUNDING AREA

The tree is located within the Plenty Road road reserve in Mill Park approximately 1.0km north of the Childs Road intersection (see Attachment 1).  The tree is located between the existing northbound carriageway and a Council-owned tree reserve (345W Plenty Road) (see Attachment 2).  The Council reserve contains historic significant exotic memorial trees and a shared path running parallel with Plenty Road.  The memorial trees are protected within a Heritage Overlay and will be retained as part of the road widening works.  Land to the west of the road reserve and Council reserve forms part of the established Mill Park residential area.  Existing dwelling back on to the Council reserve.


 

Proposal

The application is for the removal of a single indigenous River Red Gum within the existing road reserve (see Attachment 3).  The removal is required to accommodate the upgrading of Plenty Road from a four lane to six lane divided arterial road (to be undertaken by successful contractors appointed by VicRoads).  The upgrade works are associated with a 2.8km section of Plenty Road between McKimmies Road and Bush Boulevard.  The works for Stage 1 of the broader Plenty Road upgrade.  In addition to the widening of Plenty Road, works will also include new signalised intersections at Mayfield Drive, a new signalised pedestrian crossing between Childs Road and Centenary Drive and the upgrade of four existing signalised intersections.

The above works will involve the removal of previously planted trees within the broader road reserve.  However, the tree considered in this report is the only tree that requires planning permission for removal.   The subject tree has been assessed by a consulting arborist appointed by VicRoads.  The findings from this report confirm that the tree (No. 736) is an indigenous River Red Gum (Eucalyptus camaldulensis) with a diameter of 92cm displaying good structure health and form.  The tree has a height of 27m and width of 14m.

The tree protection zone and structural root zone characteristics of the tree have been documented in the arborist report.  The proposed widening works will occur substantially within these critical zones and for this reason the tree is not capable of retention.

Public Notification

Advertising of the application was not required as officers formed the view that no persons would be materially affected by the removal. 

PLANNING ASSESSMENT

A planning permit is required for the removal of the tree pursuant to Clause 52.17 of the Whittlesea Planning Scheme.  While this provision sets out exemptions from the need to obtain a planning permit for the removal of native vegetation in order to maintain an existing road, VicRoads has determined in this instance that the subject tree will require removal as part of proposed new roadworks.  An exemption provision is therefore not available.

The State Planning Policy Framework (SPPF) (Clause 12.01) set out provisions for the protection of biodiversity and native vegetation management with an emphasis on avoiding and minimising losses.  Where losses are unavoidable offsets are required to contribute to biodiversity gains elsewhere.  Other SPPF provisions emphasise the need to improve roads in developing outer suburban areas to cater for car, bicycle and public transport – with an emphasis on providing safe and efficient transport corridors.

Local Planning Policy Framework provisions also require that Council recognise the importance of River Red Gums in providing character and identity to urban areas.  Clause 22.10 (River Red Gum Protection Policy) states that tree removal should be limited to only those trees independently assessed as presenting a danger to people and property (which has been demonstrated for the tree in question in the context of the proposed roadworks).

The subject land is included in a Road Zone Category 1 (RDZ1).  Council is required to have regard to the views of the relevant road authority (VicRoads) and consider the impact of proposals on the operation of the road and public safety.

Under Clause 52.17 of the Planning Scheme (native vegetation), Council is required to consider the steps that have been taken to minimise impacts and losses.  For the current proposal, Council can be satisfied that there are no viable alternatives to retain the tree.  The alignment of the road and its widening cannot be deviated around the tree (and the area required for its long term protection) without significant impacts on road function and safety.  Any realignment would also prejudice the ability of Plenty Road to accommodate a light rail extension within the central median at a future date.

VicRoads is committed to providing an offset for the loss of the tree under conditions of permit.  In addition, it should be noted that the upgrading of Plenty Road will be accompanied by urban and landscape design treatments which will include supplementary planting (in addition to the offset requirements).  Further conditions will ensure that the removed tree continue to be used for habitat purposes where feasible.

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

VicRoads, as the responsible road authority, have requested the removal of a single River Red Gum, to facilitate the upgrade of Plenty Road.  The authority has demonstrated that the loss is unavoidable and necessary under the provisions of the Whittlesea Planning Scheme.  Accordingly, it is recommended that a planning permit be issued, including conditions for an offset to compensate for the loss.

 

Recommendation

THAT Council resolve to approve Planning Application No. 716389 and issue a Notice of Decision to Grant a Permit for the removal of native vegetation (one River Red Gum) on the road reserve of Plenty Road, Mill Park, subject to the following conditions:

1.       The tree authorised for removal under this permit is Tree No. 736 as identified in the Aboricultural Construction Impact Assessment (Greenwood Consulting Pty Ltd, 2017).

