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Agenda

 

OF Scheduled
COUNCIL MEETING

HELD ON

Monday 6 September 2021

AT 7.30pm

summons

 

You are advised that a Meeting of Council has been called by the Chief Executive Officer on Monday, 6 September 2021 at 7.30pm for the transaction of the following business.

 

In accordance with section 394 of the Local Government Act 2020 this meeting will be held remotely by electronic means and will be livestreamed via Council’s website. 

 

C LLOYD

CHIEF EXECUTIVE OFFICER


Scheduled Council Meeting Agenda                                           Monday 6 September 2021

 

 

 

ADMINISTRATORS

 

LYDIA WILSON                            CHAIR OF COUNCIL

PEITA DUNCAN                          ADMINISTRATOR

On 19 June 2020 the Acting Minister for Local Government appointed the Panel of Administrators for the City of Whittlesea and appointed Lydia Wilson as Chair of the Panel.  The Panel of Administrators comprises of Ms Lydia Wilson, the Honourable Bruce Billson and Ms Peita Duncan.  On 3 March 2021, the Hon. Bruce Billson resigned from his position as Administrator with the City of Whittlesea.  Effective from 12 May 2021, the Minister for Local Government appointed Mr Chris Eddy as the third Panel Member.  Ms Lydia Wilson, Ms Peita Duncan and Mr Chris Eddy will undertake the duties of the Council of the City of Whittlesea until the October 2024 Local Government Election.CHRIS EDDY                               ADMINISTRATOR

 


Scheduled Council Meeting Agenda                                           Monday 6 September 2021

 

 

 

SENIOR OFFICERS

 

 

CRAIG LLOYD                             CHIEF EXECUTIVE OFFICER

FRANK JOYCE                            EXECUTIVE MANAGER GOVERNANCE & STRATEGY

KATE MCCAUGHEY                   DIRECTOR COMMUNITY WELLBEING

AMY MONTALTI                          DIRECTOR CORPORATE SERVICES

JUSTIN O’MEARA                       DIRECTOR PLANNING & DEVELOPMENT

DEBBIE WOOD                           DIRECTOR INFRASTRUCTURE & ENVIRONMENT

 

 


Scheduled Council Meeting Agenda                                          Monday 6 September 2021

 

 

ORDER OF BUSINESS

 

The Chief Executive Officer submits the following business:

1.            Opening.. 11

1.1         MEETING OPENING AND INTRODUCTIONS.. 11

1.2         ACKNOWLEDGMENT OF TRADITIONAL OWNERS STATEMENT.. 11

1.3         Present.. 11

2.            Apologies.. 11

3.            Declarations of Interest.. 11

4.            Confirmation of Minutes of Previous Meeting.. 11

5.            Questions, Petitions and Joint Letters.. 12

5.1         public Question Time.. 12

5.2         Petitions.. 12

Nil Reports.. 12

5.3         Joint Letters.. 12

5.3.1       Joint Letter - Parking restrictions at the corner of Painted Hills Drive and Overland Drive, Doreen. 12

6.            Officer's Reports.. 13

6.1         Connected Communities.. 13

6.1.1       For Decision - 30 Silverwood Drive, Mernda Development Plan   13

6.1.2       For Decision - Planning Scheme Amendment C247 - Wollert Public Open Space Anomaly Exhibition Outcomes.. 55

6.2         Liveable Neighbourhoods.. 69

6.2.1       For decision - Planning application 719740 - Multi lot subdivision, construction of dwellings, removal of native vegetation, alteration of access to a Road Zone Category 1, partial demolition of a building in a Heritage Overlay and partial demolition of dry stone walls at 635 Bridge Inn Road, Mernda.. 69

6.2.2       For Decision: Tender Evaluation Contract 2021-31 Whittlesea Public Gardens Stage 1. 147

6.2.3       For Decision - Patterson Drive Community Centre amendments   153

6.2.4       For Decision - Planning Application 719795 - Construction of Three Dwellings at 71 Thomas Street, South Morang.. 165

6.2.5       For Decision - Planning Application 719034 - Redevelopment of existing community outreach and counselling centre (Anglicare) at 8-10 Hurtle Street, Lalor.. 197

6.2.6       For Decision - Draft Domestic Animal Management Plan 2021-2025. 227

6.2.7       For Decision - Investigation into leasing 1F Ashline Street, Wollert for Affordable Housing.. 267

6.3         Strong Local Economy.. 289

Nil Reports.. 289

6.4         Sustainable Environment.. 291

6.4.1       FOR DECISION - Contract 2021-65 Laurimar Reserve West Oval Upgrade.. 291

6.4.2       FOR DECISION - AUTHORISATIONS AND DELEGATIONS UNDER THE ENVIRONMENT PROTECTION ACT 2017. 297

6.5         High Performing Organisation.. 317

6.5.1       For Noting - Unconfirmed Minutes of Audit & Risk Committee Meeting.. 317

6.5.2       For Decision - Certification of 2020/21 Financial Statements and Performance Statement. 333

7.            Notices of Motion.. 429

Nil Reports.. 429

8.            Questions to Officers.. 429

9.            Urgent BusineSS.. 429

10.         Reports from Council representatives and ceo update.. 430

10.1       Administrator Peita Duncan Report.. 430

10.2       Administrator Chris Eddy Report.. 430

10.3       Chair of Council Lydia Wilson Report.. 430

10.4       CEO Update – 6 september 2021. 430

11.         Confidential Business.. 431

11.1       Connected Communities.. 431

Nil Reports.. 431

11.2       Liveable Neighbourhoods.. 431

11.2.1    For Decision – Update on assessment and financial analyses of the Epping Animal Welfare Facility.. 431

11.3       Strong Local Economy.. 433

Nil Reports.. 433

11.4       Sustainable Environment.. 433

Nil Reports.. 433

11.5       High Performing Organisation.. 433

Nil Reports.. 433

11.6       Notices of Motion.. 433

Nil Reports.. 433

12.         Closure.. 433

 

 


Scheduled Council Meeting Agenda                                           Monday 6 September 2021

 

 

Note:

At the Chair of Council’s discretion, the meeting may be closed to the public in accordance with Section 66(2)(a) of the Local Government Act 2020.  The provision which is likely to be relied upon to enable closure is set out in each item. These reports are not available for public distribution.

 

 

Question Time:

During the meeting, the Chief Executive Officer will answer questions from residents and ratepayers. Questions are required to be submitted in writing prior to the advertised commencement time of a Scheduled Council Meeting.  It is preferred to receive any questions by 3.30pm unless this unreasonably prevents or hinders you from participating.  A Question Time form can be downloaded from Council’s website and copies of the form are available at the meeting. Refer: https://www.whittlesea.vic.gov.au/about-us/council/council-meetings/

 

Council will hold public question time for up to 30 minutes at each Scheduled Council Meeting to allow members of the public to present the questions they have submitted to Council.  With the exception of when Council Meetings are held remotely by electronic means in accordance with section 394 of the Local Government Act 2020.  Members of the public will not be able to present their questions; however, the Chief Executive Officer will read out and answer questions from residents and ratepayers.

 

Council is committed to ensuring that all residents and ratepayers of the municipality may contribute to Council’s democratic process and therefore, if you have special requirements, please telephone the Governance Team prior to any Council Meeting on 9217 2294.

 

 

Large Attachments:

Where large attachments form part of the Report, due to the size of the attachments – a copy has not been provided in the Agenda document

Copies of these attachments are available for inspection by the public at the following locations:

a)      Council offices at 25 Ferres Boulevard, South Morang; and

b)      Council’s internet site – http://cam.whittlesea.vic.gov.au/

 

 


Scheduled Council Meeting Agenda                                           Monday 6 September 2021

 

1.         Opening

1.1       MEETING OPENING AND INTRODUCTIONS

The Chair of Council, Lydia Wilson will open the meeting and introduce the Administrators and Chief Executive Officer:

 

Administrator, Ms Peita Duncan;

Administrator, Mr Chris Eddy; and

Chief Executive Officer, Mr Craig Lloyd.

 

The Chief Executive Officer, Craig Lloyd will introduce members of the Executive Leadership Team:

 

Executive Manager Governance and Strategy, Mr Frank Joyce;

Director Community Wellbeing, Ms Kate McCaughey;

Director Corporate Services; Ms Amy Montalti;

Director Planning and Development, Mr Justin O’Meara; and

Director Infrastructure and Environment, Ms Debbie Wood.

 

Following the Introductions, the Chief Executive Officer, Craig Lloyd will then read the following prayer:

 

Almighty God, we ask for your blessing upon this council to make informed and good decisions to benefit the people of the City of Whittlesea. 

 

Our father who art in heaven, hallowed be thy name, Thy kingdom come, Thy will be done in earth as it is in heaven. Give us this day our daily bread and forgive us our trespasses as we forgive them that trespass against us; and lead us not into temptation but deliver us from evil, For thine is the kingdom, the power and the glory, for ever and ever.

 

Amen

 

1.2       ACKNOWLEDGMENT OF TRADITIONAL OWNERS STATEMENT

The Chair of Council, Lydia Wilson will read the following Acknowledgement of Traditional Owners Statement.

 

On behalf of the City of Whittlesea I recognise the rich Aboriginal heritage of this country and acknowledge the Wurundjeri Willum Clan as the Traditional Owners of this place.

 

I would also like to personally acknowledge Elders past, present and emerging.

 

1.3       Present

2.         Apologies

3.         Declarations of Interest

4.         Confirmation of Minutes of Previous Meeting


 

5.         Questions, Petitions and Joint Letters

5.1       public Question Time

 

5.2       Petitions

Nil Reports

 

 

5.3       Joint Letters

5.3.1    Joint Letter - Parking restrictions at the corner of Painted Hills Drive and Overland Drive, Doreen. 

 

A Joint Letter from 16 residents, relating to parking restrictions at the corner of Painted Hills Drive and Overland Drive, Doreen was received advising Council of the following:

To the Whittlesea Council,

We are residents in Doreen who reside in the town houses which are on the corner of Painted Hills Drive and Overland Drive with rear access from Braham Walk.

We feel that the parking availability in this area is totally inadequate with the restrictions that are in place and we also feel that the safety of the residents in our street is at risk.

We would welcome discussion with the council in regards to options to reclassify and change the restrictions that are currently in place.

Thank you and regards.”

recommendation

THAT Council receive the Joint Letter from 16 residents, relating to parking restrictions at the corner of Painted Hills Drive and Overland Drive, Doreen and Officers present a final report and recommendation at the 4 October 2021 Council Meeting.

   


Scheduled Council Meeting Agenda                                           Monday 6 September 2021

 

6.         Officer's Reports

6.1       Connected Communities

ITEM 6.1.1 For Decision - 30 Silverwood Drive, Mernda Development Plan 

Attachments:                        1        Site Context Plan

2        30 Silverwood Drive, Mernda Development Plan

3        Development Plan Layout

4        280 Bridge Inn Road, Mernda Subdivision Layout   

Responsible Officer:           Director Planning & Development

Author:                                  Senior Strategic Planner   

 

RECOMMENDATION SUMMARY

That Council resolve to:

1.   Approve the 30 Silverwood Drive, Mernda Development Plan (August 2021) as shown in Attachment 2, prepared in accordance with Schedules 5 and 27 to Clause 43.04 Development Plan Overlay of the Whittlesea Planning Scheme.

2.   Notify the proponent and submitters of Council’s resolution.

Brief overview

Amendment C203 to the Whittlesea Planning Scheme, gazetted on 24 July 2020, rezoned the subject land and applied a Development Plan Overlay (DPO27) to enable its use and development for residential purposes. The amendment also facilitated the subdivision of land known as 280 Bridge Inn Road, Mernda, into three lots including approximately 15 hectares of land for residential use, 64 hectares of land to be transferred to Council for the Quarry Hills Regional Parkland and 30 hectares of land to be used for a vineyard, winery and function centre (refer Attachment 1Site Context Plan).  The residential component of this land is the subject of this Development Plan, now referred to as 30 Silverwood Drive, Mernda Development Plan (the Development Plan). The Development Plan provides an acceptable layout of streets, open space, and residential lots, and meets the relevant statutory guidelines for approval. This report recommends approval of the 30 Silverwood Drive, Mernda Development Plan (August 2021).

rationale for recommendation

The Development Plan (refer Attachment 2) has been prepared in accordance with the requirements of the relevant Development Plan Overlays of the Whittlesea Planning Scheme (Schedule 5 – Mernda Development Plan and Schedule 27 – Mernda West and South Morang Quarry Hills Precinct). The Development Plan has been prepared in consultation between officers and consultants acting on behalf of the landowners. Non-statutory exhibition of the Development Plan has been completed and five submissions were received. The Development Plan is considered to have responded to relevant considerations raised in the consultation.

 

The Development Plan provides an appropriate response to the existing site features and constraints and will ensure that the residential development will generally be in keeping with the surrounding area. It generally represents a logical extension of the existing residential development up to the new Quarry Hills boundary. It provides an integrated road network to the adjoining development to the south and east and continuation of the linear open space reserve. Medium density housing has been located to take advantage of the linear open space reserve providing opportunities for greater passive surveillance of the area. As such, this report recommends approval of the Development Plan.

impacts of recommendation

Approval of the Development Plan is required prior to the subsequent consideration of subdivision and development applications for the land. It provides for the orderly use and development of the land and integrates with the use and development of the land to the east and proposed residential development to the south. Amendment C203 to the Whittlesea Planning Scheme, which rezoned the subject land for residential purposes, also provided for the transfer of approximately 64 hectares of land to Council to form part of the Quarry Hills Regional Parkland and is located along the western boundary of the subject site (refer Attachment 1 – Site Context Plan).

what measures will be put in place to manage impacts

·    The Development Plan addresses all the relevant statutory requirements of the relevant Development Plan Overlays. It addresses issues around integration with adjoining landholdings, permeable subdivision design, bushfire risk and development contributions.

·    Two new tree reserves have been created to provide for the retention of significant trees on site. Additional principles have also been included in the Development Plan to address the retention of trees on site and to require specific built form outcomes for medium-density housing on Todd Way (refer Attachment 3 – Development Plan Layout).

·    Risks from bushfire will be mitigated through the provision of an edge road along the boundary of the proposed Quarry Hills Regional Parkland to increase building setbacks.

 

Report

Introduction

The purpose of this report is to consider the 30 Silverwood Drive, Development Plan (August 2021), prepared by Breese Pitt Dixon, on behalf of AV Jennings. The purpose of the Development Plan is to guide the future use and development of the land for residential purposes.

The proposed Development Plan has been prepared in accordance with the provisions of the Development Plan Overlays Schedule 5 (DPO5) – Mernda Development Plan and Schedule 27 (DPO27) – Mernda West and South Morang Quarry Hills Precinct (Clause 43.04 of the Whittlesea Planning Scheme). A development plan is to be approved before any application for subdivision and/or development can be considered and a permit issued accordingly.

This report will discuss the background and merits of the proposed Development Plan in the context of the applicable statutory framework and the submissions received during the exhibition process.

The latest re-submission of the Development Plan in August 2021 is considered to have appropriately addressed all of the issues raised by Council officers and is now recommended for approval by Council.

Background

The subject land formed part of Amendment C203 to the Whittlesea Planning Scheme, which was gazetted on 24 July 2020. The amendment had the effect of rezoning part of the land known as 280 Bridge Inn Road from Farming Zone (FZ) to the General Residential Zone (GRZ1). It also applied Schedule DPO27 to the Development Plan Overlay (DPO27) to that land rezoned GRZ1.

The amendment also introduced a site specific planning control and an Incorporated Document to allow the subdivision of the site at 280 Bridge Inn Road, Mernda, into three lots, which included approximately 15 hectares of land for residential use, 64 hectares of land to be transferred to Council for the Quarry Hills Regional Parkland and 30 hectares of land to be used for a vineyard, winery and function centre (refer Attachment 1).

The residential component of this land is the subject of this Development Plan application, now referred to as 30 Silverwood Drive, Mernda.

The 64 hectares of land representing the Quarry Hills Regional Parkland has now been transferred to Council, extending along the western boundary of the residential land subject to this Development Plan. Site works for the winery/function centre have also commenced which will become a major tourism asset for the region. The vineyard, winery and function centre represents a unique economic and tourism opportunity for the municipality and is expected to have a strong synergy with the uses that will be located within the Quarry Hills Regional Parkland. (Refer Attachment 4 depicting the allocation of uses across the parent lot).

Site description & context

The subject site is an irregular shaped allotment approximately 14.78 hectares in area. It is located at the westernmost extent of the Mernda Strategy Plan area some 2.6 kilometres west of the Mernda Town Centre and Mernda Train Station.

 

The subject site directly abuts the Quarry Hills Regional Parkland along its western boundary. It is noted that the public open space along the northern portion of the sites western boundary represents a narrowed link between the subject site and the proposed winery further west. This link is intended to support a future access path from Bridge Inn Road to the Quarry Hills Regional Parkland to provide public access to the parkland from Bridge Inn Road.

Land to the east of the site (Fairview Estate) is developed for residential purposes incorporating a mix of conventional and some medium density housing. It is noted that future access to the subject site from ‘Fairview Estate’ was considered as part of the development of the Mernda West Development Plan (2010) and Fairview Estate - Stages 9A and 9B Development Plan (2015), with multiple access points proposed to the subject site. At the time the subject land was identified for future residential development purposes in order to facilitate the process for transfer of land for the Quarry Hills Regional Parkland. Land to the south is also currently being developed for residential purposes (240 Bindts Road Development Plan). The Development Plan proposed for 30 Silverwood Drive, Mernda provides for a mix of conventional sized lots and some medium density housing.

Strategic policy

The Mernda Strategy Plan (MSP) which is an Incorporated Document in the Whittlesea Planning Scheme, only applies to approximately 570 square metres of the site, being an irregular shaped parcel at the north-west corner of Silverwood and Dane Drives (a residual parcel from the approved subdivision to the east). This parcel is affected by DPO5 – Mernda Development Plan (Clause 43.04 of the Whittlesea Planning Scheme). Inclusion of this parcel as part of the current Development Plan facilitates a more logical layout for residential purposes. The MSP was developed in 2004 to guide the future allocation of land uses and key infrastructure items within Mernda.

In 2010 a review of the Urban Growth Boundary (UGB) was undertaken which shifted the boundary further west. This resulted in additional land outside the MSP being made available for residential purposes to provide appropriate housing opportunities for increased population growth.

The subject land is located adjacent to Precinct 4 of the MSP and provides a logical continuation of residential development in the precinct. The subject land is affected by the DPO27– Mernda West and South Morang Quarry Hills Precinct (Clause 43.04 of the Whittlesea Planning Scheme). Notwithstanding, this Development Plan covers all the land across the two separate schedules applying to the subject land.

zoning & overlays

The subject site is in the General Residential Zone Schedule 1 (GRZ1) – Whittlesea General Residential Areas (Clause 32.08 of the Whittlesea Planning Scheme). The primary purpose of the zone is to provide a diversity of housing types and housing growth particularly in locations offering good access to services and transport.

The site is also affected by a number of overlays:

§ Development Plan Overlay Schedule 5 (DPO5) - Mernda Development Plan and Schedule 27 (DPO27) - Mernda West and South Morang Quarry Hills Precinct

§ Incorporated Plan Overlay Schedule 1 (IPO1) – Mernda Strategy Plan (DPO5 land only)

§ Vegetation Protection Overlay Schedule 1 (VPO1) - Significant Vegetation (River Redgum Grassy Woodland)

§ Development Contributions Plan Overlay Schedule 8 (DCPO8) - Mernda Precinct 4 Development Contributions Plan (DPO5 land only).

Of specific interest in the context of this report are the two Development Plan Overlays applying to the site (DPO5 and DPO27), noting that DPO5 applies to only a very small section of the site. The DPO27 provides that ‘The Responsible Authority must not grant a permit to use or subdivide land, construct a building or construct or carry out works prior to the approval of a development plan unless the Responsible Authority is satisfied that the proposed use, subdivision, buildings or works will not prejudice the orderly use and development of land.

