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Minutes

 

OF Ordinary
COUNCIL MEETING

HELD ON

Tuesday 30 May 2017

AT 6.30PM

In Council Chamber, 25 Ferres Boulevard, South Morang


Ordinary Council Minutes                                                                     Tuesday 30 May 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 30 May 2017

 

 

 

SENIOR OFFICERS

 

 

LIANA THOMPSON                          ACTING 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

BELGIN BESIM                                  ACTING DIRECTOR PARTNERSHIPS & ENGAGEMENT

ANGELO MAMATIS                          TEAM LEADER GOVERNANCE

 


Ordinary Council Minutes                                                                     Tuesday 30 May 2017

 

 

ORDER OF BUSINESS

The Acting 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

1.4         State Taxation Acts Amendment Bill. 9

1.5         edgards road extension.. 10

2.            Apologies.. 11

3.            Declarations of Interest.. 11

4.            Confirmation of Minutes of Previous Meeting.. 11

5.            Consideration and Action on Petitions and Joint Letters.. 13

5.1         Petitions.. 13

5.1.1       Edgars Road.. 13

5.2         Joint Letters.. 14

6.            Officers’ Reports.. 15

6.1         Planning and Major Projects.. 17

6.1.1       94 Prince of wales avenue, mill park - Construction of a dwelling to the rear of an existing dwelling.. 17

6.1.2       788 and 790 Plenty Road, South Morang - Construction of 15 dwellings, reduction of car parking requirements and alteration  of access to a Road Zone Category 1. 25

6.1.3       33 Central Avenue, Thomastown - Construction of six dwellings.. 39

6.1.4       Amendments to the Cookes Road Development Plan and Bond Property Development Plan.. 51

6.1.5       Planning Scheme Amendment Request- Cooper Street, Epping   57

6.1.6       20-22 Settlement Road Bundoora - Construction of a Four Storey Residential Building Comprising 24 Dwellings with Basement Car Parking and Creation of an Access to a Road Zone (Category 1) 69

6.1.7       3 Development Boulevard, Mill Park - Use and Development of a childcare centre, removal of native vegetation, buildings and works associated with an office and warehouse, a reduction in car parking requirements and display of business identification signage. 85

6.1.8       2365 Plenty Road, Whittlesea - Buildings and works associated with an existing facility used for leisure and recreation (Funfields) 101

6.2         Community Services.. 109

6.2.1       City of Whittlesea Stretch Reconciliation Action Plan 2017-2020  109

6.3         City Transport and Presentation.. 113

6.3.1       ROAD MANAGEMENT PLAN.. 113

6.3.2       Orchard Road Petition.. 119

6.3.3       Tasman Drive, Bundoora - Parking Issues (Joint Letter) 123

6.3.4       SERVICE PLANNING & REVIEW REPORT - WASTE MANAGEMENT SERVICES.. 133

6.4         Corporate Services.. 141

6.4.1       Property Strategy.. 141

6.4.2       Assemblies of Councillors - 30 May 2017. 147

6.4.3       ADOPTION OF 'SHAPING OUR FUTURE' COUNCIL PLAN 2017-2021  151

6.4.4       DECLARATION OF RATES AND ADOPTION OF 2017/18 BUDGET. 155

6.5         Partnerships & Engagement.. 169

6.5.1       City of Whittlesea Participation and Engagement Policy and Framework.. 169

6.5.2       Extension of Appointment - Acting Chief Executive Officer   173

6.6         Executive Services.. 175

Nil Reports.. 175

7.            Notices of Motion.. 177

7.1           LIVE STREAMING OF COUNCIL MEETINGS.. 177

8.            Questions to Officers.. 177

9.            Urgent Business.. 177

10.         Reports from Delegates Appointed to Council by Other Bodies.. 177

11.         Questions to Councillors.. 177

12.         Confidential Business.. 179

12.1       Planning and Major Projects.. 179

12.1.1    EXTENSION AND RENOVATION WORKS AT JANEFIELD COMMUNITY CENTRE, BUNDOORA CONTRACT 2017-44 - TENDER EVALUATION REPORT. 179

12.2       Community Services.. 179

Nil Reports.. 179

12.3       City Transport and Presentation.. 179

12.3.1    Hanson Landfill Services Agreement 1986 (Amended) Provision of Tip Vouchers - Contract Variation.. 179

12.3.3    2016-62 Mechanical Services.. 179

12.3.2    Provision of Concrete Maintenance Works Contract No 2016-186 - Tender Evaluation.. 179

12.4       Corporate Services.. 179

12.4.1    panel contract expenditure distribution.. 179

12.4.2    Tender Evaluation - 2017-13 Bill Payment Services.. 179

12.5       Partnerships & Engagement.. 179

Nil Reports.. 179

12.6       Executive Services.. 179

12.6.1    MEETINGS OF THE CHIEF EXECUTIVE OFFICER 1 May to 19 May 2017  179

13.         Closure.. 180

 

 

Note:

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

 

 

 


Ordinary Council Minutes                                                                     Tuesday 30 May 2017

 

1.         Opening

1.1       MEETING OPENING AND PRAYER

The Director City Transport & Presentation 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)

Emilia Lisa Sterjova             Councillor (North Ward)

Norm Kelly                           Deputy Mayor (South East Ward)

Sam Alessi                           Councillor (South East Ward)

Alahna Desiato                    Councillor (South East Ward)

Mary Lalios                          Councillor (South East Ward)

Lawrie Cox                          Councillor (South West Ward)

Stevan Kozmevski              Councillor (South West Ward)

Caz Monteleone                  Councillor (South West Ward)

Kris Pavlidis                         Councillor (South West Ward)

 

Officers:

Ms Liana Thompson            Acting Chief Executive Officer (arrived at 7.38pm)

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 Belgin Besim                  Acting Director Partnerships & Engagement

Mr Angelo Mamatis             Team Leader Governance

1.4       State Taxation Acts Amendment Bill

The Mayor read the following statement:

I need to bring to your attention a bill currently before Parliament that is seeking to fundamentally change the way land valuations are undertaken in Victoria.  If the bill passes, it will have significant impacts not just for the City of Whittlesea’s revenue but for the whole the Victorian Local Government sector.

Currently, local councils carry out general valuations of land every two years, and supplementary valuations when a property changes. The valuer general  reviews our valuations to make sure they are as accurate as possible. These valuations are used to determine the amount of rates a property owner pays. We also provide these valuations to Water Corporations and the State Revenue Office, for a fee.  The value of this to the City of Whittlesea is $4.5 million per year.

The State Taxation Acts Amendment Bill is trying to change the land valuation system so that the Valuer General will be solely responsible for carrying out land valuations which will be done on a yearly basis. Not only will local councils lose the revenue we would have otherwise have received from carrying out land valuations, but we will also be hit with bills from the Valuer General for receiving their land valuations.  Instead of Councils earning money to spend on what our community needs, the new system will mean we will essentially be paying the State Government for that same service.

This is bad news for local councils and our residents for a number of reasons.

•    Firstly, we estimate that these changes will cost the City of Whittlesea $4.5 million per year in lost income and the local government sector at least $50 million. This is money we will no longer be able to spend on community services and infrastructure. 

•    Secondly, we have serious concerns about the integrity of a process where the Valuer General will be responsible for both carrying out the valuations and reviewing them for accuracy. The current system where the Valuer General reviews our valuations is considered best practice. Other States and Territories in Australia where the Valuer General undertakes valuations have come under heavy scrutiny from their Auditor Generals.

•    Thirdly, the move to annual valuations will see many property owners paying more in rates and land taxes than they would under the current system of valuations every two years because of the compounding impact of annual increases. The State Government already receives $2.4 billion in land taxes and this will increase under the new system by approximately $200 million by 2019/2020.

The City of Whittlesea has been very proactive in advocating to stop these changes going ahead. We have spoken numerous times to the State opposition and have met with most of the cross benchers to put our case forward. We are encouraging all other councils to write to their local members and the cross benchers as well.  Based on what has been said in Parliament to date, our letters to MPs are clearly having an impact. 

The bill is set to be debated in the upper house of Parliament next week and we will continue to work our hardest to stop these changes going ahead.

1.5       edgards road extension

The Mayor read the following statement:

There has been some recent discussion around the topic of Edgars Road and I’d like to take this opportunity to make a statement.

The construction of Edgars Road between Willandra Drive and O’Herns Road is a very high priority in Council’s Road and Public Transport Plan.

The construction of this section of road is the responsibility of a developer who has recently purchased the relevant parcel of land

Council will work with the developer to seek the construction of the full length of the road as soon as possible.  We will help to facilitate this by forward funding developer contributions associated with this section of Edgars Road that we will collect in the future.

However, this process will only achieve a two lane Council road. Given the significant existing congestion in the area, it is Council’s view that a four lane State Government road is required on day one, in line with the State Government’s plan for this area. 

This means the State Government would need to fund the construction of the additional two lanes now, rather than some time into the future.

We were disappointed in the recent State Budget did not include a Northern Outer Suburban Arterial Roads package, similar to what is being delivered in the West.

This package could have included funding for the construction of roads like Edgars Road and improvements to existing congested arterial roads.

So we will continue to lobby to have Edgars Road included as a State Government Road.

2.         Apologies

Apology

An apology was received on behalf of Cr Butler.

Council Resolution

Moved:                       Cr Lalios

Seconded:               Cr Monteleone

 

THAT the apology from Cr Butler be received and leave be granted.

Carried

3.         Declarations of Interest

            NIL

4.         Confirmation of Minutes of Previous Meeting

Council Resolution

Moved:                       Cr Kelly

Seconded:               Cr Monteleone

 

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

Ordinary Meeting of Council held 9 May 2017

Carried


 5.        Consideration and Action on Petitions and Joint Letters

5.1       Petitions

5.1.1    Edgars Road

Cr Pavlidis tabled a petition received from a large number of residents regarding the completion of the connection of Edgars Road between Cooper Street and O’Herns Road in Epping. Petitioners call on Council to fulfil its promise to the residents of the Thomastown district to take responsibility and complete this road.

MOTION

Moved:                       Cr Pavlidis

Seconded:               Cr Kozmevski

 

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

AMENDMENT

Moved:                       Cr Lalios

Seconded:               Cr Kelly

 

THAT Council receive the petition and resolve to:

1.         Note that land in question is in the hands of a private owner who is not yet ready to develop the land.

2.         Advocate to Bronwyn Halfpenny, other local Members of Parliament and the State Government for funding to enable the construction of a four lane State Government arterial road on day one and not settle for a two lane Council road.

3.         To fast track the construction of Edgars Road as a four lane road, Council forward fund an amount equal to associated developer contributions for this section of the road.

4.         Immediately release the above information via media release to inform residents and write to every petitioner to explain Council's position.

Carried

 

The Amendment was put and carried and became the Substantive Motion.

The Substantive Motion was then put and carried.

 


 

SUBSTANTIVE Motion

Moved:                       Cr Lalios

Seconded:               Cr Kelly

 

THAT Council receive the petition and resolve to:

1.         Note that land in question is in the hands of a private owner who is not yet ready to develop the land.

2.         Advocate to Bronwyn Halfpenny, other local Members of Parliament and the State Government for funding to enable the construction of a four lane State Government arterial road on day one and not settle for a two lane Council road.

3.         To fast track the construction of Edgars Road as a four lane road, Council forward fund an amount equal to associated developer contributions for this section of the road.

4.         Immediately release the above information via media release to inform residents and write to every petitioner to explain Council's position.

Carried

Division

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

 

For

Cr Kirkham

Cr Kelly

Cr Lalios

Cr Monteleone

Cr Desiato

Against

Cr Kozmevski

Cr Alessi

Cr Cox

Cr Sterjova

Abstained

Cr Pavlidis

Based on the votes cast during the Division, the vote was tied.

Casting vote

In accordance with Clause 68 of the Procedural Matters Local Law the Mayor exercised his right to a casting vote to vote in favour of the substantive motion.

CARRIED

 

Suspension of Standing Orders

Moved:                       Cr Kirkham

Seconded:               Cr Kelly

 

THAT Council resolve to suspend Standing Orders to consider Officer’s Reports in the Notice Paper for the benefit of members of the public in the gallery.

Carried

5.2       Joint Letters

Nil Reports 

Council Resolution

Moved:                       Cr Lalios

Seconded:               Cr Kelly

 

THAT Council resolve to consider the report in relation to item 12.3.2 - Service Planning and Review Report – Waste Management, which is currently in the confidential section of the meeting, in the section of the meeting which is open to members of the public but with the exception of the attachment to the report which will remain confidential.

Carried

 


Ordinary Council Minutes                                                                     Tuesday 30 May 2017

 

6.         Officers’ Reports

Council Resolution

Moved:                       Cr Lalios

Seconded:               Cr Kelly

 

THAT Council resolve to adopt the Recommendations for items numbers 6.1.3, 6.1.4, 6.3.2, 6.4.1, 6.4.2 and 6.5.2.

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 30 May 2017

 

6.1       Planning and Major Projects

6.1.1    94 Prince of wales avenue, mill park - Construction of a dwelling to the rear of an existing dwelling

File No:                                  716223

Attachments:                        1        Locality Maps

2        Development Plans   

Responsible Officer:           Director Planning & Major Projects

Author:                                  Planning Officer   

 

APPLICANT:                                  Ikonomidis Reid

COUNCIL POLICY:              Nil

ZONING:                               General Residential Zone

OVERLAY:                            Development Contributions Plan Overlay (Schedule 3)

REFERRAL:                          Nil             

OBJECTIONS:                      Five

RECOMMENDATION:         That Council refuse the application

Report

EXECUTIVE Summary

The applicant proposes to construct a double storey dwelling behind the existing single storey dwelling on a corner allotment.  The existing dwelling is to be modified to provide a refurbished two-bedroom dwelling.  The new dwelling will comprise a four-bedroom dwelling fronting Lamina Avenue.

Advertising of the proposal resulted in five objections being received.  The grounds of objection relate to overlooking, overshadowing, inadequate parking and traffic congestion, construction impacts and property devaluation. Objections received were from adjoining and opposite property owners/ occupiers.

The proposal has been assessed as being deficient in terms of compliance with Clause 55 of the Whittlesea Planning Scheme and in particular does not meet objectives relating to neighbourhood character, residential policy, solar access to open space and design detail.

The Housing Diversity Strategy nominates the site as being within the Suburban Residential change area.  The proposal has been assessed as not being compliant with a number of Key Design Principles for this change area.  The proposed development and its design is considered deficient and not capable of being amended through conditions of any permit that may be issued.  Accordingly, it is recommended that Council refuse the application.

SITE AND SURROUNDING AREA

The subject site is located on the southern side of Prince of Wales Avenue, approximately 260m west of Pindari Avenue, Mill Park.  The site is flat and a regular shaped allotment. It provides a curved frontage to Prince of Wales Avenue of approximately 17.5m and a depth of approximately 33.0m, providing an overall site area of 530.6m2

The site is currently developed with a detached single storey brick dwelling with a pitched tile roof and detached garage to the rear of the site. Access to the site is currently provided through a single concrete crossing located off the southern corner of the property.  There is no vegetation of significance contained within the site.

The surrounding area is generally characterised by residential land uses with single storey dwellings being typical of the prevailing built form, as well as some examples of double storey built form to the east. A small number of multi dwelling developments exist to the west and southeast of the site.

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

·        Prince of Wales Park (60m southwest).

·        Bus route 569 – Epping Plaza SC to South Morang (70m southwest)

·        Mill Park Heights Primary School (600m southeast)

·        Mill Park Recreation Reserve (700m east)

restrictions and easements

Covenant N726773T affects the subject land and relates to restrictions in the materials to be used in any dwellings constructed on the land. The plans demonstrate compliance with this covenant restriction.

A 2.5m wide easement traverses the rear (southern) boundary of the property and contains Yarra Valley Water sewerage infrastructure. Aside from a picket fence and gate, no major buildings or works are proposed to be located over this easement.

Proposal

It is proposed to construct a double storey dwelling behind the existing single storey dwelling on the subject land (see Attachment 2).

Dwelling No. 1 has street frontage to Prince of Wales Avenue and will contain two bedrooms, a separate kitchen, a meals area, a living room, a rumpus room and amenities. Internal walls that make up two existing bedrooms are to be demolished to allow for the proposed rumpus room.  Demolition to the southern portion of the dwelling is also proposed to allow for an attached garage and revised meals area.

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

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

 

Height/Scale

Number of Bedrooms

Setbacks

Private Open Space

Car Parking

Maximum Height

Dwelling No. 1

Single Storey

2

6.1m front (north)

2.0m side (east),

3.4m side (west),

12.1m rear (south).

144m2

Including 25m2 of secluded private open space

Single garage (3.5m x 6.0m)

4.6m

Dwelling No. 2

Double Storey

4

3.0m front (west)

20.6m side (north),

2.9m side (south),

1.0m rear (east).

88m2

Including 25m2 of secluded private open space

Single garage (3.5m x 6.0m)

and open car space (2.6m x 4.9m)

7.3m

Public Notification

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

1.       Overlooking

2.       Overshadowing

3.       Parking/traffic congestion

4.       Construction concerns

5.       Property devaluation

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 of the proposal against the Strategy is provided under Standard B2 of the Clause 55 assessment further in this report.

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

Dwellings within the area have frontages which are articulated.  Generous areas of private open space are provided (having clear access to sunlight).  In contrast, the design of the proposed additional dwellings, in terms of overall form, scale and siting, is not considered consistent with this existing character.  In particular:

·      The secluded private open space areas proposed for both dwellings are poorly oriented and feature minimal dimensions.

·      The design for Dwelling No. 2 is visually bulky, top heavy, lacks separation and features a sheer wall column feature within the façade that is not consistent with neighbouring dwellings.

These deficiencies are indicative of the proposal being an overdevelopment.  A more modest development proposal that has regard to the particular constraints of the site may be capable of better addressing neighbourhood character objectives.

B2

Residential Policy

X

X

Although housing growth opportunities within this area of Mill Park are constrained because the area is not highly integrated with public transport and other activity, an additional dwelling will provide for housing diversity outcomes for this established area.  These outcomes generally accord with State and local planning policy (Clause 16 and Clause 21.09-2). 

However, the proposed design and layout of the modified existing dwelling and the additional dwelling does not adequately response to the HDS as required under Clause 29.01-4 of the Planning Scheme.  For the reasons further set out in this report, the proposal will not enhance the amenity of the surrounding neighbourhood as required for this change area (Strategy 1.4) and does not have regard to relevant key design principles (Strategy 2.1).

The subject site is located within the Suburban Residential Change Area which seeks to encourage a range of low to medium building heights that can be integrated within existing housing stock. Front setbacks are to provide generous landscaping opportunities including provision for canopy trees. Increased side and rear setbacks are encouraged to allow for appropriate landscaping and building separation.

While the additional dwelling does provide some opportunity for the provision of small canopy trees, the design does not adequately address key design measures relating to building articulation (particularly in relation to the front façade) and building separation.

B3

Dwelling Diversity

N/A

N/A

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

B4

Infrastructure

ü

ü

 

B5

Integration with the street

ü

ü

 

B6

Street setback

ü

ü

 

B7

Building height

ü

ü

 

B8

Site coverage

ü

ü

 

B9

Permeability

ü

ü

 

B10

Energy efficiency

ü

ü

 

B11

Open space

N/A

N/A

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

B12

Safety

ü

ü

 

B13

Landscaping

ü

ü

 

B14

Access

ü

ü

 

B15

Parking location

ü

ü

 

B17

Side and rear setbacks

ü

ü

 

B18

Walls on boundaries

ü

ü

 

B19

Daylight to existing windows

ü

ü

 

B20

North-facing windows

ü

ü

 

B21

Overshadowing open space

ü

ü

 

B22

Overlooking

ü

ü

 

B23

Internal views

ü

ü

 

B24

Noise impacts

ü

ü

 

B25

Accessibility

ü

ü

 

B26

Dwelling entry

ü

ü

 

B27

Daylight to new windows

ü

ü

 

B28

Private open space

ü

ü

 

B29

Solar access to open space

X

X

The secluded private open space area of Dwelling No. 1 is not setback far enough to the southwestern side wall in accordance with B29.  A consistent setback of 4.43m is required but not achieved due to the constraints of the existing dwelling and inability to provide this space elsewhere.

B30

Storage

ü

ü

 

B31

Design detail

X

X

The proposed façade treatment to Dwelling No. 2 lacks separation between levels and utilises inappropriately sized sheer column features.  This visually bulky design outcome represents a significant departure from the articulated façade treatments characteristic of the surrounding areas.  The objectives and standards are therefore not considered to have been met.

B32

Front fences

ü

ü

 

B33

Common property

ü

ü

 

B34

Site services

ü

ü

 

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.

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

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.

Comments on Grounds of Objection

1.       Overlooking

Objections from abutting properties have raised concerns about loss of privacy as a result of the proposed development.  The use of fixed obscure glazing to habitable room windows at the first floor level of Dwelling No. 2 would ensure that the proposal, if approved, would accord with Standard B22.

 

2.       Overshadowing private open space areas

Objections from abutting properties have raised concerns that the proposed development will result in overshadowing and a loss of sunlight to private open space areas and habitable rooms. However, the plans and shadow diagrams submitted, and the Clause 55 assessment, demonstrate compliance with Standards B19 and B21.

 

3.       Parking/traffic congestion (through the overdevelopment of the area)

It is considered that the general area is capable of accommodating a limited increase in density as part of any further development of the site for two dwellings. The proposal is compliant with the required car parking rates prescribed under of Clause 52.06, hence traffic congestion is unlikely to occur as a consequence of any approval.

 

4.       Impacts of construction activity

This objection notes the impact of the proposed buildings and works upon the boundary fence. This is a building issue that would be appropriately addressed by a qualified Building Surveyor in the event that a planning permit was granted.

 

5.       Property devaluation

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

Declarations of Conflicts of Interest

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

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

Conclusion

The application has been assessed against the Whittlesea Planning Scheme and in particular the objectives and standards of Clause 55, the State and local and local planning policy framework and the Housing Diversity Strategy.  The proposal demonstrates an unsatisfactory level of compliance, particularly in relation to neighbourhood character, residential policy, solar access to open space, and dwelling design.  Accordingly, it is recommended that the application be refused.