2.       In order to offset the removal of native vegetation approved as part of this permit, the permit holder must provide a native vegetation offset prior to the removal of the native vegetation.  The offset must be in accordance with the Permitted Clearing of Native Vegetation – Biodiversity assessment guidelines and the Native Vegetation Gain Scoring Manual. The offset must contribute a gain of the required general biodiversity equivalence units, be located within the boundary of the Whittlesea municipality or the Port Phillip and Westernport Catchment Management Authority area, and have a strategic score of at least 80 percent of the strategic biodiversity score of the native vegetation approved for removal. Before the native vegetation is removed, evidence that an offset has been secured must be provided to the satisfaction of the Responsible Authority.

3.       The permit holder must ensure that the removal of the tree is carried out in a safe manner to the satisfaction of the Responsible Authority and VicRoads.

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

5.       Wherever possible and appropriate, the removed tree should be relocated and placed within nearby conservation areas for habitat purposes or reused in open space as urban art, park furniture and/or other uses determined appropriate by the Responsible Authority or VicRoads.

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

7.       The permit for tree removal expires if it is not commenced and completed within two years after the issue of the permit. Before the permit expires or within six months afterwards, the permit holder may ask the responsible authority for an extension of time. The Responsible Authority may extend the time within which the native vegetation removal may be started or completed.

 

Council Resolution

Moved:                       Cr Kelly

Seconded:               Cr Butler

THAT Council resolve to approve Planning Application No. 716389 and issue a Planning Permit for the removal of native vegetation (one River Red Gum) on the road reserve of Plenty Road, Mill Park, subject to the following conditions:

1.       The tree authorised for removal under this permit is Tree No. 736 as identified in the Aboricultural Construction Impact Assessment (Greenwood Consulting Pty Ltd, 2017).

2.       In order to offset the removal of native vegetation approved as part of this permit, the permit holder must provide a native vegetation offset prior to the removal of the native vegetation.  The offset must be in accordance with the Permitted Clearing of Native Vegetation – Biodiversity assessment guidelines and the Native Vegetation Gain Scoring Manual. The offset must contribute a gain of the required general biodiversity equivalence units, be located within the boundary of the Whittlesea municipality or the Port Phillip and Westernport Catchment Management Authority area, and have a strategic score of at least 80 percent of the strategic biodiversity score of the native vegetation approved for removal. Before the native vegetation is removed, evidence that an offset has been secured must be provided to the satisfaction of the Responsible Authority.

3.       The permit holder must ensure that the removal of the tree is carried out in a safe manner to the satisfaction of the Responsible Authority and VicRoads.

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

5.       Wherever possible and appropriate, the removed tree should be relocated and placed within nearby conservation areas for habitat purposes or reused in open space as urban art, park furniture and/or other uses determined appropriate by the Responsible Authority or VicRoads.

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

7.       The permit for tree removal expires if it is not commenced and completed within two years after the issue of the permit. Before the permit expires or within six months afterwards, the permit holder may ask the responsible authority for an extension of time. The Responsible Authority may extend the time within which the native vegetation removal may be started or completed.

Carried

 


Ordinary Council Minutes                                                             Tuesday 28 February 2017

 

6.1.13  95 Williamsons Road, South Morang - Removal of Native Vegetation (Two River Red Gums)

File No:                                  716404

Attachments:                        1        Locality Map

2        Site Plan

3        Photos   

Responsible Officer:           Director Planning & Major Projects

Author:                                  Planning Officer   

 

APPLICANT:                                  City of Whittlesea

COUNCIL POLICY:              River Redgum Protection Policy

ZONING:                               Public Use Zone

OVERLAY:                            Nil

REFERRAL:                          Department of Environment, Land, Water and Planning (DELWP)

OBJECTIONS:                      The application was not required to be advertised

RECOMMENDATION:         That the application be approved

Report

EXECUTIVE Summary

The application seeks approval to remove two mature indigenous River Red Gums on public land under the control of Melbourne Water at 95 Williamsons Road, South Morang.  The land currently forms part of a utility installation (water storage reservoirs/ tanks and pump station associated with the Yan Yean Reservoir water main).  The subject trees are located on the southern part of the land required for the future extension of Findon Road.  This portion of the land is currently not used or proposed to be used for utility purposes.  While arrangements for the transfer of the Melbourne Water Land to Council for road purposes is advanced, resolution of the tree removal is required at this time because the trees are located on a section of the proposed road extension in proximity to the Mernda rail corridor and it is necessary that Council and the Victorian Level Crossing Authority (LXRA) coordinate works at this location.

Although planning provisions strongly encourage the retention of indigenous River Red Gums, the removal of the trees is necessary to accommodate critical road infrastructure to service the City’s growing population.  Engineering and design options to retain the trees are not considered feasible, would result in the project being unviable and would pose unacceptable safety risks to future road users.