The purpose of the VPO1 is to protect and retain significant native vegetation. The Development Plan has considered and provides an appropriate response to the protection of native vegetation.

The DCPO8 specifies the development contributions payable under the Mernda Strategy Plan. As part of the standard section 173 Agreement executed prior to approval of the amendment to rezone the subject land, conditions were included in the agreement relating to payment of local development contributions and the equivalent Growth Areas Infrastructure Contributions.

development plan Proposal

Following preliminary discussions between the City of Whittlesea and the proponent to identify any significant issues with the proposed development of the site, a Development Plan prepared by Breese Pitt Dixon was lodged with Council for consideration in January 2020. The Development Plan submission, which includes an overarching Development Concept Plan and accompanying text document (supported by various technical documents) has been prepared in accordance with the requirements of Schedules 5 and 27 to the Development Plan Overlay of the Whittlesea Planning Scheme.

Attachment 3 to this report contains the proposed layout of the Development Plan area.

Specifically, the Development Plan proposes:

·    a diversity of housing types and lot sizes (approximately 235 dwellings) including larger lots generally located along the perimeter road adjacent to the Quarry Hills Regional Parkland (approximately 400-500+ square metres); conventionally sized lots of 350-400sqm; and areas to support medium density housing. The medium density housing is primarily located in the northern corner of the site adjacent to the linear open space reserve;

·    two tree reserves to provide for the retention of three trees identified as having significant biodiversity and landscape value. More detailed planning will be required at the development stage to ensure that the subdivision layout and associated engineering works avoid the Tree Protection Zone (TPZ) of the trees proposed to be retained;

·    extension of the existing open space linear reserve from the east, establishing a green link with the Quarry Hills Regional Parkland;

·    a perimeter road along the Quarry Hills Regional Park interface to provide an appropriate bushfire management response by separating the buildings from the reserve in accordance with bushfire hazard requirements;

·    an internal road layout that integrates with the existing adjacent road network and provides multiple road connections to disperse traffic generated by the development to the surrounding road network;

·    pedestrian and cycle links to connect with the surrounding network; and

·    vehicular and pedestrian access has been provided along the Quarry Hills Parkland interface which provides visual and physical connection to the reserve from the adjoining residential development and passive surveillance of the proposed reserve.

The key outcomes of the Development Plan are to create a new residential community that integrates with the surrounding residential and open space network, exhibit a high level of amenity for its residents and which fosters a sense of place and defining character through the retention of natural landscape features.

Development Contributions

As a result of the UGB being shifted in 2010, additional land outside the Mernda Strategy Plan (MSP) area was made available for residential purposes. As part of the recent amendment to rezone the subject land for residential purposes (Amendment C203), a Section 173 Agreement was executed to provide for the transfer of part of the land known as 280 Bridge Inn Road to Council to form part of the Quarry Hills Regional Parkland and for a local development contribution. In addition, the agreement requires a Growth Area Infrastructure Contribution equivalent payment.

Consultation and non-statutory exhibition

Following submission of the Development Plan in January 2020, there have been ongoing discussions with the proponent and relevant Council departments regarding various aspects of the proposal. A revised proposal was submitted in June 2021 which addressed all outstanding matters enabling the proposal to proceed to non-statutory exhibition.

Whilst there is no statutory requirement to formally advertise the Development Plan submission, in accordance with Council practice, notice about the 30 Silverwood Drive, Mernda Development Plan was sent by direct mail to all land owners and occupiers adjacent to the subject land affected by the proposal. Notice about the proposed Development Plan was also sent to relevant external authorities. This provides the opportunity for any input provided by adjoining land owners to be taken into consideration whilst the overall structure / layout of the plan is being developed. It is noted that the development proposal which is generally in accordance with an approved development plan is exempt from the requirement for third party notification.

The Development Plan submission was placed on non-statutory exhibition for a four week period between 10 June to 6 July 2021.

A total of five submissions were received comprising two submissions from local residents and three submissions from statutory agencies.

Submissions

The following table details the submissions received and the officer response.

Submission Summary

Officer Response

1.   Melbourne Water

The proposal is located within the Mernda South DS. The following matters are applicable to the proposal:

Drainage Contributions: The site is located within Melbourne Water's Mernda South DS, Whittlesea City Development Services Scheme. A residential contribution rates of $195,887/Ha, comprising of a hydraulic charge of $155,228/Ha and a stormwater quality charge of $40,659/Ha is applicable.

Drainage Scheme Works: A review of the Mernda South DS, Whittlesea City Development Services Scheme has identified that there are no permanent Melbourne Water works to be constructed on this property.

Specific Property Advice:

Prior to the issue of a Statement of Compliance, the Owner of the development shall enter into and comply with an agreement with Melbourne Water Corporation for the acceptance of surface and storm water from the subject land directly or indirectly into Melbourne Water’s drainage systems and waterways, the provision of drainage works and other matters in accordance with the statutory powers of Melbourne Water Corporation.

All new lots must achieve appropriate freeboard in relation to local overland flow paths to Council’s satisfaction.

Local drainage must be to the satisfaction of Council.

The Developer must provide written acceptance from the downstream landowner(s) to discharge flows through their land to achieve a free draining outfall through their property/ies.

Any temporary outfall is to be arranged to the satisfaction of Melbourne Water, Council and the affected downstream property owner(s).

A copy of the advice from Melbourne Water will be provided to the proponent for their consideration.

The submission does not raise any specific issues that need to be addressed as part of the Development Plan submission. These matters will be considered as part of the statutory planning process to subdivide/develop the site.

No change is required to the Development Plan in response to this submission.

2.   Affected resident No. 1 (Clutha Drive)

-     Requests that Clutha Drive remain a no through road. Submits that there is a strong sense of community on Clutha Drive and that numerous families and children currently play on the street given its current status (terminates at the subject land). Continuing the road will make it unsafe for kids to play and impact the community connectivity.

It is noted that future access to the subject site from the ‘Fairview Estate’ was considered as part of the development of the Mernda West Development Plan (MWDP) (2010) and Fairview Estate - Stages 9A and 9B Development Plan (2015), with multiple access points proposed, including Clutha Drive. In particular, it is noted that the latter Development Plan shows an indicative layout of the road network to the northern section of the subject site, including the future extension of Clutha Drive.

The MWDP (commonly referred to as Fairview Estate) which was finalised in 2010, incorporates land between Craven Road and the subject site, and was developed over a number of stages. It is noted that road connections from the adjacent Fairview Estate which currently terminate at the subject land have not been designed with court bowls or dead end treatments. This is a usual occurrence in growth areas where individual properties or stages of development occur at different times, so it is important to ensure that the overall structure is in place to connect fragmented landholdings to provide for appropriate vehicular and pedestrian movement. Further to this, the MWDP was designed in recognition that the subject land (30 Silverwood Drive) was subject to future residential development. This current Development Plan has been designed to link in with these existing connections

The supporting Traffic Report indicates 160 additional vehicle movements per day via Clutha Drive, with the majority of additional traffic movements anticipated at the Silverwood Drive intersection. According to the Traffic Report, Clutha Drive, Silverwood Drive and Regent Street are designated as Level 1 Access Street, which can carry between 1,000 and 2,000 vehicles per day, which is the standard traffic volume for most local streets of this with. Notwithstanding this is is noted that a traffic calming device (speed hump) is located in Clutha Drive currently, with the aim of slowing traffic.

-     Strongly opposes the medium density residential component of the proposal. Concerned about drug and theft related issues in existing medium density housing in the Fairview Estate which makes the area feel unsafe and the type of demographic that generally live in these types of houses.

The majority of the site is expected to be developed at a ‘standard density’ with lots of between 300-500 sq m. The Development Plan indicates an area of medium density housing, proximate to the open space reserve, which ensures provision of a diversity of housing types as part of the overall development and will enable passive surveillance of the open space reserve. Reference to the type of demographic that might ultimately reside in any dwellings is not a valid planning ground on which to object to a proposal.

No change is required to the Development Plan in response to this submission.

3.   AusNet Services

Do not object to the Development Plan as presented, however provides a detailed list of permit requirements for consideration.

Notes that it is recommended that, at an early date the applicant commences negotiations with AUSNET ELECTRICITY SERVICES PTY LTD for a supply of electricity in order that supply arrangements can be worked out in detail, so prescribed information can be issued without delay (the release to the municipality enabling a Statement of Compliance with the conditions to be issued).

Arrangements for the supply will be subject to obtaining the agreement of other Authorities and any landowners affected by routes of the electric power lines required to supply the lots and for any tree clearing.

A copy of the advice from AusNet Services will be provided to the proponent for their consideration.

The submission does not raise any specific issues that need to be addressed as part of the Development Plan submission. These matters will be considered as part of the statutory planning process to subdivide/develop the site.

No change is required to the Development Plan in response to this submission.

4.   Affected Resident No. 2 (Clutha Drive)

Is concerned about the proposed layout of Clutha Drive, which rather than extending straight in a northerly direction past the resident’s property, shows the road veering to the north-west. As a result is concerned that there will be a loss of on-street car parking. Is concerned about the substantial decrease in value due to loss of on-street car parking, the curve in the road contributing to oncoming car headlights being directed into the house and the curve in the road contributing to traffic accidents. Do not consider that Clutha should be continued and request that Clutha Drive be kept as a dead end road.

Notes that access to the back yard from Clutha Drive is restricted. Notes that the rear portion of his lot was acquired, seemingly for the purpose of enabling the continuation of the laneway (Greenside Drive) through to the adjoining land. Has also informally requested advice on whether it would be possible to access his property from Greenside Way.

Has also raised concern in respect to the maintenance of the small irregular parcel owned by Council opposite the resident’s property.

Also Refer to response No. 2 above in relation to the extension of Clutha Drive.

With regard to on-street car parking, it is noted that additional on-street car parking will be available along the extended section of Clutha Drive.

 

 

 

 

It is noted that this informal access to the rear of the property requires crossing the nature strip and footpath at the northern end of the property whilst the driveway which provides the legal point of access to the site is located along the southern boundary. In respect to gaining dual access to the site from the rear, it is noted that the land to the rear of the submitters property is designated as a road reserve on the property title. However, the shared driveway (Greenside Way) does not extend to the submitter’s property and only provides access to the two properties to the east of the submitter’s property. It was never, intended to provide a through connection from Greenside Way through to the site at 30 Silverwood Drive, for use by vehicular traffic in this location. It is further noted that a specific reserve designation has also been applied between the submitter’s rear boundary and the road reserve, which is commonly applied in these circumstances to prohibit rear access to the property from the road reserve.

Any proposal to obtain vehicle access to the rear of the existing property is not a planning matter and is not relevant to the consideration of this Development Plan. Any request to consider such a proposal would require assessment by Council’s Engineering and Parks Teams, independent to the Development Plan process.

The ongoing maintenance of the land at 23W Clutha Drive will be referred to Council’s Parks Team (Maintenance) for action and the submitter notified accordingly.

No change is required to the Development Plan in response to this submission.

5.   Country Fire Authority (CFA)

The CFA supports the proposed development plan in its current form based on the implementation of the bushfire risk treatments as outlined in the submitted Bushfire Management Statement.

No change is required to the Development Plan in response to this submission.

Copies of the submissions from the three statutory agencies have been provided to the proponent for their review. Officers have been in contact with both of the resident submitters to provide further information and to seek further clarity on the issues raised. There are no changes required to the Development Plan in response to any of the submissions received. In relation to comments from affected resident No. 2 in respect to gaining legal access to the rear of their property it is noted as per above, this matter is not relevant to the consideration of the Development Plan. If the submitter wishes to pursue this matter further, it will need to be considered and assessed through Council’s Engineering and Parks Units.

Whilst no further consultation is planned, submitters will continue to be notified of the final Council resolution in respect to this project.

Financial Implications

A section 173 Agreement has been executed in respect to the subject site, which provides for local development contributions and for a Growth Area Infrastructure Contribution equivalent payment, consistent with the requirements introduced by DPO27, and applied as part of Amendment C203 to the Whittlesea Planning Scheme.

Policy strategy and legislation

It is considered that the Development Plan, (refer Attachment 2), is generally consistent with the provisions and objectives of the Planning Policy Framework of the Whittlesea Planning Scheme as follows:

Clause 02.03 – Strategic Directions – the subject land is located within the Urban Growth Boundary (UGB) proximate to the Mernda Town Centre. Residential development to the east of the site is largely completed, with the Development Plan integrating with the existing road and open space networks.

Clause 11 – Settlement - The Development Plan responds to identified needs of the community by providing land for a housing and open space purposes and seeks to protect significant vegetation. The Development Plan provides for a range of housing types including some provision for medium density housing with an expected density of 15 dwellings per net developable hectare.

Clause 12 – Environmental and Landscape Values - The proposal has responded to significant trees identified on the site for retention, by locating them within tree reserves.

Clause 13 – Environmental Risks and Amenity - The Development Plan has considered and responded to the potential risks associated with bushfire. In particular, a perimeter road is proposed between the Quarry Hills Regional Parkland and residential development which seeks to reduce risk to development from potential grassfires. Fire Rescue Victoria (formerly CFA) is satisfied the Bushfire Management Statement addresses the bushfire risk.

Clause 15 – Built Environment - The design of the development layout satisfactorily responds to the site features and constraints. The residential development includes elements which will assist in making it attractive, liveable, walkable and cyclable. The proposal responds to existing site features and constraints and includes requirements to ensure that future development responds to matters including sloping land, passive surveillance of open space areas and high quality urban design outcomes.

Clause 16 – Housing - The Development Plan increases the supply of housing on a site adjacent to the Quarry Hills Regional Parkland. A range of housing types and lot sizes is proposed.

Clause 18 – Transport - The Development Plan includes walking and cycling infrastructure connections to the existing road network and within the existing open space network. The Development Plan integrated with the existing road network, with multiple road connections enabling for greater dispersal of traffic generated from the proposed development of the site.

Clause 19 – Infrastructure -. The Development Plan makes provision for infrastructure to service the development and contributes to the provision of community infrastructure in the form of the extension of the linear open space reserve.

link to strategic risks

Strategic Risk Not linked to the risks within the Strategic Risk Register.

The subject site has been rezoned for residential purposes. The Development Plan and supporting documentation provide an appropriate outcome for the future residential development of the site and will not result in any risks to the community or the broader environment.

Links to whittlesea 2040 and the CoUNCIL Plan

Goal                                       Liveable neighbourhoods

Key Direction                        Housing for diverse needs

 

The Development Plan will ensure that the residential development of the site is well designed and provides for a diversity of housing in an area proximate to the Mernda Town Centre. It responds to site features and constraints and integrates with the existing open space and local road network to the east.

The proposal provides a perimeter road along Quarry Hills Regional Parkland, permeable street network and supports the extension of the existing linear open space reserve and shared path network from the east to provide a green link connection to the Quarry Hills Regional Parkland. The proposal will provide for protection of three large native trees resulting in a positive contribution to the landscape character and environment of the local area.

Declarations of Conflicts of Interest

Under Section 130 of the Local Government Act 2020 and Rule 47 of the Governance Rules 2021, officers providing advice to Council are required to disclose any conflict of interest they have in a matter and explain the nature of the conflict.

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

Conclusion

The 30 Silverwood Development Plan (August 2021) has been developed in consultation between Council officers and the consultants acting on behalf of the landowner. The planning assessment process has resulted in refinements to the plan through the statutory process which, in particular, have resulted in the retention of three trees on the site identified as having significant landscape and biodiversity value.

The Development Plan responds to the site features and constraints affecting the site and will ensure that the residential development of the site and integrate with the surrounding residential development. It also seeks to provide a diversity of housing, including the opportunity for medium density housing adjacent to the linear open space reserve.

It is recommended that the Development Plan (refer Attachment 2) is approved by Council in accordance with Schedule 5 and Schedule 27 of the Development Plan Overlay (Clause 43.04) of the Whittlesea Planning Scheme.

 

RECOMMENDATION

THAT Council resolve to:

1.       Approve the 30 Silverwood Drive, Mernda Development Plan (August 2021) as shown in Attachment 2, prepared in accordance with Schedules 5 and 27 to Clause 43.04 Development Plan Overlay of the Whittlesea Planning Scheme.

2.       Notify the proponent and submitters of Council’s resolution in 1. above.

 

 


Scheduled Council Meeting Agenda                                                                              Monday 6 September 2021

 

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Scheduled Council Meeting Agenda                                                                              Monday 6 September 2021

 

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Scheduled Council Meeting Agenda                                                        Monday 6 September 2021

 

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Scheduled Council Meeting Agenda                                                                              Monday 6 September 2021

 

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Scheduled Council Meeting Agenda                                           Monday 6 September 2021

 

ITEM 6.1.2 For Decision - Planning Scheme Amendment C247 - Wollert Public Open Space Anomaly Exhibition Outcomes 

Attachments:                        1        Amendment SCHEDULE to Clause 53.01 Whittlesea Planning Scheme

2        Extract of Amended Table and Requirements, Wollert Precinct Structure Plan

3        Extract of Amended Table, Wollert Development Contribution Plan   

Responsible Officer:           Director Planning & Development

Author:                                  Strategic Planner Infrastructure   

 

RECOMMENDATION SUMMARY

That Council resolve to:

1.       Request the Minister for Planning appoint an independent Planning Panel to consider the unresolved submission to the Amendment.

2.       Endorse the exhibited version of Amendment C247, as contained in Attachments 1-3 of the report, as Council’s position to the Panel.

3.       If the Minister for Planning appoints a Planning Panel:

a)    Refer the unresolved submission to the Planning Panel.

b)    Submit to the Panel at the first available opportunity that the unresolved submission is unclear in purpose, cannot be considered within the scope of the Amendment, and should therefore not be considered as relevant to the Panel.

4.       Advise the submitter of the resolutions above.

Brief overview

·    Amendment C247 proposes to correct an anomaly in the Schedule to Clause 53.01 of the Whittlesea Planning Scheme, the Wollert Precinct Structure Plan (PSP) and the Wollert Development Contributions Plan (DCP).

·    The error displays an incorrect figure for the percentage of land required for open space contributions in the above-mentioned documents.

·    The correction is required to facilitate the intended administration of the Public Open Space Equalisation scheme in the Wollert PSP area.

·    Following public exhibition, one submission objecting to the Amendment was received. The reason for the objection was not supplied. Clarification of the purpose of the submission was sought from the submitter but has not been provided.

·    Legal advice was sought and confirmed that under the relevant provisions of the Planning and Environment Act 1987, Council must refer the unresolved submission to a Planning Panel.

·    It should be noted that the unresolved submission does not address the content of the proposed amendment.

·    It is recommended that Council endorse the amendment, as exhibited, as Council’s position to the Panel.

rationale for recommendation

The amendment is to correct an error in the incorporated documents relating to the Wollert PSP area that displays an incorrect figure for the percentage of land required for public open space. The amendment is purely administrative in nature and will not alter the implementation of the Planning Scheme, Wollert PSP or Wollert DCP. The anomaly was caused by a simple mathematical error in completing the tables in the relevant documents.

If the anomaly is not corrected in the scheme, there is a risk that Council will be required to fund part of the open space equalisation for the Wollert PSP at a cost of approximately an additional $9.6m.

Although the submission to the amendment does not have a stated purpose, legal advice based on previous VCAT decisions is that this submission would need to be referred to a Planning Panel.

impacts of recommendation

If the anomaly is not corrected in the scheme, there is a risk that Council will be required to fund the additional open space equalisation that would result in the Wollert PSP at a cost of approximately $9.6M.