Recommendation

THAT Council resolve to Refuse Planning Application No. 716223 and issue a Refusal to Grant a Planning Permit for the construction of a dwelling to the rear of an existing dwelling, at 94 Prince of Wales Avenue, Mill Park, on the following grounds:

1.       The proposal does not comply with Clause 21.09 of the Whittlesea Planning Scheme.  Specifically, the application fails to comply with the Key Design Principles specified within the Housing Diversity Strategy and therefore does not achieve the objectives of 21.09-4 ‘Change Areas in the Established Suburbs’. 

2.       The proposal does not comply with Clause 55 of the Whittlesea Planning Scheme.  Specifically, the application does not achieve satisfactory compliance with the following objectives:

a)      Clause 55.02-1 Neighbourhood Character

b)      Clause 55.02-2 Residential Policy

c)      Clause 55.05-5 Solar Access to Open Space

d)      Clause 55.06-1 Design Detail

Council Resolution

Moved:                       Cr Lalios

Seconded:               Cr Kelly

 

THAT Council resolve to adopt the Recommendation.

UNAMIMOUSLY Carried

 


Ordinary Council Minutes                                                                     Tuesday 30 May 2017

 

6.1.2    788 and 790 Plenty Road, South Morang - Construction of 15 dwellings, reduction of car parking requirements and alteration  of access to a Road Zone Category 1

File No:                                  716247

Attachments:                        1        Locality Maps

2        Development Plans   

Responsible Officer:           Director Planning & Major Projects

Author:                                  Senior Planner   

 

APPLICANT:                                  MS Designer Living Pty Ltd

COUNCIL POLICY:              Nil

ZONING:                               General Residential Zone

OVERLAY:                            Development Contributions Plan Overlay

REFERRAL:                          VicRoads

OBJECTIONS:                      Three

RECOMMENDATION:         That the application be approved

Report

EXECUTIVE Summary

The applicant proposes to demolish the existing dwelling and construct 15 double storey dwellings.

Advertising of the proposal resulted in three objections being received. The grounds of objection relate to the overlooking and overshadowing into neighbouring properties, drainage impacts, insufficient landscaping and additional noise.

The proposal demonstrates a satisfactory level of compliance with the provisions of Clause 55 of the Whittlesea Planning Scheme. The proposal also meets the requirements relating to site coverage, permeability and the provision of private open space. Planning permit conditions are required to address some issues relating to overlooking and to improve vehicle access within the site.

The Housing Diversity Strategy (HDS) nominates this site as being within the Suburban Residential Change Area. The proposal has been assed as being generally in accordance with the density and design principles for this change area.  This report recommends that the application be approved.

SITE AND SURROUNDING AREA

The subject site is located on the southeastern side of Plenty Road, South Morang, between Allan Avenue and McGlynn Avenue, and is accessed via a service road (see Attachment 1). The site comprises two land parcels known as 788 and 790 Plenty Road, which yield a total site area of 2,600m2. 788 Plenty Road is currently vacant, whilst 790 Plenty Road is currently occupied by a double storey weatherboard dwelling. A 2m high bluestone fence is located along part of the front boundary of the site. Established planted trees are located within the front setback of the property. The site slopes approximately 2m from the front of the site to the rear boundary.

The surrounding area is considerably varied in character and development styles. The surrounding area is characterised by a mixture of established single and double storey dwellings.  The two land parcels abutting either side of the subject land contain older ‘flats’ (1970s) to the north and a medium density housing development (1990s) to the south.

Land to the northeast abutting Gorge Road contains a small commercial precinct.  The subject land is within a walkable 300m of this precinct.  The land opposite Plenty Road is also zoned for commercial purposes and contains the Axis Homemaker Centre.  However, Plenty Road is a significant physical barrier to this precinct and direct access is unavailable other than via the intersection at Plenty Road and Gorge Road/ McDonalds Road.

The subject site is located within proximity to the following services/facilities:

·    Gorge Road Local Shopping Centre (300m northeast)

·    Axis Homemaker Centre (approximately 500m via Plenty Road/ Gorge Road/ McDonalds Road intersection

·    Rivergum Village Shopping Centre (Approximately 500m southwest)

·    Bus Route 381 South Morang – Diamond Creek (310m northeast)

·    Bus Route 382 Whittlesea – Northland Shopping Centre (310m northeast)

·    Bus Route 901 Frankston – Melbourne Airport Smart Bus (310m northeast)

·    Allan Avenue and Delacombe Parks (360 south)

·    South Morang Preschool (500m northwest)

·    Morang South Primary School (850m east)

·    Westfield Shopping Centre Plenty Valley (1.1km west)

·    South Morang Train Station (2km west).

Planning History

Planning Permit No. 710718 was issued on 21 November 2008 at the direction of the Victorian Civil and Administrative Tribunal (VCAT). This permit allowed for the development of eleven single storey dwellings to the rear of the existing double storey dwelling.

Planning Permit No. 712664 was issued on 23 January 2012 also at the direction of VCAT for the development of a four storey residential building containing 42 dwellings following a refusal issued by Council. The permit was not acted on and a request for an extension of time was refused by officers under delegation in 2014 because at that time Council’s HDS had been adopted.  However, upon appeal at VCAT, this decision was overturned and a further extension of time granted until 2016.  A further extension beyond this period was not sought by the permit holder and the permit subsequently lapsed.

restrictions and easements

It is noted that Section 173 Agreement AG68375J was registered on the two titles of the subject site on 10 August 2009. This agreement requires that any development on the land be in accordance with the original Planning Permit (No. 710718) unless a new planning permit is issued.  There are no other restrictions on title that preclude Council from determining the application.

Proposal

It is proposed to construct 15 double storey dwellings (see Attachment 2). The existing dwelling will be demolished. Dwelling Nos. 1 and 9 to 15 are proposed to have a conventional layout with open plan living spaces and amenities provided at the ground floor and bedroom at the first level. Dwelling Nos. 2 to 8 are proposed as ‘reverse living’ where bedrooms are located at the ground level and the living spaces within the upper level. The reverse living arrangement also includes the provision of balconies at the upper level and a service yard at the ground level.

From the Plenty Road frontage the development presents as two double storey dwellings with remaining dwellings located directly behind these front dwellings. Dwelling No. 1 is provided with separate driveway while vehicular access to the remaining dwellings is via a common centrally located driveway. Two visitor car parking spaces are provided to the rear of Dwelling No. 1.

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

Dwelling No.

Height/Scale

Number of Bedrooms

Setbacks

Private Open Space

Car Parking

Maximum Height

1

Double Storey

3

6.6m front (northwest) and 0m side (southwest)

116m2 (including 33m2  of secluded private open space)

Double garage (6.0m x 5.5m).

7.9m

(overall)

2

Double Storey

2

1.5m side (southwest)

14m2 balcony with 11m2  of private open space at ground level.

Single garage (6.0m x 3.5m).

6.6m

(overall)

3

Double Storey

2

1.5m side (southwest)

14m2 balcony with 11m2  of private open space at ground level.

Single garage (6.0m x 3.5m).

6.8m

(overall)

4

Double Storey

2

1.5m side (southwest)

14m2 balcony with 11m2  of private open space at ground level.

Single garage (6.0m x 3.5m).

6.7m

(overall)

5

Double Storey

2

1.5m side (southwest)

14m2 balcony with 11m2  of private open space at ground level.

Single garage (6.0m x 3.5m).

6.7m

(overall)

6

Double Storey

2

1.5m side (southwest)

14m2 balcony with 11m2  of private open space at ground level.

Single garage (6.0m x 3.5m).

6.6m

(overall)

7

Double Storey

2

1.5m side (southwest)

14m2 balcony with 11m2  of private open space at ground level.

Single garage (6.0m x 3.5m).

6.8m

(overall)

8

Double Storey

2

0m side (southwest) and 4.0m rear (southeast)

14m2 balcony with 40m2  of private open space at ground level.

Single garage (6.0m x 3.5m).

6.7m

(overall)

9

Double Storey

3

3.6m side (northeast) and 3.7m rear (southeast)

85m2 (including 80m2  of secluded private open space)

Double garage (6.0m x 5.5m).

8.0m

(overall)

10

Double Storey

3

3.9m side (northeast)

41m2 (including 36m2  of secluded private open space)

Double garage (6.0m x 5.5m).

7.9m

(overall)

11

Double Storey

3

3.9m side (northeast)

41m2 (including 36m2  of secluded private open space)

Double garage (6.0m x 5.5m).

8.2m

(overall)

12

Double Storey

3

3.9m side (northeast)

41m2 (including 36m2  of secluded private open space)

Double garage (6.0m x 5.5m).

7.9m

(overall)

13

Double Storey

3

3.9m side (northeast)

41m2 (including 36m2  of secluded private open space)

Double garage (6.0m x 5.5m).

8.0m

(overall)

14

Double Storey

3

3.9m side (northeast)

41m2 (including 36m2  of secluded private open space)

Double garage (6.0m x 5.5m).

7.9m

(overall)

15

Double Storey

3

6.3m front (northwest) and 3.0m side (northeast)

122m2 (including 28m2  of secluded private open space)

Double garage (6.0m x 6.0m).

8.0m

(overall)

Public Notification

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

1.       Overlooking/ overshadowing

2.       Loss of amenity

3.       Drainage

4.       Insufficient Landscaping

The permit applicant took the initiative to work directly with objectors to resolve concerns. An alternative design outcome was proposed and as a consequence all objections were conditionally withdrawn.  However, the proposed changes will result in amenity impacts on other adjoining properties and further design issues within the proposed development (in relation to proposed Dwelling No. 8).  Because of these adverse outcomes the proposed amendments have not been formalised and do not form part of the current assessment.   The objections have therefore been reinstated and are further addressed in this report.

HOUSING DIVERSITY STRATEGY

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

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

ASSESSMENT AGAINST CLAUSE 55 OF THE WHITTLESEA PLANNING SCHEME

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

·    Must meet all of the objectives

·    Should meet all of the standards

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

 

 

ü - Compliance
× -  Non compliance

Objectives

Standards

Comments

B1

Neighbourhood Character

P

P

Developments within the area consist of both detached double and single storey dwellings and medium density housing developments. (fronting Plenty Road and abutting both sides of the subject land).  Neighbouring properties have varying street frontage setbacks ranging from 7-8m.

The proposed development and its design is generally consistent with the existing and emerging character of the area – particularly through the use of materials including concrete roof tiles and brickwork, 22 degree roof pitch (for those dwellings fronting Plenty Road), and front portico entrances.

B2

Residential Policy

P

P

The proposal provides an appropriate response to both the State and Local Planning Policy Frameworks through by providing diverse housing outcomes within an appropriate area.

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

The proposed development is generally consistent with the preferred density and key design principles outlined in the HDS. The scale of the development is consistent with the surrounding area. Areas set aside for landscaping are suitable and can accommodate canopy trees. 

The provision of balconies in lieu of ground level private open space for some of the proposed dwellings would not typically be supported within a Suburban Residential change area.  However, the particular context of this site and its proximity to public transport and nearby activity centres will reasonably allow this outcome.  It is further noted that the proposal provides a considerably reduced density to that previously supported by VCAT on this land under the previous permit.

B3

Dwelling Diversity

P

P

 

B4

Infrastructure

P

P

 

B5

Integration with the street

P

P

 

B6

Street setback

P

x

This standard requires the front setback of the proposed development to be the average of the adjoining properties which in this instance is 6.6m.  The proposed front setback is 6.3m, resulting in a minor and insignificant reduction to the standard of 0.3m.  This reduction is appropriate having regard to:

a)   The width of the property being 35.2m

b)   The service road separating the property form Plenty Road, and

c)   The provision of appropriate landscaping within the front setback.

B7

Building height

P

P

 

B8

Site coverage

P

P

 

B9

Permeability

P

P

 

B10

Energy efficiency

P

P

 

B11

Open space

N/A

N/A

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

B12

Safety

P

x

Should a permit be issued, a condition requiring lighting of the internal accessway will be required (and will need to be shown on the landscape plan).

B13

Landscaping

P

P

The provision of landscaping is considered to be appropriate with provision for canopy trees and appropriate understory plantings. Furthermore, the conditions of permit will require additional trees and plantings be provided at the rear of the subject site.

Recent planning scheme changes now specify a minimum ‘Garden Area’ that must be provided within a site. In this instance the application is exempt from this requirement as it was lodged prior to the requirement being introduced into the Whittlesea Planning Scheme on 27 March 2017.

 

B14

Access

P

P

 

B15

Parking location

P

x

In this instance the study nook to Dwelling Nos. 10 to 14 are setback between 0.5m to 1.0m from the common accessway. It is recommended that a condition requiring these windows to be double glazed be included should a permit be issued.

B17

Side and rear setbacks

P

P

 

B18

Walls on boundaries

P

P

 

B19

Daylight to existing windows

P

P

 

B20

North-facing windows

P

P

 

B21

Overshadowing open space

P

x

The proposed development will have a minor overshadowing impact on the private open space of two dwellings abutting the southwest boundary of the site. None of the affected owners or occupiers objected to the proposed development.  This minor encroachment has been assessed as an acceptable outcome.

B22

Overlooking

P

x

The proposed balcony to Dwelling No. 8 would result in the overlooking of properties adjoining the rear of the subject site. Accordingly, a permit conditions are required to address this.

While not a requirement of the Whittlesea Planning Scheme, a condition requiring the screening of the southeast portion of each balcony will improve the amenity and privacy of the proposed dwellings.

B23

Internal views

P

P

 

B24

Noise impacts

P

P

 

B25

Accessibility

P

P

 

B26

Dwelling entry

P

P

 

B27

Daylight to new windows

P

P

 

B28

Private open space

P

P

 

B29

Solar access to open space

P

P

 

B30

Storage

P

P

 

B31

Design detail

P

P

 

B32

Front fences

N/A

N/A

 

B33

Common property

P

P

 

B34

Site services

P

P

 

CAR PARKING 

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

Dwelling No.

No. of bedrooms

Car spaces required

Car spaces provided

Complies

1

3

2

2

Yes

2

2

1

1

Yes

3

2

1

1

Yes

4

2

1

1

Yes

5

2

1

1

Yes

6

2

1

1

Yes

7

2

1

1

Yes

8

2

1

1

Yes

9

3

2

2

Yes

10

3

2

2

Yes

11

3

2

2

Yes

12

3

2

2

Yes

13

3

2

2

Yes

14

3

2

2

Yes

15

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.

In addition to the parking provided for each dwelling, developments of five or more dwellings also need to provide visitor parking at a rate of one space for every five dwellings. Therefore the proposed development is required to provide three visitor spaces. In this instance, the application proposes to provide two visitor spaces resulting in the need for a reduction of one parking space. The prosed minor reduction is supported on the basis that the proposed access arrangements maximises on-street parking (within the service road) and furthermore there is availability for on-street parking within the immediate area.  Council’s Traffic Engineers support the proposed reduction

The design of the access arrangements do need some modifications in order to comply with the design requirements of Cluse 52.06 and to ensure that the development provides for a safe and practical outcome. It is proposed that the following matters will be addressed by permit conditions:

a)   The turning area at the rear of the property to be deleted and replaced with landscaping.

b)   The visitor parking spaces moved closer towards the southwest boundary to provide vehicles with a turning area at this location.

c)   Extend the 5m wide entrance for the first 7m from the front boundary.

The applicant has submitted a waste management plan as part of this application. Permit conditions are needed to ensure compliance with this plan.

Alteration of Access to Plenty Road

Clause 52.29 of the Whittlesea Planning Scheme requires planning permission for the creation or alteration of access to a road in a Road Zone Category 1. In this instance the service road to Plenty Road is contained within the Road Zone Category 1.  Accordingly, the application was referred to VicRoads.  The authority has consented to the proposal without conditions.

DEVELOPMENT CONTRIBUTIONS PLAN OVERLAY (SCHEDULE 3)

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

Comments on Grounds of Objection

1.       Overlooking/Overshadowing

As detailed earlier in this report, modifications are needed to address overlooking form the balcony of Dwelling No. 8. To this extent it is recommended that a permit condition be imposed requiring screening to be provided. 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 ResCode objective. 

2.       Loss of amenity

The objection relates to both engine noise and headlights from vehicles within the accessway adversely affecting the amenity of properties to the rear of the subject site. The applicant has expressed a willingness to address this concern and has agreed to provide a new fence with acoustic treatment to further protect the amenity of adjoining properties. This requirement forms part of the propose conditions of permit.

3.       Drainage

Conditions of any permit will require the preparation, submission and approval drainage plans.  Council’s engineers have advised that the site is capable of being connected to a reticulated drainage system.

4.       Insufficient landscaping

The objection relates to inadequate provision of landscaping to the rear of the site. As detailed earlier in this report, the turning area at the rear of the site is now not required and can be replaced with additional landscaping.

Declarations of Conflicts of Interest

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

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

Conclusion

The application has been assessed against the Whittlesea Planning Scheme and in particular the objectives and standards of Clause 55.  The proposal demonstrates a satisfactory level of compliance subject to minor modifications.  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. 716247 and issue a Notice of Decision to Grant a Permit for the construction of 15 dwellings at 788 and 790 Plenty Road South Morang, in accordance with the endorsed plans and subject to the following conditions:

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

2.       Prior to the endorsement of the plans, or at such later date as the Responsible Authority may approve in writing, there shall be lodged with the Responsible Authority an amount of $3,000 as security deposit for the satisfactory completion and maintenance of the landscaping works hereby permitted. Upon completion of the landscaping works to the satisfaction of the Responsible Authority, the Responsible Authority will refund the security deposit to payee of the deposit.

3.       Before the development hereby permitted starts, three copies of amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of this permit. The plans must be generally in accordance with the advertised plans but modified to show:

(a)     Details of feature fencing for all internal fences.

(b)     The accessway to be a minimum of 5m wide for the first 7m measured form the property frontage.

(c)     The vehicle turning area at the rear of the property to be deleted and replaced with landscaping.

(d)     Overlooking from the balconies to Dwelling No. 8 to comply with Standard B22 via the installation of a wall and fin extending perpendicular to the balcony wall.

(e)     The balcony wall required by condition No. 3 (d) also provided for all other balconies (one side of the balcony only) to create an improved sense of privacy for occupants using the balcony whilst maintaining surveillance of the common accessway.

(f)      A revised landscaping plan to show bollard lighting and reflecting all consequential modifications to the plans required by this permit. This plan must be prepared by a suitably qualified landscape designer.

(g)     A notation that the rear (southeast) fence is treated with acoustic materials to the satisfaction of the Responsible Authority.

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

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

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

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

8.       The collection of waste form the site must be undertaken in accordance with the Wastes Management Plan endorsed under this permit, to the satisfaction of the Responsible Authority.

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

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

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

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

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

14.     Prior to occupation of any dwelling 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.

15.     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.

16.     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.

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

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

19.     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.

20.     In accordance with the Planning and Environment Act 1987 a permit for the development expires his 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.

Street Numbering Note

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

 

Council Resolution

Moved:                       Cr Lalios

Seconded:               Cr Kelly

 

THAT Council resolve to refuse Planning Application No. 716247 and issue a Refusal  to Grant a Planning Permit for the construction of 15 dwellings, reduction of car parking requirements and alteration of access to a road in a Road Zone Category 1 at 788 and 790 Plenty Road, South Morang, on the following grounds:

1.         The proposed development does not achieve satisfactorily compliance with the following:

a.         Clause 55.02-1 (Neighbourhood character)

b.         Clause 55.03-1 (Street setback)

c.         Clause 55.03-7 (Safety)

d.         Clause 55.03-10 (Parking location)

e.         Clause 55.04-5 (Overshadowing)

f.          Clause 55.04-6 (Overlooking)

2.         The proposal does not comply with Clause 52.06 of the Whittlesea Planning Scheme with respect to the provision of visitor car parking spaces.

Carried


Ordinary Council Minutes                                                                     Tuesday 30 May 2017

 

6.1.3    33 Central Avenue, Thomastown - Construction of six dwellings

File No:                                  716339

Attachments:                        1        Locality Maps

2        Development Plans   

Responsible Officer:           Director Planning & Major Projects

Author:                                  Planning Officer Established Areas Planning   

 

APPLICANT:                                  Archsign Pty Ltd

COUNCIL POLICY:              Nil

ZONING:                               Residential Growth Zone

OVERLAY:                            Development Contributions Plan Overlay (Schedule 3)

REFERRAL:                          Nil

OBJECTIONS:                      Five

RECOMMENDATION:         That Council refuse the application.

Report

EXECUTIVE Summary

The applicant proposes the construction of six dwellings (comprising five triple-storey dwellings and one double-storey dwelling).

Advertising of the proposal resulted in five objections being received.  The grounds of objection relate to the multi-storey nature of the development not being in keeping with the neighbourhood character, excessive building height, privacy impacts, traffic and parking concerns, drainage issues, amenity impacts and property devaluation.

The Housing Diversity Strategy (HDS) nominates this site as being within a Neighbourhood Renewal Change Area.  The provision of medium density development within this area is encouraged.  However, the application proposal considered in this report has failed to meet a number of objectives and standards under the provisions of the Whittlesea Planning Scheme relating to ResCode (Clause 55) and parking provision.  These deficiencies suggest that the proposal is an overdevelopment of the site.

Council officers raised concerns with the applicant and encouraged amended plans on a number of occasions. However, the applicant has chosen to proceed with the current proposal.  This report therefore recommends that Council refuse the application.

SITE AND SURROUNDING AREA

The subject site is located on the southern side of Central Avenue, Thomastown approximately 80m east of Mount View Road (see Attachment 1).  The site is rectangular in shape and has a site area of 677m2 with a frontage to Central Avenue of 15.2m.  The site has no discernible slope. 

The subject site currently contains a single storey dwelling, detached garage and outbuildings.  The subject site also contains established gardens with lawn and some small trees located in the rear garden.  Access to the site is provided via a crossover and driveway located along the western boundary.

Directly to the east and west are dual occupancy developments.  Directly to the north and south are single dwelling developments.

The surrounding area is characterised by predominately single storey dwellings constructed from brick with tiled roofs.  However, the character of the area is changing with a number of medium density development now occurring along Central Avenue and other surrounding streets (Pleasant Road, Highlands Road and Mount View Road). 

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

·    High Street Strip Shops (300m east)

·    Bus Route 554 - Thomastown (300m east)

·    Thomastown Train Station (400m southeast)

·    Bus Route 559 – Thomastown (400m east)

·    Main Street Reserve (460m northwest)

·    The Boulevard Strip Shops (450m east)

·    Thomastown Primary School (600m southwest)

·    Lalor Shopping Centre (800m northeast)

restrictions and easements

The Certificate of Title for the property shows that the site is not affected by any relevant restrictions or easements.