This report recommends that a planning permit be issued for the removal of the trees.  Conditions will ensure that there is an appropriate offset to compensate for the losses.

SITE AND SURROUNDING AREA

The trees are located on public land under the control of Melbourne Water Corporation (MW) (see Attachment 1).  The public land comprises 95 Williamsons Road (the land on which the two tree are proposed for removal) and a further land parcel described as 522 McDonalds Road.  The above MW land comprises an area of approximately 10ha.  The land is used for the purpose of a utility installation and contains four large potable water storage reservoirs.  The reservoirs are connected to the Yan Yean to Reservoir water main.  Pump stations located on the land assist in the distribution and storage of potable water for the surrounding metropolitan area. 

The subject land is bounded by Williamsons Road to the north, the MW pipetrack reservation (historic former Yan Yean aqueduct) to the west, the Mernda rail corridor and  former station land to the south and private vacant land to the east.  Approximately 2.8ha of the western and southern portion of the MW land has recently been declared surplus to State Government requirements and is in the process of being sold to allow development in and around the proposed Marymede train station.  The southwest portion of the land is also surplus to future utility requirements and this land (which contains the two trees proposed for removal) will be transferred to Council and VicRoads for the purpose of the Findon Road alignment.

Proposal

The Application is for the removal of two indigenous River Red Gums on land proposed for the northern carriageway of the Findon Road extension (see Attachment 2).  The trees are in very close proximity to the Findon Road overpass of the railway corridor (on which railway works are soon to commence).  The two trees have been assessed by ecological consultants appointed by Council who have confirmed that the trees (Nos. 25 and 26) are very large indigenous River Red Gums (Eucalyptus camaldulensis) with diameters of 126 and 128cm respectively (see Attachment 3).  The trees are in good condition.

The alignment of the northern carriageway associated with the Findon Road extension will directly impact on the trees.  The reasons why the alignment cannot avoid the trees is set out further in this report.

A number of other native trees within the MW land will also need to be removed to accommodate the future road alignment.  However, these additional trees are previously planted trees and their removal is exempt from the need to obtain a planning permit.

PUBLIC NOTIFICATION AND REFERRAL

Where a responsible authority is also the applicant for a planning permit, the Planning and Environment Act (1987) and Clause 67 of the Whittlesea Planning Scheme set out particular notice requirements.  In relation to the removal of native vegetation, Council was required to refer the application to the Department of Environment, Land, Water and Planning (DELWP).  The authority have indicated that it has no objection to the application subject to appropriate offset requirements.

Advertising of the application more broadly to surrounding property owners and occupiers was not required as officers formed the view that no persons would be materially affected by the removal.

Pursuant to Clause 36.01-3 of the Planning Scheme, an application made on land affected by a Public Use Zone by a person other than the relevant public land manager must be accompanied by the written consent of the public land manager.  Council has obtained the consent of MW for the application to be made in relation to the removal of the two trees (subject to Council being responsible for the offsetting and other conditions imposed under any planning permit)

PLANNING ASSESSMENT

A planning permit is required for the removal of the tree pursuant to Clause 52.17 of the Whittlesea Planning Scheme.  While this provision sets out exemptions from the need to obtain a planning permit for the removal of native vegetation in order to maintain an existing road, the removal in this instance is required for a proposed road.  An exemption provision is therefore not available.

The State Planning Policy Framework (SPPF) (Clause 12.01) set out provisions for the protection of biodiversity and native vegetation management with an emphasis on avoiding and minimising losses.  Where losses are unavoidable offsets are required to contribute to biodiversity gains elsewhere.  Other SPPF provisions emphasise the need to improve roads in developing outer suburban areas to cater for car, bicycle and public transport – with an emphasis on providing safe and efficient transport corridors.

Local Planning Policy Framework provisions also require that Council recognise the importance of River Red Gums in providing character and identity to urban areas.  Clause 22.10 (River Red Gum Protection Policy) states that tree removal should be limited to only those trees independently assessed as presenting a danger to people and property (which has been demonstrated for the trees in question in the context of the proposed roadworks).

The subject land is currently included in a Public Use Zone (Schedule 1 – Service and Utility) and at a future date will be included in a Road Zone (Category 1).  Under the current zone, Council is required to have regard to the views of relevant public land managers.  Both MW and DELWP consent to the application proposal (subject to appropriate offsets).  It should also be noted that the Findon Road alignment and its design also accords with the requirements of VicRoads and the LXRA.