Should a Planning Panel be convened, it is considered that the legal representation costs and Planning Panel fees would be up to approximately $20,000. This cost is factored into department budgets.

what measures will be put in place to manage impacts

The recommendation of this report is to submit the Amendment, as exhibited, to a Planning Panel and advise the Panel at the first available opportunity that the unresolved submission is unclear in purpose, cannot be considered within the scope of the Amendment, and should therefore not be considered as relevant.

 

Report

Introduction

The purpose of this report is to inform Council of the outcomes of the exhibition of Amendment C247 and recommend Council refer the received single unresolved submission to the amendment, to an independent Planning Panel.

Amendment C247 applies to all land in the Wollert Precinct Structure Plan area (PSP and seeks to correct an anomaly in the display of the percentage required to be provided for Public Open Space in the Schedule to Clause 53.01 of the Whittlesea Planning Scheme, the Wollert Precinct Structure Plan and the Wollert Development Contributions Plan (DCP). Development in the Wollert PSP area is well underway with all active developers and landowners agreeing to the correct percentage figures rather than the incorrect figures used in the Planning Scheme, PSP and DCP respectively.

Background

The Wollert PSP and DCP were introduced into the Whittlesea Planning Scheme in February 2017 through Amendment C187. An update to planning controls was subsequently made through Amendment C210 in October 2017. The Wollert PSP area is to be developed in two distinct precincts, a residential precinct and an employment precinct. Once assessments of planning permit applications commenced, it was discovered the percentage figures used in the documents to require a public open space contribution were incorrect. In essence, the error is due to the amount of land being required for open space being divided by the total Wollert Developable Area rather than the respective precinct developable area.

TABLE 1: Public Open Space Contribution Calculations

IMPACT OF THE ERRORS

The location and quantum of public open space within the precinct is determined by the Wollert PSP. Some parcels within the PSP area are required to provide this open space land, while others do not provide any land. To equalise this burden, properties that do not provide land or provide less than the percentage required, are required to pay a cash contribution. Council collects this contribution and then distributes it to properties that over-provide land against the percentage required. Using the published, incorrect figures, there would be a shortfall of $9.6m (2020/21$) collected and Council would be required to make up that shortfall through other sources.

Details of the Amendment

Council resolved to seek authorisation to prepare Amendment C247 at the 5 March 2019 Council Meeting.

 

The Amendment seeks to correct the abovementioned anomaly in the Planning Scheme, Wollert Precinct Structure Plan (PSP) and Wollert Development Contribution Plan (DCP). Clause 53.01 of the Whittlesea Planning Scheme requires persons who subdivide land to make a contribution to Council for public open space. The Schedule to Clause 53.01, the Summary Land Use Budget in the Wollert PSP and Table 11 of the Wollert DCP incorrectly state the figure as 3.70% for development within the Residential precinct and 0.80% for development within the Employment precinct.

Through the assessment of planning permits in the Wollert PSP area it became apparent that the contribution amount specified was incorrect when compared to the detail land use budget. The figures should be 4.47% within the Residential precinct and 4.44% within the Employment precinct. Council Officers recognised this and have been using the correct figures to make sure Council is collecting the correct contribution to date. This has been accepted by all developers within the PSP area, and secured through Section 173 Agreements. As such, this Amendment seeks only to correct the displayed figures in the planning scheme documents, not to change any other aspect of the implementation of Clause 53.01, the Wollert PSP or Wollert DCP.

Notification AND PROCESS

When seeking authorisation for Amendment C247 from the Minister of Planning, Council officers requested an exemption from notification requirements under section 20 (2) of the Planning and Environment Act 1987. This was not granted, but a partial exemption was granted whereby only landowners of property yet to be subdivided in the Wollert PSP area were required to be notified. Exemption for notification via a locally circulated newspaper was also granted.

The Amendment was exhibited between 25 March 2021 and 26 April 2021, in accordance with Section 19 of the Planning and Environment Act 1987, as follows:

·    Written notices were sent to the affected landowners and the prescribed Ministers.

·    A notice was placed in the Government Gazette

·    The Amendment documentation was made available at the Planning Counter in the Council offices (Civic Centre, South Morang).

Following exhibition, Council received one submission the day after the exhibition period closed. The submission acknowledges the receipt of notice, advises they have reviewed the documents and object to the proposed Amendment. There is no reasoning for the objection provided, simply that they are objecting. Lawyers acting on behalf of Council have sought clarification regarding the specifics of the submission from the submitter’s legal representative. None has been provided.

Pursuant to Section 23(1) of the Planning and Environment Act 1987, Council has three options when it receives a submission that requests changes to an exhibited Amendment:

·   abandon the amendment or part thereof;

·   change the amendment in the manner requested; or

·   refer the submission to an independent Planning Panel.

In the case of the submission received to Amendment C247, there are no changes requested to the amendment and further correspondence with the submitter has not clarified the grounds for objection. Notwithstanding, it is estimated that the financial implications for the submitter would see their land equalisation liability rise by $30,000, from $6,000 to $36,000.  Legal advice sought by Council confirmed that the submission should be referred to an independent Planning Panel.

Once referred to the Planning Panel, the recommendation is that Council’s position be that the unresolved submission is unclear in purpose, cannot be considered within the scope of the Amendment and should therefore not be considered as relevant to the Panel.

Critical Dates

Item

Critical Date

Council resolved to seek authorisation to prepare Amendment C247

5 March 2019

Authorisation to prepare the Amendment received from the Minister of Planning

28 August 2020

Exhibition

25 March 2021 – 26 April 2021

ELT

28 July 2021

Council Briefing

16 August 2021

Council Meeting

6 September 2021

Directions Hearing (Pre-set Panel Date in accordance with Ministerial Direction 15)

4 October 2021 (week of)

Planning Panel (Pre-set Panel date in accordance with Ministerial Direction 15)

1 November 2021 (week of)

In accordance with Ministerial Direction No. 15: The Planning Scheme Amendment Process Council must make a decision within 60 days of the closing date for submissions, being 25 June 2021. An extension has been granted to this requirement by the Department Environment Land Water and Planning given the additional time spent by Council officers to clarify the purpose of the unresolved submission.

Financial Implications

If Amendment C247 were not endorsed by Council and a favourable recommendation pursued via referral to a Planning Panel, Council’s ability to collect the correct amounts for public open space would be severely compromised. Council would potentially under-collect $9.6m (2020/21$) in Land Equalisation Amounts and would be required to fund this shortfall from other sources.

Should a Planning Panel be convened, it is considered that the legal representation costs and Planning Panel fees would be up to approximately $20,000. This operational cost is already factored into department budgets.

Policy strategy and legislation

The Amendment is supported by the following policy and strategy.

Plan Melbourne 2017-2050

Direction 5.1 – Create a city of 20-minute neighbourhoods “offer high-quality public realm and open space.”

Policy 5.4.1 – Develop a network of accessible, high-quality, local open spaces “Open space provision must be fair and equitable…Urban development projects will provide opportunities to plan for new local open space.”

The proposed Amendment supports this policy by providing the fair and equitable delivery of public open space for passive recreation to support the residents of our growth areas.

Planning Policy Framework

The Amendment is consistent with and implements the following planning policy:

·    Clause 02.03-9 – Infrastructure - Open Space “Council aims to: Facilitate an appropriate range and proportion of open space types to reflect community expectations for nature conservation, formal and informal recreation.”

·    Clause 11.02-2S – Structure Planning “Facilitate the preparation of a hierarchy of structure plans or precinct structure plans.”

·    Clause 11.03-2S – Growth Areas “Identify the locations of open space to be retained for recreations…”

·    Clause 15.01-4L – Healthy Neighbourhoods “Create walkable neighbourhoods defined by a 400-800 metre walk to facilities and open space.”

·    Clause 19.02-6S – Open Space “Objective: To establish, manage and improve a diverse and integrated network of public open space that meets the needs of the community.”

·    Clause 19.02-6L – Open Space “Provide growth areas with adequate, good quality open space as they develop.”

Wollert Precinct Structure Plan

The Amendment supports the implementation of the following sections of the Wollert PSP:

Section 3.5.2 Local Parks Contributions – Residential.

Section 3.5.3 Local Parks Contributions – Employment.

Both require the provision of land in accordance with Clause 52.01 (now 53.01) of the Whittlesea Planning Scheme at the time of subdivision. The Requirement also details the equalisation scheme to balance the liability of public open space evenly across all properties in the respective precincts.

Strategic Resource Plan 2020-2024

The amendment supports the objective of the Strategic Resource Plan 2020-2024 that seeks to achieve a balanced budget on a cash basis ensuring Council remains financially sustainable in the long term.

link to strategic risks

Strategic Risk Financial Sustainability - Inability to meet current and future expenditure

The implication of not proceeding with the Amendment and using the incorrect figures for public open space required in the Wollert PSP area would result in the under collection of $9.6m which Council would need to fund through other sources.

Strategic Risk Service Delivery - Inability to plan for and provide critical community services and infrastructure impacting on community wellbeing

The potential flow on effect of having to fund this under-collection may impact the provision of local parks and open space in other areas.

 

Links to whittlesea 2040 and the CoUNCIL Plan

Goal                                       Liveable neighbourhoods

Key Direction                        Well-designed neighbourhoods and vibrant town centres

 

The Amendment will ensure that the public open space is provided for in the Wollert precinct in accordance with the Wollert PSP and DCP.

Declarations of Conflicts of Interest

Under Section 130 of the Local Government Act 2020 and Rule 47 of the Governance Rules 2021, officers providing advice to Council are required to disclose any conflict of interest they have in a matter and explain the nature of the conflict.

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

Conclusion

Amendment C247 will ensure the implementation of Clause 53.01 of the Whittlesea Planning Scheme, the Wollert Precinct Structure Plan and the Wollert Development Contributions Plan as they were intended. The Amendment protects Council from the financial risk of under-collection of public open space equalisation contributions.

A submission was received following exhibition of the amendment that did not request changes to the amendment and further correspondence with the submitter has not clarified the grounds for objection. The unresolved submission does not address the content of the amendment, and there are serious financial implications for Council in not proceeding with the amendment.

As such, it is recommended that Council ask the Minister for Planning to appoint an independent Planning Panel and refer the submission to the Panel. It is further recommended that Council endorse the amendment, as exhibited, as Council’s position to the Panel.

RECOMMENDATION

THAT Council resolve to:

1.   Request the Minister for Planning appoint an independent Planning Panel to consider the unresolved submission to the Amendment.

2.   Endorse the exhibited version of Amendment C247, as contained in Attachments 1-3 of the report, as Council’s position to the Panel.

3.   If the Minister for Planning appoints a Planning Panel:

a)   Refer the unresolved submission to the Planning Panel.

b)   Submit to the Panel at the first available opportunity that the unresolved submission is unclear in purpose, cannot be considered within the scope of the Amendment, and should therefore not be considered as relevant to the Panel.

4.   Advise the submitter of the resolutions above.

 


Scheduled Council Meeting Agenda                                                        Monday 6 September 2021

 

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Scheduled Council Meeting Agenda                                                                              Monday 6 September 2021

 

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Scheduled Council Meeting Agenda                                                                              Monday 6 September 2021

 

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Scheduled Council Meeting Agenda                                           Monday 6 September 2021

 

6.2       Liveable Neighbourhoods

ITEM 6.2.1 For decision - Planning application 719740 - Multi lot subdivision, construction of dwellings, removal of native vegetation, alteration of access to a Road Zone Category 1, partial demolition of a building in a Heritage Overlay and partial demolition of dry stone walls at 635 Bridge Inn Road, Mernda 

Attachments:                        1        Locality Maps

2        Arboricultural Map and Table

3        Heritage Building Plans

4        Overall Development Plan

5        Without Prejudice plan - break in built form

6        Landscape Plan

7        Colour Schedule

8        Nostra Plans

9        Glenville Plans   

Responsible Officer:           Director Planning & Development

Author:                                  Growth Area Development Assessment Planner   

 

APPLICANT:                        Bridge Inn Road Project Pty Ltd

COUNCIL POLICY               River Redgum Protection Policy

ZONING:                               Rural Conservation Zone

Township Zone

OVERLAY:                            Development Plan Overlay (DPO16)

Floodway Overlay (FO)

Heritage Overlay (HO116)

Vegetation Protection Overlay (VPO1)

REFERRAL:                          External

                                               Department of Transport AusNet Electricity Services; APT O&M (Gas); Yarra Valley Water; Melbourne Water; CFA

Internal

Development Engineering; Strategic Transport; Parks and Open Space; Strategic Planning; Urban Design; Sustainability Design; Land Management and Biodiversity; Heritage Coordinator; Heritage Advisor

OBJECTIONS:                     Advertising is exempt for this application

 

RECOMMENDATION SUMMARY

That Council resolve to approve Planning Permit Application No. 719740 and Grant a Planning Permit for a Multi-lot subdivision, construction of dwellings, removal of native vegetation, alteration to access to a Road Zone Category 1, partial demolition of a building in a Heritage Overlay and partial demolition of dry stone walls subject to conditions.

Brief overview

The application seeks to subdivide and develop the site at 635 Bridge Inn Road, Mernda and includes the partial demolition of the existing heritage dwelling on the site, restoration of the significant building as well as alterations and additions to the rear of the dwelling. The heritage dwelling will be created within a separate lot adjacent to the Plenty River Corridor.

The development area is to be cleared of all vegetation, except for Tree 1 - River Red Gum, located within the proposed service road reserve.  The removal of mixed vegetation within Tree area 31 is required for construction of the shared path within the Plenty River Corridor.

The development will also include land to be vested to Council as a part of the Plenty River Corridor, in addition to roads to be transferred to Council that will form part of a broader traffic network.

The application is exempt from public notification as it is generally in accordance with the Development Plan for the area and a number of referrals were undertaken in accordance with planning scheme requirements. 

rationale for recommendation

The subdivision layout and development plans are generally in accordance with the Heals Road Development Plan, as informed by the Mernda Township Development Plan (DPO16).

The partial demolition of the heritage building is to the rear, removing a fire affected portion of the building and allowing a modern renovation, as well as continued use of the dwelling.

The vegetation removal is consistent with that already considered as part of the Heals Road Development Plan and is required for the development of the site, whilst land will be transferred to Council along the Plenty River corridor to be used for both conservation and passive recreational purposes.

impacts of recommendation

The subject site has been identified for redevelopment for some time given its proximity to the Mernda Town Centre and Train Station and this is reflected in the strategic planning undertaken that establishes a Development Plan Overlay to guide increased development. 

Development of the site will also ensure the heritage dwelling is retained and restored, whilst the ultimate road network and open space along the river will be realised.

what measures will be put in place to manage impacts

Development plans for the dwellings have been provided and will be endorsed, ensuring an appropriate built form outcome, whilst conditions will be required to manage the restoration of the heritage dwelling.  

Appropriate tree protection measures, including the establishment of a tree protection zone around Tree 1, will be applied to all vegetation that is to be retained within the conservation reserve and development area and other standard permit conditions will be included to manage construction and other amenity impacts.

Report

SITE AND SURROUNDING AREA

The subject site is located on the northern side of Bridge Inn Road and abuts the Plenty River to the east with a total area of 2.186ha. The site is located 625m east of the Plenty Road intersection and is within a walkable catchment of the Mernda Railway Station and future Mernda Town Centre.

Two small house lots fronting Bridge Inn Road in separate ownership are located to the east, between the site and the Plenty River, and do not form a part of this proposed development.

Land to the south of Bridge Inn Road is undeveloped and abuts the carpark to the Mernda Train Station. The Mernda Station is approximately 150m west of the subject site, including bus transfer station at the car park and bus stops along Bridge Inn Road.

The site is located within the South East portion of the Heals Road Development Plan.  Four larger lots form this development plan area, including the western site at 625 Bridge Inn Road where the development of a child care centre and 31 residential lots has begun, including the construction of Cockrell Road being an internal north-south road also utilised by the subject site.

The lot to the north of the subject site will eventually connect the site to Schotters Road, although there are no current plans for the development of this site. Further north the land has been developed in accordance with the Development Plan.

The Plenty River Corridor forms the eastern portion of this site.

The subject site sits within both the Township Zone and a Rural Conservation Zone, with the proposed north-east Burnside Way and the heritage lot straddling each zone.

The site is generally vacant. The site includes a dwelling that dates to the 1860s and was adapted during the interwar years. The dwelling was subject to a fire in 2015 and has been unoccupied since. The house has deteriorated in that time through neglect of maintenance and/or repair.

An orchard and garden associated with the dwelling is located around the dwelling and includes a dry stone wall along the northern boundary of the site. The total site is vegetated with a mix of exotic and native vegetation.

restrictions and easements

The subject land is formally known as Lot 1 on Title Plan 403685. No restrictions or easements are listed on the Title.

Proposal

The application includes the subdivision of land at 635 Bridge Inn Road, Mernda. The proposal seeks to develop each lot with single and two storey dwellings and includes removal of vegetation, alteration of access to a road in a Road Zone, Category 1, partial removal of a Dry Stone Wall and partial demolition of a building in a Heritage Overlay.

A Cultural Heritage Management Plan was provided with the application. The subject site has a high level of ground disturbance through historical land use and cultural material was located as part of the assessment. One area of high archaeology potential was identified within the conservation zone where it was assessed to be protected through the Plenty River corridor.

Specific details of the proposal are outlined below:

Subdivision

·    Subdivision of land to create 54 lots to the east of Cockrell Road, including the creation of a service road to the front of the site. Burnside Way will extend east from Cockrell Road and turn north to ultimately connect to the northern lot. Brick Lane provides for vehicle access to the lots facing Bridge Inn Road and Burnside Way (part). These streets are to be constructed and vested as Council roads.

·    Land to the east to be vested to Council as part of the Plenty River Corridor.

·    Lot 54 is to be created with the existing heritage building at the south east corner of the site.

·    Lot sizes are to range in size from 80m2 to 350m2, as well as the heritage dwelling lot area of 682m2.

Vegetation removal

·    The application includes removal of all vegetation within the developable area. Tree 1 (River Red Gum) is proposed to be retained within the service road reserve.

·    A total of 7 River Red Gums (Trees 10, 20, 21, 22, 25, 27 and 28) are proposed for removal as well as a mix of exotic and native vegetation on the developable area.

·    Trees 3 - 10 have been removed as a part of preparation of the construction of Cockrell Road. The removal of these trees requires a retrospective permit.

·    In total 17 Victorian native trees require removal to facilitate the development of this site.

·    In addition, some vegetation is required to be removed within Tree Area 31 (Mixed Natives) of the Plenty River Corridor, to enable construction of the shared path.

·    All River Red Gums within the Plenty River Corridor are to be retained.

Partial demolition, additions and alteration to a heritage building

·    Demolition of the rear of the dwelling is proposed, including the kitchen, family room, laundry and bathroom. A plan is provided to demonstrate the required propping of the building to make it safe for restoration work.

·    Restoration of the front four rooms and veranda is proposed.

·    New additions and alterations will occur to the rear of the existing dwelling with the stairwell between floor levels providing a 1m glazed break between the new and old built form.

·    The two storey addition includes:

Ground floor: Kitchen; meals/living area; laundry; service yard (14m2) to the western boundary; a north facing secluded open space (119m2) with direct access from the living area

Double car garage accessed from Brick Lane

First floor: Main bedroom with ensuite; 2 bedrooms; central bathroom and rumpus room with 5m2 balcony

Gabled roof to the east-west and glazed articulation with vertical cladding in charcoal grey colour.

Development of site

In addition to the above, the application includes:

·    The development of each lot with either a Glenville Product or Nostra Product.

The Nostra dwellings are single storey, four bedroom with a single garage and tandem carspace.

The Glenville Product includes 7 dwelling typologies, noted as Dwelling Types A-G on the Sales Plan.

·    Removal of part of the dry stone wall on the northern boundary to enable the shared pedestrian path. Restoration and retention of part of the wall is proposed in accordance with the submitted Dry Stone Wall Management Plan;

·    A service road will be provided to the front of the site, extending from 625 Bridge Inn Road;

·    Landscaping works;

·    Associated car and bicycle parking;

Public Notification

Pursuant to the DPO16, Clause 43.04-2, an application under any provision of this scheme which is generally in accordance with an approved Development Plan is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act.