Proposal

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

The ground level of Dwelling No. 1 (triple-storey) contains one bedroom (with ensuite), study nook and laundry. The first floor contains an open plan kitchen/dining/living area. Powder room and balcony and the second level contains a bedroom with walk-in-robe, retreat and ensuite.

Dwelling Nos. 2-5 each contain an entry, study nook and laundry at ground level, an open plan kitchen/dining/living area, powder room and balcony at first level and the second level contains two bedrooms and bathroom.

Dwelling No. 6 (double-storey) contains a bedroom (with ensuite), laundry and study nook at the ground level (including a service yard) and the first floor contains a second bedroom, bathroom and an open plan kitchen/dining/living area and balcony at the upper level.

Vehicular access to all dwellings is proposed via the existing crossover and driveway located along the western property boundary. Access to the visitor car space is also via this arrangement, with the space located at the rear of the development, adjacent to the garage proposed for Dwelling No. 6.


 

Details of the proposal are provided below:

 

Height/Scale

Number of Bedrooms

Setbacks

Private Open Space

Car Parking

Maximum Height

Dwelling 1

Triple Storey

2

5.4m front (north), 2.0m side (east), 2.0m side (west).

11m² balcony secluded private open space

Single garage (3.5m x 6.3m)

9.0m (overall)

Dwelling 2

Triple Storey

2

2.0m side (east), 1.4m side (west).

11m² balcony secluded private open space

Single garage (3.7m x 6.0m)

9.0m (overall)

 

Dwelling 3

Triple Storey

2

1.4m side (east), 3.1m side (west).

9m² balcony secluded private open space

Single garage (3.7m x 6.0m)

9.0m (overall)

 

Dwelling 4

Triple Storey

2

2.0m side (east), 1.4m side (west).

11m² balcony secluded private open space

Single garage (3.7m x 6.0m)

9.0m (overall)

 

Dwelling 5

Triple Storey

2

1.3m side (east), 3.6m side (west).

10m² balcony secluded private open space

Single garage (4.2m x 6.0m)

9.0m (overall)

 

Dwelling 6

Two Storey

2

0m side (east), 1.7m side (west) and 2.4m rear (south).

10m² balcony + 11m2 service yard

Single garage (3.7m x 6.0m)

6.4m (overall)

 

Public Notification

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

 

1.       Multi-storey nature and height of the development not in keeping with neighbourhood character.

2.       Increase in traffic and parking problems (safety concerns)

3.       Loss of privacy

4.       Amenity impacts (noise and odours)

5.       Drainage impacts

6.       Property devaluation

HOUSING DIVERSITY STRATEGY

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

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

ASSESSMENT AGAINST CLAUSE 55 OF THE WHITTLESEA PLANNING SCHEME

The following table provides details on whether the proposal complies with the requirements of Clause 55 of the WPS.  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 provision of well-designed higher density multi-unit development is considered to be in keeping with the emerging neighborhood character (to a more contemporary, modern character). However, as this particular site is a standard residential lot with a site area of only 677m2 (as opposed to a corner site or large consolidated lot) development potential for higher density outcomes is constrained. 

Overall, the proposed dwellings present a contemporary design in a neighborhood which currently contains some low-scale multi-dwelling developments. While this form of development is now encouraged in the area, it is considered that the continuous, dominant built form and reduced setbacks to side boundaries does not present an attractive or innovative design.

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

B2

Residential Policy

x

x

The Housing Diversity Strategy (HDS) nominates the site as being within the Neighbourhood Renewal Residential Change Area.  The proposal generally accords with preferred housing densities encouraged for this Change Area and some of the design principles.  However, it is considered that the cumulative impact of poor and unresponsive design outcomes do not meet the design principles for this Change Area. Specifically, a lack of functional private open space by providing low-amenity private open space areas (balconies), a lack of attractive landscaping to complement the built form, and a design that does not allow for passive surveillance from all dwelling levels.  The cumulative impact results in a overbearing development that does not respond positively to the preferred design outcomes envisaged for the area.  

B3

Dwelling Diversity

N/A

N/A

Only applicable to developments of ten or more dwellings.

B4

Infrastructure

P

P

 

B5

Integration with the street

P

P

 

B6

Street setback

x

x

The proposed setback of Dwelling No. 1 is 5.4m, 2.2m less than the required setback of 7.6m.

Given the number of other design deficiencies, the overdevelopment of the site and lack of any positive design outcome to compensate and justify a reduced setback, it is considered that a variation in this instance should not be supported.

B7

Building height

P

P

 

B8

Site coverage

P

P

 

B9

Permeability

P

P

 

B10

Energy efficiency

x

x

The building has not been oriented or designed to make appropriate use of solar energy. The narrowness of the north-south oriented block results in minimal northern windows provided to the majority of the habitable areas (only provided to the front, north-facing dwelling). It is considered that this deficiency cannot be remedied without a complete redesign of the proposal. 

B11

Open space

N/A

N/A

 

B12

Safety

x

x

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

The entrances to Dwelling Nos. 2-6 are obscured and isolated from the street and the design response has resulted in poor to no internal visibility/outlook for residents to undertake surveillance of entrance footpaths, car parking areas and internal accessways.

B13

Landscaping

x

x

A formal landscape plan has not been submitted with the application. It is considered that the landscaping opportunities within the site are minimal, and may not be viable given insufficient access to natural light and site coverage issues.

B14

Access

P

P

 

B15

Parking location

x

x

The car parking and waste management arrangements are considered inconvenient and unworkable. Turning templates have been applied and Council’s Traffic Engineers have confirmed that the proposed vehicle swept paths are very tight in relation to compliance with Clause 52.06 of the Whittlesea Planning Scheme. Further to this, the accessway width in front of Dwelling Nos. 1 and 5 does not accord with the Planning Scheme which requires a minimum width of 4.8m. This is due to the proposed location of the bins within the internal accessway. The bins would need to be relocated to an area not affecting vehicles entering the garages. In addition, a private waste collection of the site would need to be undertaken internally by a private collection service and managed by the owner’s corporation given the number of dwellings and site constraints. It is considered that a private waste collection may be difficult to provide and manage.

 

It is considered that the location of the visitor car space at the rear of the development does not provide convenient or safe access for visitors, particularly given that the entrance to each dwelling is only accessed via the proposed ‘gun-barrel’ entrance footpath along the eastern boundary.

 

Parking and access issues identified above are not considered capable of rectification through conditions. A redesign of the proposal would be necessary.

B17

Side and rear setbacks

x

x

The majority of side setbacks proposed for the first and second floors of Dwelling Nos. 1-5 do not comply with the minimum setback requirements relative to the building heights proposed (east and west side setbacks). In addition, the first floor of Dwelling No. 6 does not comply along the western side setback.  For a building height of approximately 6.3m (first floor) a setback of 1.81m is required, and for a building height of 9.0m (second floor) a setback of 4.1m is required. The application fails to achieve most of these side setbacks.

 

It is considered these deficiencies cannot be remedied without a complete redesign of the proposal. 

B18

Walls on boundaries

P

P

 

B19

Daylight to existing windows

P

P

 

B20

North-facing windows

P

P

 

B21

Overshadowing open space

x

x

As a consequence of non-compliance with Clause 55.04-1 (side and rear setbacks), it appears that there may be adverse overshadowing impacts to adjacent properties, particularly to the east in the afternoon. Shadow diagrams for 1pm and 2pm have not been submitted with the application to clarify this. Any overshadowing would be difficult to rectify without a full redesign of the proposal. Because insufficient information has been provided, the objectives and standards have been shown as not met.

B22

Overlooking

x

x

The upper level windows (double and triple storey) of each dwelling and associated balconies appear to have been designed so as to avoid direct views into the secluded private open space of other proposed dwellings and existing dwellings on adjoining properties.  This has been achieved through provision of privacy and louvre screening. However elevations which show the extent of these screens have not been provided to confirm compliance with this Clause. Based on the information provided in the application, the extent of screening proposed does not offer an innovative design outcome which could potentially minimise the need for extensive screening while still meeting Standard B22. This results in a ‘clunky’ and overbearing development in which Dwelling Nos. 2-5 will not have a reasonable level of internal amenity for future occupants.

B23

Internal views

P

P

 

B24

Noise impacts

P

P

 

B25

Accessibility

P

P

 

B26

Dwelling entry

x

x

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

B27

Daylight to new windows

P

P

 

B28

Private open space

x

x

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

B29

Solar access to open space

P

P

 

B30

Storage

x

x

Dwelling Nos. 2-5 are only provided with 4.6m3 storage area (6m3 required) of which is entirely internal. It is considered that the lack of storage space with inadequate dimensions and only internally accessible is symptomatic of the proposal being an overdevelopment.

B31

Design detail

x

x

The design response will result in a visually bulky development.  The vast majority of habitable room windows of each dwelling have not been designed to avoid direct views into the secluded private open space of adjoining properties or each other. As such, extensive screening and/or high-lite windows will be necessary in order to prevent overlooking. In addition, the balconies, while slightly larger than the 8m2 required, are all screened and without direct northern orientation. This treatment detrimentally impacts on internal access to daylight, the amenity of the habitable rooms and secluded private open space of the proposed dwellings.

 

The development proposes a narrow landscaped footpath along the eastern boundary and a shared concrete driveway on the western boundary. The driveway is minimal in width to accommodate vehicle movement which necessitates dwellings that are quite narrow and with ground floor spaces that are dominated by garages.

B32

Front fences

N/A

N/A

 

B33

Common property

P

P

 

B34

Site services

x

x

Provision for the storage of waste bins within and adjacent to the internal accessway is problematic and is likely to have an adverse impact on safe and efficient vehicle movements within the site (including waste collection). Areas to hang drying clothes do not appear to have been incorporated into the design response.

CAR PARKING 

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

Dwelling No.

No. of bedrooms

Car spaces required

Car spaces provided

Complies

1

2

1

1

Y

2

2

1

1

Y

3

2

1

1

Y

4

2

1

1

Y

5

2

1

1

Y

6

2

1

1

Y

Visitor Car Space

 

1

1

Y

 

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

Dwelling No. 1 proposes a large ‘retreat’ area at the second level. It is considered that this space could readily be converted to a third bedroom and thus slightly increase the required car parking rate. The living area proposed at the first floor for this dwelling is considered adequate, and the requirement for an additional retreat area is therefore considered excessive.

The car parking configuration and location for the visitor car space is considered unsatisfactory. A full redesign would be required to ensure satisfactory compliance. The location of the visitor car space at the rear of the development does not provide convenient or safe access for visitors to each of the dwellings, particularly given that the entrance to each dwelling is only accessed via the proposed gun-barrel entrance footpath along the eastern boundary.

DEVELOPMENT CONTRIBUTIONS PLAN OVERLAY (SCHEDULE 3)

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

Comments on Grounds of Objection

1.   The multi-storey nature of the development (including building height) not in keeping with the neighbourhood character.

 

There are no examples of similar double and triple storey built form in the immediate vicinity of the site. While this form of development may be expected on larger strategic sites as the area develops, it is not supported at the scale and density proposed on the subject land.  It is considered that the combination of the sheer, continuous built form will not integrate well with the existing housing in the immediate area, presenting a poor design response in the context of the site and surrounds, and the existing and preferred neighbourhood character.  Resident objections relating to these issues are therefore justified.

 

2.   Increase in traffic and parking problems (safety concerns)

 

The proposal provides for seven off street car spaces.  However, the workability and convenience of these spaces has been assessed as unsatisfactory and contrary to the requirements of Clause 52.06 and 55.03-10 of the Whittlesea Planning Scheme. 

 

3.   Loss of privacy

 

The upper level windows (double and triple storey) of each dwelling and proposed balconies appear to have been designed so as to avoid direct views into the secluded private open space of other proposed dwellings and adjoining properties through provision of privacy and louvre screening. However elevations which show the extent of these screens have not been provided to confirm compliance with this Clause. Therefore, without adequate plans to show compliance with this Clause, there is the potential for a loss of privacy.

 

4.   Amenity impacts (noise and odours)

 

The development as proposed complies with Standard B24 of the Whittlesea Planning Scheme which seeks to contain noise sources in developments that may affect existing dwellings and to protect residents from external noise.  The proposal is for residential use of the land in a residential area and the development will not require external mechanical plant or any other inappropriate source of noise.  While some additional noise will be generated by virtue of the greater number of residents on the land, this is acceptable in a residential area.  In terms of the impact of noise generated during the construction period, it can be expected that there will be some level of amenity loss due to noise generated by on-site building activities.  These activities will be required to comply with the Environment Protection (Residential Noise) Regulations 2008.

 

5.   Drainage impacts

 

The existing drainage issues within the area are subject to engineering controls and regulations. A Development Contribution Plan Overlay related to drainage is applicable to all permits issued and aims to improve and upgrade existing.  If a permit were to issue, a requirement to pay a contribution would be included as a condition..

 

6.   Property devaluation

 

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

Declarations of Conflicts of Interest

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

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

Conclusion

The application has been assessed against the Whittlesea Planning Scheme and in particular the objectives and standards of Clause 52.06, Clause 55 and the State and Local Planning Policy Frameworks including the Housing Diversity Strategy.  The proposal demonstrates an unsatisfactory level of compliance.  It is considered that the proposal is inappropriately designed, and will have a detrimental impact on the character of the neighbourhood and on existing surrounding residential properties. Accordingly, refusal of the application is recommended.

Recommendation

THAT Council resolve to Refuse Planning Application No. 716339 and issue a Refusal to Grant a Planning Permit for the construction of six dwellings at 33 Central Avenue, Thomastown on the following grounds:

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

a)      Clause 55.02-1 (Neighbourhood Character)

b)      Clause 55.02-2 (Residential Policy)

c)      Clause 55.03-1 (Street Setback)

d)      Clause 55.03-5 (Energy Efficiency)

e)      Clause 55.03-7 (Safety)

f)       Clause 55.03-8 (Landscaping)

g)      Clause 55.03-10 (Parking Location)

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

i)       Clause 55.04-5 (Overshadowing Open Space)

j)       Clause 55.04-6 (Overlooking)

k)      Clause 55.05-2 (Dwelling Entry)

l)       Clause 55.05-4 (Private Open Space)

m)     Clause 55.05-6 (Storage)

n)      Clause 55.06-1 (Design Detail)

o)      Clause 55.06-4 (Site Services)

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

3.       The proposal will result in an overdevelopment of the site and will have an adverse impact on neighbourhood character and onsite amenity.

Council Resolution

Moved:                       Cr Lalios

Seconded:               Cr Kelly

 

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

Carried

 


Ordinary Council Minutes                                                                     Tuesday 30 May 2017

 

6.1.4    Amendments to the Cookes Road Development Plan and Bond Property Development Plan

File No:                                  165957 & 145616

Attachments:                        1        Locality & Zoning Plan

2        Bond Property Development Plan - 2005

3        Cookes Road Development Plan - 2007

4        Painted Hills Recreation Reserve Masterplan

5        Mernda Strategy Plan - Precinct 2A Plan

6        Trees subject for removal

7        Proposed Bond Property Development Plan - 2017

8        Proposed Cookes Road Development Plan - 2017   

Responsible Officer:           Director Planning & Major Projects

Author:                                  Strategic Planner   

 

Report

EXECUTIVE Summary

The Painted Hills Recreation Reserve project is currently being considered under Planning Permit Application 716388 and is being facilitated by Council’s Major Projects Department. In accordance with the Mernda Strategy Plan, the Painted Hills Recreation Reserve will be utilised for active recreation with a proposal for two soccer pitches and associated club pavilion at the intersection of Eminence Boulevard and Painted Hills Road (directly north of Hazel Glen College).

 

The site is affected by two development plans - the Bond Property Development Plan and Cookes Road Development Plan. Both documents identify the subject site for active recreation, however do not provide specific details as to how the reserve will be developed. Further investigation of the site as part of the detailed master planning and planning permit process has identified two River Red Gum trees identified for retention within the Development Plans will adversely impact on the ability for this project to be implemented.

This report proposes the amendment of the Bond Property Development Plan and the amendment of the Cookes Road Development Plan, to provide for the removal of the two subject trees, to allow for the construction of the Painted Hills Recreation Reserve.

INTRODUCTION

The purpose of this report is to discuss the proposed amendments to the Bond Property Development Plan (BPDP) and the Cookes Road Development Plan (CRDP), by nominating the removal of two River Red Gum trees to allow for the construction of the Painted Hills Recreation Reserve at the corner of Eminence Boulevard and Painted Hills Road.

The amendment to the BPDP proposes to supersede the version that was approved in 2005 and the amendment to the CRDP will supersede the version that was approved in 2007.

BACKGROUND

The BPDP applies to a large landholding that was formerly known as 995 Yan Yean Road, and the CRDP is immediately south of the BPDP and applies to two former landholdings known as 195 Cookes Road and 265-285 Cookes Road (See Attachment 1). Both Development Plans (DPs) provide a preferred layout for subdivision and land use, which is largely reflected by today’s development pattern.

The BPDP was first considered by Council at its meeting of 24 June 2003 where it was resolved to approve the plan subject to a number of minor changes and conditions. This plan was approved under Development Plan Overlay – Schedule 5 (Clause 43.04 of the Whittlesea Planning Scheme) and on the basis that the plan was generally in accordance with the expectations of the Mernda Strategy Plan.

Since the approval of the BPDP in 2003, the BPDP has been amended once and this was in 2005. The change in 2005 reflected changes to the Mernda Strategy Plan which required more open space than was provided in the 2003 version of the DP. The 2005 amended plan is the current version of the BPDP (see Attachment 2).

The CRDP was considered by Council at its meeting of 20 March 2007, and as per the BPDP was approved subject to a number of minor changes and conditions. The CRDP was also approved under Development Plan Overlay – Schedule 5 (Clause 43.04 of the Whittlesea Planning Scheme) and on the basis that the plan was generally in accordance with the requirements of the Mernda Strategy Plan (see Attachment 3). To date, there have been no approved amendments to CRDP.

Both DPs identify the majority of their respective areas for residential development at both standard and medium densities. The CRDP also provides for a primary/secondary school on the CRDP, which today is known as the Hazel Glen P-12 College.

Both DPs have set aside a large portion of land (the south western corner of the BPDP and the north-western corner of the CRDP) for an active recreation reserve in accordance with the Mernda Strategy Plan. Significantly for the purposes of this report, both DPs also provide for retention and removal of nominated trees.

Planning Permit 716388 has been lodged by Council’s Major Projects Department to facilitate the construction of the Painted Hills Recreation Reserve (more specifically two soccer pitches and a pavilion) in accordance with the Painted Hills Recreation Reserve Masterplan (see Attachment 4), at the site nominated by the BPDP and CRDP. The Painted Hills Recreation Reserve Masterplan was considered by Council at its meeting on 8 October 2013 and was subsequently endorsed.

Through this planning permit assessment process it has been identified that the site cannot accommodate the two soccer pitches without the removal two River Red Gum trees, currently nominated for retention in both DPs.

PLANNING ASSESSMENT/FRAMEWORK

Mernda Strategy Plan

The subject land is included within the Mernda Strategy Plan (MSP), an Incorporated Plan within the Whittlesea Planning Scheme that guides the future direction of growth within the Mernda/Doreen growth corridor.

The MSP highlights the following key features that are applicable to the subject site (see Attachment 5):

·    Majority of the site developed for standard density residential (implemented through the existing development pattern);

·    Provision of a P-12 School (current day Hazel Glen College);

·    Provision of a north-south sub-arterial road (current day Flaxen Hills Road);

·    Provision of an east-west collector road (current day Cookes Road); and

·    Provision of active recreation reserve containing two soccer fields (the subject of this amendment proposal).

The MSP also sets out applicable development contributions to be satisfied for infrastructure, community and open space projects. These matters are generally dealt with as conditions of permit at the detailed subdivision stage.

Zoning

The subject land is affected by the General Residential Zone (GRZ) (Clause 32.08), which applies to the entire area of both DPs.

The GRZ aims to provide a diversity of housing types and moderate growth in locations offering good access to services and transport, as well as allowing some education, religious and community uses to serve the local community.

Overlays

The subject land is covered wholly by four planning scheme overlays, which include:

·    Vegetation Protection Overlay – Schedule 1 (VPO1) (Clause 42.02);

·    Incorporated Plan Overlay – Schedule 1 (IPO1) (Clause 43.03);

·    Development Plan Overlay – Schedule 5 (DPO5) (Clause 43.04); and

·    Development Contributions Plan Overlay – Schedule 2 (DCPO2) (Clause 45.06).

The Incorporated Plan Overlay requires the preparation of a strategic plan that will guide the future use and development of the land, prior to any formal consideration of any subdivision, use or development of the land. Schedule 1 of the IPO relates to the MSP.

The DPO5 applicable to the subject land requires that a Development Plan be prepared and endorsed by Council prior to formal consideration of any subdivision, use or development of the subject landholdings. The Development Plan must be produced in accordance with the provisions of the DPO Schedule 5 and the MSP.

The Vegetation Protection Overlay provisions more specifically aim to preserve and maintain significant native vegetation. Any removal of native vegetation generally requires vegetation offsets to be made. The provisions of the Vegetation Protection Overlay are considered as part of the proposal discussion below.

The Development Contributions Overlay sets out the requirements to deliver development contributions in accordance with the MSP.

SUMMARY OF PROPOSAL

It is proposed to amend the BPDP and CRDP to provide for the removal of two River Red Gums, currently nominated for retention. This is considered necessary to allow the development of the Painted Hills Recreation Reserve for two soccer pitches in accordance with the Council endorsed Masterplan. The changes will require the removal of two trees (see Attachment 6), to enable development of the second soccer pitch.

The trees for removal are described below. The trees are numbered as per the Arboricultural Asessment report submitted with Planning Permit application 716388.

·    Tree 1 is a River Red Gum tree and sits on the boundary of the CRDP and BPDP. The tree has been identified previously as having high significance. As the tree is located on the boundary of both the CRDP and BPDP both DPs will need to be amended.

Species

H x W

DBH (cm)

Health

Structure

Arboriculture Rating

Eucalyptus Camaldulensis (River Red Gum)

18 x1.4

143.3

Fair

Fair

Fair

·    Tree 2 is a River Red Gum tree located towards the centre of the site approximately 100m north of the intersection of Eminence Boulevard and Painted Hills Road and 75m south-west of Tree 1. The tree has been identified previously as having low significance. An amendment to the CRDP is required for this tree.