Under Clause 52.17 of the Planning Scheme (native vegetation), Council is required to consider the steps that have been taken to minimise native vegetation impacts and losses.  For the current proposal, Council can be satisfied that there are no viable alternatives to retain the trees.  The alignment of the road cannot in this instance be deviated to the south of the subject trees without significant impacts on road function and safety.  The Findon Road extension alignment is highly constrained from an engineering design perspective because of fixed end points, arterial road design speeds, crossings of the MW pipetrack and Mernda rail reservations, the existing MW reservoirs and the location of pylons and overhead wires associated with the high voltage power transmission line easements through which the proposed arterial road must traverse.  In this context, it is critical that native vegetation removal be determined at an early stage of the planning process.

Council will be required to provide an offset for the loss of the tree under conditions of permit.  In addition, it should be noted that the Findon Road extension will be accompanied by urban and landscape design treatments which will include supplementary planting (in addition to the offset requirements).  Further conditions will ensure that removed trees continue to be used for habitat purposes.

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 removal of two mature River Red Gums is necessary to facilitate the Findon Road extension project.  The loss of the two trees has been assessed as unavoidable and necessary under the provisions of the Whittlesea Planning Scheme.  Accordingly, it is recommended that a planning permit be issued, including conditions for an offset to compensate for the losses.

 

Recommendation

THAT Council resolve to approve Planning Application No. 716404 and issue a Notice of Decision to Grant a Permit for the removal of native vegetation (two River Red Gums) on 95 Williamsons Road, South Morang, subject to the following conditions:

1.       The tree authorised for removal under this permit are Tree Nos. 25 and 26 as identified in the Flora and fauna report on land along proposed Findon Road alignment, South Morang (Abzeco, Report 0640, Ver. 1.2, March 2013).

2.       In order to offset the removal of native vegetation approved as part of this permit, the permit holder must provide a native vegetation offset prior to the removal of the native vegetation.  The offset must be in accordance with the Permitted Clearing of Native Vegetation – Biodiversity assessment guidelines and the Native Vegetation Gain Scoring Manual. The offset must contribute a gain of the required general biodiversity equivalence units, be located within the boundary of the Whittlesea municipality or the Port Phillip and Westernport Catchment Management Authority area, and have a strategic score of at least 80 percent of the strategic biodiversity score of the native vegetation approved for removal. Before the native vegetation is removed, evidence that an offset has been secured must be provided to the satisfaction of the Responsible Authority.

3.       The permit holder must ensure that the removal of the tree is carried out in a safe manner to the satisfaction of the Responsible Authority and Melbourne Water Corporation.

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

5.       Wherever possible and appropriate, the removed trees should be relocated and placed within nearby conservation areas for habitat purposes or reused in open space as urban art, park furniture and/or other uses determined appropriate by the Responsible Authority or Melbourne Water.

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

7.       The permit for tree removal expires if it is not commenced and completed within two years after the issue of the permit. Before the permit expires or within six months afterwards, the permit holder may ask the responsible authority for an extension of time. The Responsible Authority may extend the time within which the native vegetation removal may be started or completed.

 

 

 


 

 

Council Resolution

Moved:                       Cr Alessi

Seconded:               Cr Monteleone

THAT Council resolve to approve Planning Application No. 716404 and issue a Planning Permit for the removal of native vegetation (two River Red Gums) on 95 Williamsons Road, South Morang, subject to the following conditions:

1.       The tree authorised for removal under this permit are Tree Nos. 25 and 26 as identified in the Flora and fauna report on land along proposed Findon Road alignment, South Morang (Abzeco, Report 0640, Ver. 1.2, March 2013).

2.       In order to offset the removal of native vegetation approved as part of this permit, the permit holder must provide a native vegetation offset prior to the removal of the native vegetation.  The offset must be in accordance with the Permitted Clearing of Native Vegetation – Biodiversity assessment guidelines and the Native Vegetation Gain Scoring Manual. The offset must contribute a gain of the required general biodiversity equivalence units, be located within the boundary of the Whittlesea municipality or the Port Phillip and Westernport Catchment Management Authority area, and have a strategic score of at least 80 percent of the strategic biodiversity score of the native vegetation approved for removal. Before the native vegetation is removed, evidence that an offset has been secured must be provided to the satisfaction of the Responsible Authority.

3.       The permit holder must ensure that the removal of the tree is carried out in a safe manner to the satisfaction of the Responsible Authority and Melbourne Water Corporation.

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

5.       Wherever possible and appropriate, the removed trees should be relocated and placed within nearby conservation areas for habitat purposes or reused in open space as urban art, park furniture and/or other uses determined appropriate by the Responsible Authority or Melbourne Water.

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

7.       The permit for tree removal expires if it is not commenced and completed within two years after the issue of the permit. Before the permit expires or within six months afterwards, the permit holder may ask the responsible authority for an extension of time. The Responsible Authority may extend the time within which the native vegetation removal may be started or completed.

 

Carried