By way of background, the Heals Road Development Plan underwent a ‘non-statutory’ exhibition period to affected landholders and service authorities in early 2007 for 28 days.  Four submissions were received from landholders within and adjoining the DP area and from service authorities, particularly relating to road layouts/networks, excessive building heights, inadequate densities and open space provision along the river corridor. These were considered at a Council meeting on 29 May 2007 and following consideration of submissions and subsequent changes to address all concerns, Council resolved to amend and approve the Development Plan at its meeting of 18 September 2007.

The Heals Road, Mernda Development Plan was approved in accordance with Clause 43.04, Schedule 16 (DPO16) as a part of the wider Mernda Township.

Consultation

A number of meetings were held with the applicant and Council’s internal departments to discuss Council’s requirements and changes to the plans.   A number of changes were made throughout the application process with remaining changes included as recommended conditions on any permit issued.

Council has facilitated meetings between the permit applicant and the owner of 625 Bridge Inn Road regarding the design of Cockrell Road. The two properties continue to engage regarding coordination of the delivery of this road and extension of the service road, as well as the future development of the respective sites including the conservation reserve.

The permit applicant has consulted with the northern property owner at 26 Schotters Road, seeking to utilise their land for the temporary turning bowl for Burnside Way. At the time the property owner of 26 Schotters Road requested a quote for the cost of delivery of Burnside Way through his site. Ultimately this owner decided not to pursue it any further and did not allow the use of his land for a turning bay. The owner is, however, aware that a development application is underway at 635 Bridge Inn Road.

ASSESSMENT AGAINST THE WHITTLESEA PLANNING SCHEME

Planning Provisions Framework (PPF)

The following provisions of the Planning Policy Framework are relevant to this proposal:

Clause 11.01-1R: Settlement refers to the key strategy for creating a consolidated city within the Metropolitan Melbourne area;

Clause 11.01-1L: Green wedge areas requires linkages to be created between urban areas and to encourage the restoration of waterways as areas of incidental recreation and active modes of transport.

Clause 12.01-2S: Native Vegetation Management seeks to ensure that there is no net loss to biodiversity as a result of the removal, destruction or lopping of native vegetation. An offset is required to compensate for the biodiversity impact from the removal of vegetation. This will be provided through the planting of additional native vegetation within the Plenty River Corridor.

Clause 12.01-1L: Protection of biodiversity provides a local strategy for protecting and improving existing habitat corridors and remnant vegetation, including buffers along waterways between areas of development.

Clause 12.01-1L: River Red Gum policy recognises the River Red Gum as an asset to the City of Whittlesea. This policy seeks to protect River Red Gums from encroaching developments in urban and rural areas.

Clause 13.02-1L: Bushfire Planning seeks to strengthen community resilience to bushfire and grassfire.

Clause 15.01-1L: Urban design in the City of Whittlesea is required to ensure the Guidelines for Urban Development, 2015, are considered in the development of residential built form.

Clause 15.01-3L: Subdivision design provides strategy that includes ensuring that neighbourhoods are connects, lots are orientated to maximise solar efficiency and are integrated to the surrounding environment.

Clause 15.03-1S;-1L: Heritage conservation in Whittlesea requires the protection of places identified as having heritage significance and to ensure that future development allows an appropriate setting for the heritage place.

Clause 15.03-1L: Dry stone walls. The demolition or removal of dry stone walls should be avoided and their sympathetic integration within developments supported.

Zones and Overlay Controls

The site is affected by two zones as follows:

Clause 32.05 - Township Zone (TZ)

The subdivision of 53 lots and the internal east-west roads are located within the Township Zone where a permit is required for the subdivision of land.

As the application includes development of all lots, a permit is also required for the construction of two or more dwellings on a lot.

The proposed development considers the purpose of this zone, is residential in nature and supports the Heals Road Development Plan.

Clause 35.06 - Rural Conservation Area Zone (RCZ)

The eastern portion of the subject site is located with the RCZ and includes the north-south connection of Burnside Way and the turning bay for Brick Lane, generally in accordance with the Heals Road Development Plan.

The heritage lot is divided between the TZ and RCZ and benefits from existing use rights. A permit is required to alter an existing building where the extension is more than 100sqm. A permit is required for earthworks, which would include construction of a road.


 

The site is affected by two overlay controls as follows:

Clause 42.02 – Vegetation Protection Overlay, Schedule 1 (VPO1)

The whole of the site is subject to the VPO1 which applies to the ‘River Redgum Grassy Woodland’. The requirements of the schedule are that vegetation that is native to Victoria requires a permit for removal.

An arboriculture report has been prepared identifying the health and condition of the trees on site. The list of trees to be removed includes 7 River Red Gums and 10 other Victorian native trees, as well as other exotic trees and trees native to wider Australia.

Clause 43.01 - Heritage Overlay, Schedule 116 (HO116)

The existing dwelling on the southeast corner of the subject site is listed within the Heritage Overlay as HO116.

The dwelling and garden at the subject site are significant as a reminder of development in Morang as a result of the construction of the nearby Yan Yean reservoir. The 1920s renovations are innovative, with this era of design under-represented in the City of Whittlesea. The house is aesthetically significant for its prominent position on Bridge Inn Road.

The key significant elements including the bluestone chimney base, weatherboard construction and interwar alterations to the roof and veranda. The hedge and mature trees contribute to the garden setting.

A permit is required to demolish a building, construct a building or carry out works or externally alter a building.

Clause 43.04 - Development Plan Overlay, Schedule 16 (DPO16) – Mernda Township Development Plan

The land within the TZ is also affected by the DPO16. Clause 43.04-2 directs that a permit must not be granted to subdivide or develop the land until a development plan has been prepared.

The Mernda Township DP is the basis for guiding development within that area, while the Heals Road Development Plan (DP) was approved in 2007, prepared specifically for the four sites south of that road, including the subject site.

This proposal is considered in accordance with the approved DP.

Particular Provisions

The relevant Particular Provisions are as follows:

Clause 52.06 – Car Parking

All dwelling types are provided with the required number of parking spaces on site. Type G includes an additional apron for driveway parking and as such those 5 dwellings may be able to accommodate additional onsite parking.

The Heals Road Development Plan stipulates that a parking rate of one on street car parking space per dwelling. It is noted that since the adoption of the DP, Clause 52.06 now designates the subject site as within a Principal Public Transport Network area and should this provision be applied, no visitor car parking would be required.

The application proposes to include 37 on street car spaces, resulting in a rate close to 1 space to 1.5 dwellings. Given the proximity to the Town Centre and Railway Station, this is considered an acceptable outcome.

Clause 52.17 – Native Vegetation

A permit is required to remove, destroy or lop native vegetation, included dead native vegetation. As noted, a permit is required to remove 17 trees from the site, in accordance with the DP.

Clause 52.17-7 of the Planning Scheme outlines an exemption for ‘planted vegetation’. The VPO1 specifically notes that this exemption is only relevant for the purposes of crop raising or animal grazing. As such, a permit is required for the removal of these trees.

It is considered appropriate to remove the vegetation as a part of the development.

Clause 52.29 – Create access to a Road Zone Category 1

A permit is required to create access or subdivide land adjacent to a Road Zone. Bridge Inn Road is located within a Road Zone Category 1. The proposal seeks to create access to Bridge Inn Road via the construction of a service road with left turn out only. The proposal also includes access from Cockrell Road which is to be constructed by the abutting property.

All access points are considered in accordance with the DP and are supported.

The Department of Transport has provided a referral response indicating it does not have an objection to a permit being issued subject to conditions.

Clause 66.01 – Referral and Notice Provision

A permit for subdivision must contain mandatory conditions for the provision of telecommunication services. These conditions will be reflected in the permit.

REFERRAL COMMENTS

External

Conditions

Comments

APT O&M Services

No

No objection to issue of permit

 

Yarra Valley Water

Yes

No objection to issue of permit subject to conditions

 

Melbourne Water

Yes

No objection to issue of permit subject to conditions

 

The Head, Transport for Victoria

 

Yes

No objection to issue of permit subject to conditions

 

AusNet Electricity Services

Yes

No objection to issue of permit subject to condition

 

AusNet Transmission Group

No

No objection

 

CFA

Yes

No objection to issue of permit subject to conditions

Parks and Open Space

The Parks and Open Space Department has provided input into the design and the landscaping of the proposed subdivision and development, including the retention of Tree 1 and the location of the turning bay into the conservation reserve.

The Tree Protection Zone (TPZ) of Tree 1 has been assessed by Council’s arborist as significant and worth of retention. The permit applicant has measured the canopy spread through a surveyor at 19m, requiring a TPZ of 9.5m. The 1m offset from the TPZ extends into the proposed Lots 9, 10 and 11.

Various surface treatments will ensure protection of the roots. There was concern regarding the encroachment into the TPZ , however the existing heritage dwelling cannot be moved and therefore the encroachment of the TPZ is acceptable.

A condition will be required to include the 2.5m shared path along the Linear Open Space with the Subdivision Layout Plan.

It is noted that the Stormwater Strategy and Services Review indicate that the electrical substation and utilities will need to be located within the conservation reserve abutting the heritage property. Any conservation land to be used for services cannot be included in the calculation of open space provided as a part of the development.

Land Management and Biodiversity (Sustainable Environment)

Noted a preference to retain River Red Gum trees where possible and encouraged removal of various noxious weeds.

The use of indigenous species in plantings is strongly encouraged with some adjustments to those proposed to be included as conditions on any permit issued.

Heritage Coordinator

Raised no objection to the Dry Stone Wall Management Plan (DSWMP), noting that dry stone walls are rare in the Mernda district. The DSWMP notes the eastern extent of the wall as significant, being Section D (part), E, F and G. This is supported and recommended to be conditioned on any permit issued.

A second north-south wall was identified on the abutting property to the north. A condition is recommended on any permit issued that protects this wall during the development of the subject site as they are likely to be part of the same fencing complex.

Heritage Advisor

Partial demolition of the fire affected part of the heritage building, as identified by the structural engineer and subsequent demolition plans, is appropriate.

The additions and alterations as proposed are considered appropriate for the context of the site. A condition should be included that a Heritage Conservation Management Plan (HCMP) be prepared that provides a detailed plan for the repair of the dwelling and presentation of the site.

The structural engineer report is not conclusive on whether the existing weatherboards require replacement or are structurally sound. Retention of all existing weatherboards should be achieved where appropriate.

The retention of mature trees and landscaping around the dwelling should be required, although it is noted that most of the surrounding landscape is introduced vegetation, including noxious weeds.

Development Engineering

The Development Engineering Department has provided advice regarding the required infrastructure to be delivered by this development, including components within the road reserve and drainage requirements.

Conditions of permit will require changes to plans and the preparation and approval of functional layout plans to demonstrate the spatial provisions of each road reservation consistent with Council’s requirements.

Urban Design

The Urban Design team has provided ongoing advice to ensure the development of a high quality residential area with varied roof form, colours and materials provided to each dwelling type. The siting of garages and glazed elements provides good articulation to each Dwelling Type.

Concern was raised with the bulk of the townhouses along the north-south roads and recommended that a break in the attached built form will allow glimpses of the Plenty River Corridor from Cockrell Road, and improve the visual amenity of the development.

The developer has provided a ‘without prejudice plan’ demonstrating how a break in the built form can be achieved which can be described as a 3.18m wide separation between Lots 50 and 51, carried through to Burnside Way between Lots 37 and 38, with no reduction to the total number of lots. This will require some adjustment to the width of lots and introduce a new double storey dwelling to the Nostra typology. In addition, the double garages to Lots 37 and 38 will become single garage with a tandem car space. Dwelling Type G would be converted to include an east-facing balcony, providing passive surveillance of the reserve.

This can be conditioned on permit and is considered an acceptable outcome.

Strategic Transport

No objection to the Green Travel Plan subject to conditions regarding bicycle storage.

Strategic Planning

The medium density housing proposed is appropriate, noting that the housing densities increase toward the south of the site, being the closest point to the Mernda Railway Station and future Town Centre. Developer Contributions are required in accordance with the rates set out in the Mernda Local Structure Plan Part 1. The establishment of the Plenty River Corridor is considered to be appropriate as an open space contribution.

Sustainability

No objection to the proposed development, subject to the submission of a revised Sustainability Management Plan including achievement of a 6.5 star rating.

A Built Environment Sustainability Scorecard (BESS) of 61% provides a Best Practise outcome for the development.

ASSESSMENT AGAINST CLAUSE 55 OF THE WHITTLESEA PLANNING SCHEME

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

·    Must meet all of the objectives

·    Should meet all of the standards

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

 

√-Compliance
X - Non compliance

Objectives

Standards

COMMENTS

B1

Neighbourhood
Character

P

P

The site is located with an area identified as appropriate for medium density housing growth, with more intense built form encouraged toward Bridge Inn Road and the Mernda Town Centre. Development at 625 Bridge Inn Road has begun, where the approved built form consists of a child care centre to Bridge Inn Road with medium density housing to the north of the child care centre, broken into ‘groups’ of townhouses.

 

The proposed development includes 7 dwelling types with a break in the built form provided through the placement of Burnside Way. A second east-west road has been replaced with a laneway, reducing the visual connections. To counteract this, it is recommended that a break in the built form be provided between Lots 50 and 51, carried through to Burnside Way between Lots 37 and 38, as described through the Urban Design assessment.

The layout provides appropriate articulation through colours and materials with varied roof form. No front fencing is shown on the plans.

The style of the dwelling will ensure that the garages do not dominate the dwelling layout. The introduction of balconies to Type G, as facilitated by the proposed break in attached townhouses, will provide increased passive surveillance of the public space and as well as improved articulation of the dwelling types.

B2

Residential
Policy

P

P

The site is located within the Heals Road Development Plan and has considered all requirements of that plan. The medium density housing responds to policy requiring future housing within a walkable catchment area of the Mernda Town Centre, as identified through the DP.

The subject site is located within 200m of a railway station, bus route, town centre and Plenty River parklands, as well as the Mernda recreation reserve, providing an ideal setting for future occupants.

The application includes removal of native trees (VPO) and restoration of a heritage buildings (HO) and has addressed all the relevant policy of the PPF.

 

B3

Dwelling
Diversity

P

P

This application includes more than 10 dwellings, requiring a range of bedrooms within the dwelling typologies.

The dwellings include a mix of single and double storey buildings with two, three and four bedroom layouts. The Nostra dwellings provide all living, bedrooms and facilities at ground floor.

B4

Infrastructure

P

P

The proposal has been referred to all external authorities who offer no objection subject to conditions. The services to the southeast of the site are required to sit outside of the heritage dwelling lot and are required to be placed in the conservation reserve. This will ensure full access to all services as needed.

Melbourne Water required a Stormwater Management Plan be prepared at the application stage for their consideration. This has been approved subject to conditions.

B5

Integration with
the street

P

P

All proposed dwellings will be appropriately integrated with the future street layout.

The proposed ‘without prejudice’ changes will include a revised building layout for the Nostra dwellings, introducing double storey form to the mix and creating visual articulation. Two Type G dwellings would convert the double storey garage to a single storey and a balcony facing east would be included. This is considered an improvement to the articulation and opportunities presented to Burnside Way as it faces the Plenty River corridor.

withB6

Street setback

P

Partly Complies

The proposed dwellings fronting Bridge Inn Road will be sited behind the service road, creating a setback of 4m from the service road. The new dwellings will have a setback greater than the heritage dwelling, ensuring that the setting of the heritage place is not compromised. Setbacks are also consistent with the approved permit development at 625 Bridge Inn Road.

 

 

A setback of 12.5m to the service road is proposed, with an additional setback of 7.4m to Bridge Inn Road and complies with Standard B6.

Setbacks from to the front porch within the development vary from 1.4m to 5.86m, requiring a variation to the Standard B6. The setbacks proposed are consistent with the emerging character of the Heals Road DP area and should be supported.

B7

Building height

P

P

No dwelling will be more than 2 storey and generally no greater more than 7m in height. This is in accordance with the expectations of the Township Zone and the DP.

B8

Site coverage

P

P

A large portion of the site is committed to the Plenty River Corridor, with landscaping through nature strips and the service road reserve provided throughout the site.

It is accepted that the site has less than 60% site coverage.

B9

Permeability

P

P

A BESS Score of 61% has considered the permeable area provided within the development. This is satisfactory.

B10

Energy
efficiency

P

P

The orientation of the site and densities sought does not allow for all lots to be provided with north facing spaces.

Lots 1-11 face south onto Bridge Inn Road and have a rear vehicle access via Brick Lane. Ground floor includes 2 bedrooms with access to natural light while the living spaces are provided to the first level, maximising light and energy efficiencies.

The roof form of each dwelling is angled to ensure maximum solar efficiency is achieved within each dwelling typology.

B11

Open space

P

P

The Plenty River Corridor is provided as an informal public space, as required by the Heals Road Development Plan. Lots 30-44, as well as the heritage dwelling, will have frontage to the Corridor. All existing native vegetation within the Corridor will be retained. The existing dry stone wall will be retained in part as a landscape feature within the open space area.

B12

Safety

P

P

All dwellings will have a direct frontage to the service road or an internal road and are clearly identifiable. All dwellings will be provided with internal access via the garage direct to the dwelling or a private open space (heritage dwelling). No private space will be utilised as a public thoroughfare.

The splays at Lots 12 and 22, being the corner of Burnside Way / Cockrell Road and the northern side of Lot 1, being the corner of Cockrell Road / Brick Lane are required to be 3m x 3m and can be conditioned on any permit issued.

B13

Landscaping

P

P

A permit condition will require a complete landscaping plan for the overall site.

The existing vegetation within the Plenty River Corridor is to be protected and enhanced through additional plantings. Street trees are proposed throughout the development within the nature strips and road reserves.

The Hawthorn Hedge to the front of the heritage dwelling is a significant part of that site. It is also identified as a noxious weed and is recommended for removal.

B14

Access

P

P

All dwellings are appropriately serviced with a crossover to each lot.

Details regarding spacing between crossovers and their location from intersecting roads has been provided by the applicant. A condition on permit will require a Functional Layout Plan to be endorsed by Council to ensure that crossovers are appropriately located. It is considered that a satisfactory outcome can be achieved with the development proposal.

B15

Parking location

P

P

Each dwelling is provided with a single or double car parking space with all dwellings provided with at least one undercover car space, in accordance with Standard B15.

 

B17

Side and rear
setbacks

P

Generally complies

The objectives of B17 are met with the proposed typology.

 

If assessing the built form within the proposed lot arrangement, the first floor rear setbacks to dwellings abutting Brick Lane require a variation of 1m. This is acceptable given the setback of 1m from a rear laneway will result in no detrimental amenity impacts to any dwelling.

B18

Walls on
boundaries

P

P

All boundary walls on the proposed lots abut another boundary wall of a similar length and height.

The character throughout the development is consistent and supported.

B19

Daylight to
existing
windows

P

P

Daylight to the windows of the existing heritage dwelling will not be impacted by the proposed development.

B20

North-facing
windows

P

P

Al north facing windows of the existing heritage dwelling are to be demolished. The additions and alterations will not be affected by the medium density housing.

B21

Overshadowing
open space

P

P

The private open space of the heritage dwelling will not be impacted.

B22

Overlooking

P

P

No overlooking will result to the existing heritage dwelling.

B23

Internal views

P

P

Screening and window design will prevent internal views.

B24

Noise impacts

P

P

All dwellings will be designed to manage noise impacts associated with residential development.

B25

Accessibility

P

P

All dwellings can provide all-ability access.

B26

Dwelling entry

P

P

All dwellings are provided with an entry porch and transitional space for each garage.