Species

H x W

DBH (cm)

Health

Structure

Arboriculture Rating

Eucalyptus Camaldulensis (River Red Gum)

18 x1.4

191.0

Poor

Poor

Poor

 

It is proposed to amend both DPs by identifying each tree as suitable for removal on each applicable DP (see Attachments 7 & 8).

DISCUSSION

Council’s Major Projects team currently has a planning permit application under assessment. This application proposes the delivery of the Painted Hills Recreation Reserve. This recreation precinct includes two full size soccer pitches along with a central pavilion which will accommodate change rooms, kiosk and storage. The recreation reserve has been planned for within the MSP, which identifies the site for “active recreation” (including the provision of two pitches). The proposed recreation reserve masterplan was considered by Council at its 8 October 2013 meeting, and was subsequently endorsed.

The proposed development cannot be implemented with retention of the subject trees as envisaged within the applicable DPs. As the trees are not identified for removal on the relevant DP, any planning permit proposal that nominates the removal of retained trees is not ‘generally in accordance’ with either of the DP’s and therefore cannot be considered for planning permission. The two trees currently that are proposed to be removed are classified as fair and poor respectively for health, structure and arboriculture value.

It is considered that a genuine attempt has been made to consider options to retain the trees, however given the dimensions of soccer pitches and the general shape and size of the site this has proven unachievable without removing other trees of higher significance, which are also identified for retention. It is acknowledged that the River Red Gums proposed for removal are not considered to be among the more significant of trees within the precinct which provide arboricultural, landscape, ecological and visual benefits.

The trees subject for removal will be replaced with appropriate landscaping adjacent to the soccer pitches and the pavilion to further contribute to the amenity of the area. The removal of the trees will also require a formal offset to be provided in accordance with the provisions of Clause 52.17 of the Whittlesea Planning Scheme. Formal consideration of any offsets will occur during the planning permit application stage.

The remaining trees not identified for removal have been classified as having high retention value. These trees will provide a higher level of amenity as they will be embellished with delineated tree protection zones; this is in accordance with the policy requirements of Clause 22.10 (River Red Gum Policy).

The amendments to the BPDP and CRDP for removal of two River Red Gum trees at the corner of Painted Hills Road and Eminence Boulevard, are required to ensure the development of the area is in accordance with the MSP. It is considered that the amendments provide Council and the community with increased certainty regarding the provision of the active recreation reserve, and aligns with the broader strategic planning for the area.

It is noted that although the effect of the Development Plan amendments is to allow for the consideration of the tree removals, the proposal still needs appropriate planning permission for tree removal and the overall development.

NOTIFICATION

It is considered that the nature of the changes do not warrant exhibition to adjoining landowners and the proposed changes are not considered to have a material detriment.

The proposed amendment maintains compliance with the strategic intent of MSP and the broader objectives of each DP.

POLICY STRATEGY AND LEGISLATION

The proposed amendments to the BPDP and CRDP are considered to meet the objectives of all relevant State and Local policies. It is also considered to meet the provisions of both the VPO1 and DPO5.

CRITICAL DATES

·    June 2003 – BPDP reported to and adopted by Council;

·    October 2005 – BPDP amended;

·    March 2007 – CRDP reported to and adopted by Council;

·    October 2013 – Painted Hills Recreation Reserve Master Plan reported to and adopted by Council;

·    March 2017 – Planning Permit Application 716388 lodged to facilitate the construction of the Painted Hills Recreation Reserve; and

·    April 2017 – Request to amend the BPDP and CRDP made.

Links to the CoUNCIL Plan

FUTURE DIRECTION          Places and spaces to connect people

Theme                                   Open space

Strategic Objective              We have open spaces that are welcoming and safe for public gathering

The amendments to the BPDP and CRDP will enable the Painted Hills Recreation Reserve to be delivered as envisioned by the Mernda Strategy Plan. Residents will be afforded a recreational centre that will provide social and community benefit to the area. 

Declarations of Conflicts of Interest

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

Under the current Development Plan provisions affecting the Painted Hills Recreation Reserve, the proposal for construction of a two soccer pitch facility, which requires two River Red Gums to be removed, cannot be considered generally in accordance with either the Bond Property Development Plan or  Cookes Road Development Plan.

Masterplanning for the development has investigated potential to retain the trees but the size and shape of the site and the nature of the proposed development has identified that unfortunately implementation cannot occur without the tree removal. This is due to the size of the soccer pitches necessitating the removal of two River Red Gums which are nominated for retention within both Development Plans.

Therefore it is proposed to amend the Development Plans to provide for the removal of the subject River Red Gums that are currently not nominated for removal to allow the development of the Painted Hills Road Recreation Reserve in accordance with the Development Plans and the Mernda Strategy Plan.

Accordingly, it is recommended that Council resolve to:

1.   Amend the Bond Property Development Plan to nominate one River Red Gum tree as suitable for removal as detailed within Attachment 7 of this report.

2.   Amend the Cookes Road Development Plan to nominate two River Red Gum trees as suitable for removal as detailed within Attachment 8 of this report.

It is noted that one of the subject trees is on the boundary of the two Development Plans and as such both Development Plans require amendment. Notwithstanding, only a total of 2 trees are affected.

RECOMMENDATION

THAT Council resolve to:

1.       Amend the Bond Property Development Plan to nominate one River Red Gum tree as suitable for removal as detailed within Attachment 7 of this report.

2.       Amend the Cookes Road Development Plan to nominate two River Red Gum trees as suitable for removal as detailed within Attachment 8 of this report.

Council Resolution

Moved:                       Cr Lalios

Seconded:               Cr Kelly

 

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

Carried

 


Ordinary Council Minutes                                                                     Tuesday 30 May 2017

 

6.1.5    Planning Scheme Amendment Request- Cooper Street, Epping

File No:                                  192273

Attachments:                        1        Location Map

2        Site Map

3        Proposed Framework Plan

4        Existing Zoning Plan

5        Proposed Zoning Plan

6        Environmental Audit Areas

7        Indicative Timeline   

Responsible Officer:           Director Planning & Major Projects

Author:                                  Senior Strategic Planner   

Report

EXECUTIVE Summary

Council has received a request to amend the Whittlesea Planning Scheme from Contour Town Planners on behalf of the land owner of 215 Cooper Street and 80 Deveny Road, Epping.

The proposed planning scheme amendment seeks to rezone the subject site to facilitate the rehabilitation and future redevelopment of the site for mixed use purposes, including commercial, retail and housing development. The amendment proposes to rezone the subject land to a number of appropriate land use zones to reflect the opportunities and constraints of the site and facilitate the proposed mixed use development. The amendment also proposed to apply the Environmental Audit Overlay and Development Plan Overlay.

The redevelopment of the site provides the opportunity for additional jobs and housing in close proximity to transport and services. The redevelopment also provides the opportunity to facilitate the remediation and management of a former quarry and landfill site, potential for the provision of social and affordable housing and the protection of Growling grass frog habitat.

Given, part of the site’s previous land use as a landfill and quarry, an Environmental Audit is currently being undertaken on the site, overseen by an independent Environmental Auditor.

To comply with Ministerial Direction No.1 Potentially Contaminated Land, an Environmental Audit Overlay will be applied to the portion of the land affected by previous quarrying and landfill activities to ensure that no sensitive uses can be occur until a Statement or Certificate of Environmental Audit has been issued. Further, it is recommended that the planning scheme amendment to rezone land to permit ‘sensitive uses’ not be finalised until a Statement of Environmental Audit has been issued for that land. This limits any risk associated with commencing the planning scheme amendment prior to a Statement of Environmental Audit being issued.

The facilitation of the development through a planning scheme amendment process will ultimately result in a number of environmental, social and economic benefits including:

·         remediation of a ‘identified’ contaminated areas;

·         enhancement of Edgars Creek and riparian corridor;

·         provision of a diversity of housing in proximity to jobs, services and public transport;

·         opportunity for social and affordable housing to be integrated into the residential development;

·         opportunity for additional health facilities and services in proximity to the Northern Hospital; and

·         additional employment and jobs in an established activity centre.

It is considered that there is a community benefit in commencing the planning scheme amendment to implement state policy and facilitate the remediation and redevelopment of the site. The process of commencing a Planning Scheme Amendment prior to the issuing of a Statement or Certificate of Environmental Audit is a common approach for large redevelopment sites comprising a range of complex issues. The risks associated with commencing the amendment prior to the completion of the Environmental Audit process are to be addressed through the proposed planning controls and conditions of seeking authorisation. It is recommended that Council seek authorisation from the Minister for Planning to commence and exhibit the planning scheme amendment subject to a condition that the amendment not be adopted until a Statement or Certificate of Environmental Audit has been issued for the subject land.

PURPOSE

The purpose of this report is to consider a request from the proponent acting for the land owner of 215 Cooper Street and 80 Deveny Road, Epping, for Council to commence amendment to the Whittlesea Planning Scheme to facilitate the rehabilitation and future redevelopment of the subject site for mixed use purposes.

INTRODUCTION

Council has received a request to amend the Whittlesea Planning Scheme from Contour Town Planners on behalf of the land owner of 215 Cooper Street and 80 Deveny Road, Epping.

The proposed planning scheme amendment seeks to rezone the subject site to facilitate the rehabilitation and future redevelopment of the site for mixed use purposes, including commercial, retail and housing development.

The land affected by the proposed amendment is shown in Attachments 1 and 2. The subject site is 215 Cooper Street and 80 Deveny Road, Epping. This is the former Epping Quarry and Epping Waste Disposal site which is located adjacent to the Epping Central Metropolitan Activity Centre. The amendment would also affect adjoining land at 315W Cooper Street, 325C Cooper Street and part 183-189 Cooper Street.

The redevelopment of the site (see indicative concept plan in Attachment 3) provides the opportunity for additional jobs and housing in close proximity to transport and services. The redevelopment also provides the opportunity to facilitate the remediation and management of a contaminated areas on the site, potential for the provision of social and affordable housing and the protection of Growling grass frog habitat.

The development of the site will require the resolution and management of a number of issues discussed in this report which need to be satisfactorily addressed as part of the planning scheme amendment and subsequent planning processes.

PROPOSAl

The proposed Planning Scheme Amendment seeks to amend the planning controls in the Whittlesea Planning Scheme to facilitate the rehabilitation and future redevelopment of the site for mixed use purposes, including commercial, retail and housing development. This includes:

·         Rezone the subject land from the Urban Floodway Zone, Industrial 3 Zone, Public Use Zone 3 and Priority Development Zone 1 (see Attachment 4) to Commercial 1 Zone, Special Use Zone, Mixed Use Zone, Public Conservation and Resource Zone, Urban Floodway Zone and Public Use Zone 3 to facilitate the redevelopment of the land (see Attachment 5);

·         Rezone part 183-189 Cooper Street, Epping, from Industrial 3 Zone to Public Use Zone 3 to correct a zoning anomaly;

·         Apply the Environmental Audit Overlay (EAO) to the former landfill part of the land (Environmental Audit Area 2) and any other contaminated land to ensure that no ‘sensitive uses’ can be occur on potentially contaminated land until a Statement or Certificate of Environmental Audit has been issued;

·         Apply the Development Plan Overlay (DPO) to the subject land to require a Development Plan to be prepared for the subject land; and

·         Revise the flood provisions mapping (Urban Floodway Zone (UFZ), Floodway Overlay (FO), Land Subject to Inundation Overlay (LSIO), to reflect revised flood mapping and characteristics.

CRITICAL DATES

·         1960’s-1980’s: Basalt quarry in operation.

·         1988-1998: Landfill in operation.

·         1998: Landfill ceased receiving municipal waste.

·         2001: Landfill ceased receiving inert construction waste.

·         2001-2003: Landfill rehabilitated.

·         2015: Environmental Audits commenced.

·         2016 (January): s53v Environmental Audit (landfill gas) completed.

·         2016 (August): update of s53x Environmental Audit provided by Environmental Auditor and letter from proponent requesting meeting to discuss future planning scheme amendment.

·         2016 (November): Letter requesting Site Remediation Strategy (SRS) to be prepared prior to submitting formal request to commence planning scheme amendment sent from Council officers to proponent.

·         2017 (February): Formal request for Council to consider commencing a planning scheme amendment submitted by proponent accompanied with a SRS.

POLICY STRATEGY AND LEGISLATION

Ministerial Directions

Ministerial Direction No.1 Potentially Contaminated Land

Clause 4 of this direction requires the planning authority to ‘satisfy itself that the environmental conditions of [the] land are or will be suitable for that use.’

The application of the Environmental Audit Overlay (EAO) to the contaminated part of the site, complies with sub-clause 5(2) of this direction for the purposes of satisfying clause (4) of this direction.

The EAO is a strong planning tool that does not permit any buildings or works associated with a sensitive use (such as residential) until a Statement or Certificate of Environmental Audit has been issued by an independent Environmental Auditor.

Planning controls in the proposed schedule to the Development Plan Overlay (DPO) and proposed schedule to the Special Use Zone (SUZ) will support the EAO.

The EPA appointed Auditor has indicated that ‘upon completion of the audit, it is my intention to issue an Audit Report and a Certificate or Statement of Environmental Audit including conditions, where relevant, relating to development and ongoing occupation of the land’ and that ‘the development will likely require a range of protective measures and institutional controls… to ensure that it is suitable for the intended use [including residential] upon completion of my audit, and remains so thereafter’.

A Site Remediation Strategy (SRS) has also been prepared which demonstrates that

·         the site is capable of being remediated so that it is suitable for the proposed use or development,

·         the process for the clean-up of the site is sound; and

·         a framework is provided for the ongoing management of the site conditions.

The SRS will be exhibited alongside any planning scheme amendment. Further, it is recommended that as a condition of commencing the amendment is that the planning scheme amendment not be adopted until a Statement or Certificate of Environmental Audit has been issued by an independent Environmental Auditor. It is expected that the Statement of Environmental Audits will be progressively finalised for the three Audit areas over approximately the next 6 to 12 months.

Ministerial Direction No.9 Metropolitan Planning Strategy

Plan Melbourne 2017-2050 supports the proposed amendment and promotes additional housing and employment close to activity centres. Epping is identified in Plan Melbourne as a Metropolitan Activity Centre and a designated health precinct.

In particular Plan Melbourne 2017-2050 supports the proposed amendment through Policy 2.4 which is to ‘facilitate the remediation of contaminated land, particularly on sites in developed areas of Melbourne with potential for residential development’.

Ministerial Direction No.11 Strategic Assessment of Amendments

The assessment is detailed in the Explanatory Report which will be exhibited as part of the planning scheme amendment process.

 

Planning Practice Notes

PPN02: Public Use Zones

This practice note has been referred to in applying the Public Use Zone to land used by the Northern Hospital.

PPN3: Applying the Special Use Zone (SUZ)

This practice note advises that the SUZ can be used where other available zones, overlays and local policies cannot give effect to the desired objectives or requirements. In this circumstance given the unique site conditions and proposed range of land uses it is considered appropriate to apply the SUZ for part of the subject land.

PPN12: Applying the flood provisions in planning schemes

This practice note has been referred to in applying the revised flood provisions in consultation with Melbourne Water. The revised flood mapping needs to be submitted.

PPN23: Applying the Incorporated Plan and Development Plan Overlays

The Development Plan Overlay is to be applied in accordance with this practice note.

PPN30: Potentially Contaminated Land

This practice note has been referred to in ensuring the amendment complies with Ministerial Direction No.1 Potentially Contaminated Land.

PPN46: Strategic Assessment Guidelines

The assessment is detailed in the Explanatory Report which will be exhibited as part of the planning scheme amendment process.

 

State Planning Policy Framework

The amendment will implement the SPPF, particularly the following:

·         facilitate the remediation of contaminated land, particularly on sites in developed areas of Melbourne with potential for residential development;

·         facilitate development that increases the supply of affordable and social housing in suburbs across Melbourne;

·         support new housing in activity centres and other places that offer good access to jobs, services and public transport;

·         facilitate regional health and community wellbeing precincts through the co-location of hospitals, allied health services and not-for-profit health providers;

·         facilitate investment in Melbourne’s outer areas to increase local access to employment; and

·         plan for and facilitate the development of urban-renewal precincts as high amenity mixed use neighbourhoods that offer a range and choice of housing and other services.

The commencement of the planning scheme amendment process alongside the Environmental Audit process implements the policy to ‘facilitate’ these planning outcomes rather than just ‘support’ them.

Local Planning Policies and Strategies

The proposed amendment considers and implements Councils local planning policies and strategies including:

·         Whittlesea Municipal Strategic Statement (MSS);

·         City of Whittlesea Open Space Strategy;

·         City of Whittlesea Housing Diversity Strategy; and

·         City of Whittlesea Social and Affordable Housing Policy and Strategy.

The strategies and requirements of these plans will be incorporated into the schedule to the Development Plan Overlay which will require them to be implemented as part of the preparation of the Development Plan.

DISCUSSION

Land Use and Development

The development of the site will need to address a number of issues including provision for:

·         integration of uses and development with the Northern Hospital site;

·         incorporation of commercial and some limited retail uses;

·         a diversity of housing including size and types;

·         integration of social and affordable housing;

·         appropriate interface treatment and transition between residential and other uses;

·         the management of water in the Edgars Creek and Epping Drain corridors;

·         intersection treatments with Cooper Street, Edgars Road and Deveny Road;

·         a north south road connection between Cooper Street and Deveny Road;

·         a east west road between Pacific Epping and Edgars Road;

·         linear open space / conservation reserve with shared cycle and pedestrian paths;

·         a large central public park;

·         retention of remnant River Red Gums where warranted;

·         management of geotechnical issues related to construction on landfill and filled quarry holes; and

·         staging of development.

The planning controls to be applied to the land will also include a requirement for a Development Plan to be prepared which will require these issues to be satisfactorily addressed at more detailed and comprehensive level.

 

An indicative framework plan was included as part of the submitted documents and identified the land uses proposed as part of the future development (see Attachment 3). The proposed zones reflect the indicative framework plan and delineates the development site into the proposed land use precincts.

Land Contamination

The site was previously partly used as a landfill receiving both municipal and inert waste which remains licensed but ceased receiving any landfill in 2001 and was then rehabilitated between 2001 and 2003. The development of a former landfill or land in the vicinity of the landfill requires the effects of landfill gas and land contamination to be properly assessed and monitored.

A section 53v Environmental Audit (landfill gas) was completed in 2016 which assessed the effect of landfill gas (methane and carbon dioxide) from the site on adjoining properties. The Audit concluded that only limited advective migration of landfill gas appears to be occurring from the subject site and the overall risk was ‘low risk’.

A section 53x Environmental Audit (contaminated land) is currently underway on the site which is being overseen by an independent Environmental Auditor. The Environmental Audit is the statutory tool used to protect the community and to confirm that potentially contaminated land is suitable for its intended use.

It is expected that the section 53x Environmental Audit (contaminated land) will be completed in a number of stages (see Attachment 6 for the three Environmental Audit areas) over approximately the next 6 to 12 months.

The response to Ministerial Direction 1 is discussed in the section above. It is recommended to commence the planning scheme amendment to run as a parallel process alongside the completion of the Environmental Audits on the basis that:

·                Ministerial Direction 1 provides the ability to undertake the planning scheme amendment prior to the completion of an Environmental Audit by applying the Environmental Audit Overlay (EAO) which prevents sensitive uses on the land until a Statement or Certificate of Environmental Audit has been issued;

·                The Environmental Audit has commenced, is well progressed and a Site Remediation Strategy has been prepared for the purposes of exhibition of the proposed amendment;

·                It incentivises the remediation of the contaminated land by providing greater certainty as to the development outcome supported on the land subject to the completion of the Environmental Audit;

·                It implements state policy to ‘facilitate’ development which delivers a number of important state planning policy objectives as outlined above. Delaying the commencement of planning scheme amendment would affect the delivery of social and affordable housing and health outcomes as it would not provide the certainty required for investment;

·                It ensures Council maintains control over the planning of the site and delivery of important community benefits; and

·                It streamlines the planning process facilitating the development of the employment precinct (first stage) in a timely manner.

All stages of the section 53x Environmental Audit (contaminated land) would be required to be completed prior to the finalisation of the proposed planning scheme amendment. This condition along with application of the EAO safeguards Council in respect to any risk that sensitive uses could be supported on the land prior to the issuing of a Statement or Certificate of Environmental Audit.

Growling Grass Frog and Golden Sun Moth

Both the Growling Grass Frog and the Golden Sun Moth, which are species listed under the Environmental Protection and Biodiversity Conservation Act 1999 (EPBC Act) and Flora and Fauna Guarantee Act 1988 (FFG Act) have been recorded on the subject land.

The former quarry holes and associated wetlands on the site are considered important to the conservation of the Growling Grass Frog’s population along the Edgars Creek. The proponent has made application under the EPBC Act to obtain approval for the proposed works.

Quarry Hole 3 will be retained as habitat as part of a conservation area in accordance with the EPBC Act. To compensate for the removal of Quarry Hole 2, the proposal includes the construction of new off-stream wetlands as part of the augmentation of the Edgars Creek and refuge wetlands in the south west of the site to facilitate the Growling Grass Frog east-west link to the Merri Creek. The proposal will mean that the habitat will need to be established and colonised by the Growling Grass Frog before the existing habitat (Hole 2) is removed and developed.

Infrastructure Contributions

The development of the site will require upgrades to infrastructure including roads, shared paths and community infrastructure. It is expected that the developer will fund infrastructure with a direct nexus to the proposed development and make a contribution to community infrastructure identified in the Epping Central Development Contributions Plan. A requirement will be included in the planning controls for the developer to enter into a legal agreement (s173) with the responsible authority to make payment or provision of infrastructure.

Social and Affordable Housing

The subject site is an excellent location for social and affordable housing given its location in an established area with good access to public transport, services and the Epping Central Metropolitan Activity Centre. Council’s policy aims to achieve the inclusion of 5% social housing and 10% affordable housing in new plans and supports the provision of social and affordable housing associated in strategic redevelopment sites.

Given, the ‘value uplift’ created by the rezoning, a requirement will be recommended for inclusion in the planning controls for the developer to enter into a legal agreement (s173) with Council to make arrangement for the delivery 5% social housing. A requirement will also be included for a Housing Diversity Report to be prepared, to demonstrate the provision of 5% social housing and 10% affordable housing as part of the development. It is important that the social and affordable housing is well-designed and integrated with the remainder of the residential development.

Adjoining Land

In addition to the land at 215 Cooper Street, the proposed amendment incorporates land at 315W Cooper Street and 325C Cooper Street (see Attachment 2). 315W Cooper Street is former road reserve owned by the City of Whittlesea and 325C Cooper Street is vacant land owned by the State Government. The inclusion of these parcels in the amendment is to provide for the co-ordinated and orderly development of the land.

The amendment would also affect part of 183-189 Cooper Street which is the site of the Northern Hospital to rezone part of the site from Industrial 3 Zone to Public Use Zone 3. This is to correct a current zoning anomaly which the Northern Hospital have verbally indicated their support for being corrected.

PROCESS- NEXT STEPS

The recommendation is to only seek authorisation from the Minister for Planning to commence the planning scheme amendment process and exhibit the proposed planning scheme amendment. The planning scheme amendment process is proposed to run parallel with the completion of the Environmental Audit process. The process of commencing a planning scheme amendment prior to the issuing of a Statement or Certificate of Environmental Audit is a common approach for large redevelopment sites comprising a range of complex issues.

It is recommended to commence the planning scheme amendment to run as a parallel process alongside the completion of the Environmental Audits on the basis that:

·                Ministerial Direction 1 provides the ability to undertake the planning scheme amendment prior to the completion of an Environmental Audit by applying the Environmental Audit Overlay (EAO) which prevents sensitive uses on the land until a Statement or Certificate of Environmental Audit has been issued;

·                The Environmental Audit has commenced, is well progressed and a Site Remediation Strategy has been prepared for the purposes of exhibition of the proposed amendment;

·                It incentivises the remediation of the contaminated land by providing greater certainty as to the development outcome supported on the land subject to the completion of the Environmental Audit;

·                It implements state policy to ‘facilitate’ development which delivers a number of important state planning policy objectives as outlined above. Delaying the commencement of planning scheme amendment would affect the delivery of social and affordable housing and health outcomes as it would not provide the certainty required for investment;

·                It ensures Council maintains control over the planning of the site and delivery of important community benefits; and

·                It streamlines the planning process facilitating the development of the employment precinct (first stage) in a timely manner.

The planning scheme amendment documentation will recognise the need to align with the outcomes of the Environmental Audit process prior to the being finalised. A condition of this resolution is that the planning scheme amendment is not adopted until a Statement or Certificate of Environmental Audit has been issued by the Environmental Auditor.

Attachment 7 provides a summary of the process and identifies the points in the process which provide Council an opportunity to review its position.

ENVIRONMENTAL, SOCIAL AND ECONOMIC IMPLICATIONS

As discussed above, the environmental condition of the land and the presence of the Growling Grass frog’s are significant environmental issues to be addressed through the planning scheme amendment process. It is considered the Environmental Audit process and EPBC Act approval process will satisfactorily resolve these issues. The proposed planning controls provide ‘safety net’ to ensure that the issues are effectively resolved and implemented as part of the development of the land.

The facilitation of the development through a planning scheme amendment process will ultimately result in a number of environmental, social and economic benefits including:

·         remediation of a contaminated site;

·         enhancement of Edgars Creek and riparian corridor;

·         provision of a diversity of housing in proximity to jobs, services and public transport;

·         opportunity for social and affordable housing to be integrated into the residential development;

·         opportunity for additional health facilities and services in proximity to the Northern Hospital

·         contribution to community infrastructure in Epping Central; and

·         additional employment and jobs in an established activity centre.

It is considered that there is a community benefit in commencing the planning scheme amendment to facilitate the remediation and redevelopment of the land and encourage the environmental, social and economic benefits outlined above.

FINANCIAL IMPLICATIONS

The costs of the planning scheme amendment including panel will be borne by the proponent. Council may be required to engage expertise on technical matters such as legal, environmental and geo-technical which arise during the amendment process. Upon, the completion of the exhibition process a report will be presented to Council on the submissions received and issues raised which will provide a better indication as to whether any technical expertise will be required.

The developer will also be required to fund the necessary infrastructure to support the development and make a contribution to wider community infrastructure.

LEGAL IMPLICATIONS

Council as the planning authority in exercising its statutory functions under the Planning and Environment Act 1987 has a duty of care to future owners and uses of the subdivided land. Legal advice has been sought regarding the approach. A legal framework is proposed to mitigate the risks to future owners and occupiers and ensure that as much remediation can occur before subdivision. This provides for the exhibition of the amendment concurrently with the completion of the Environmental Audits however ensures that a statement of environmental audit is provided before the planning scheme amendment is adopted.

 

Links to the CoUNCIL Plan

FUTURE DIRECTION          Places and spaces to connect people

Theme                                   Planning our space

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

The proposed planning scheme amendment will support the implementation of the Council plan. The proposed planning scheme controls will ensure a well designed mixed use development that will deliver a number of significant benefits to the community. The development will provide a diversity of housing in close proximity to jobs, services and transport. The development will create an expanded health precinct and additional quality employment areas. The design will contain significant ‘green spaces’ including the rehabilitation of the Edgars Creek and riparian corridor and retention of the historic quarry hole as an urban lake. This will contribute positively to the public realm of the broader Epping Metropolitan Activity Centre.

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

This report considers a request to amend the Whittlesea Planning Scheme to facilitate the rehabilitation and future redevelopment of the site for mixed use purposes, including commercial, retail and housing development. The planning scheme amendment proposes to rezone the subject land to a number of appropriate land use zones to facilitate the mixed use development and apply the Environmental Audit Overlay and Development Plan Overlay.

The Environmental Audit Overlay will ensure that no sensitive uses can occur on potentially contaminated land until a Statement or Certificate of Environmental Audit has been issued. Further, it is recommended that that the planning scheme amendment to rezone land that permits a ‘sensitive use’ not be finalised until a Statement or Certificate of Environmental Audit has been issued for that land. This limits any risk associated with commencing the planning scheme amendment prior to a Statement or Certificate of Environmental Audit being issued.

The Development Plan Overlay will require a Development Plan to be prepared to guide the future development of the subject land.

The facilitation of the development through a planning scheme amendment process will ultimately result in a number of environmental, social and economic benefits including:

·         remediation of a contaminated site;

·         enhancement of Edgars Creek and riparian corridor;

·         provision of a diversity of housing in proximity to jobs, services and public transport;

·         opportunity for social and affordable housing to be integrated into the residential development;

·         opportunity for additional health facilities and services in proximity to the Northern Hospital; and

·         additional employment and jobs in an established activity centre.

In essence, the reports recommendation is only to seek authorisation to commence and exhibit the proposed planning scheme amendment with subsequent opportunities for Council to address issues in more detail and determine the progress of the amendment. 

It is considered that there is a community benefit in commencing the planning scheme amendment to implement state policy and facilitate the remediation and redevelopment. The process of commencing a Planning Scheme Amendment prior to the issuing of a Statement or Certificate of Environmental Audit is a common approach for large redevelopment sites comprising a range of complex issues. It is considered that that the risks associated with commencing the amendment prior to the completion of the Environmental Audit process to be appropriately addressed through the proposed planning controls and by not finalising the amendment until a Statement or Certificate of Environmental Audit has been issued for land to be rezoned.

Noting the above it is recommended that Council:

1.       Seek authorisation from the Minister for Planning to prepare and exhibit an amendment to the Whittlesea Planning Scheme affecting land at part 183-189, 215, 315W, 325C Cooper Street and 80 Deveny Road, Epping to:

a.       Rezone the subject land at from the Urban Floodway Zone, Industrial 3 Zone, Public Use Zone 3 and Priority Development Zone 1 to Commercial 1 Zone, Special Use Zone, Mixed Use Zone, Public Conservation and Resource Zone, Urban Floodway Zone and Public Use Zone 3;

b.       Rezone part 183-189 Cooper Street, Epping from Industrial 3 Zone to Public Use Zone 3;

c.       Apply the Environmental Audit Overlay (EAO) to part of the subject land;

d.       Apply the Development Plan Overlay (DPO) to the subject land; and

e.       Revise the flood provisions mapping (Urban Floodway Zone (UFZ), Floodway Overlay (FO), Land Subject to Inundation Overlay (LSIO),

2.       Note that the authorisation request set out in 1. above is subject to:

a.       the submission of a Site Remediation Strategy which has been reviewed by the Environmental Auditor is submitted for the purposes of exhibition, prior to seeking authorisation from the Minister for Planning.

b.       a requirement to enter into a s173 agreement for the provision of 5% social housing and 10% affordable housing being included in the amendment controls and an agreement committing provision of 5% social housing and 10% affordable housing is entered into, prior to seeking authorisation from the Minister for Planning.

c.       a requirement to enter into a s173 agreement for the provision and contribution to infrastructure including land, transport and community facilities is included amendment controls and that the amendment controls or an agreement outlines the provision and/or contribution required, prior to seeking authorisation from the Minister for Planning.

d.       the submission of revised flood provisions (i.e. mapping), prior to seeking authorisation from the Minister for Planning.

e.       the proponent committing to fund the cost of the planning scheme amendment including the cost of any independent planning panel required, prior to seeking authorisation from the Minister for Planning.

3.       Prepare and exhibit a planning scheme amendment if authorisation set out in 1.

          above is provided.

4.       Not adopt the planning scheme amendment to rezone land that permits a ‘sensitive use’ until a Statement or Certificate of Environmental Audit has been issued for that land and a s173 agreement has been entered into to implement the conditions of any  Statement of Environmental Audit.

5.       Advise the proponent of the above and any decisions of the Minister for Planning.

 

Acting Chief Executive Officer Liana Thompson entered the Council Chamber at 7:38 PM.

 

RECOMMENDATION

THAT Council resolve to:

1.       Seek authorisation from the Minister for Planning to prepare and exhibit an amendment to the Whittlesea Planning Scheme affecting land at part 183-189, 215, 315W, 325C Cooper Street and 80 Deveny Road, Epping to:

a)      Rezone the subject land at from the Urban Floodway Zone, Industrial 3 Zone, Public Use Zone 3 and Priority Development Zone 1 to Commercial 1 Zone, Special Use Zone, Mixed Use Zone, Public Conservation and Resource Zone, Urban Floodway Zone and Public Use Zone 3;

b)      Rezone part 183-189 Cooper Street, Epping from Industrial 3 Zone to Public Use Zone 3;

c)      Apply the Environmental Audit Overlay (EAO) to part of the subject land;

d)      Apply the Development Plan Overlay (DPO) to the subject land; and

e)      Revise the flood provisions mapping (Urban Floodway Zone (UFZ), Floodway Overlay (FO), Land Subject to Inundation Overlay (LSIO),

2.       Note that the authorisation request set out in 1. above is subject to:

a)      the submission of a Site Remediation Strategy which has been reviewed by the Environmental Auditor is submitted for the purposes of exhibition, prior to seeking authorisation from the Minister for Planning.

b)      a requirement to enter into a s173 agreement for the provision of 5% social housing and 10% affordable housing being included in the amendment controls and an agreement committing provision of 5% social housing and 10% affordable housing is entered into, prior to seeking authorisation from the Minister for Planning.

c)      a requirement to enter into a s173 agreement for the provision and contribution to infrastructure including land, transport and community facilities is included amendment controls and that the amendment controls or an agreement outlines the provision and/or contribution required, prior to seeking authorisation from the Minister for Planning.

d)      the submission of revised flood provisions (i.e. mapping), prior to seeking authorisation from the Minister for Planning.

e)      the proponent committing to fund the cost of the planning scheme amendment including the cost of any independent planning panel required, prior to seeking authorisation from the Minister for Planning.

3.       Prepare and exhibit a planning scheme amendment if authorisation set out in 1.

          above is provided.

4.       Not adopt the planning scheme amendment to rezone land that permits a ‘sensitive use’ until a Statement or Certificate of Environmental Audit has been issued for that land and a s173 agreement has been entered into to implement the conditions of any  Statement of Environmental Audit.

5.       Advise the proponent of the above and any decisions of the Minister for Planning.

Council Resolution

Moved:                       Cr Kirkham

Seconded:               Cr Monteleone

 

THAT Council resolve to adopt the Recommendation.

Carried


Councillor Mary Lalios requested that her opposition to the motion be recorded in the minutes.


 


Ordinary Council Minutes                                                                     Tuesday 30 May 2017

 

6.1.6    20-22 Settlement Road Bundoora - Construction of a Four Storey Residential Building Comprising 24 Dwellings with Basement Car Parking and Creation of an Access to a Road Zone (Category 1)

File No:                                  715255

Attachments:                        1        Locality Maps

2        Development Plans

3        Amended Plans   

Responsible Officer:           Director Planning & Major Projects

Author:                                  Principal Planner   

 

APPLICANT:                                  SMLX Pty Ltd

COUNCIL POLICY:              Housing Diversity Strategy

ZONING:                               General Residential Zone Schedule 1 (GRZ1)

OVERLAY:                            Development Contributions Plan Overlay Schedule 3 (DCPO3)

REFERRAL:                          VicRoads

OBJECTIONS:                      Five (including one petition with 38 signatures)

RECOMMENDATION:         That Council approve the application

Report

EXECUTIVE Summary

The applicant proposes to construct a four storey residential building incorporating 24 one, two and three bedroom dwellings on the subject site.  Car parking is provided at basement level, and vehicle access is to be provided by a double crossover to Settlement Road at the western corner of the site.

Advertising of the proposal resulted in five objections being received, including one petition with 38 signatures.  Grounds of objection include visual bulk, overlooking, overshadowing, noise, odour, inadequate car parking, increased traffic, road safety, damage and vibration during construction, other amenity impacts during construction, decrease in property values, and impacts on health and lifestyle. 

The Housing Diversity Strategy (HDS) nominates the subject site as being in the Neighbourhood Renewal Change Area.  The proposal complies with the preferred density and key design principles of this Change Area.  The proposal is also considered to be consistent with the purposes of the General Residential Zone, which includes providing moderate housing growth in locations offering good access to services and transport.   

The proposal meets the objectives and standards of Clause 55 (ResCode) of the Whittlesea Planning Scheme, including the evolving neighbourhood character.

The applicant has agreed to further alterations to the design to better integrate the development with the existing character and address some of the concerns raised by objectors.  Approval is recommended accordingly.

SITE AND SURROUNDING AREA

The site comprises two residential properties on the northern side of Settlement Road Bundoora, approximately 15m west of the Bundoora Square Shopping Centre (see Attachment 1)

The site is regular in shape, with a frontage to Settlement Road of 30.5m, a depth of 35.1m, and total area of 1,066m².  It has a fall of about 1.9m from the south eastern front boundary corner to the north western rear corner. 

The site currently contains two single storey dwellings, one on each lot. 

Directly to the north, east and west of the subject site are single dwelling developments fronting Nickson Street and Settlement Road.  Directly to the south across Settlement Road is the St. Damian’s School and Church.   

The surrounding area is characterised by predominately single storey dwellings, mainly constructed of brick with tiled roofs.  Examples of medium density development within the immediate vicinity area located at 29, 33 and 45 Settlement Road.

It is also noted that there is an existing approval for seven storey apartment building at 21 Settlement Road, situated at the southwestern corner of Plenty Road and Settlement Road.

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

·    Bundoora Square Shopping Centre (20m east).

·    Route 902 – Chelsea to Airport West Bus Service (20m southwest).

·    St Damian School and Church (20m south).

·    Plenty Road and Tram Service 86 (150m east)

·    Yulong Park (180m east). 

certificate of title particulars

The subject site is described as Lots 17 and 18 on Plan of Subdivision 62392.  There are no restrictions on title that preclude Council from determining the application.  The rear northern boundary of the site contains a 2.4m wide drainage and sewerage easement.

Proposal

The application as submitted is for the construction of a four storey residential building, comprising 24 dwellings with basement car parking, and to create an access to a Settlement Road (see Attachment 2).  The existing dwelling is to be demolished.  The submitted proposal is summarised as follows:-

Basement  

·    30 car parking spaces, including four visitor car parking spaces and 26 independently accessible car parking stacker spaces. 

·    7 resident bicycle parking spaces. 

·    24 storage areas.

·    A waste storage area.   

·    A ramped access to the basement by a double crossover located on the western side of the building (from a double crossover on the western side of the frontage).

Ground Level

·    Dwelling Nos. 1 to 8 (6 x one-bedroom and 2 x two-bedrooms) and associated terraces or balconies. 

·    10 visitor bicycle parking spaces. 

·    Entry foyer.

First Floor (Level 1)

·    Dwelling Nos. 9 to 16 (6 x one-bedroom and 2 x two-bedrooms) and associated balconies.

Second and Third Floors (Levels 2 and 3)

·    Dwelling Nos. 17 to 24 (1 x one-bedroom, 4 x two-bedrooms and 1 x three-bedroom) and associated balconies. 

·    Dwelling Nos. 17, 22 and 24 have upper levels at the third floor level (Level 3).  The upper parts of these dwellings would be removed in the amended plans agreed by the applicant – thus reducing the overall building by one storey.

General

·    Balconies are provided to each dwelling with a minimum area of 8m². 

·    Maximum building height of 10.22m above natural ground level (this is reduced to a maximum of 7.97m on the amended plans agreed by the applicant).

·    Materials and finishes include aluminium interlocking wall cladding and timber wall cladding, perforated decorative screens and timber screens with metal sheet roofing.  

Further details of the proposal (as submitted) are outlined in the following table:-

 

 

Height / Scale

No. of Bedrooms

Setbacks

Private Open Space

Car Parking

Dwelling No. 1

Single Storey (Ground Floor)

1

7.4m front (south)

27m²  (terrace)

One Space

Dwelling No. 2

Single Storey (Ground Floor)

1

7.4m front (south) and 7.0m side (west)

22m²  (terrace)

One Space

Dwelling No. 3

Single Storey (Ground Floor)

1

7.0m side (west)

8m²  (balcony)

One Space

Dwelling No. 4

Single Storey (Ground Floor)

1

2.9m rear (north) and 6.4m side (west)

58m²  (terrace)

One Space

Dwelling No. 5

Single Storey (Ground Floor)

1

2.9m rear (north)

26m²  (terrace)

One Space

Dwelling No. 6

Single Storey (Ground Floor)

1

2.9m rear (north) and 3.9m side (east)

78m²  (terrace)

One Space

Dwelling No. 7

Single Storey (Ground Floor)

2

4.0m side (east)

40m²  (terrace)

One Space

Dwelling No. 8

Single Storey (Ground Floor)

2

7.4m front (south) and 2.0m side (east)

54m²  (terrace)

One Space

Dwelling No. 9

Single Storey (First Floor)

1

7.2m front (north)

9m²  (balcony)

One Space

Dwelling No. 10

Single Storey (First Floor)

1

7.2m front (north) and 7.0m side (west)

9m²  (balcony)

One Space

Dwelling No. 11

Single Storey (First Floor)

1

7.0m side (west)

9m²  (balcony)

One Space

Dwelling No. 12

Single Storey (First Floor)

1

6.4m side (west) and 2.9m rear (north)

13m²  (balcony)

One Space

Dwelling No. 13

Single Storey (First Floor)

1

2.9m rear (north)

8m²  (balcony)

One Space

Dwelling No. 14

Single Storey (First Floor)

1

2.9m rear (north) and 6.5 side (east)

8m²  (balcony)

One Space

Dwelling No. 15

Single Storey (First Floor)

2

4.0m side (east)

15m²  (balcony)

One Space

Dwelling No. 16

Single Storey (First Floor)

2

7.4m front (north) and 2.0m side (east)

8m²  (balcony)

One Space

Dwelling No. 17

Double Storey (Second and Third Floors)

2

7.2m front (south)

44m²  (balcony)

One Space

Dwelling No. 18

Single Storey (Second Floor)

1

7.2m front (south) and 7.0 side (west)

10m²  (balcony)

One Space

Dwelling No. 19

Single Storey (Second Floor)

1

7.0 side (west)

9m²  (balcony)

One Space

Dwelling No. 20

Single Storey (Second Floor)

2

6.4m side (west) and 4.5m rear (north)

13m²  (balcony)

One Space

Dwelling No. 21

Single Storey (Second Floor)

2

4.5m rear (north) and 5.9m side (east)

13m²  (balcony)

One Space

Dwelling No. 22

Double Storey (Second and Third Floors)

3

4.0m side (east)

60m²  (balcony)

Two Spaces

Dwelling No. 23

Single Storey (Second Floor)

1

6.1m side (east)

15m²  (balcony)

One Space

Dwelling No. 24

Double Storey (Second and Third Floors)

2

7.4m front (south) and 4.2m side (east)

29m²  (balcony)

One Space

Public Notification

Notification of the application resulted in five objections, including one petition with 38 signatures, being received.  The grounds of objection can be summarised as follows:

1.       Visual bulk.

2.       Loss of privacy (overlooking).

3.       Overshadowing. 

4.       Insufficient car parking. 

5.       Impact on Settlement Road (including safety and increased traffic).

6.       Adverse amenity impacts on surrounding area.

7.       Construction impacts on surrounding area. 

8.       Property devaluation. 

HOUSING DIVERSITY STRATEGY

The Housing Diversity Strategy (HDS) was introduced into the Whittlesea Planning Scheme (WPS) by Planning Scheme Amendment C181, gazetted on 22 October 2015.  The 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 a reference document in the Planning Scheme.

The site is within a Neighbourhood Renewal change area, which recognises areas close to services and facilities.  In this instance the site is only some 20m west of the Bundoora shopping centre.  The preferred housing types are noted as townhouses, multi-units, and small scale apartments.

The Neighbourhood Renewal Area has a number of Key Design Principles, including:

·    A range of medium building heights.

·    Building heights that achieve passive surveillance.

·    Building heights that are of a human scale and integrate well with existing housing stock.

·    Reduced front setbacks to encourage activation to the street while still allowing space for low level landscaping.

·    Medium to higher site coverage to balance increased density and landscaping opportunities.

PROPOSED AMENDMENTS AGREED BY APPLICANT

Officers discussed with the applicant the need to meet the HDS Key Design Principles, (including ‘Building heights that are of a human scale and integrate well with existing housing stock’) as well as matters raised by objectors.

The applicant has agreed to alterations that would better address these aspects, and has submitted plans showing suggested revisions to the proposed building accordingly (see Attachment 3).  These revised plans show the following:

·    Removal of the top floor, which contains the first floor levels of Dwellings Nos.17, 22 and 24.

·    The effect is the overall reduction in building height to 7.97m (from 10.22m), reduction of building bulk, reduction of overshadowing and presentation as a two-storey development from the Settlement Road frontage.