B27

Daylight to new
windows

P

P

All windows will have access to an outdoor space clear to the sky with a minimum are of 3sqm

Dwelling Types A and B are provided with a two storey light well to each dwelling of at least 3sqm. This is satisfactory for the dwelling type proposed in this location.

B28

Private open
space

P

Partly Complies

Dwelling Type A has SPOS in the form of a first floor balcony of 9.9m2 and Dwelling B has a balcony of 9.4m2.

Dwelling Type D includes a 14.8m2 first floor balcony.

All other dwelling types provide POS at ground level of at least 40m2 including 25m2 SPOS.

Dwelling Type C includes 24m2 SPOS with a dimension of 3.72m to the rear of the lot. This is considered a reasonable variation in the setting of opposite the Plenty River Corridor.

B29

Solar access to
open space

P

P

Balconies to Dwelling Types A and D are located to the south of the site. These spaces are not considered to be secluded open space and are appropriate.

Lot 33 is located to the south of the wall at Lot 34. Lot 26 is to the south of the wall on Lot 53. The setbacks as required from Standard B29 are met for each of these lots.

B30

Storage

P

P

The plans show 6m3 storage sheds for each lot.

B31

Design detail

P

P

The colours and materials as proposed are appropriate for the emerging character of the Heals Road Development Plan area and are supported by the Urban Design Department.

B32

Front fences

P

P

There are no front fences proposed to the new development on this site.

A 1.5m fence with 25% transparency is proposed to the front of the heritage dwelling. This is considered appropriate with the removal of the Hawthorn hedge. A replacement hedge species would also be considered appropriate for this lot.

Side fences are proposed to corner lots. Details of the height of these fences should be required as a condition on any permit issued.

B33

Common
property

-

-

-

B34

Site services

P

P

Bin storage areas are adequately shown on the development plan for each dwelling type.

The placement of mailboxes should be required on amended plans by way of condition on any permit issued.

PLANNING COMMENTS 

DPO16 refers to the Mernda Township Development Plan. The Heals Road Development Plan guides the future use of the site in accordance within the wider township area and was adopted by Council in 2007. The proximity of the development plan area to the Mernda Town Centre supports the provision of full residential development with no need for non-residential uses.

The development plan provides a high-level of circulation through internal streets and a pedestrian/cyclist network incorporating footpaths to all internal streets and a concrete shared path through the Plenty River Corridor.

The development plan provides for infill development and both conventional densities as well as providing for a graduation of densities toward Bridge Inn Road and the town centre with the intention of increasing densities around the Mernda Town Centre. The preferred medium density housing type is to be street based, such as terrace housing.

The heritage dwelling is not included within the Heals Road Development Plan (DP). HO116 was included to the Whittlesea Planning Scheme in 2015 (Amendment C153) but did not include updating the DP. As such, the Heritage Overlay must be considered in its own right, in addition to the DP, for this area.

The VPO1 did apply to the site at the creation of the DP. The existing vegetation was considered at the time of implementation of the DP.

Waste management trucks require a turning area on Burnside Way until the property to the north is developed. To enable the development of all residential lots it is necessary for the turning bay to extend east. This bay must be retained within the road reserve alignment and must not encroach on the TPZ of any existing native tree within the Plenty River Corridor.

The urban design outcome will benefit from a break in the building mass as viewed from Cockrell Road to Burnside Way. To facilitate this the permit applicant has suggested that a 3.18m wide separation be created between Lots 50 and 51 continuing through to a gap between Lots 37 and 3. This gap will form part of the private open space of those lots and will not be publicly accessible.

This is considered to be an appropriate solution and will ensure that the built form is provided in ‘groups’ as per the development at 625 Bridge Inn Road. Some change to the building typologies of Type C and Type G will result, including a double storey Nostra typology at Lots 49 and 50; a new floorplan layout for Lot 51 and changed boundary widths. To Burnside Way, Lots 37 and 38 will include single garages with tandem car space behind. Type G dwellings will be altered to include an east facing balcony. These changes are considered positive and will improve the articulation to the development.

Services can be provided to the site. It is considered that a service easement through the private property of the heritage dwelling is not appropriate. An easement can be provided adjacent to the boundary of the private lot, located within the Plenty River Corridor. Consequently, this land becomes encumbered and cannot be included in the open space requirements.

Tree removal assessment

The Heals Road Development Plan identifies two key River Red Gums that are to be retained, cited on the lot to the north of the subject site. All existing indigenous species within the Plenty River corridor must be retained and enhance through additional planting.

The removal of the identified trees is necessary for the development of the site.

A final landscape plan will be required through condition on the permit.

The retention of Tree 1 is supported as a significant River Red Gum, located within the road reserve at the front of the property. It is Council policy to eliminate the risk of potential falling limbs from damaging private property or risking life. To ensure that this is achieved, the lots that fall within the ‘canopy area plus 1m’, as shown on the dashed blue line on the development plan, must be amended to fall outside that area. The proposed footpath to the front of the lots should be realigned to also be completely outside the TPZ area. The location of the heritage dwelling cannot be moved and as such it is appropriate to accept the risk of the overhanging canopy to that property. It is accepted that with appropriate management the tree itself can be appropriately managed.

Heritage demolition assessment

A structural engineering report has been provided and concludes that the front of the house is able to be restored, including the weatherboards and bluestone chimney. The roof and veranda are in poor condition, however enough of the structure remains to enable an appropriate restoration

Declarations of Conflicts of Interest

Under Section 130 of the Local Government Act 2020 and Rule 47 of the Governance Rules 2021, officers providing advice to Council are required to disclose any conflict of interest they have in a matter and explain the nature of the conflict.

The Responsible Officer reviewing this report, having made enquiries with 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 policies and provisions of the Whittlesea Planning Scheme, including Clauses 12.01-1L (River Red Gum Protection), 15.03-1S;-1L (Heritage): and 52.17 (Native Vegetation Removal), as well as applicable Zone and Overlays. Accordingly, it is recommended that the application be approved subject to conditions.

 

Recommendation

THAT Council resolve to approve Planning Application No. 719740 and issue a Planning Permit for the multi-lot subdivision, construction of dwellings, removal of native vegetation, alteration to access to a Road Zone Category 1, partial demolition of a building in a Heritage Overlay and partial demolition of dry stone walls subject to conditions in accordance with the endorsed plans and subject to the following conditions:

CONDITIONS TO BE SATISFIED PRIOR TO CERTIFICATION OF THE PLAN OF SUBDIVISION

1.       Stormwater Management Strategy

 

Prior to the submission and endorsement of the Subdivision Layout Plan and before any development hereby permitted starts (including any demolition, excavations, tree removal, delivery of building / construction materials and/or temporary buildings),  an amended Stormwater Management Strategy is required to be submitted to and approved by the Responsible Authority and Melbourne Water. When approved, the plan will be endorsed and will then form part of the permit. The Stormwater Management Strategy must be prepared by a qualified person and be generally in accordance with the Stormwater and Services Strategy review, Supplement, dated 8 April 2021 prepared by MRM Group, but amended to show:

a)      All details of the proposed stormwater works including potential impact on all existing and proposed features (e.g. trees to be retained, crossings, services, fences, abutting buildings, existing boundary surface levels, etc.).

b)      Compliance with Section 4.9 of the Engineering Design and Construction Manual (EDCM).

c)      Catchment plan and gap flow computation.

d)      Catchment area for gap flow must include additional flow from Cockrell Road that is being delivered by 625 Bridge Inn Road development.

e)      Gap and piped flow to be directed toward the nominated point of discharge in Bridge Inn Road, to the satisfaction of the Responsible Authority

f)       A drainage reserve of approximately 10.0m to the east of lot containing the existing dwelling, to manage overland flow.

Note: The sewer pump may be required to be located outside designated flood path. To be confirmed with Yarra Valley Water. The easement needs to be moved below the sewer and drainage easement.

g)      Gross Pollutant Trap (GPT) must be located along Burnside Way within the road reserve for future maintenance access. Hardstand area for GPT must be line marked if proposed parallel to Burnside Way within Council Reserve. Alternatively, if GPT is located outside 2.0m from the kerb, a maintenance plan must be provided to demonstrate that the GPT can be accessed via the maintenance track. GPT must be either located within the road reserve or the drainage reserve.

2.       Services Strategy

Prior to the submission and endorsement of the Subdivision Layout Plan, an amended Services Strategy must be submitted to and approved by the Responsible Authority. When approved, the strategy will be endorsed and will then form part of the permit. The submitted Services Strategy must be generally in accordance with the Stormwater and Services Strategy review, Supplement, dated 8 April 2021 prepared by MRM Group but amended to include, but not limited to, the following, to the satisfaction of the Responsible Authority:

a)      Satisfy the requirements of Addendum 4, Section 10.13 ‘Utility Locations’ of the Engineering Design and Construction Manual (EDCM).

b)      Location of all service conduits to the back of kerb.

c)      All service crossings within the road reserve as straight.

 

d)      The location of all services outside the footpath except for sewer. All manholes are to be located away from Tactile Ground Surface Indicators (TGSIs).

e)      Only Sewer and Stormwater are permitted under the laneway. All other service conduits and connections are to be located in the nature strip either in the service road or local access street.

f)       That the Water and Gas alignment shown on Cockrell Road, eastern verge, is in accordance with the approved Civil Engineering Plans for 625 Bridge Inn Road.

3.       Arborist Report

Prior to the submission and endorsement of the Subdivision Layout Plan, an amended Arborist Report must be submitted to and approved by the Responsible Authority.  The Arborist Report must be generally in accordance with the Arboricultural Assessment & Report, Version 6, dated 21 June 2021 but amended to show:

a)      The north, south, east and west canopy dimensions of Trees #1; #18-19 and #31-33;

b)      The height of Trees #1; #18-19 and #31-33.

When approved, the report will be endorsed and will then form part of the permit.

4.       Heritage Conservation Management Plan

Prior to certification of the plan of subdivision, a Heritage Conservation Management Plan for the protection, repair and reinstatement of the retained building must be prepared by an experienced heritage consultant and must be submitted to, and approved by, the Responsible Authority. When approved, the plan will be endorsed and will then form part of the permit.

The Heritage Conservation Management Plan must identify the buildings and works to be conserved and include:

a)      show the details of demolition works and demolition plans as marked on ground floor plan and elevations;

b)      make safe plan to ensure the heritage building is secured and protected from the elements;

c)      identification of the existing fabric to be retained as a part of the building works;

d)      any maintenance issues; and

e)      any other matter as appropriate.

Works must be undertaken in accordance with the Heritage Conservation Management Plan to the satisfaction of the Responsible Authority.

5.       Amended Subdivision Layout Plan

Before the submission and approval of Functional Layout Plans, an amended Subdivision Layout Plan must be submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed and will then form part of the permit. The plan must be drawn to scale. The plan must be generally in accordance with Overall Development Plan dated 22-4-21 and prepared by MEMLA, but modified to show:

a)      All changes as required by the endorsed Stormwater Management Strategy and Services Strategy;

 

 

b)      Exact location and measurements of the Tree Protection Zones (TPZ) for Trees #1; #18-19; #31-33 in accordance with the City of Whittlesea TPZ standards;

c)      A temporary turning area at the dead end of Burnside Way that will be capable of providing for a 10.8m design vehicle and checked for 12.5m. Turning movement template for 10.8m and 12.5m vehicle must be provided to demonstrate that the vehicle can perform a 3-point turn within the road reserve. Additional area from the development site must be provided for temporary turning area, if this cannot be demonstrated within the road reserve. This turning area must be clear of all TPZs within the Plenty River Corridor;

d)      Dimensions on all roads and lots;

e)      A separate plan showing all the vegetation approved for removal with numbering that matches the Arborist Report endorsed under this permit;

f)       Property splay at the Burnside Way/Cockrell Road intersection, and the Service Road/Cockrell Road intersection must be 3m x 3m;

g)      Property splay at Lot 22 must be increased to 3m x 3m with 8.0m to 8.3m kerb radius at the intersection (Burnside Way/Burnside way);

h)      Implementation of the Dry Stone Wall Management Study endorsed under this permit, including retention of all sections of wall marked as D, E, F and G on that plan, as well as any other section of wall to be retained, and detail on the stockpiling of stone to be removed;

i)       Relocation of the shared footpath and adjustment of the boundary of proposed Lots 9, 10 and 11 to be located outside the required TPZ for Tree #1 as calculated in the Arborist Report endorsed under this permit;

j)       Creation of a physical separation between the built form of no less than 3.18m between Lots 51 and 52, carried through to Lots 38 and 39 generally in accordance with the changes as outlined on page 8 of the Further Planning Submission, dated 21 June 2021, or as otherwise agreed to by the Responsible Authority; and

k)      The area of open space along the Plenty River Corridor to be annotated to show the land to be a Reserve that is to be vested to Council.

6.       Functional Layout Plan

Before the submission and approval of construction plans (engineering plans) and the certification of the relevant plan of subdivision for each stage, a functional layout plan for the subdivision or stage of subdivision, to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. 

When approved, the functional layout plan will be endorsed and will then form part of the permit.  An electronic copy of the functional layout plan must be drawn at a scale of 1:500 to acceptable drafting standards.

The functional layout plan must be generally in accordance with the Subdivision Layout as required at Condition 5 and must include:

a)      the closure of the temporary entry/exit from Cockrell Road;

b)      the development proposal but modified to show overlay access arrangement onto the Bridge Inn Road plan, in accordance with Condition No 53 a) and to the satisfaction of the Responsible Authority and the Department of Transport;

 

c)      the Service road extended further east with left out to Bridge Inn Road to the satisfaction of the Responsible Authority and the Department of Transport;

d)      a Shared Path within the Reserve from Bridge Inn Road to the northern boundary;

e)      all services conduit within the existing local street must be bored, no open trench will be permitted;

f)       a fully dimensioned subdivision layout, including approximate lot areas, lot numbers, open space areas, widths of street reservations, stage boundaries and the relationship between the site/stage and the surrounding land;

g)      topography and existing features, including contours for the subject land and any affected adjacent land;

h)      identification by survey of all trees (or group of trees) existing on the site, including dead trees and those that overhang the site from adjoining land.  All trees proposed for removal shall be designated with a cross;

i)       details of Tree Protection Zones (TPZs), for all trees to be retained on site and overhanging from adjoining sites in accordance with the City of Whittlesea TPZ standard;

j)       typical cross-sections for each street type, dimensioning individual elements, services offsets and any other spatial requirements identified in the Heals Road Development Plan. This must include the service road and Brick Lane. This must also include services offset from the boundary;

k)      a table of offsets for all utility services and street trees;

l)       location and alignment of kerbs, indented parking spaces, footpaths on the subject land and between the subject land and the nearest other subdivision, shared paths on the subject land and any bus stop locations marked with a cross;

m)     the location of any traffic management devices required to service the subdivision (signals, roundabouts, splitter islands, etc);

n)      provision of notional no fewer than 32 on-street parking spaces or as otherwise agreed to by the Responsible Authority;

o)      any spatial requirements for drainage as identified in the submitted Stormwater Management Strategy and the proposed overland flow paths; 

p)      preliminary location of reserves for electrical kiosks; and

q)      works external to the subdivision, including both interim and ultimate intersection design requirements and layouts.

7.       Kangaroo Management Plan

Prior to the Certification of the Plan of Subdivision and the commencement of works, a Kangaroo Management Plan prepared by a suitably qualified professional must be submitted to and approved by the Responsible Authority. When approved, the Kangaroo Management Plan will be endorsed and will then form part of the permit.

The Kangaroo Management Plan must include:

a)      Strategies to avoid land locking kangaroos, including staging of subdivision.

 

 

 

b)      Management requirements to respond to the containment of kangaroos in an area with no reasonable likelihood of their continued safe existence, or management and monitoring actions to sustainably manage a population of kangaroos within a suitable location.

c)      Evidence of any authorisation obtained from the Department of Environment, Land, Water and Planning under the Wildlife Act 1975, or a statement identifying that an authorisation is not required.

d)      A response outlining how the Kangaroo Management Plan is consistent with any requirements of an authorisation required under part c) of this condition, if applicable.

The endorsed Kangaroo Management Plan must be implemented to the satisfaction of the Responsible Authority.

8.       Open Space Contributions

Prior to the issue of Certification of the Plan of Subdivision, the Plan of Subdivision must show open space contributions to be provided in the form of the Reserve as shown on the endorsed Subdivision Layout Plan. The Reserve must be vested in Council and at no cost to Council.

9.       Certification Plan Requirements

Before a Plan of Subdivision is certified under the Subdivision Act 1988, six copies of the plan including two signed heavyweight copies must be submitted to the Council, unless lodged electronically via SPEAR. The plan must show all bearings, distances, street names, lot numbers and any necessary easements and reserves, in accordance with the approved Functional Layout Plan. 

CONDITIONS TO BE SATISFIED PRIOR TO COMMENCEMENT OF WORKS FOR THE SUBDIVISION

10.     Landscape Masterplan

Prior to the approval of any construction plans (engineering plans), an amended landscape masterplan for the entire subdivision must be submitted to and approved by the Responsible Authority.  When approved, the landscape masterplan will be endorsed and will then form part of the permit.  The landscape masterplan must be drawn to scale with dimensions provided.  The landscape masterplan must be generally in accordance with the landscape plan prepared by memLa, dated 22-4-21 but amended to show:

a)      the overall landscaping theme to be developed for the subdivision.

b)      the following changes to the type or types of species to be used for street tree planting in the subdivision:

·   Prickly Tea Tree and Lightwood must be substituted on the landscape plan for one of the species listed in the Flora and Fauna report as indigenous to the Plenty River corridor.

·   The use of Brittle Gum must be replaced for Swamp Gum.

c)      the principles of the proposed treatment of the open space and drainage reserves.

d)      a management plan for the native vegetation proposed for retention to ensure its integrity during the site development and landscape maintenance period must be submitted with the landscape masterplan.

e)      any proposed works on the dry stone wall that is the subject of the endorsed Dry Stone Wall Management Plan must take care not to disturb the north-south aligned dry stone wall, parallel to the Plenty River, on the adjacent Schotter Road property to the north.

f)       The visual relationship of the retained wall to the surrounding landscape, including the newly identified dry stone wall to the north of the study area, must be considered in the landscape design. Interpretative heritage signage for the dry stone wall which presents information for public consumption is to be included within the landscape design.

The endorsed Landscape Masterplan must be implemented to the satisfaction of the Responsible Authority.

11.     Telecommunication Services Agreement

The owner of the land must enter into an agreement with:

a)      telecommunications network or service provider for the provision of telecommunication services to each lot shown on the endorsed plan in accordance with the provider’s requirements and relevant legislation at the time; and

b)      a suitably qualified person for the provision of fibre ready telecommunication facilities to each lot shown on the endorsed plan in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network will not be provided by optical fibre.