·    Minor increases to side/rear setbacks of apartments on the second floor.

·    Repositioning of balconies to Dwellings Nos. 20 – 24 to assist in limiting the bulk of the building and potential overlooking to the adjoining rear yards of the properties at 18 and 24 Settlement Road.

·    Louvre screens to balconies on the second floor to block downward view, while still allowing more distant horizontal views from the balconies.

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 WPS.  This assessment is based on the plans submitted with the application and which were the plans which were publicly advertised, with reference made to the revised plans as relevant or appropriate in some sections of the “Comments” column.

Under these provisions a development:-

·    Must meet all of the objectives; and

·    Should meet all of the standards.

 

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

 

 

ü - Compliance
× -  Non compliance

Objectives

Standards

Comments

B1

Neighbourhood Character

P

P

The existing character of the areas is low scale residential, with mainly conventional single storey dwellings surrounding the subject site.

The HDS encourages small scale apartments (as well as townhouses and multi-units), however, relevant objectives require that buildings be of a ‘human scale’ and integrate with existing housing stock.

While the building height and form has some difficulty in integrating with existing housing stock, the materials of the proposed building achieve some alignment with materials of dwellings in the general area.

With the HDS in place, it can be expected that the character will evolve to a more intense and higher density residential environment.  However, this will be achieved over the longer term. 

It is considered that the submitted plans are of a scale that does not integrate well with the existing housing stock.  However, this has been addressed in the proposed amendments to the plans agreed by the applicant, which reduces the overall height (by removing the upper level) and varying setbacks.  The agreed amendments are considered to result in a built form that acknowledges the changes encouraged by the HDS and also respects the existing housing stock.

B2

Residential Policy

P

P

The proposal is consistent with State and Local policy that encourage increased residential densities close to urban facilities.

The site is located within a Neighbourhood Renewal Change Area in the HDS. 

B3

Dwelling Diversity

P

P

The proposal provides 15 one-bedroom dwellings, eight two-bedroom dwellings and 1 three-bedroom dwelling.  This provides a satisfactory diversity of dwellings within the development itself and a variation to the predominant form of existing housing provision in the area.

This variation is retained in the agreed amendments, which results in 18 one-bedroom and six two-bedroom dwellings.

B4

Infrastructure

P

P

 

B5

Integration with the Street

P

P

 

B6

Street Setback

P

P

 

B7

Building Height

P

P

 

B8

Site Coverage

P

P

 

B9

Permeability

P

P

 

B10

Energy Efficiency

P

P

 

B11

Open Space

N/A

N/A

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

B12

Safety

P

P

 

B13

Landscaping

P

P

There are opportunities for landscaping and canopy trees to be provided around the building, including along boundaries, in the front setback and along the accessway.  This provision will assist in softening the proposed built form.

These opportunities at ground level are retained in the amendments agreed by the applicant.

B14

Access

P

P

 

B15

Parking Location

P

P

All car parking is at basement level, with stairs and lift access to levels above.

Parking spaces are in the form of double car stackers, other than the four visitor parking spaces.

B17

Side and Rear Setbacks

P

P

Some minor encroachment is required in relation to side setbacks at the corners of the upper levels at the third and fourth levels.  While the minor encroachments would have negligible impact to adjoining neighbours, this could be addressed by conditions of any permit granted.

However, it is noted that the agreed amendments include deleting the third (upper) level and increasing setbacks removes this discrepancy and results in meeting the requirements of this Standard.

B18

Walls on Boundaries

P

P

No walls on boundaries

B19

Daylight to Existing Windows

P

P

 

B20

North-facing Windows

N/A

N/A

 

B21

Overshadowing Open Space

P

P

 

B22

Overlooking

P

P

Potential overlooking is proposed to be addressed by the provision of balustrading to a height of 1.7m, plus the additional use of slatted screen to remove downward sightlines.  This meets the requirements of this Standard.

B23

Internal Views

P

P

 

B24

Noise Impacts

P

P

 

B25

Accessibility

P

P

 

B26

Dwelling Entry

P

P

 

B27

Daylight to New Windows

P

P

 

B28

Private Open Space

P

P

 

B29

Solar Access to Open Space

N/A

N/A

 

B30

Storage

P

P

 

B31

Design Detail

P

P

 

B32

Front Fences

P

P

The front fence has a height of 1.2m which is mostly setback from the frontage by 3m.  This meets the requirement for a maximum of 1.5m front fence height.

B33

Common Property

P

P

 

B34

Site Services

P

P

 

CAR PARKING 

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

Use

Statutory Parking Rate

Number

Parking Requirement

Parking Provided

1 & 2 bedroom dwelling

1 per dwelling

23

23 spaces

26 spaces

3 or more bedroom dwelling

2 per dwelling

1

2 spaces

Visitors

1 per 5 dwellings

24

4 spaces

4 spaces

With a total of 30 car spaces proposed, the number of spaces (both resident and visitor) exceeds (by one space) the statutory requirement of 29 spaces.

The amendments agreed by the applicant retain the same number of dwellings, but alters Dwelling No. 22 to a one-bedroom dwelling (from three-bedrooms).  This reduces the required number of car spaces by one.  This would result in an excess of two spaces compared with the Planning Scheme requirement.

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

The arrangement for basement parking is satisfactory, with visitor car spaces not being spaces in car stackers, meeting the requirements of the Planning Scheme.

REFERRAL TO VICROADS

The application was required to be referred to VicRoads, as Settlement Road is in a Road Zone Category 1 (RDZ1) and is under VicRoads responsibility.  VicRoads has responded that it does not object to a permit being issued, subject to conditions (see recommendations).

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.       Visual bulk

The building initially proposed under the application was for four storeys above basement level car parking.  However, it should be noted that land falls from the frontage, with the ground level is partly below street level, and the upper level recessed in from lower levels.  In this context, the building presents to the street as a three storey building.  It is also relevant that the upper floor is well recessed on all sides (and further from the rear boundary).  Taking these factors into account, and that the site comprises two standard residential lots providing a generous overall width, it is considered that the proposed building form is appropriately designed and sited to minimise visual bulk, both from a streetscape perspective and from neighbouring properties.

The HDS encourages medium and higher density housing, including small scale apartments, therefore a change in built form and character is to be anticipated.  In the short term, this may present some contrast to the present aging housing stock of mainly three bedroom single storey dwellings.

Importantly, the changes agreed by the applicant are in part driven by the need to achieve a built form that better integrates with existing housing.  This removes a storey, increases setbacks and will effectively provide a two-storey presentation to the street.  It is considered that these changes achieve a satisfactory balance between the existing housing stock in the area and the change encouraged in Council’s HDS.

2.       Loss of privacy (overlooking).

Balconies and windows have been located and designed to minimise overlooking potential and measures to address overlooking meet the requirements of ResCode.  This is considered to be a satisfactory outcome.

3.       Overshadowing

With north to the rear, the overshadowing diagrams demonstrate that the overshadowing impacts are within the acceptable range under ResCode, and do not adversely affect the private open space areas of the two adjoining properties at Nos.18 and 24 Settlement Road (east and west side respectively).  The alterations agreed by the applicant further reduce overshadowing.

4.       Insufficient car parking.

Car parking is provided at basement level, and meets the Planning Scheme requirements for both residents and visitors.  The number of spaces exceeds the minimum requirement by one space (the agreed amendment is in excess by two spaces).  Notably, visitor spaces are not within stackers, and car stacker parking is satisfactory for resident parking. 

5.       Impact on Settlement Road (including safety and increased traffic).

The proposal is not anticipated to create any adverse or unacceptable safety hazard, and the increase in traffic numbers on Settlement Road as a direct result of the proposed dwellings is insignificant in terms of existing volumes of traffic.  While the site is opposite the signalised school crossing, VicRoads has consented to a permit being issued, and specified a number of conditions that must be included.

It is not considered that the proposal would adversely affect the access to the primary school opposite the site.

6.       Adverse amenity impacts on surrounding area.

While the proposal is more intense, it remains a residential use.  It is developed across two residential lots, enabling appropriate and required setbacks to be achieved.  Car parking and access arrangements meet relevant requirements.  The proposal is within an area where higher densities are not only expected, but are actively encouraged by planning policy, including Council’s HDS.

7.       Construction impacts on surrounding area.

In any development of this nature, there are requirements under building controls that require protection of adjoining properties.

8.       Property devaluation

Claims of property devaluation have consistently been held to not be a relevant planning consideration.

Declarations of Conflicts of Interest

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

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

Conclusion

The application has been assessed against the Whittlesea Planning Scheme and in particular the objectives and standards of Clause 52.06, Clause 55 and the State and Local Planning Policy Frameworks including the Housing Diversity Strategy.  The proposal demonstrates a satisfactory level of compliance subject to conditions.

It is considered that the proposal assists in the implementation of Council’s Housing Diversity Strategy, provides an appropriate diversity and mix of housing in the area, and will not have a detrimental impact on the character of the neighbourhood or on existing surrounding residential properties.  Accordingly approval of the application is recommended.

 

Recommendation

THAT Council resolve to approve Planning Application No. 715255 and issue a Notice of Decision to Grant a Permit for development of an Apartment Building comprising 24 dwellings with basement car parking and access from a Road Zone Category 1 (RDZ1) at 20 and 22 Settlement Road, Bundoora in accordance with the endorsed plans and subject to the following conditions:

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

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

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

3.       Before the development commences, amended plans must be submitted to and approved by the Responsible Authority showing the following changes:

(a)     The proposal amended in accordance with amended plans referenced as ‘Discussion Plans’ labelled TPA02, TPA03 and TPA05 dated December 2016 as prepared by SMLX Pty Ltd, which show amendments which include the deletion of Level 3 (third floor), reduction in overall building height (to 7.97 metres), changes to second floor balconies and balcony screening and variation to side and rear setbacks.

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

5.       Before the development commences, a schedule (including samples) of all external materials and colours for all walls, roofs, and doors including hard surface areas to be used for the construction of the proposed dwellings/buildings, including access ways is to be submitted to and approved by the Responsible Authority.  Any proposed access way must be constructed from coloured concrete, bricks or pavers and not from plain concrete.

6.       Before the use of the development commences, the land must be consolidated in title and/or re-subdivided under the Subdivision Act 1988.

7.       Before the use and/or development hereby permitted starts, a Waste Management Plan must be prepared to the satisfaction of the Responsible Authority.  Once satisfactory, such a plan will be endorsed and must be implemented to the satisfaction of the Responsible Authority.  The Plan must provide the following details of a regular private waste (including recyclables) collection service for the subject land including:

·        The type/s and number of waste bins.

·        Screening of bins.

·        Type/size of trucks.

·        Frequency of waste collection.

·        Hours of collection (to comply with EPA Regulations).

The endorsed Waste Management Plan must not be amended without prior written consent of the Responsible Authority.

8.       Before development commences, a Visitor Car Parking Management Plan must be submitted to and approved by the Responsible Authority.  The plan must detail the manner in which visitors to the site are directed to and gain access to the designated visitor car parking bays.

9.       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.

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

11.     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.

12.     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.

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

(a)     Nominate any staging of the development and means of satisfactory separation of any stage or stages once completed with any subsequent or incomplete stage or stages.

(b)     Include separate parts describing relevant matters of occupational health and safety, traffic management and delivery times and methods.

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

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

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

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

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

15.     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.

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

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

18.     Prior to occupation of any dwelling on the subject site, a letter box and house number to the satisfaction of the Responsible Authority must 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.

VicRoads Conditions (Conditions 22 to 25)

22.     The disused or redundant vehicle crossings must be removed and the area reinstated to nature strip, kerb and channel to the satisfaction of and at no cost to the Roads Corporation prior to the occupation of the building.

23.     Before the commencement of any works on Settlement Road, functional layout / signal layout plans at a scale of 1:250 must be approved by the Roads Corporation and the Responsible Authority showing the following works:

(a)     A left turn signal display is to be installed at the pedestrian signals facing the exit from site’s car park.

(b)     A Keep Clear linemarking at the front of the proposed crossover and across the two east bound lanes of Settlement Road.

(c)     The layout of the proposed crossover with appropriate splays, including trees, utilities and services to be removed / relocated.

(d)     Swept paths analysis of a B99 car wishing to enter the site whilst a B99 car is waiting to exit.

24.     Before the building is occupied, the following works on Settlement Road are required and must be completed at no cost to and to the satisfaction of the Roads Corporation:

(a)     A left turn red signal display is to be installed at the pedestrian signals facing the exit from site’s car park.

(b)     A Keep Clear linemarking is required in front of the proposed crossover and across the two east bound lanes of Settlement Road.

(c)     A crossover of sufficient width to allow a B99 car to enter whilst another is waiting to exit, but not less than a minimum width of 5m at the entrance with a passing area of no less than 7m into the property is to be constructed to the satisfaction of the Responsible Authority.  The crossover must have a corner splay or area of at least 50 per cent clear of visual obstructions extending at least 2m along the frontage road and 2.5m along the exit access way.  All exits from the property must be in a forward direction.

25.     A car park access scheme is required as to how visitors will access the premises in terms of security without requiring these vehicles to have to reverse back onto Settlement Road.  Such a scheme must be to the satisfaction of the the Roads Corporation and/or the Responsible Authority and at no cost to the Roads Corporation prior to the commencement of the works.

End of VicRoads Conditions

26.     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 six months after the permit expiry date where the development has not yet started and within 12 months after the permit expiry date where the development allowed by the permit has lawfully started before the permit expires.

NOTES:

VicRoads

The proposed development requires reinstatement of disused crossovers to nature strip, kerb and channel and construction of a new crossover.  Separate approval under the Road Management Act for this activity may be required from VicRoads (the Roads Corporation).  Please contact VicRoads prior to commencing any works

Advanced Trees

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

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

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

Easements

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

Street Numbering Note

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

 Council Resolution

Moved:                       Cr Alessi

Seconded:               Cr Lalios

 

THAT Council resolve to refuse Planning Permit Application No. 715255 and issue a Refusal to Grant a Permit for the construction of a four storey residential building comprising 24 dwellings with basement car parking and creation/alteration of an access to a Road Zone Category 1 at 20 and 22 Settlement Road, Bundoora, on the following grounds:

1.         The proposal will adversely affect the safe and efficient functioning of Settlement Road in this location, particularly having regard to the proximity of the major intersection of Settlement Road and Plenty Road, the location of the school and church opposite, and the school crossing located at the frontage of the land.

2.         The proposal will generate an unacceptable increase in traffic and in turning movements at this location in Settlement Road.

3.         The proposal is an overdevelopment of the site and the built form is of a poor design that creates unacceptable visual bulk to surrounding and nearby properties and to the streetscape.

4.         The proposal will result in a loss of privacy to surrounding residential properties, and is not consistent with Clause 55.04-6 (Overlooking) of the Whittlesea Planning Scheme

5.         The proposal does not provide adequate car parking that would be reasonably expected for a development of the density and scale proposed.

6.         The proposal has a scale and design that is not in keeping with the existing character of the neighbourhood and does not integrate well with existing housing stock, and is not consistent with Clause 55.02-1 (Neighbourhood character) of the Whittlesea Planning Scheme.

7.         The proposal has not resolved the requirement for on-site waste storage and collection, and no Waste Management Plan has been submitted with the application.

8.         The proposal will create an unacceptable level of overshadowing to adjoining properties and to the public realm in settlement road, and is not consistent with Clause 55.04-5 (Overshadowing) of the Whittlesea Planning Scheme.

Carried


Ordinary Council Minutes                                                                     Tuesday 30 May 2017

 

6.1.7    3 Development Boulevard, Mill Park - Use and Development of a childcare centre, removal of native vegetation, buildings and works associated with an office and warehouse, a reduction in car parking requirements and display of business identification signage.

File No:                                  715188

Attachments:                        1        Locality Maps

2        Development Plans

3        Vegetation Removal Plan   

Responsible Officer:           Director Planning & Major Projects

Author:                                  Senior Planner   

 

APPLICANT:                                  Jamluk Pty Ltd

COUNCIL POLICY:              Child Care Centre

          River Red Gum Protection

ZONING:                               Commercial 1

OVERLAY:                            Development Contributions Plan (Schedule 3)

Vegetation Protection (Schedule 1)

REFERRAL:                          Nil

OBJECTIONS:                      Two

RECOMMENDATION:         That Council approve the proposal.

Report

EXECUTIVE Summary

The applicant proposes to redevelop the subject site at 3 Development Boulevard, Mill Park for the purpose of a child care centre, two office premises and a warehouse. The proposal will involve refurbishment of existing buildings and new buildings and extensions. Additional provision of car parking, some removal of native vegetation and display of business identification signage are also proposed.  The site was previously occupied by the Buzy Kidz Fun Centre and Bike School.

Advertising of the proposal resulted in two objections being received. The grounds of objection relate to scale and character, overshadowing, loss of vegetation, insufficient parking and traffic congestion.

The proposal has been assessed as being compliant with the provisions of the Whittlesea Planning Scheme. Accordingly, it is recommended that Council approve the application.

SITE AND SURROUNDING AREA

The subject site is located on the southwest side of Development Boulevard, Mill Park and approximately 75m southeast of Plenty Road (see Attachment 1). The land is irregular in shape and forms part of an existing commercial precinct that includes a range of commercial uses such as a real estate agent, take-away food shops, restaurants and a swim school. The land has a southern boundary length of 91.1m; a boundary length of 43m abutting the swim school centre to the northeast and the remainder of the boundaries abutting common property areas within the existing commercial precinct.  The site was previously occupied by a children’s play centre known as Buzy Kidz Fun Centre and Bike School.  The existing development includes an outdoor area located towards the southern boundary which is set up as a traffic school for children to ride bikes.  Access to the site is from Development Boulevard via the existing vehicle crossover located within common property located on the northwest corner of the site.

To the south of the site is a 5.0m wide public open space lineal reserve that contains mature planted landscaping.  The reserve acts as a buffer between the residential and commercial area.  The residential area to the south includes detached single and double storey residential dwellings on standard density lots. The private open space areas of these dwellings abut the reserve.

To the north of the site, across Development Boulevard, is the Rivergum Shopping Centre which contains a range of retail, office and supermarket uses.  The buildings on this land are located to the rear of the site with a large car parking area located within the Plenty Road frontage. To the west of the site is a commercial development containing common property parking, a real estate agent, take-away food shops, and restaurants.  All of these commercial premises are oriented to front Plenty Road.  To the east of the site is a swim centre building with associated car parking, Taree Park Recreation Reserve and a mixed use commercial development.

restrictions and easements

The site is legally described as Lot 2 on Plan of Subdivision 422091R.  Section 173 Agreements R249926P and R861861D apply to the land and relate to the fencing along the reserve.  There are no restrictions on title that preclude Council from determining the application.

Background

Planning Permit No. 704695 was issued on 16 December 1998 for the purpose of a traffic school which was approved for the southern portion of the land.  Condition No. 2 of the Planning Permit required the approval of a landscape plan showing a landscape buffer along the southern boundary of the property (in addition the planting contained in the reserve).  The purpose of this landscape buffer was to alleviate any privacy impact to the adjoining residential properties to the south. It should be noted that all planting has been undertaken in accordance with the permit condition and that this vegetation has established since the issue of the permit.

Planning Application No. 711021 was issued on the 2 February 2010 to use and develop the land for the purpose of offices, retail premises, a restricted indoor recreation facility and a reduction in the car parking requirements.  The permit expired on the 2 March 2012 as it was not commenced.  The current application is for a similar proposal to that previously approved under this permit (with the restricted indoor recreation facility now to be replaced by two warehouse units).

Planning Application No 714524 was lodged in 2014 to convert the existing building into a two storey commercial development comprising four retail premises and two offices on the ground floor and nine offices at first floor level.  Two warehouse units were proposed within the southeast portion of the land. This application was refused by Council on 26 August 2014 on the basis of it being an overdevelopment, inadequate provision of car parking and unsatisfactory design outcomes.

Proposal

The application is for the use and development of the land for the purpose of a childcare centre and warehouse, removal of native vegetation, buildings and works associated with an office, a reduction in car parking requirements and display of business identification signage. Attachment 2 shows the proposed development and associated works.  The following provides a summary of the application:

Child Care Centre

The proposed child care centre is to accommodate 136 children.  The proposed centre will utilise and extend the existing building on the site to provide a building of 925m2 and an adjoining outdoor play space (located to the west and south of the proposed building) with an area of 785m2.

Office

The proposal includes the creation of two office premises: one with a floor space of 107m2 and the other with an area of 105m2.  A permit is only required for minor external works to the existing building.  A planning permit is not required under the zone for the use of the land for office purposes.

Warehouse

A permit is required for the use and development of the land for a warehouse.  The building is to be located in the southeast corner of the subject site. The warehouse will consist of 365m2 of net floor area and is to be recessed 1.3m from the southern boundary, providing a total separation of 6.3m from adjoining residential land. The proposed built form of the warehouse will have a total height of 8.4m, which is reduced to 5.5m at the southern boundary.  Although an end use for the warehouse has not been determined at this stage, planning provisions require that the warehousing of goods or materials that may affect amenity of area (as defined by Clause 52.10) is not permitted. Should a permit be issued, planning conditions would be imposed to comply with this requirement.

Reduction of parking requirements

The subject site forms part of a larger commercial precinct where 261 car parking spaces are provided within common areas. These parking spaces are not allocated to any specific premises. Consequently, a reduction of car parking requirements is needed as consideration must be given to whether the common area parking is capable of accommodating the anticipated demand for parking, and if not, whether capacity for car parking within the surrounding street network and/or access to public transport may support a reduction of parking requirements.

The proposed development includes the construction of 15 new car parking spaces. One of these will be located within the common area and the remaining 14 spaces will be contained within the property title of the subject site.

Removal of vegetation

The applicant proposes to remove five trees that require planning permission in accordance what the Vegetation Protection Overlay that affects the subject site and surrounding area. The vegetation to be removed includes four She-Oaks that form part of the landscaping associated with the original development and one small River Red Gum (see Attachment 3).

Display of signage

The applicant has requested planning permission to display business identification signage. This consists of three signs each within an area of 5.2m2, providing a total area of 15.6m2.