12.     Civil Engineering Plan, Landscape Works Plan and Site Management Plan

Before any works associated with the subdivision commence, a detailed civil engineering plan, a Landscape Works Plan, and a site management plan to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority.  The civil engineering plan, and site management plan will not be considered or approved until the functional layout plan(s) has been approved by the Responsible Authority, the plan of subdivision has been certified, a draft landscape works plan has been submitted for comparison against the civil engineering plan and the locations of other authorities’ services have been provided to the satisfaction of the Responsible Authority. When approved, the civil engineering plan, landscape works plan and a site management plan will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must include:

a)   a civil engineering plan including:

i.        specifications of the proposed works that are to become public assets within and outside of the subdivision as required by this permit;

ii.       all necessary computations and supporting documentation, including a Certificate of Compliance (design) for any structure, traffic data, road safety audit and geotechnical investigation report;

iii.      all details of works consistent with the approved functional layout plan, submitted draft landscape works plan and lodged plan of subdivision;

iv.     design for full construction of streets and underground drainage, including measures to control / capture pollutants and silt;

v.      provision for all services and conduits (underground), including alignments and offsets, on a separate services layout plan;

vi.     provision of public lighting and underground electricity supply within all streets;

vii.    traffic control measures;

viii.   provision of street name plates to the Council standard design including a schedule of individual signs and associated street numbers;

ix.     provision of footpaths in all streets and reserves and between the subject land and the nearest other existing subdivision in accordance with the approved functional layout plan;

x.      shared paths in accordance with the approved Development Plan within streets and reserves;

xi.     provision of underground easement drains of sufficient capacity to serve all lots being created to a legal point of discharge and the provision of an inlet on each such lot;

xii.    the location and provision of vehicle exclusion mechanisms abutting reserves;

xiii.   details of the proposed treatment and provision for lot boundary fencing adjoining all reserves other than road reserves;

xiv.   appropriate mechanisms for protecting environmental and heritage assets during the construction phase of the subdivision;

xv.    provision for the utilisation of any surplus top soil from this stage;

xvi.   permanent survey marks;

xvii.  unless an alternative empty conduit network is being installed that is suitable for fibre optic infrastructure and the applicant has evidence of an access agreement between the carrier putting in the conduit and the National Broadband Network Company, the provision of conduits, including pits and ancillary works for optical fibre telecommunications services or any equivalent alternative approved by the Responsible Authority and the conduit shall be designed in accordance with clause 22.13 Telecommunications Conduit Policy of the Whittlesea Planning Scheme and Planning Guidelines for Conduits for Optic Fibre Services, 2001;

xviii. survey details of the canopy trunk location and size of trees to be retained and associated tree protection zones;

xix.   details in relation to all filling on the site which must be compacted to specifications approved by the Responsible Authority;

xx.    the relocation underground of all existing aerial services, including electricity and telecommunications assets, within streets abutting the subdivision;

xxi.   the location of any earthworks (cut or fill) or service provision in a location outside the designated tree protection zone which does not adversely impact on the health and integrity of any trees to be retained;

xxii.  a separate signage and line marking plan identifying the road layout, proposed signs, line marking, RRPMs and a sign schedule;

xxiii. the closure of the temporary entry/exit from Cockrell Road including modification to linemarking;

xxiv. the Service road with left out to Bridge Inn Road;

 

xxv.  a Shared Path within the Reserve from Bridge Inn Road to the northern boundary

b)    a landscape works plan to be submitted including:

i.        all details of works consistent with any approved landscape masterplan;

ii.       the removal of all existing disused structures, foundations, pipelines or stockpiles and the eradication of weeds;

iii.      all proposed street-tree planting using semi - advanced trees; with maximum container size of 45 litres or equivalent (larger sizes will incur additional establishment and extended maintenance obligations);

iv.     earth shaping including the supply and spread of sufficient topsoil and sub soil if required on the proposed areas of open space to provide a stable, free draining surface and hydro-seeding of proposed grass areas (including within the drainage reserve if applicable);

v.      mechanisms for the exclusion of vehicles,

vi.     all proposed open space and streetscape embellishments such as installation of pathways, park lighting, garden beds, seating, shelters, picnic facilities, boardwalks, tree planting, signage, drinking fountains, irrigation systems, playgrounds, artwork, retaining walls, protective fencing (temporary and permanent), wetlands and ornamental water bodies (including within the drainage reserve if applicable); and

vii.    hazard reduction pruning of trees to be retained, to the satisfaction of the Responsible Authority.

Where sufficient detail is shown on the endorsed landscape masterplan, to the satisfaction of the Responsible Authority, stage landscape plans may not be required.

c)    a Site Management Plan which must:

i.        address occupational health and safety; traffic management, environmental controls and cultural heritage and/or dry stone wall protection measures to the satisfaction of the Responsible Authority;

ii.       be submitted to the Responsible Authority a minimum of 21 days before a required pre-commencement meeting (attended by authorised representatives of the construction contractor and project superintendent as appointed by the developer) on the site of the works;

iii.      identify any site offices, workspaces, personnel rest and amenity areas, hardstands, material laydown areas, and stockpiles;

iv.      include the proposed route for construction vehicle, equipment and machinery access to the site including a program for the upgrade and maintenance works required along this route while works are in progress;

v.       address the location of parking areas for construction and sub-contractors’ vehicles, equipment and machinery on and surrounding the site, to ensure that they cause minimum disruption to surrounding properties.

vi.      include measures to reduce the impact of noise, dust and other emissions created during the construction process;

vii.     demonstrate all environmental and cultural heritage and/or dry stone wall protection measures identified on a drawing(s) drawn to scale and prepared in accordance with Melbourne Water standards for such drawings;

viii.    provide measures to ensure that no mud, dirt, sand, soil, clay or stones are washed into or allowed to enter the storm water drainage system;

ix.      include means by which foreign material will be restricted from being deposited on public roads by vehicles, equipment and machinery associated with the building and works on the land to the satisfaction of the Responsible Authority;

x.       address any recommendations of any approved Cultural Heritage, Dry Stone Wall and Conservation Management Plans applying to the land;

xi.      identify the location and method of any Tree Protection Zones; and

xii.     ensure that all contractors working on the site must be inducted into an environmental management program for construction works.

All works must be carried out generally in accordance with the measures set out in the Site Management Plan approved by 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.

13.     Tree Protection Zone Fencing

Before any buildings, works or demolition commence on a lot, open space and/or road reservation, each Tree Protection Zone on that lot, open space and/or road reservation must:

a)    be fenced with temporary fencing in accordance with the attached specifications, to the satisfaction of the Responsible Authority; and

b)    include a notice on the fence to the satisfaction of the Responsible Authority advising on the purpose of the Tree Protection Zone, the need to retain and maintain the temporary fencing and that fines will be imposed for removal or damage of the fencing and trees.

The Tree Protection Zone temporary fencing must be maintained until works are completed; including the construction of a dwelling if the land is a lot, to the satisfaction of the Responsible Authority or until such earlier date as is approved by the Responsible Authority in writing.

A copy of the Tree Protection Zone(s) are to be included in any contract for the construction of the estate or for any other works which may impact upon the trees.

14.     Tree Protection Bonding

Prior to commencement of the subdivision hereby permitted, or at such later date as the Responsible Authority may approve in writing, there must be provided to the Responsible Authority a bank guarantee for the amount of $100,000 as security deposit for the satisfactory completion of the requirements in relation to tree preservation and to ensure that trees are not damaged during the construction phase.

Upon completion of the subdivision works to the satisfaction of the responsible authority, the bank guarantee will be returned to the developer.

Where it is determined to the satisfaction of the Responsible Authority that a tree covered by a tree protection envelope has been damaged as a result of buildings and works by the applicant or its contractors, to an extent that it affects detrimentally the life, health and appearance of the tree or its contribution to the streetscape, financial damages will be paid by the applicant with all monies to be used to purchase trees for planting on the land or to prune or otherwise rehabilitating existing trees, all to the satisfaction of the Responsible Authority. The extent of damages must be established through the appointment of an independent suitably qualified person.

15.     Stormwater Drainage

Any stormwater drain, temporary drainage out falls and ancillary works, required as a condition of a Melbourne Water Drainage Scheme, or that are designated to become the responsibility of the Council for maintenance, must be designed and constructed to the satisfaction of the Responsible Authority.

Before the approval of construction plans for roadworks and drainage, the designs for such works and the details of maintenance requirements (asset management and maintenance schedule) must be submitted to and approved by the Responsible Authority. 

CONDITIONS TO BE SATISFIED DURING CONSTRUCTION WORKS

16.     Layout not altered

The subdivision as shown on the endorsed plans must not be altered without the written consent of the Responsible Authority.

17.     Filling of land

All filling on the site must be carried out, supervised, completed and recorded in accordance with AS 3798 (Guidelines on earthworks for commercial and residential developments) to specifications to the satisfaction of the Responsible Authority. The geotechnical authority responsible for supervision and testing under this condition must be independently engaged by the applicant and not be engaged by the contractor carrying out the works.  Before the issue of a Statement of Compliance unless otherwise agreed in writing by the responsible authority, compaction test results and a report shall be provided to the satisfaction of the Responsible Authority. 

CONDITIONS TO BE SATISFIED PRIOR TO ISSUE OF A STATEMENT OF COMPLIANCE

18.     Connection to Telecommunication Services

Before the issue of a Statement of Compliance for any stage of the subdivision under the Subdivision Act 1988, the owner of the land must provide written confirmation from:

a)      a telecommunications network or service provider that all lots are connected to or are ready for connection to telecommunications services in accordance with the provider’s requirements and relevant legislation at the time; and

 

b)      a suitably qualified person that fibre ready telecommunication facilities have been provided in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network will not be provided by optical fibre.

19.     Verification of completion of works for dry stone walls

 

Prior to the issue of Statement of Compliance, the recommendations for the construction and repair of all dry stone walls as detailed in the endorsed Dry Stone Wall Assessment and Management Plan, prepared by Heritage Insight (Wendy Dolling, October 12, 2020) are to be undertaken on site.  Written confirmation from a suitably qualified heritage consultant is to be provided to the Responsible Authority to verify that these works have been completed to the satisfaction of the Responsible Authority prior to the issue of Statement of Compliance.

20.     Development Contributions

Prior to the issue of a Statement of Compliance, development contributions must be paid to the Responsible Authority in accordance with the approved Mernda Local Structure Plan Part 1. The contribution will be subject to the Consumer Price Index (CPI) applicable at the time of payment.

21.     Completion of Open Space Work

Prior to the issue of a Statement of Compliance, the Reserve must be completed with all required embellishments in accordance with the endorsed Landscape Master Plan, to the satisfaction of the Responsible Authority.

22.     Statement of compliance with deferment of engineering works

Prior to the issue of a Statement of Compliance for any stage or by such later date as is approved by the responsible authority in writing, the applicant may seek, to the satisfaction of the Responsible Authority, the issue of the Statement of Compliance but with deferment of completion of specified civil construction works shown on the endorsed construction plans and all or part of landscape construction works shown on the endorsed plans, provided the following requirements have been met:

22.1     Civil Works

a)    all relevant referral authorities have consented to the issue of a Statement of Compliance,

b)    civil construction works have been completed except for the wearing course asphalt works, the landscaping component of the works and any other minor works as agreed with the responsible authority,

c)    an amount equivalent to 150% the agreed estimated cost of outstanding civil construction works will be required by the responsible authority as security deposit,

d)    a works program is provided setting out the proposed timing of all outstanding construction works,

e)    a site safety plan that ensures continuous public safety measures are maintained until completion of the deferred works.

Upon completion of the deferred civil construction works the applicant must notify the responsible authority to enable its inspection.  If the works have been completed to its satisfaction, the Responsible Authority must refund fully the security deposit. 

22.2     Landscape Works

a)      An amount equivalent to 150% of the agreed estimated cost of outstanding streetscape / landscape construction plus an agreed amount for the maintenance works will be required by the Responsible Authority as security deposit.

 

 

b)      A works program is provided setting out the proposed timing of all outstanding landscape construction works.  Works must commence within 12 months of issue of Statement of Compliance for the given stage of the subdivision and must be completed no later than 12 months after occupancy of any new dwelling within the given stage.

Upon completion of the deferred landscaping construction works, the applicant must notify the Responsible Authority to enable its inspection.  Subject to satisfactory completion of the deferred landscaping, a Certificate of Practical Completion for landscaping will be issued, triggering the commencement of the maintenance period.  If the works have been completed to its satisfaction, the responsible authority must refund fully the security deposit.

23.     Fences adjoining reserves

Before Statement of Compliance is issued for any given stage, all fences adjoining all reserves (including walkway extensions of road reserves but otherwise excluding road reserves) are to be erected by the developer (or owner) at no cost to Council.

24.     Foreign Resident Capital Gains Withholding Certificate

Prior to the issue of a Statement of Compliance for any stage of the subdivision, the permit holder must provide a valid Foreign Resident Capital Gains Withholding Certificate and a current copy of Title for the entire land.  The name on the Foreign Resident Capital Gains Withholding Certificate must match the name on Title.

NATIVE VEGETATION REMOVAL CONDITIONS

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

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

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

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

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

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

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

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

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

 

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

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

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

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

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

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

CONDITIONS TO BE SATISFIED FOLLOWING CONSTRUCTION WORKS

40.     Commencement of street tree planting and landscaping works

Before any landscape works associated with the subdivision commence, a landscape works plan to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority The developer must notify the Responsible Authority a minimum of 7 days prior to commencing street tree planting and landscaping so that surveillance of the works can be undertaken.  At this time, the developer must provide written advice to Council from an independent and suitably qualified and experienced arborist confirming that the tree stock to be installed within the stage has been inspected and is healthy, free of root girdling, fit for purpose and meets all standards and benchmarks contained within AS2303:2018 – Tree Stock for Landscape Use.

41.     Completion of landscape works

Within 3 months of the commencement of the landscaping works or by such later date as is approved by the Responsible Authority in writing, the landscape works shown on the endorsed plans must be carried out and completed to the satisfaction of the Responsible Authority.  Upon completion of the landscape construction works, the applicant must notify the Responsible Authority to enable its inspection.  Subject to satisfactory completion of the landscaping in accordance with the endorsed plan, a Certificate of Practical Completion for landscaping will be issued, triggering the commencement of the maintenance period.

42.     Landscape Maintenance

a)    All landscaping (except for grass in nature strips of streets abutting private property) shown on the approved  landscape plans, must be maintained to the satisfaction of the responsible authority for a minimum period of 18 months ending on 31 May of the given year from the date of issue of a Certificate of Practical Completion of landscaping, including that any dead, diseased or damaged plants are to be replaced, bare areas of grass are re-established, mulched surfaces reinstated, damaged or faulty infrastructure repaired or replaced etc.  Rectification works must not be deferred until the completion of the maintenance period.

 

b)    To ensure all assets as identified in the approved landscape plans are retained in a safe and functional state and to prolong functional life of the asset, landscape works shall be maintained in accordance with Council’s Minimum Landscape Maintenance Specification of Services and Works (May 2010).

c)    Upon the completion of maintenance of the street tree planting and landscaping works, the developer must notify the responsible authority to undertake an inspection prior to the issue of the Certificate of Final Completion

43.     As Constructed Engineering Plans

City of Whittlesea requires as constructed data from consultants/developers for newly built assets as per a-spec (specifications to maintain asset registers).

Asset information must be projected to GDA94 in digital format to include D-Spec (drainage data), R-Spec (road data) and O-Spec (open space data) as per “A-Spec” specifications.

43.1 Civil Works

Prior to Council’s consent to Practical Completion, the following must be submitted to the satisfaction of the Responsible Authority:

a)      a complete set of 'as constructed plans' of site works (amended if necessary to show any changes that may have occurred during construction), which include Civil, electrical and telecommunication works, in digital file format AutoCAD (recent version) and PDF.  The digital files must have a naming convention (Subdivision name) to enable identification of Council assets listed and should be projected to GDA94-MGA Zone 55.

b)      a list of asset quantities which include the following Council assets:

i.        total length of Roads, Footpath, Kerb and Channel,

ii.       total number of Bridges, WSUD features, Traffic calming devices,

iii.      total length of pipe and number of pits for Drainage and Telecommunications,

iv.     total number of streetlights, and

v.      Total number of road reserve assets

c)      asset information must include D-Spec (drainage data) and R-Spec (road data)  as per “A-Spec” specifications (the Consultant/Developer Specifications for the delivery of digital data to Local Governments) in ESRI Shape Files (preferred format) or MapInfo with attributions.  All GIS and CAD data submitted must be in Map Grid Australia Zone 55 projection and referenced to Geocentric Datum of Australia (GDA) 1994.

Please refer to website for detailed A-Spec Standards:

http://www.a-specstandards.com.au/

Bonds will not be released until such time the drawings are delivered in the correct format to Council.

43.2 Landscape Works

Prior to Council’s consent to Practical Completion, the following must be submitted to the satisfaction of the Responsible Authority:

a)    Landscape Architectural Drawings in the following format:

i.        One (1x) PDF images of “As-Constructed” plans,

ii.       One (1x) DXF (preferred format) or DWG files (recent version) including attribution, at 1:1 scale, and

iii.      All GIS data submitted must be in Map Grid Australia Zone 55 projection and referenced to Geocentric Datum of Australia (GDA) 1994.  Height must be based on Australia Height Datum (AHD).

b)    “As Constructed detail” of the works as digital data for the Open Space assets information component of the subdivision, in accordance with the current version of O-SPEC.  The preferred format is:

i.     GIS Format (refer to O-SPEC for further information). – ESRI Shape files (preferred format) with attributions.

ii.    All GIS data submitted must be in Map Grid Australia Zone 55 projection and referenced to Geocentric Datum of Australia (GDA) 1994.  Height must be based on Australian Height Datum (AHD).

iii.   Referenced to existing PSM Survey marks where available.

Please refer to the following website for detailed O-Spec Standards:

http://www.a-specstandards.com.au/o-spec

Bonds will not be released until such time the drawings are delivered in the correct format to Council.

44.     Removal of top soil

No top soil is to be removed from land covered by the subdivision without the written consent of the Responsible Authority.

45.     Amenity

The amenity of the area must not be detrimentally affected as part of any development works by the use or development through the:

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

b)    Appearance of any building, works or materials; or

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

46.     Reticulated Services

Reticulated water, drainage, sewerage and electricity reticulation underground must be available to each lot shown on the endorsed plans before any lot can be used for houses.

CONDITIONS TO BE SATISFIED PRIOR TO COMMENCEMENT OF WORKS FOR DWELLINGS

47.     Endorsement of Amended Plans

The construction of the dwellings allowed by this permit must not commence until a Statement of Compliance under the Subdivision Act 1988 is issued creating the respective allotments in the form assumed by this permit to the satisfaction of the responsible authority. 

If the Statement of Compliance results in changes to layout, restrictions or encumbrances on site, then the permit may need to be amended.

48.     Amended Plans

 

 

 

 

Before the commencement of works for the dwellings, 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 Overall Development Plan dated 22-4-21 and prepared by MEMLA in conjunction with plans prepared by Echo Townhomes (Drawing No. 2-13), Issue H, dated 08/04/2021 and those plans prepared by Nostra (Rev C), dated 03.08.2020 and those plans prepared by Dale Grant, Building Design and Documentation, Ref 21055, Rev A, dated April 2021 but modified to show:

a)    The layout consistent with the Plan of Subdivision which has been Certified under the Subdivision Act 1988 for the multi lot subdivision;

b)   Any changes as required through the endorsed Stormwater Strategy and Services Plan;

c)    Finished Floor Level (FFL) for each dwelling, to be informed by an approved road and drainage plan;

d)   Any changes required to accommodate a separation in built form as shown on the endorsed Subdivision Layout Plan and generally described on page 8 of the Further Planning Submission, dated 21 June 2021;

e)    Landscaping as required by the Landscaping Plans endorsed under Condition 50 of this permit;

f)     Removal of Tree#48;

g)   Exact location and measurements of the Tree Protection Zone (TPZ) for Trees#1, #18-19; #31-33 and associated tree protection fencing;

h)   Schedule of external materials, finishes and colours generally in accordance with the plans prepared by Echo Townhomes (Drawing 18), Rev B, dated 24/05/2021;

i)     Implementation of all recommendations of the amended and endorsed Sustainable Management Plan, including the Green Travel Plan prepared by Traffix and included at Appendix C of the SMP;

j)     Location of mailboxes;

k)    Height, materials and colours of all side fences;

l)     Removal of vegetation around the existing dwelling, including the Hawthorn hedge, on the demolition plan;

m)  The temporary propping plan must be defined as Stage 1 of the demolition plan or as otherwise described in the endorsed Heritage Conservation Management Plan required by Condition 4 of this permit;

n)   Implementation of all recommendations of the endorsed Heritage Conservation Management Plan as required by Condition 4 of this permit;

o)   Weatherboards that are to be retained and those to be replaced, as identified by the endorsed Heritage Conservation Management Plan required by Condition 4 of this permit and as noted on the structural engineers report, dated 12 April 2021;

p)   Removal of Reserves 2, 3 and 4 and the easement within the lot of the existing dwelling; and

q)   Siting of a 6m3 externally accessible storage shed to proposed Lot 54 (heritage dwelling).

49.     Amended Sustainable Management Plan

Before the development starts, a Sustainable Management Plan, including a Green Travel Plan, to the satisfaction of the Responsible Authority must be submitted to, and approved by, the Responsible Authority. The amended plans and Sustainability Management Plan must be generally in accordance with eth submitted Sustainability Management Plan prepared by Frater Consulting Services, dated 17/06/2021 but modified to reflect changes as required by the Amended Plans at Condition 10. When approved, the plan will be endorsed and will then form part of this Permit.

The development must be in implemented in accordance with the endorsed Sustainability Management Plan.

50.     Landscaping Plans

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

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

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

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

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

51.     Construction Management Plan – Residential Development

 

Prior to the commencement of works for any dwelling, including demolition and excavation, a Construction Management Plan must be submitted to and endorsed by the Responsible Authority. No works are permitted to occur until the Plan has been endorsed by the Responsible Authority. Once endorsed, the Construction Management Plan will form part of the permit and must be implemented to the satisfaction of the Responsible Authority. The plan must:

 

a)         Be in accordance with the Responsible Authority’s Construction Management Plan template and include a detailed Site Management Plan.

b)        Address occupational health and safety, traffic management, environmental controls and cultural heritage and/or dry stone wall protection measures to the satisfaction of the Responsible Authority.

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

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

e)         Address the location of parking areas for construction and sub-contractors’ vehicles on and surrounding the site, to ensure that vehicles associated with construction activity cause minimum disruption to surrounding properties.

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

g)        Demonstrate all environmental and cultural heritage and/or dry stone wall protection measures identified on a drawing(s) drawn to scale.

h)        Measures to ensure that no mud, dirt, sand, soil, clay or stones are washed into or allowed to enter the storm water drainage system.

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

j)          Address any recommendations of any approved Cultural Heritage, Dry Stone Wall and Conservation Management Plans applying to the land.

k)         Identify the location and method of any Tree Protection Zones inclusive of trees within nature strips adjacent to the site boundaries in accordance with Appendix 2 of Council’s ‘Street Tree Management Plan’.

l)          Ensure that all contractors working on the site must be inducted into an environmental management program for construction works.

 

All works must be carried out generally in accordance with the measures set out in the Construction Management Plan approved by the Responsible Authority. Any changes to the Construction Management Plan must be submitted to and approved by the Responsible Authority prior to implementation unless otherwise agreed to in writing by the Responsible Authority.

 

52.     Engineering Plans

 

Before starting any buildings or works for the dwellings, 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.

CONDITIONS TO BE SATISFIED DURING CONSTRUCTION WORKS OF THE DWELLINGS

 

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

 

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

 

55.     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.

 

56.     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.

 

57.     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.

 

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

 

59.     The permit holder must 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 must be responsible for obtaining prior specific written approval for any works involving the alteration of Council or other Public Authority assets.

 

60.     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.

 

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

 

CONDITIONS TO BE SATISFIED PRIOR TO OCCUPATION OF DWELLINGS

 

62.     Prior to the occupation of each dwelling hereby permitted, all buildings and works and conditions of this permit associated with that particular dwelling must be complied with to the satisfaction of the Responsible Authority, unless with the further prior written consent of the Responsible Authority.

 

63.     Prior to the occupation of each dwelling hereby permitted, the landscaping works as shown on the endorsed plan for that dwelling must be completed to the satisfaction of the Responsible Authority. Thereafter, the landscaping must be maintained by the owner to the satisfaction of the Responsible Authority.

 

64.     Prior to the occupation of each dwelling hereby approved, the car parking areas and access ways for that dwelling 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.

 

65.     Prior to the occupation of each dwelling hereby permitted, all boundary fences required for that particular dwelling must be constructed as necessary to the satisfaction of the Responsible Authority, at the cost of the applicant/owner.

 

66.     Prior to occupation of each dwelling on the subject site, a letter box and house number to the satisfaction of the Responsible Authority must be provided to that dwelling.

 

 

 

67.     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.

 

REFERRAL AUTHORITY CONDITIONS

Department of Transport

68.     As per the Government announced Bridge Inn Road Upgrade Project, the access to the site shall be provided to left-in left-out movements only.

69.     Before the plan of subdivision is submitted to the Responsible Authority for certification under the Subdivision Act 1988, a Functional Layout Plan must be submitted to and approved by the Head, Transport for Victoria. The plans must be generally in accordance with the plans submitted with the development proposal but modified to show:

a) Overlay the access arrangement (service road) onto the Bridge Inn Road plan

70.     Prior to the issue of Statement of Compliance for the subdivision, the following roadworks must have reached a stage of practical completion to the satisfaction of the Head, Transport for Victoria and the Responsible Authority:

a) Construction of the approved access arrangement to the site.

b) Any associated works

CFA

71.     Hydrants Prior to the issue of a Statement of Compliance under the Subdivision Act 1988 the following requirements must be met to the satisfaction of the CFA:

a)         Above or below ground operable hydrants must be provided. The maximum distance between these hydrants and the rear of all building envelopes (or in the absence of building envelopes, the rear of the lots) must be 120 metres and the hydrants must be no more than 200 metres apart. These distances must be measured around lot boundaries.

b)        The hydrants must be identified with marker posts and road reflectors as applicable to the satisfaction of the Country Fire Authority. Note –CFA’s requirements for identification of hydrants are specified in ‘Identification of Street Hydrants for Firefighting Purposes’ available under publications on the CFA web site (www.cfa.vic.gov.au)

Yarra Valley Water

72.     Water

The owner of the subject land must enter into an agreement with Yarra Valley Water for the provision of water services

73.     Sewerage

The owner of the land must enter into an agreement with Yarra Valley Water for the provision of sewerage services.

The Plan of Subdivision is to be Yarra Valley Water prior to certification.

AusNet Electricity Services

74.     The Plan of Subdivision must be submitted for certification and referred to AUSNET ELECTRICITY SERVICES PTY LTD in accordance with Section 8 of the Subdivision Act 1988.

75.     The applicant must –

 

·      Enter in an agreement with AUSNET ELECTRICITY SERVICES PTY LTD for supply of electricity to each lot on the endorsed plan.

·      Enter into an agreement with AUSNET ELECTRICITY SERVICES PTY LTD for the rearrangement of the existing electricity supply system.

·      Enter into an agreement with AUSNET ELECTRICITY SERVICES PTY LTD for rearrangement of the points of supply to any existing installations affected by any private electric power line which would cross a boundary created by the subdivision, or by such means as may be agreed by AUSNET ELECTRICITY SERVICES PTY LTD.

·      Provide easements satisfactory to AUSNET ELECTRICITY SERVICES PTY LTD for the purpose of “Power Line” in the favour of “AUSNET ELECTRICITY SERVICES PTY LTD” pursuant to Section 88 of the Electricity Industry Act 2000, where easements have not been otherwise provided, for all existing AUSNET ELECTRICITY SERVICES PTY LTD electric power lines and for any new power lines required to service the lots on the endorsed plan and/or abutting land.

·      Obtain for the use of AUSNET ELECTRICITY SERVICES PTY LTD any other easement required to service the lots.

·      Adjust the position of any existing AUSNET ELECTRICITY SERVICES PTY LTD easement to accord with the position of the electricity line(s) as determined by survey.

·      Set aside on the plan of subdivision Reserves for the use of AUSNET ELECTRICITY SERVICES PTY LTD for electric substations.

·      Provide survey plans for any electric substations required by AUSNET ELECTRICITY SERVICES PTY LTD and for associated power lines and cables and executes leases for a period of 30 years, at a nominal rental with a right to extend the lease for a further 30 years. AUSNET ELECTRICITY SERVICES PTY LTD requires that such leases are to be noted on the title by way of a caveat or a notification under Section 88 (2) of the Transfer of Land Act prior to the registration of the plan of subdivision.

·      Provide to AUSNET ELECTRICITY SERVICES PTY LTD a copy of the plan of subdivision submitted for certification that shows any amendments that have been required.

·      Agree to provide alternative electricity supply to lot owners and/or each lot until such time as permanent supply is available to the development by AUSNET ELECTRICITY SERVICES PTY LTD. Individual generators must be provided at each supply point. The generator for temporary supply must be installed in such a manner as to comply with the Electricity Safety Act 1998.

·      Ensure that all necessary auditing is completed to the satisfaction of AUSNET ELECTRICITY SERVICES PTY LTD to allow the new network assets to be safely connected to the distribution network.

76.     It is recommended that, at an early date the applicant commences negotiations with AUSNET ELECTRICITY SERVICES PTY LTD for a supply of electricity in order that supply arrangements can be worked out in detail, so prescribed information can be issued without delay (the release to the municipality enabling a Statement of Compliance with the conditions to be issued).

77.     Arrangements for the supply will be subject to obtaining the agreement of other Authorities and any landowners affected by routes of the electric power lines required to supply the lots and for any tree clearing.

 

 

78.     Prospective purchasers of lots on this plan should contact this office to determine the availability of a supply of electricity. Financial contributions may be required.

Melbourne Water

79.     Prior to the issue of a Statement of Compliance, the Owner shall enter into and comply with an agreement with Melbourne Water Corporation for the acceptance of surface and storm water from the subject land directly or indirectly into Melbourne Water’s drainage systems and waterways, the provision of drainage works and other matters in accordance with the statutory powers of Melbourne Water Corporation.

80.     No polluted and / or sediment laden runoff is to be discharged directly or indirectly into Melbourne Water's drains or watercourses.

81.     Prior to Certification, the Plan of Subdivision must be referred to Melbourne Water, in accordance with Section 8 of the Subdivision Act 1988.

82.     Stormwater runoff from the subdivision must achieve State Environment Protection Policy (Waters of Victoria) objectives for environmental management of stormwater as set out in the 'Urban Stormwater Best Practice Environmental Management Guidelines (CSIRO) 1999'. Non-compliance with best practice objectives will require the payment of the stormwater quality component of the drainage contributions.

83.     If treatment measures are implemented, prior to the issue of our consent to Statement of Compliance for the subdivision, documentation supporting the approved ongoing maintenance of the treatment measures by the relevant authority must be submitted.

84.     Prior to the issue of a Statement of Compliance for the subdivision, council approved engineering plans of the subdivision (in electronic format) must be submitted to Melbourne Water for our records. These plans must show road and drainage details and any overland flow paths for the 100 year ARI storm event.

85.     All new lots are to be filled to a minimum of 300mm above the 1 in 100 year flood levels associated with any existing or proposed Melbourne Water pipeline and/or all new lots are to be filled to a minimum of 600mm above the 1 in 100 year flood level associated with any existing or proposed Melbourne Water wetland, retarding basin or waterway.

86.     All new lots must achieve appropriate freeboard in relation to local overland flow paths to Council’s satisfaction.

87.     Stormwater drainage shall be to the Council's satisfaction.

88.     Prior to the issue of a Statement of Compliance for the subdivision, a certified survey plan prepared by or under the supervision of a licensed land surveyor, showing finished lot levels reduced to the Australian Height Datum, may be required to be submitted to Melbourne Water for our records.

89.     Prior to the commencement of works, a Site Management Plan detailing pollution and sediment control measures must be submitted to Melbourne Water.

90.     Alignment of roads and reserves with any adjoining estates must ensure continuity and provide uninterrupted conveyance of overland flows.

91.     The subdivision is to make provision for overland flows from the upstream catchment utilising roads and/or reserves.

92.     Any road or access way intended to act as a stormwater overland flow path must be designed and constructed to comply with the floodway safety criteria outlined within Melbourne Water’s Land Development Manual.

93.     Easements or reserves shall be created over existing and proposed Melbourne Water assets on the Plan of Subdivision to the satisfaction of Melbourne Water.

94.     Any temporary outfall is to be arranged to the satisfaction of Melbourne Water, Council and the affected downstream property owner(s).

95.     The developer is to negotiate with the downstream landowners to obtain a free draining outfall through their property. Approval is to be forwarded to Melbourne Water for our records prior to construction commencing.

96.     Prior to the issue of a Statement of Compliance for the subdivision, a separate application direct to Melbourne Water must be made for any new or modified storm water connection to Melbourne Water's drains or watercourses.

97.     Prior to Certification of any Plan of Subdivision associated with the application, a stormwater management strategy must be submitted and approved by Melbourne Water and Whittlesea City Council. The strategy must demonstrate the following:

·      The proposed alignment for any 1 in 5 year drainage infrastructure and any associated overland flow paths directions for the 1 in 100 year ARI flood event;

·      That the lot layout adequately accommodates the overland flows and the current layout and/or number of lots may need to change.

·      The details of the outfall/s for the development and calculate the appropriate flow volumes and flood levels for the 100-year ARI storm event within the property.

98.         Prior to the issue of Melbourne Water's Consent to Statement of Compliance:

i.        Engineering plans (Road and Drainage) of the development (in electronic format) must be submitted to Melbourne Water for our records. These plans must show road and drainage details for the 20% AEP flows and any overland flow paths for the 1% AEP storm event. A Certified Survey Plan may be required following our comments on the engineering drawings.

ii.       A Certified Survey Plan is to be submitted for approval after the completion of filling, verifying that the specified fill levels have been achieved. The CSP must clearly show finished lot levels and applicable 1% AEP flood levels,

iii.      Evidence confirming that the development has a free draining outfall must be submitted and accepted by Melbourne Water and Council. Written acceptance from downstream landowners and Council is to be forwarded to Melbourne Water for our records,

iv.     The section of works adjacent/downstream to this stage must be sufficiently progressed to Melbourne Water and Council's satisfaction,

v.      A council approved Site Management Plan detailing pollution and sediment control measures must be submitted to Melbourne Water,

vi.     Flood mapping of the major overland flow paths may also be required of 1% AEP flood levels. Where required, these plans are to be submitted in one of the following electronic formats.

a)      .tab (MapInfo);

b)      .mif/mid (MapInfo Interchange);

c)      .dxf (AutoCad); or .gml (OS Mastermap)

99.     Time Limit

This permit will expire if:

a)      The plan of subdivision for the first stage is not certified within 2 years of the date of this permit.

 

b)      The plan of subdivision for any subsequent stage of the subdivision is not certified within 2 years of the date of the certification of the previous stage of the subdivision.

c)      The registration of any stage of the subdivision is not completed within 5 years of the date of certification of the plans of subdivision.

d)      The approved development of the dwellings does not start within four years of the date of this permit;

e)      The approved development of the dwellings is not completed within six years of the date of this permit.

f)       The permit for tree removal expires if it is not commenced and completed within two years after the issue of the permit. 

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

Notes:

Public Lighting Note

Before the preparation of construction plans for street lighting can be completed Council approval to the type and colour of poles and lanterns will be required.

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.

Department of Transport

The developer must liaise with Major Road Projects Victoria to coordinate the proposed road works under this permit with the current Bridge Inn Road Upgrade Project.

The proposed development requires some road works within an arterial road reserve. Separate approval under the Road Management Act 2004 for this activity may be required from the Head, Transport for Victoria. Please contact the Department of Transport prior to commencing any works.

CFA

CFA does not consent to the Certification of the Plan of Subdivision and Statement of Compliance for Subdivision at this stage.

Cultural Heritage Management Plan Note

A Cultural Heritage Management Plan (Reference No. 17195) has been approved by the relevant approval authority.  The development of the land must be carried out in accordance with any recommendations or requirements of the approved Cultural Heritage Management Plan.

 

 


Scheduled Council Meeting Agenda                                                        Monday 6 September 2021

 

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Scheduled Council Meeting Agenda                                                                              Monday 6 September 2021

 

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Scheduled Council Meeting Agenda                                                                              Monday 6 September 2021

 


 


 


 


Scheduled Council Meeting Agenda                                                                              Monday 6 September 2021

 


Scheduled Council Meeting Agenda                                                        Monday 6 September 2021

 

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Scheduled Council Meeting Agenda                                                                              Monday 6 September 2021

 


Scheduled Council Meeting Agenda                                                                              Monday 6 September 2021

 


Scheduled Council Meeting Agenda                                                                              Monday 6 September 2021

 

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Scheduled Council Meeting Agenda                                                                              Monday 6 September 2021

 


 


 


 


 


 


 


 


 


 


 


Scheduled Council Meeting Agenda                                           Monday 6 September 2021

 

ITEM 6.2.2 For Decision: Tender Evaluation Contract 2021-31 Whittlesea Public Gardens Stage 1  

Attachments:                        1        Attachment 1 - 2021-31 Confidential Tender Evaluation - Confidential

This attachment has been designated as confidential by the Director Infrastructure & Environment, under delegation from the Chief Executive Officer, in accordance with Rule 53 of the Governance Rules 2021 and sections 66(5) and 3(1) of the Local Government Act 2020 on the grounds that it contains private commercial information, being information provided by a business, commercial or financial undertaking that—  (i) relates to trade secrets; or (ii) if released, would unreasonably expose the business, commercial or financial undertaking to disadvantage. In particular the attachment contains information regarding private commercial pricing and capability that if released could expose business to disadvantage.    

Responsible Officer:           Director Infrastructure & Environment

Author:                                  Senior Parks Project Manager   

 

RECOMMENDATION SUMMARY

Following evaluation of all the tender submission, the panel recommends awarding the contract to two different contractors.

It is recommended that contract number 2021-31 for Whittlesea Public Gardens Stage 1 – Part One (Main Landscape Works) and Part Two (Play Tower Design and Construct):

·    is awarded to Glascott Landscape and Civil Pty Ltd

·    for the lump sum price of $2,858,000.00 (excl. GST)

It is recommended that contract number 2021-31 for Whittlesea Public Gardens Stage 1 – Part Three (Amenity Building Design and Construct):

·    is awarded to GR Design and Construct Pty Ltd

·    for the lump sum price of $316,828.44 (excl. GST)

Brief overview

The tender evaluation panel advises that:

·    Nine (9) tenders were received

the recommended tender for Part One – Main Landscape Works was the highest ranked and is considered best valuethe recommended tender for Part Two – Play Tower Design and Construction is the alternate option provided by the highest ranked tenderer and is considered best value. the recommended tender for Part Three – Amenity Building Design and Construct was the highest ranked and is considered best value

rationale for recommendation

The recommendation of a split contract award ensures that the separate components of the Whittlesea Public Gardens Stage 1 works will be delivered by contractors possessing the necessary skills, qualifications and experience in the scope of works required to deliver a high-quality outcome for Council and the Community.

 

impacts of recommendation

A potential impact of the split award recommendation is the management of the site interface between the two contractors during the construction works.  This impact is deemed manageable and outweighs the risk as the benefit of having specialist contractors engaged for each component will produce a better-quality outcome for the community.  Previous experience from similar split contracts will be used to manage the two contractors for this project.

what measures will be put in place to manage impacts

The structure of the contract, tender specification and documentation ensures that as part of the award process there is a ‘head contractor’ appointed for the works (successful contractor for Part One – Main Landscape works).  Council’s expectations of the head contractor would be to ensure that all parts of the works are coordinated and clearly communicated to all parties.  Regular site meetings (organised and chaired by Council’s contract manager) will be undertaken for both contracts to ensure works are undertaken in accordance with the contract requirements. 

 

 

Report

Background

The purpose of this contract is to construct Stage 1 of the masterplan including a regional level play space, learn to ride circuit and public toilet amenity building (including Changing Places Toilet facility).

Tenders for the contract closed on 29th June 2021.  The tendered prices and a summary of the evaluation are detailed in the confidential attachment.