Public Notification

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

1.       Scale and character of the proposed warehouse not appropriate for residential interface area

2.       Overshadowing

3.       Loss of vegetation

4.       Insufficient parking and traffic congestion

Planning ASSESSMENT

State and Local Planning Policy Framework

The proposed development is located within a local activity centre which under State planning policy is to be the focus for high quality development and the location for business, shopping, working, leisure and community facilities (Clause 11.03-1 and 21.04-1).  In this context the redevelopment proposal will support continued growth and diversification of the centre to provide access to a wide range of goods and services, provide local employment and support the local economy (Clause 11.06-1, 17.01-1 and 21.10-1)

 

State planning provisions relating to the built environment require that planning achieve high quality urban design outcomes contribute positively to local urban character and sense of place and minimises detrimental impacts on neighbouring properties (Clause 15.01 and 21.08-1).  Urban design principles also seek to ensure that the development process should be managed so that sites are not in an unattractive, neglected state for excessive periods.  New development should achieve high standards of architecture and be appropriately landscaped (Clause 15.01-2).

 

In relation to the proposed child care centre, Council’s local policy (Clause 22.05) seeks to ensure that that proposed centres are well designed, serve the needs of the community and minimise impacts on the amenity of adjoining areas.  The proposed centre has been assessed under these provisions and the associated guidelines and has been found to be consistent with the policy.  In particular, the proposal is located within a local activity centre context (in proximity to other facilities), provides for the safe and efficient of movement of vehicles and pedestrian traffic, is of a scale and design suitable to the area and will fulfil a demonstrated need. Conditions of any permit granted will require hours to be 7.00am to 6.00pm each day.  Although weekend use is unlikely, the conditions would not exclude this given the zoning of the land.

 

Clause 22.10 (River Red Gum Protection Policy) seeks to ensure that new development takes into account the presence, enhancement and long term viability of River Red Gums in urban areas.  It is policy that Red Gums are integrated into new development where feasible.  For the reasons set out further in this report, it is proposed that a single small River Red Gum be removed and replaced with other new landscaping.

Zoning Provisions

The subject site is located within the Commercial 1 Zone.  A purpose of the zone seeks to ‘crease vibrant mixed use commercial centres for retail, office, business, entertainment and community uses.’  Under the zone a permit is required for:

·    The use and development of the land for a child care centre

·    The use and development of the land for a warehouse

·    Buildings and works associated with the proposed new offices

·    The display of signage in accordance with Clause 52.05

Relevant decision guidelines under the zone include ‘the interface with adjoining zones, especially the relationship with residential areas.’  A response to the two objections received from an adjoining residential area is provided further in this report.  

Although warehouse uses are typically associated with the zone, the application proposal is for a small component of the site that that does not have street frontage.  As previously noted in this report, warehouse uses are restricted to activity that does not have the potential for adverse amenity impacts as defined under the planning scheme.  Conditions will be required limiting hours of operation from 8.00am to 6.00pm Monday to Saturday.

The full proposal has been assessed as consistent with the purpose of the zone and decision guidelines because adequate provision is provided for car parking and an appropriate interface is provided with the residential land to the south.

Vegetation Protection Overlay (Schedule 1)

The subject site is affected by the Vegetation Protection Overlay (Schedule 1). A planning permit is required to remove native vegetation.  In relation to the seven She-Oaks these constitute previously planted trees, three of these are located within common property abutting the site and can be retained.  A new landscape plan will be required which will require replacement canopy trees designed around the new development to ensure shade and amenity.

The single River red gum to be removed comprised a small tree with a trunk diameter of 37cm located within close proximity to the existing car parking spaces.  The tree has been assessed as not providing a significant level of amenity and not capable of further expansion under either the existing development layout or the proposed development.  The removal of the tree is supported.  Conditions of permit will ensure that an appropriate offset is secured elsewhere as a result of this loss.

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.  This requirement must be included as a condition on any planning permit that is issued (in relation to additional impervious areas only).

Display of Signage

The subject site is located within the Commercial 1 Zone, which nominates that signage category 1 applies as set out in Clause 52.05 of the Whittlesea Planning Scheme. In this instance the proposed signs have a total area greater than 8m2 and therefore require a planning permit.

The proposed signs are considered to be modest and appropriately located to clearly identify the building and the business contained within. It is recommended that the proposed signage be approved with standard permit conditions that have been outlined in the recommendation section of this report.

Car Parking

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

Use

Rate

Car spaces required

Car spaces provided

Child Care Centre

0.22 parking spaces to each child

29

14 on the site subject site plus one new space within the common car parking area

Warehouse

1.5 parking spaces to every 100m2 of net floor area plus 2 spaces per premises

7

Office

3.5 spaces to every 100m2 of net floor area

7

 

The proposal requires a reduction of car parking requires as the existing parking arrangement is shared and contained entirely within common property. The proposal would result in demand for 43 spaces pursuant to the parking rates set out in the Whittlesea Planning Scheme.

The proposal includes the construction of 15 new car parking spaces, of which one will be within the common property area and 14 within the subject site. The result is a reliance on 29 of the 262 shared parking spaces available within the broader common property area. Having regard to the previous approvals granted for the subject site, the play centre included the use of 30 car parking spaces within the common property.

The proposed reduction of parking requirements is considered to be appropriate due to the abundance of shared spaces available within this commercial area.

Comments on Grounds of Objection

1.       Scale and character of the proposed warehouse

A warehouse proposed under a previous application was refused by Council.  The proposed warehouse has been reduced in size.  The wall close to the southern boundary has been reduced in length by 13m.  It is acknowledged that the land slopes towards the rear boundaries of the residential lots thus further exposing the site and outlook to the proposed building.  However, the proposed building is considered modest and commensurate with other commercial buildings that potentially could also be established on this site.  The proposed warehouse is to have a maximum height of 8.4m reduced to a height of 5.5m at the southern façade.

To partially address the concerns of objectors it is recommended that the setback of the warehouse to the rear boundary be increased from 1.3m to 2.0m to ensure that additional landscaping can be established in conjunction with the existing landscaping provided within the 5.0m landscaped reservation separating the residential area from the subject land.

2.       Overshadowing

The proposed warehouse will result in some overshadowing during the morning of residential properties located to the south. However, the extent and duration of this overshadowing has been assessed as acceptable.  The requirement for a small additional setback will assist in alleviating this concern. 

3.       Loss of vegetation

While planted native trees and a single River Red Gum will require removal from part of the subject land, replacement landscaping will be provided under conditions of any permit issued.  It should be noted that the vegetation buffer provided by the 5m wide reserve between the subject site and the residential properties to the south will not be affected by the proposal.

4.       Insufficient parking and traffic congestion

The common property, of which the subject site has a right to use, is considered to be capable of supporting the demand for car parking in accordance with the parking rates set out in the Whittlesea Planning Scheme. The subject site will provide for 15 additional car parking spaces and will not result in the congestion of the surrounding road network.  The residential area and street on which the objectors are located is physically separated from the commercial precinct and no traffic impacts arising from the development will affect this residential area.

Declarations of Conflicts of Interest

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

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

Conclusion

The proposal has been assessed against the relevant provisions of the Whittlesea Planning Scheme with particular attention to the State and local planning policy frameworks, zoning and overlay provisions and other particular provisions.  The application proposal has been assessed as generally compliant with these provisions.  The proposal appropriately utilises the site and has appropriate regard to the interface with residential areas to the south.  It is therefore recommended that the application be approved subject to conditions.

 

Recommendation

THAT Council resolve to approve Planning Application No. 715188 and issue a Notice of Decision to Grant a Permit for the use and development of a child care centre and warehouse, buildings and works associated with an office, display of business identification signage, removal of native vegetation and reduction of car parking requirements, at 3 Development Boulevard, South Morang, in accordance with the endorsed plans and subject to the following conditions:

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

2.       Within two months from the date of issue of this permit, or at such later date as the Responsible Authority may approve in writing, there shall be lodged with the Responsible Authority an amount of $3,400.00 as security deposit for the satisfactory completion and maintenance of the landscaping works hereby permitted. Upon completion of the landscaping works to the satisfaction of the Responsible Authority, the Responsible Authority will refund the security deposit to the then owner of the subject land.

3.       Before the development and/or use hereby permitted starts, three copies of amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of this permit. The plans must be generally in accordance with the plans dated 8 February 2017 and prepared by Caddco but modified to show:

a)      The warehouse setback a minimum of 2.0m from the southern property boundary;

b)      A detailed schedule of external colours and materials; and

c)      A landscape plan as required by Condition No. 4 of this permit.

4.       Concurrent with the endorsement of plans under Condition 3 and before the development and/or use hereby permitted 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)      A survey of all existing vegetation and natural features;

b)      The area or areas set aside for landscaping;

c)      A schedule of all proposed trees, shrubs/small trees and ground cover;

d)      The location of each species to be planted and the location of all areas to be covered by grass, lawn or other surface material;

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

f)       Appropriate irrigation systems; and

g)      The provision of a minimum of eight canopy trees throughout the development in appropriate locations.

5.       Unless with the prior written consent of the Responsible Authority;

a)           the use of the land as a warehouse may only operate between the hours of 8am to 6pm Monday to Saturday; and

b)           the use of the land as a child care centre may only operate between the hours of 7am to 8pm.

6.       The child care centre may only operate with a maximum of 136 children, unless otherwise agreed in writing by the Responsible Authority.

7.       The warehouse units are prohibited from undertaking any activity listed in Clause 52.10 ‘Uses with Adverse Amenity Potential’ of the Whittlesea Planning Scheme.

8.       The development and/or use hereby permitted must be managed so that the amenity of the area is not detrimentally affected, through the:

a)      Transport of materials, good or commodities to or from the land;

b)      Appearance of any building, works or materials;

c)      Emissions of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil;

d)      Presence of vermin.

9.       The collection of waste must be undertaken from within the subject land and may not unreasonably affect the amenity of nearby residential properties in any way, to the satisfaction of the responsible Authority.

10.     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.

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

12.     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.

13.     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.

14.     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.

15.     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.

16.     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.

17.     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.

18.     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.

19.     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.

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

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

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

23.     During the construction phase, 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.

Signage (Conditions 24 – 28)

24.     The location and details of the sign(s), including supporting structures, as shown on the endorsed plans, must not be altered unless with the prior written consent of the Responsible Authority.

25.     The sign(s) must not contain any flashing or moving light, to the satisfaction of the Responsible Authority.

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

27.     The sign(s) must be constructed and maintained to the satisfaction of the Responsible Authority.

28.     No bunting, streamers, windvanes or the like shall be displayed unless with the prior written consent of the Responsible Authority.

Expiry (Conditions 29 – 30)

29.     The signage component of this permit will expire if one of the following circumstances applies:

a)      The signage hereby approved is not displayed within 12 months of the date of this permit.

b)      The buildings and works are not completed within 12 months of the date of this permit.

30.     This permit will expire if:

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

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

c)      The uses herby permitted does not commence within four years of the date of this permit; or

d)      The uses herby permitted cease for a period of two or more years.

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

NOTES:

Advanced Trees

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

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

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


Street Numbering Note

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

          Child Care Centre         3 Development Boulevard, Mill Park

          Office 1 (107m2)           3A Development Boulevard, Mill Park

          Office 2 (105m2)           3B Development Boulevard, Mill Park

          Warehouse                             5A Development Boulevard, Mill Park

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

Signage

The display of signage must be in accordance with the provisions of the Whittlesea Planning Scheme. Please note that a planning permit may be required to display some signs.

 MOTION

Moved:                       Cr Alessi

Seconded:               Cr Cox

 

THAT Council resolve to refuse Planning Application No. 715188 and issue a Refusal  to Grant a Planning Permit for the use and development of a child care centre and warehouse, buildings and works associated with an office, display of business identification signage, removal of native vegetation and reduction of car parking requirements, at 3 Development Boulevard, Mill Park, on the following grounds:

1.         The proposal does not comply with Clause 52.06 of the Whittlesea Planning Scheme with respect to the provision of visitor car parking spaces.

2.         The proposed use of the land for a warehouse is not appropriate having regard to surrounding land uses.

3.         The height of the warehouse will have an unreasonable impact on adjoining properties having regard to:

a.    Visual bulk

b.    Setback from the southern boundary

c.    Overshadowing of residential properties to the south.

LOST

Division

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

 

For

Cr Pavlidis

Cr Kozmevski

Cr Alessi

Cr Cox

Cr Sterjova

Against

Cr Kirkham

Cr Kelly

Cr Lalios

Cr Monteleone

Cr Desiato

Abstained

Nil

Based on the votes cast during the Division, the vote was tied.

Casting vote

In accordance with Clause 68 of the Procedural Matters Local Law the Mayor exercised his right to a casting vote to vote against the Motion.

LOST

Council Resolution

Moved:                       Cr Kelly

Seconded:               Cr Monteleone

 

THAT Council resolve to approve Planning Application No. 715188 and issue a Notice of Decision to Grant a Permit for the use and development of a child care centre and warehouse, buildings and works associated with an office, display of business identification signage, removal of native vegetation and reduction of car parking requirements, at 3 Development Boulevard, South Morang, in accordance with the endorsed plans and subject to the following conditions:

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

2.       Within two months from the date of issue of this permit, or at such later date as the Responsible Authority may approve in writing, there shall be lodged with the Responsible Authority an amount of $3,400.00 as security deposit for the satisfactory completion and maintenance of the landscaping works hereby permitted. Upon completion of the landscaping works to the satisfaction of the Responsible Authority, the Responsible will refund the security deposit to the then owner of the subject land.

3.       Before the development and/or use hereby permitted starts, three copies of amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of this permit. The plans must be generally in accordance with the plans dated 8 February 2017 and prepared by Caddco but modified to show:

a)      The warehouse setback a minimum of 2.5m from the southern property boundary;

b)      A detailed schedule of external colours and materials; and

c)      A landscape plan as required by Condition No. 4 of this permit.

4.       Concurrent with the endorsement of plans under Condition 3 and before the development and/or use hereby permitted 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)      A survey of all existing vegetation and natural features;

b)      The area or areas set aside for landscaping;

c)      A schedule of all proposed trees, shrubs/small trees and ground cover;

d)      The location of each species to be planted and the location of all areas to be covered by grass, lawn or other surface material;

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

f)       Appropriate irrigation systems; and

g)      The provision of a minimum of eight canopy trees throughout the development in appropriate locations.

5.       Unless with the prior written consent of the Responsible Authority;

a)      the use of the land as a warehouse may only operate between the hours of 8am to 6pm Monday to Saturday; and

b)      the use of the land as a child care centre may only operate between the hours of 7am to 8pm.

6.       The child care centre may only operate with a maximum of 136 children, unless otherwise agreed in writing by the Responsible Authority.

7.       The warehouse units are prohibited from undertaking any activity listed in Clause 52.10 ‘Uses with Adverse Amenity Potential’ of the Whittlesea Planning Scheme.

8.       The development and/or use hereby permitted must be managed so that the amenity of the area is not detrimentally affected, through the:

a)      Transport of materials, good or commodities to or from the land;

b)      Appearance of any building, works or materials;

c)      Emissions of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil;

d)      Presence of vermin.

9.       The collection of waste must be undertaken from within the subject land and may not unreasonably affect the amenity of nearby residential properties in any way, to the satisfaction of the responsible Authority.

10.     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.

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

12.     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.

13.     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.

14.     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.

15.     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.

16.     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.

17.     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.

18.     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.

19.     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.

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

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

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

23.     During the construction phase, 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.

Signage (Conditions 24 – 28)

24.     The location and details of the sign(s), including supporting structures, as shown on the endorsed plans, must not be altered unless with the prior written consent of the Responsible Authority.

25.     The sign(s) must not contain any flashing or moving light, to the satisfaction of the Responsible Authority.

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

27.     The sign(s) must be constructed and maintained to the satisfaction of the Responsible Authority.

28.     No bunting, streamers, windvanes or the like shall be displayed unless with the prior written consent of the Responsible Authority.

Expiry (Conditions 29 – 30)

29.     The signage component of this permit will expire if one of the following circumstances applies:

a)      The signage hereby approved is not displayed within 12 months of the date of this permit.

b)      The buildings and works are not completed within 12 months of the date of this permit.

30.     This permit will expire if:

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

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

c)      The uses herby permitted does not commence within four years of the date of this permit; or

d)      The uses herby permitted cease for a period of two or more years.

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

NOTES:

Advanced Trees

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

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

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

Street Numbering Note

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

          Child Care Centre       3 Development Boulevard, Mill Park

          Office 1 (107m2)                   3A Development Boulevard, Mill Park

          Office 2 (105m2)                   3B Development Boulevard, Mill Park

          Warehouse                  5A Development Boulevard, Mill Park

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

Signage

The display of signage must be in accordance with the provisions of the Whittlesea Planning Scheme. Please note that a planning permit may be required to display some signs.

CARRIED

 

Division

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

 

For

Cr Kirkham

Cr Kelly

Cr Lalios

Cr Monteleone

Cr Desiato

Against

Cr Pavlidis

Cr Kozmevski

Cr Alessi

Cr Cox

Cr Sterjova

Abstained

Nil

Based on the votes cast during the Division, the vote was tied.

Casting vote

In accordance with Clause 68 of the Procedural Matters Local Law the Mayor exercised his right to a casting vote to vote in favour of the motion.

CARRIED

 


Ordinary Council Minutes                                                                     Tuesday 30 May 2017

 

6.1.8    2365 Plenty Road, Whittlesea - Buildings and works associated with an existing facility used for leisure and recreation (Funfields)

File No:                                  716259

Attachments:                        1        Locality Maps

2        Development Plans   

Responsible Officer:           Director Planning & Major Projects

Author:                                  Planning Officer Established Areas Planning   

 

APPLICANT:                                  Caswell Nominees Pty Ltd

COUNCIL POLICY:              Nil

ZONING:                               Green Wedge Zone

OVERLAY:                            Significant Landscape (Schedule 1)

REFERRAL:                          Nil

OBJECTIONS:                      One

RECOMMENDATION:         That Council approve the application.

Report

EXECUTIVE Summary

The applicant proposes to construct a new entertainment ride (‘Revolution 360’) within the existing Funfields amusement park.  The application also proposes to construct a small outbuilding for storage elsewhere on the land (unrelated to the proposed ride).  The Funfields venue initially commenced in the early 1990s and has experienced sustained growth since this time.

The operator seeks to construct the ride during the off-season (rather than during the peak summer season).  The application has been advertised and a single objection has been received by a nearby resident relating to noise impacts from patrons using the ride and dust emissions generated from car parking areas associated with the broader facility.

This report recommends that buildings and works be approved because they will be integrated with existing facilities and amusement facilities. 

A number of planning permits have previously been granted for buildings and works to accommodate the current recreation facilities and rides.  However, the modest visitor numbers and operating conditions approved under the original permit do not reflect the current level of use and visitation (particularly at peak periods).  The proponent has therefore lodged a separate application for planning permit to amend the original permit to reflect current and projected visitation and use.  It is anticipated that this separate application will be placed on public notice shortly. The objector to the application considered in this report will be provided with an opportunity to make further submissions in relation to this further application.

SITE AND SURROUNDING AREA

The subject site is located on the western side of Plenty Road, south of the Whittlesea Township (see Attachment 1). The site comprises an area 15.6ha and rises gently from Plenty Road towards the central section of the property and then further rises more steeply to the rear (western) boundary of the site which forms part of the Whittlesea Hills.  The Funfields venue contains a number of amusement rides, water theme-based activities and associated recreational areas such as BBQs.  Entry to the site is via Plenty Road which provides access to a sealed car parking area and associated overflow area.  Mature planted vegetation is provided through the site and along boundaries to the residential interface areas.  A caretaker’s resident is established on the land.

Land to the north abuts a standard density residential area separated by a 12m wide tree reserve (a total of 14 dwellings abut this interface).  Land to the south abuts a low density residential area (six lots containing existing dwellings).  Land to the north abuts rural land used for grazing purposes.  Land to east, opposite Plenty Road, is currently vacant and zoned for low density residential purposes.

restrictions and easements

The Certificate of Title for the property shows that the site is not affected by any encumbrances or restrictions.

BACKGROUND

Funfields has operated from the subject site for approximately 27 years. Over this period planning permits have been granted for a range of facilities rides and associated works.  However, the modest visitor numbers and operating conditions approved under the original permit do not reflect the current use and visitation (particularly at peak periods).  The proponent has therefore lodged a separate application (at the request of Council officers) for planning permit to amend the original permit to reflect current and projected visitation and use.  It is anticipated that this separate application will be placed on public notice and a decision made prior to the next peak season commencing this Summer.  This application will address issues relating to traffic management and noise attenuation (among other matters). 

Proposal

The applicant proposes to construct a new entertainment ride (‘Revolution 360’) within the existing Funfields amusement park.  The application also proposes to construct a small outbuilding for storage elsewhere within the facility (unrelated to the proposed ride).  Plans showing the development (and associated earthworks) are shown in Attachment 2.  The ‘Revolution 360’ ride (and associated shade sail) is proposed to be located in the centre of the site, east of the water slide and south of the go-kart area.

The proposed ride is a metal revolving structure which has a permanent central pole (approximately 14.0m in height) with a revolving ride reaching a maximum height of 20.0m at full rotation. A 10.0m x 5.0m shade sail (3.5m in height) is proposed adjacent to the ride, and a retaining wall (1.86m in height) is proposed to be constructed from rendered brickwork and will form the platform for the ride.  The applicant has described the ride as follows:

Up to 16 riders are seated in a large circular gondola facing outwards and are held in their seats by over the shoulder restraints with their feet below.  The ride action is like a pendulum and as it begins to swing, the gondola also rotates.  As each swing gets longer, the gondola eventually swings fully through 360 degrees.

The proposed ride will be operated by two trained staff.  The ride is similar to the existing ‘Pirate Ship’ ride which has been on the site since approximately 2009.

The proposed outbuilding comprises a ‘Colourbond’ clad 12.0m x 8.0m (96.0m2) building (5.2m height) which is to be used for storage purposes.

Public Notification

Advertising of the application has resulted in an objection being received from a resident of one of the 14 dwellings abutting the northern boundary of the subject land.  The grounds of objection relate to noise impacts from patrons using the ride and dust emissions generated from the car parking areas.  The resident is within proximity to an unsealed area that is used for overflow parking.  However, the objector’s dwelling is approximately 250m from the proposed ride.

 

PLANNING ASSESSMENT

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

State and Local Planning Policy Frameworks

Clause 11.06-4 (Place and identity – metropolitan areas) sets out strategies which seek to ‘create innovate tourism experiences and encourage investment that meets demand and supports growth in tourism.’    Other State Planning Policy Framework objectives relating to tourism (Clauses 17.03-1 and 17.03-2) seek to ‘maintain and develop Metropolitan Melbourne as a tourism destination’ and ‘encourage tourism development to maximise the employment and long term economic and cultural benefits’.  Toursim strategies seek to ensure that development is well designed and compatible with surrounding urban and rural activities.

Clause 11.06-7 outlines strategies that aim to ‘support development in the green wedge that provides for environmental, economic and social benefits.’  Clause 12.04-2 requires that consideration be given to protecting and enhancing significant landscapes and their associated values.

Local planning policy provisions also seek to support tourism but at the same time also recognise and protect visually sensitive areas and landscapes (Clause 21.05-3 and 21.08-1).

For the reasons further set out in this report, the proposed development is considered to be consistent with tourism, green wedge and landscape objectives as set out in State and local planning provisions.

Zoning and Overlay Provisions

Green Wedge Zone (Clause 35.04)

An objective of the Green Wedge Zone (GWZ) seeks to recognise, protect and conserve green wedge land for agricultural, environmental, historic, landscape, recreational and tourism opportunities.  The use of land for leisure and recreation is discretionary (permit required) use within the zone.  This use is established under a planning permit and an amendment to this permit has been lodged to ensure that the scope of the use reflects existing and proposed activity on the site.

The decision guidelines in the GWZ require that the responsible authority consider a range of rural, environmental and design and siting issues including ‘whether the site is suitable for the use and development and the compatibility of the proposal with adjoining land uses’ and ‘the need to minimise any adverse impact of siting, design, height, bulk and colours and materials to be used, on landscape features, major roads and vistas’.  In relation to the current proposal, officers are satisfied that the development (both the ride and outbuilding) can be accommodated on the subject land and will be closely integrated with existing facilities.  While the site is within proximity to residential areas to the north, an approximate 110m setback is provided. An existing and approved go-kart track is located within this intervening area.

Further and more detailed consideration will be given to the purpose and objectives of the zone when determining the separate amendment application to authorise increased patron numbers on the site (among other matters).

Significant Landscape Overlay (Schedule 1) (Clause 42.03)

The land (and proposed development) is affected by a Significant Landscape Overlay (Schedule 1) relating to the protection and enhancement of the Whittlesea Hills.  The proposed development and works are to occur well below the ridgeline and will not involve the removal of native vegetation.  It is accepted that the ride will be prominent feature on the site and visible from surrounding local areas.  However, in the context of the considerable number of other existing rides, its impact will not be significant.  It is likely that further landscape considerations (including screening) will form part of the assessment of the broader amendment application for the site currently under consideration.

Comments on Grounds of Objection

The single objection relates to amenity impacts from noise of patrons using the ride and dust generated from access and parking.  Officers are satisfied that the increase in noise from the additional ride proposed under this application will not have a direct impact on the objector.  However, to the extent that the objector is concerned about the increase in patron activity on the site more broadly, this is a relevant concern that will be addressed as part of the separate application for an amendment to planning permit.

In relation to dust from patron parking (particularly during peak times when unsealed overflow parking is required), this is a relevant issued that will need to be addressed as part of the separate amendment application.  Better sealing or wetting down of overflow areas may be required to address this concern.  However, in relation to the proposed new ride, it is not anticipated that dust will be generated from this activity post construction.

It will be appropriate that officers advise the objector that a further opportunity will be provided to make submissions as part of the amended application in relation to the matters raised.  Submissions received in relation noise and dust emanating from the site will be considered in further detail under this application.

Declarations of Conflicts of Interest

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

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

Conclusion

The proposed development has been assessed against the relevant provisions of the Whittlesea Planning Scheme and demonstrates a satisfactory level of compliance.  The development can be integrated within the existing facility.   Amenity impacts can be managed through existing approvals and further considered as part of a separate amendment application.  The objector to the current application will be given the opportunity to make to comment on any future amendment application when placed on public notice.  For the above reasons it is recommended that the application be approved.

Recommendation

THAT Council resolve to approve Planning Application No. 716259 and issue a Notice of Decision to Grant a Permit for 2365 Plenty Road, Whittlesea for buildings and works associated with new entertainment ride (‘Revolution 360’) and a new outbuilding in accordance with the endorsed plans and subject to the following conditions:

1.       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.

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

3.       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.

4.       All conditions relating to the approved use of the land (TP107533), any amendments to this approval as may be approved and other development approvals relating to the land must continue to be met at all times to the satisfaction of the Responsible Authority.

5.       This permit will expire if:

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

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

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

 Motion

Moved:                       Cr Cox

Seconded:               Cr Lalios

 

THAT Council resolve to adopt the Recommendation

EXTENSION OF SPEAKING TIME

Moved:                       Cr Pavlidis

Seconded:               Cr Kozmevski

 

THAT Council resolve to extend the speaking time for Cr Sterjova by two minutes.

Carried

Amendment

Moved:                       Cr Sterjova

Seconded:               Cr Pavlidis

 

THAT Council resolve to:

A.      Approve Planning Application No. 716259 and issue a Notice of Decision to Grant a Permit for 2365 Plenty Road, Whittlesea for buildings and works associated with new entertainment ride (‘Revolution 360’) and a new outbuilding in accordance with the endorsed plans and subject to the following conditions:

1.       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.

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

3.       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.

4.       All conditions relating to the approved use of the land (TP107533), any amendments to this approval as may be approved and other development approvals relating to the land must continue to be met at all times to the satisfaction of the Responsible Authority.

5.       This permit will expire if:

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

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

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

B.      Monitor the concerns that have been expressed regarding noise pollution and to conduct a review in 6 months involving the Environmental Protection Agency (EPA) if required.

LOST

Division

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

 

For

Cr Pavlidis

Cr Kozmevski

Cr Alessi

Cr Sterjova

Against

Cr Kirkham

Cr Kelly

Cr Lalios

Cr Monteleone

Abstained

Cr Cox

Cr Desiato

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

LOST

Adjournment

The Mayor adjourned the meeting at 8.33PM.

Resumption

The meeting resumed at 8.39PM.

Council Resolution

Moved:                       Cr Cox

Seconded:               Cr Lalios

 

THAT Council resolve to approve Planning Application No. 716259 and issue a Notice of Decision to Grant a Permit for 2365 Plenty Road, Whittlesea for buildings and works associated with new entertainment ride (‘Revolution 360’) and a new outbuilding in accordance with the endorsed plans and subject to the following conditions:

1.       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.

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

3.       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.

4.       All conditions relating to the approved use of the land (TP107533), any amendments to this approval as may be approved and other development approvals relating to the land must continue to be met at all times to the satisfaction of the Responsible Authority.

5.       This permit will expire if:

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

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

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

Carried

 

 


Ordinary Council Minutes                                                                     Tuesday 30 May 2017

 

6.2       Community Services

6.2.1    City of Whittlesea Stretch Reconciliation Action Plan 2017-2020

File No:                                  183271

Attachments:                        1        Stretch Reconciliation Action Plan July 2017-September 2020   

Responsible Officer:           Director Community Services

Author:                                  Team Leader Aboriginal & Cultural Diversity   

 

Report

EXECUTIVE Summary

The City of Whittlesea Stretch Reconciliation Action Plan 2017-2020 (Attachment 1) is tabled for Council’s consideration.

In developing the Stretch Reconciliation Action Plan (RAP) 2017-2020 Council officers have worked closely with the Wurundjeri Elders, representatives from the Bubup Wilam Early Learning Centre, the Whittlesea Reconciliation Group, internal Council departments and Reconciliation Australia. The Stretch RAP is informed by these groups and the recognition that Aboriginal people still sit at the low end of all social indicators including employment, education, health and housing and that this fundamentally impacts on Aboriginal people’s ability to live fulfilling, healthy and productive lives.

The City of Whittlesea’s Stretch Reconciliation Action Plan 2017-2020 is regulated by Reconciliation Australia under the three reconciliation pillars of Relationships, Respect and Opportunities. Under these pillars Council will deliver 27 high level actions over the July 2017 to September 2020 period, therefore implementing Council’s Reconciliation policy that stipulates;

The City of Whittlesea values local Aboriginal communities and cultures; Council recognises they hold a special place as the First Peoples of Australia. Council is committed to inclusivity, equity and engagement with local Aboriginal people and communities’.  

Background

On 17 September 2002, the City of Whittlesea adopted a Statement of Commitment to Reconciliation and the Indigenous (Aboriginal) Reconciliation Policy. In the intervening years Council has undertaken a number of significant initiatives including the adoption of Council’s first Reconciliation Action Plan (RAP) on 25 September 2012. Council’s first RAP was a significant milestone for Council and the local Aboriginal community.

At its 7 June 2016 meeting Council resolved to note the achievements of the inaugural RAP 2012-15 which contained 19 high-level actions. The RAP 2012-15 outcomes report provided a detailed status against all 19 actions and clearly highlighted that the actions undertaken have contributed to Council collectively gaining a better understanding of the needs of local Aboriginal communities and therefore addressing Council’s vision of reconciliation.

Whilst the achievements of our RAP 2012-15 are important, empirical evidence from agencies such as VicHealth and the Australian Institute of Health and Welfare continues to acknowledge that colonisation, and other past Australian government policies have resulted in long lasting and significant intergenerational trauma, grief and loss for many Aboriginal families and communities, subsequently much further work is still required.

Throughout the July 2016 – January 2017 period Council officers have worked closely with local community members, the Whittlesea Reconciliation Group (WRG) and Reconciliation Australia in the development of a City of Whittlesea Stretch Reconciliation Action Plan (2017‑2020).

There are four types of RAPs permitted by Reconciliation Australia being; Reflect, Innovate, Stretch and Elevate. A Stretch RAP is specifically tailored for organisations that are ready to challenge or ‘stretch’ themselves and set clear measurements, therefore deepening reconciliation impacts. The City of Whittlesea will be one of only three Australian LGAs to have a Stretch RAP.  

summary - RAP 2017-2020 Overview

Council’s RAP 2017-2020 is driven by the City of Whittlesea’s Aboriginal Reconciliation Policy, which stipulates: The City of Whittlesea values local Aboriginal communities and cultures; Council recognises they hold a special place as the First Peoples of Australia. Council is committed to inclusivity, equity and engagement with local Aboriginal people and communities.

Council’s reconciliation policy is based on five key principles that were developed in consultation with the local Aboriginal communities and designed to underpin the policy and guide all RAP actions.

 

·     Respect: We will be respectful of Aboriginal communities, acknowledging and embracing their history, culture, heritage and the talents Aboriginal people bring to our community and our business.

·     Self-determination: We understand and support the right of Aboriginal communities to determine their future and we will play our part.

·     Equity: We strive to ensure Aboriginal communities participate and achieve to a level equal to all City of Whittlesea residents.

·     Justice: We acknowledge the wrongs of the past as a means to ensuring a better future for Aboriginal communities.

·     Partnerships: We will partner with Aboriginal communities in ways that are meaningful and deliver mutually-beneficial outcomes.

The RAP 2017-2020 actions to be delivered over the next four years are grouped under the three pillars of reconciliation developed by Reconciliation Australia, these are:

 

Relationships:  Council will partner with Aboriginal communities in ways that are meaningful, and continue to develop strong, sustainable and respectful relationships.

 

Respect: Council will acknowledge Aboriginal people as the First Nations Peoples of Australia and acknowledge the histories, cultures and heritages of Aboriginal communities. We will value and promote the talents and unique skills of local Aboriginal communities.

 

Opportunities: Council will understand and acknowledge the inherent rights of local Aboriginal communities to self-determination. Through the creation of economic opportunities Council will contribute to building positive outcomes for local Aboriginal communities and the community as a whole.

Proposal

This report seeks Council’s consideration of the City of Whittlesea Stretch Reconciliation Action Plan 2017-2020.

Consultation

Given the importance and significance of the Stretch Reconciliation Action Plan extensive community consultations have been conducted. This included but wasn’t limited to groups or individuals such as the Wurundjeri Tribal and Land Council, local Wurundjeri Elder and Traditional Owners, representative from the Bubup Wilam Early Learning Centre, Whittlesea Reconciliation Group, Koori kids, internal Council departments, Local Aboriginal Network and general community.

Critical Dates

Non applicable

Financial Implications

Support for the implementation of the RAP is included within existing recurrent departmental budgets. Any actions requiring additional resourcing will be considered during the annual budgetary process.

Policy strategy and legislation

The RAP has clear linkage to the following legislation:

·    Racial Discrimination Act 1975

·    Equal Opportunity Act 2010

·    Charter of Human Rights and Responsibilities Act 2006

·    Racial and Religious Tolerance Act 2001.

Links to the CoUNCIL Plan

FUTURE DIRECTION          Inclusive & Engaged Community

Theme                                   Diversity

Strategic Objective              There are programs to promote cultural diversity and address race-based discrimination

The strategy is also closely linked to:

Shaping Our Future: Whittlesea 2030 Strategic Community Plan

The Community Plan details our community’s vision for the City of Whittlesea to the year 2030. It provides direction for the provision of key projects and services which enable us to meet the needs of our community and deliver quality and culturally appropriate services and facilities. It identifies seven Future Directions to achieve this vision. The RAP directly supports Future Direction 1 – Inclusive and Engaged Community.

City of Whittlesea Council Plan 2013-2017

Commitment to Reconciliation is closely linked to several objectives within the Council Plan, specifically strategic objective 1.3; Council will provide programs to promote cultural diversity and address race-based discrimination.

Council Goal 1.14: Council will partner with Aboriginal communities to achieve the best possible opportunities and outcomes.

Whilst the RAP 2017-20 works towards furthering Council’s reconciliation efforts the strategy is intentionally interdependent to Building Respect: Whittlesea’s Anti-racism Strategy. Together these strategies and associated action plans provide a coordinated range of activities aimed at preventing racism whilst supporting local Aboriginal and communities. The RAP provides strategic direction in furthering Council’s reconciliation efforts therefore directly addressing Council’s Future Direction 1 – Inclusive and Engaged Community.

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

Through the tireless work of the Whittlesea Reconciliation Group and implementation of our inaugural RAP Council has collectively gained a better understanding of the needs of local Aboriginal people and communities; and demonstrated an ability to respectfully work closely with local Aboriginal people, families and communities for the benefit of the whole community. Although these achievements are noteworthy, Council continues to acknowledge that colonisation, and other past Australian government policies have resulted in trauma, grief and loss for many Aboriginal families across generations. In recognising this history the City of Whittlesea Stretch Reconciliation Action Plan is the next step in Council’s ongoing reconciliation journey. The Stretch RAP will provide strategic direction, guiding policy parameters and accountability as Council works towards creating vibrant self-sustaining communities together.

RECOMMENDATION

THAT Council resolve to adopt the City of Whittlesea Stretch Reconciliation Action Plan 2017-2020.

  Council Resolution

Moved:                       Cr Pavlidis

Seconded:               Cr Kelly

 

THAT Council resolve to adopt the City of Whittlesea Stretch Reconciliation Action Plan  with the following amendment to the Reconciliation Action Plan July 2017-September 2020; under section 1.7

1.       Action;

Council to support the development of mutually beneficial and reciprocal relationships between local Aboriginal and non-Aboriginal communities

2.       Deliverable;

Council to provide opportunities for minimum of 40 local residents to complete cross cultural awareness training focusing on Aboriginal and non-Aboriginal education

Council to raise awareness  of reconciliation Australia’s Share our Pride website

unanimously Carried  

 


Ordinary Council Minutes                                                                     Tuesday 30 May 2017

 

6.3       City Transport and Presentation

6.3.1    ROAD MANAGEMENT PLAN

File No:                                  160513

Attachments:                        1        Draft Road Management Plan   

Responsible Officer:           Director City Transport & Presentation

Author:                                  Unit Leader Infrastructure Projects   

 

Report

EXECUTIVE Summary

Council is required to update its Road Management Plan in accordance with the Road Management Act 2004. The current Road Management Plan dated 28 May 2013 (the Plan) is due for revision. The proposed draft Road Management Plan has been amended to:

·    Consolidate the pathway hierarchy;

·    Update and expand on the performance standards;

·    Update and expand the definitions of terms; and

·    Schedule the next review period.

This report seeks Council endorsement of the draft Road Management Plan and initiation of the public advertisement process.

Notice of intention to amend the Road Management Plan will be advertised in the following publications:

·    The Government Gazette on Thursday 8 June 2017;

·    The Age on Tuesday 6 June 2017; and

·    The Whittlesea Leader on Tuesday 6 June 2017.

Submissions on the draft plan from interested parties will be received over a 28 day period from the date the notice is published. A panel of Councillors is required to consider any written submissions in relation to the draft Road Management Plan and make recommendations to Council on any such submissions.

Background

The Road Management Act 2004 (the Act) has established a statutory framework for the management of public roads. The Act applies to road authorities including the City of Whittlesea. The Road Management Plan (the Plan) is made in accordance with the Act and its purpose is:

(a)  To establish a management system for the road management functions of a road authority which is based on policy and operational objectives and available resources; and

(b)  To set the relevant standard in relation to the discharge of duties in the performance of those road management functions.

The Road Management Plan sets the inspection and maintenance frequency for local roads and identifies when Council is required to undertake repairs to address faults in the footpath and road networks. The maintenance of a safe road and footpath network and availability of resources are the primary considerations for setting the hazard and defect intervention levels.

The current version of the Road Management Plan is dated 28 May 2013 with a review date of 30 June 2017. An internal review process has been undertaken, with key changes identified in this report. All councils are required by the Act to place their Road Management Plan on public exhibition for feedback, and advertise in a number of local newspapers.

DRAFT PLAN

The draft Road Management Plan (Attachment 1) has been prepared in accordance with guidance provided in the Code of Practice for Road Management Plans. Its contents are arranged in 6 sections and 1 appendix as detailed below:

·    Introduction

Outlines the purpose, key stakeholders, duty of road users, and how it relates with Community Plan and Asset Management Policy.

 

·    Road Asset Description

Provides descriptions of the types of road infrastructure.

 

·    Road Infrastructure Hierarchy

Provides hierarchy classification of road infrastructure relevant to setting performance standards.

 

·    Performance Standards

Specifies the performance standards to ‘inspect, maintain and repair’ public roads, This is a core part of the Plan which defines the timeliness of Council tasks. This section is often considered in any civil liability claims against Council relating to road of footpath conditions.

 

·    Management System

Outlines the current management system and what is required to be established to help discharge Council’s duty to ‘inspect, maintain and repair’ public roads.

 

·    Review of Road Management Plan

Schedules the next review.

KEY CHANGES

In comparison to the current version adopted by Council on 17 September 2013, the key changes in the draft Plan are:

1.   A reduction in Pathway Hierarchy classifications from 3 to 2

The current pathway hierarchy consists of three categories ranging from 1 (Very High Pedestrian Service Level) to 3 (Moderate to Very Low Pedestrian Service Level); however upon consultation with abutting municipalities, the number of hierarchy categories has been condensed to two, and thus align with regional standards.

 

Rationale for the change: In regards to the practical implications of this amendment, all footpaths will continue to be inspected frequently and reported every two years. Category 1 paths, such as around shopping precincts, commercial areas and public transport interchanges, will be repaired within two working days, with the balance of paths repaired within five working days. This is in accordance with existing practices.

 

2.   Update the performance standards (Section 4 of the draft Plan) having due regard for available Council resources and experience gained in the operation of the current Plan

Rationale for the change: The draft Plan formalises Council’s risk mitigation strategy in relation to the management of road and road-related infrastructure. Under the Act, the inspection and treatment response times must be deemed reasonably practical, and have been amended in the draft Plan to reflect more closely Council’s ability to meet those standards, considering its available resources.

 

In regards to practical implications of this amendment, there would be no observable difference in the level of service provided to the community, as the update aligns the draft Plan with current resource allocations and response times currently achieved.

 

3.   Update the definitions (Appendix 1 of the draft Plan) having regard to amendments to Acts and Legislation

Words and terms can have varying meanings depending on the context; therefore terms that either can be misinterpreted of have a ‘technical’ meaning are clearly defined in Appendix 1.

 

4.   Schedule the next review to be carried out between August 2020 and June 2021

The draft Plan dictates that the next Road Management Plan review must commence by 1 August 2020 and be completed by 30 June 2021, unless otherwise directed by the relevant Road Minister or directed by the Council and CEO.

Consultation

A public notice advising of the revised plan is required to be placed in a daily circulating newspaper and the Government Gazette calling for submissions over a 28 day period from the date of advertisement.

It is proposed to advertise the amendment in:

·    The Government Gazette on Thursday 8 June 2017;

·    The Age on Tuesday 6 June 2017; and

·    The Whittlesea Leader on Tuesday 6 June 2017.

Submissions will be considered and the draft Plan amended where appropriate. The draft Plan will then be presented to Council for adoption following consideration of any submissions received.

Financial Implications

There are no financial implications, as inspection, maintenance and repair levels set within the draft Plan align with current resourcing.

Links to the CoUNCIL Plan

FUTURE DIRECTION          Good Governance

Theme                                   Growth and change

Strategic Objective              Services and infrastructure keep pace with population growth

The review of the Plan accords with the draft Shaping Our Future Council Plan 2017-21, in particular:

·    Organisational Sustainability

Council works sharper and smarter to ensure value for money and continually improves to support our growing and changing municipality.

 

·    Roads, Access and Public Transport

People can access and use public transport and road networks effectively in accessing jobs, services and recreational activities.

 

·    Community Safety

Our neighbourhoods and towns are safe and have proactive programs that support and build a safe community.

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 current Road Management Plan has been reviewed, updated and is in Draft form to be publicly advertised inviting submissions over a 28 day period before consideration can be made by Council to adopt to the Plan.

RECOMMENDATION

THAT Council resolve to:

1.       Endorse the draft Road Management Plan for the purposes of allowing consultation in accordance with Section 223 of the Local Government Act 1989 (as amended).

2.       Advertise Council’s intention to amend its Road Management Plan (revision 30 June 2017) in the Government Gazette, The Age and the Whittlesea Leader.

3.       Establish a Committee of Council comprising Cr………………….., Cr………………….., and Cr………………….. to consider any written submissions in relation to the draft Road Management Plan and make recommendations to Council on any such submissions.

4.       Provide copies of the draft Road Management Plan available for inspection at the following locations:

a)      Council Offices at 25 Ferres Boulevard, South Morang.

b)      Council Offices at 5/1 Danaher Drive, South Morang.

c)      Council Offices at Westfield Plenty Valley Shopping Centre.

d)      Council Depot at 68-96 Houston Street, Epping.

e)      Libraries at –

i)