In order to achieve best value for Council, the tender schedules associated with the Whittlesea Public Gardens Works – Stage1 was divided into separate parts, based on the specific skills and experience of each component.  The parts are as below;

·    Part One – Main Landscape Works (including service connections) 

·    Part Two – Custom Play tower Design and Construct

·    Part Three – Amenity Building Design and Construct

Consultation

To inform the development of the master plan, community consultation was undertaken which included asking community and key stakeholders how they currently use Whittlesea Public Gardens and what could be improved.  A key stakeholder workshop with community groups and other not-for-profit organisations was conducted at the Lalor Library and pop-up sessions were held at the Whittlesea Community Festival held at Whittlesea Public Gardens.  Community and key stakeholder feedback and comments were used to provide direction on the final master plan presented to Council.

A targeted community meeting was held in April 2018 at the Barry Road Community Activity Centre to discuss the Downs Road road reserve ideas and concepts with residents who either live near or adjacent to the Downs Road road reserve.  The invitation was issued to 150 properties and a total of 20 people attended.  The scope of the engagement was to provide the Downs Road road reserve community with information on the Whittlesea Public Gardens master plan project while also seeking comment and feedback on proposed concepts.

EVALUATION

No member of the Tender Evaluation Panel declared any conflict of interest in relation to this tender evaluation.

A Tender Probity and Evaluation Plan was designed specifically for this tender process and it was authorised prior to this tender being advertised.  All tenders received were evaluated in accordance with that plan.  The evaluation involved scoring of conforming and competitive tenders according to these pre-determined criteria and weightings:

Criteria

Part One – Main Landscape Weighting

Part Two – Play Tower Weighting

Part Three – Amenity Building Weighting

Price

50%

30%

45%

Capability

20%

30%

30%

Capacity

20%

15%

15%

Impact

10%

25%

10%

The weightings reflect the relative importance of each element to this particular contract.  They were determined as being most appropriate after considering numerous factors including (but not restricted to) the time, quality, risk and contract management requirements which were likely to have the most impact on the achievement of best value.

Only tenders that were conforming and competitive were fully scored.  Tender submissions that were evaluated as non-conforming or not sufficiently competitive were set aside from further evaluation.  In cases where this occurred the reasons for that outcome are detailed in the confidential attachment.

The evaluation outcome was as follows:

Part One – Main Landscape Works

TENDERER

CONFORMING

COMPETITIVE

SCORE

RANK

Tenderer A
Glascott Landscape and Civil Pty Ltd

Yes

Yes

83

1

Tenderer B

Yes

Yes

70.2

3

Tenderer C

Yes

Yes

81.4

2

Tenderer D

No

No

NA

NA

Tenderer E

No

No

NA

NA

Tenderer F

No

No

NA

NA

Tenderer G

No

No

NA

NA

Tenderer H

No

No

NA

NA

Part Two – Play Tower

TENDERER

CONFORMING

COMPETITIVE

SCORE

RANK

Tenderer A – Alternate option
Glascott Landscape and Civil

Yes

Yes

69

2

Tenderer A

Yes

Yes

75.2

1

Tenderer B

Yes

Yes

37.9

7

Tenderer B Alternative option

Yes

Yes

39.2

8

Tenderer C

Yes

Yes

55.4

5

Tenderer E

Yes

Yes

63.4

4

Tenderer E Alternate option

Yes

Yes

64.0

3

Tenderer F

Yes

Yes

54.0

6

Tenderer G

No

No

NA

NA

Tenderer H

No

No

NA

NA

Part Three – Amenity Building

TENDERER

CONFORMING

COMPETITIVE

SCORE

RANK

Tenderer D
GR Design and Construct Pty Ltd

Yes

Yes

72.0

1

Tenderer A

Yes

Yes

57.3

3

Tenderer B

Yes

Yes

50.6

4

Tenderer C

Yes

Yes

65.0

2

Tenderer E

No

No

NA

NA

Tenderer F

No

No

NA

NA

Tenderer G

No

No

NA

NA

Tenderer H

No

No

NA

NA

Refer to the confidential attachment for further details of the evaluation of all tenders.

The highest ranked option for Part One and Part Three has been recommended and is considered best value.

The highest ranked option for Part Two Component (Play Tower Design and Construction) was not recommended for award for the of this contract. 

The recommended option for Part Two is the alternate design proposed by the highest ranked tenderer.  The alternate Part Two option facilitates a greater range of play experiences for all ages and more opportunities for intergenerational and inclusive play and is deemed to be more appropriate for construction in a major community park.

FINANCIAL IMPLICATIONS

Sufficient funding for this contract is available in the budget for Whittlesea Public Gardens in addition to external grant funding provided by the State Government’s Growing Suburbs Fund.

link to strategic risks

Strategic Risk Life Cycle Asset Management - Failure to effectively plan for the construction, on-going maintenance and renewal of Council’s assets

The existing infrastructure at Whittlesea Public Gardens has reached the end of its usable life and is due for complete asset renewal.  Despite the size of the reserve, the existing infrastructure is not meeting the needs of the community, has restricted community engagement potential and the existing layout and facilities have a high level of undesirable activity. The implementation of the Whittlesea Pubic Gardens masterplan and complete infrastructure renewal will not only provide the community with a gathering space but will also increase activation and engagement with public open space in the area.

Strategic Risk Service Delivery - Inability to plan for and provide critical community services and infrastructure impacting on community wellbeing

Free and equitable access to well-maintained and safe public spaces is a recognised social indicator for healthy communities. Capital upgrade to recreation facilities and natural landscapes, in line with recommended actions from Council’s adopted Open Space Strategy 2016 is required to achieve high quality public spaces which are well connected, accessible, inclusive and designed to meet the cultural, passive and active recreational of the growing community.

Links to WHITTLESEA 2040 AND the CoUNCIL Plan

Goal                              Liveable neighbourhoods

Key Direction              Well-designed neighbourhoods and vibrant town centres

Commencement of the masterplan implementation at Whittlesea Public Gardens with the Stage 1 works will begin the reactivation of one of the City of Whittlesea’s four Major Community Parks.   Responding to the extensive consultation, Whittlesea Public Gardens will be developed and activated to create a gathering space for the community and will create a vibrant pocket of public open space in the Lalor catchment area.  The Stage 1 contract works include the construction of a learn to ride area, play space including custom play tower, public toilet amenity building (including Changing Places Toilet facility), picnic shelters and barbeque facilities.

Declarations of Conflicts of Interest

Under Section 130 of the Local Government Act 2020 and Rule 47 of the Governance Rules 2021, officers providing advice to Council are required to disclose any conflict of interest they have in a matter and explain the nature of the conflict.

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

CONCLUSION

The tender from Glascott Landscape and Civil Pty Ltd (Part One and Part Two) and GR Design and Construct Pty Ltd (Part Three) was determined to be best value and it is considered that this company can perform the contract to the required standards. 

Recommendation

THAT Council resolve to:

1.         Accept the tender submitted by Glascott Landscape and Civil Pty Ltd for the sum of $2,858,000.00 (excluding GST) for the following contract:

Number:    2021-31A

Title:          Whittlesea Public Gardens – Stage 1 – Part One and Part Two

 

AND

 

Accept the tender submitted by GR Design and Construct Pty Ltd for the sum of $316,828.44 (excluding GST) for the following contract:

Number:    2021-31B

Title:          Whittlesea Public Gardens – Stage 1 – Part Three

 

subject to the following conditions:

a)    Tenderers to provide proof of currency of insurance cover as required in the tender documents.

b)    Price variations to be in accordance with the provisions as set out in the tender documents.

c)    Tenderers to provide contract security as required in the tender documents.

2.         Approve the funding arrangements detailed in the confidential attachment.

 


Scheduled Council Meeting Agenda                                           Monday 6 September 2021

 

ITEM 6.2.3 For Decision - Patterson Drive Community Centre amendments

Responsible Officer:           Director Community Wellbeing 

Also in attendance:              Community Infrastructure Project Coordinator 

Attachments:                        1        Library Catchments

2        Patterson Drive Community Centre Options Table     

 

RECOMMENDATION SUMMARY

That Council resolves to:

1.       Support the business case for Patterson Drive Community Centre Option 3 as endorsed at the 1st June 2021 meeting of Council.

2.       Note the information on the feasibility and costs associated with providing other services at the site such as an expanded library, Council Customer Service and community health (Options 4, 5 and 6).

rationale for recommendation

The business case for Patterson Drive Community Centre, Donnybrook was presented to Council on 1st June 2021.  At this meeting, Council resolved to:

·    Endorse Option 3 including an expanded Maternal and Child Health (MCH) service model and multi-purpose activity rooms above the standard community centre scope.  (The facility is to be delivered in 2025).

·    Explore opportunities for a further enhanced facility scope including a dedicated customer service, library services and capacity for community health services.

These investigations determined that Option 3 has the flexibility to accommodate future customer service functions. Library and community health services can be provided through other facilities, as follows:

·    Library: A full-collection branch library is proposed at Koukoura Drive, Donnybrook (2km to the east) and Lockerbie East Library (5km to North West) in the City of Hume. Attachment 1 provides the locations of proposed libraries within the area. Option 3 will provide space for the Yarra Plenty mobile library to pull up next to the facility and provide some programming opportunities through the mobile library and multi-purpose space.

·    Community health: Some community health services can be situated in the Maternal Child Health suites at the Patterson Drive Community Centre in the short term.  Discussions with the estate developer (Mirvac) have confirmed their intention to deliver floor space through commercial development to accommodate health services in the longer term.

The recommendation is for Council to proceed with Option 3, as this option will still provide customer service provision and space for community programs, and ensures Council can deliver on the planned scope of future community facilities in this area.


 

impacts of recommendation

Option 3 will ensure the growth community of Donnybrook has access to key services and adequate community infrastructure. This option also ensures Council can deliver on the planned scope of future community facilities in this area.

what measures will be put in place to manage impacts

The recommended project scope reflects the minimal perceived risk to Council and greatest benefit to be received by the community.

Programming and design will ensure that customer service and library services and programs can operate from the site.

Background

June 2021 Council report

On 1st June 2021 the Patterson Drive Community Centre Business Case was presented to Council. Council resolved the following recommendations:

That Council resolve to:

1.   Support the Patterson Drive Community Centre Option 3 Business Case, which includes an additional project cost of $1,780,581.

2.   Note the additional cost for the Patterson Drive Community Centre Option 3 may be funded though Council’s New Works program or external grants such as the Growing Suburbs Fund (or a combination of these funding sources).

3.   Note the Patterson Drive Community Centre Option 3 Business Case will reduce the demand for Maternal Child Health suites at surrounding community centres and that Council’s long-term infrastructure planning will identify this in future planning and provision.

4.   Note:

a)    Future feasibility and design will explore opportunities and costs associated with providing other services at the site, such as an expanded library, Council Customer Service and community health.

b)    Council will receive a project update (including any revisions to project scope as part of the mid-year budget review in December 2021).

Donnybrook community centres

Due to out of sequence and disjointed development fronts, the Patterson Drive Community Centre is likely to be a key community facility servicing the Donnybrook area over the next 10- 15 years. Other facilities include the Olivine Place Neighbourhood Activity Centre and the Edgars Creek/ Ganbu Gulinj community centre. Figure 1 below provides the locations of proposed community centres within Donnybrook.

 

 

Figure 1: Donnybrook - proposed community and neighbourhood centres.

Proposal

In response to resolution 4, opportunities and costs associated with an expanded library, Council Customer Service and community health presence at the facility have been investigated.  Table 1 includes a summary of additional options (4 to 6) to accommodate these functions, as well as the original (June 2021 endorsed) Option 3. Attachment 2 includes a summary of all six options.

 

Options

Description

 

Option 3 – no change

Description: This option was endorsed by Council on 1st June 2021 and includes an expanded MCH service model based on the hub and spoke approach. This option includes: 4 consult suites accommodating MCH and other services, separate program/waiting rooms, 3-room kindergarten and community spaces; 3 multi-purpose activity rooms. This option will allow delivery of a social support program, youth, training, arts and co-working spaces.

 

Benefits: Delivers kindergarten and expanded MCH services to the area. Consult suites and multi-purpose spaces can be available for services and community bookings. Also provides increased service provision for youth, training rooms, social support program and co-working. By using a flexible design it can include customer service functions and the mobile library. Council is also exploring options with the library service to accommodate a library 'spoke' model and the current proposed foyer area could accommodate  types of uses which include a self service kiosk, top 500 books /display for loan, book collection/ drop off service etc. The multi-purpose rooms provide programming opportunities for library and other community services.

 

Weaknesses: The revised scope endorsed in June 2021 increased the total project cost to $11,465,624 (inclusive of project management fees). This is higher than the original scope and budget listed in the ICP – refer Table 2.

Additional m2

Additional m2 cost

(from June’21 endorsed option)

Capital Cost

N/A

N/A

$11,465,624

 

Option 4

Option 3 + dedicated customer service capacity

 

Description: Option 3 plus customer service space.  The ‘Customer First’ project is currently identifying the type of space customer service will require in the future. Additional space may future proof the facility for customer service provision and provide the required community lounge/wait/ hang out space, staff area and additional storage requirements for community groups.

 

Benefits: Delivers Option 3 plus dedicated customer service capacity, additional storage to community spaces and supports a model on which a place-based approach can be achieved.

 

Weaknesses: Additional capital cost ($405,951) above Option 3 to supplement customer service space, waiting area and additional storage areas for community groups. These additional costs will likely impact on investment and scope of other community facilities within the corridor, including the Koukoura Drive facility (which is planned as the major facility within this corridor and part of a commercial precinct). Additional operational costs associated with this option are yet to be identified.

 

Total additional m2 required (customer service, additional waiting area and community storage)

Additional m2 cost

(from June’21 endorsed option)

Capital Cost

91m2

$405,951

$11,871,575

 

 

 

 

Option 5

-

Option 4 + expanded 'spoke' library

 

 

Description: Option 4 plus spoke library service provision. It could include delivery of an expanded community lounge space to accommodate a Maker space, programs and study areas.

 

·      Current library corridor planning does not include a branch library in this location. Using a hub and spoke model for library service delivery, it has been confirmed that altering corridor provision will undermine broader precinct planning which places a full-collection branch library at Koukoura Drive, Donnybrook (2km to the east).

·      A hub and spoke library concept has been considered for the Donnybrook Precinct with Patterson Drive being a spoke location, containing a small collection, kiosk and study/maker space area. 

·      Hume City Council, Stockland and Latrobe University recently announced a partnership which will enhance TAFE and education opportunities in the nearby Lockerbie Major Activity Centre (5km to the north-west). This is to be co-located with a full-collection branch library.

·      This Lockerbie East Library is expected to be delivered by 2027. Combined with the proposed ‘spoke’ library model, Donnybrook residents will be adequately serviced until the Koukoura Drive facility is delivered (Attachment 1 - Library Catchment map).

 

Benefits: Delivers Option 4 plus spoke library service provision. Advantages of such a model include opportunities to enhance the quantity and quality of library services at the centre.

Weaknesses: Additional capital cost ($356,880) above Option 4 to expand library services. These additional costs will likely impact on investment and scope of other community facilities within the corridor, including the Koukoura Drive facility (which is planned as the major facility within this corridor and part of a commercial precinct). In addition, may potentially require additional governance of the site, to ensure services are responsive to community need. Additional operational costs associated with this option are yet to be identified.

 

Total additional m2 required (library)

Additional m2 cost

(from June’21 endorsed option)

Capital Cost

80m2

$356,880

$12,228,455

 

Option 6

-

Option 5 + Community Health Services floor space

 

 

Description: Option 5 plus the delivery of an expanded community health space with the equivalent of five consult suites with associated staff and circulation space.

The Patterson Drive Community Centre is located adjacent to the north-eastern end of Olivine Town Centre. Discussions with the developer (Mirvac) has confirmed their intention to deliver floor space through commercial development to accommodate:

·      private medical/GP Super Clinic – bulk billed

·      pharmacy/pill dispensary

·      allied health; dentist, physiotherapy, optometry, pathology, gym/sports, wellness centre and a naturopath (dependent on make-up of demand).

The Children and Families Department has confirmed the four MCH consult suites in the approved business case can in the short term also be utilised in partnership with external service providers. However, as the local population increases, it is acknowledged that MCH requirements will result in reduced availability of the consult suites for external providers. To future proof for community health needs (beyond any allied health provided in later stages of the town centre) Option 6 would include 200m2 comprising the equivalent of five additional consult suites with associated back of house staff areas and circulation space.

Benefits: Delivers Option 5 plus creates greater opportunity for access to community and other allied health services. Donnybrook is an isolated part of the municipality with access to essential services already heavily restricted, which is expected to be the case for some time to come. Access to and from the area is limited with East-West movement along Donnybrook road constrained and the delivery of Gunn’s Gully Road sometime away. Commercial office floor space won’t be locally available until after the first stage of the local town centre is complete.  

Weaknesses: Additional capital cost ($713,760) above Option 5 to expand community health space.  This may potentially require additional governance of the site, to ensure services are responsive to community need. These additional costs will likely impact on investment and scope of other community facilities within the corridor, including the Koukoura Drive facility which is planned as the major facility within this corridor and part of a commercial precinct. Additional operational costs associated with this option are yet to be identified.

 

Total additional m2 required (community health)

Additional m2 cost

(from June’21 endorsed option)

Capital Cost

200m2

$713,760

$12,942,215

Table 1. Options Analysis

Financial Implications

Operational costs associated with Option 3 were detailed in the June 2021 Council report.

The budgeted allocation (ICP provision) for this facility was $6,775,043. The ICP provision for all facilities, does not fund 100% of the cost, rather it is capped at 67% of the expected facility cost. The revised scope endorsed in June 2021 increased the total project cost to $11,465,624 (inclusive of project management fees).

There are grants available for Council such as the Building Blocks (BB) Program for early years estimated at $2.75 million (non- competitive); and Growing Suburbs Fund (GSF) (competitive). Applications for these external funding sources will be made once a preferred option has been endorsed. 

Service provision at the site beyond the scope of Option 3 will require additional financial contribution as summarised in Table 2.

 

Option

 

Total Project cost

(From Table 1)

 

 

ICP provision

 

 

Council contribution

(No external grants)

 

Potential External Grants

 

Council contribution

(External grants successful)

Option 3 – approved

(internal floor space 1791m2)

**$11,465,624

$6,775,043

$4,690,581

$2,750,000 BB

$2,000,000 GSF

$59,419

Option 4:

Option 3 + dedicated customer service capacity

(internal floor space 1882m2)

$11,871,575

$6,775,043

$5,096,532

$2,750,000 BB

$2,000,000 GSF

$465,370

Option 5:

Option 4 + expanded 'spoke' library

(internal floor space 1962m2)

$12,228,455

$6,775,043

$5,453,412

$2,750,000 BB

$2,000,000 GSF

$822,250

Option 6: 

Option 5 + Community Health Services floor space

(internal floor space 2162m2)

$12,942,215

$6,775,043

$6,167,172

$2,750,000 BB

$2,000,000 GSF

$1,536,010

 

 

Table 2 Options financial summary

*The m2 rate that was used to calculate the costs of the options for Patterson Drive Community Centre was $4,460. This was derived using current rates confirmed by Rodney Vapp Quantity Surveyors and include preliminaries. The following exclusions apply - GST and associated costs, escalation, additional costs in overcoming adverse soil condition such as rock excavation, soft spots, removal and replacement of contaminated soil, asbestos removal, etc (rate for rock excavation around $380/m3), ESD items beyond allowance, service upgrades beyond site, enhanced landscaping, site demolitions and clearance if required, boundary fencing beyond facility.

** Includes $160,000 project management fees which was not noted in 1st June 2021 Council report.

Consultation

Council officers have worked collaboratively to ensure relevant service areas have been consulted, inclusive of Children and Families, Ageing Well, Active and Creative Participation, Equity and Inclusion, Parks and Urban Design, Strategic Projects, Major Projects, Pandemic Recovery and the Project Control Group.

Additional consultation with external stakeholders such as Department of Education, Yarra Plenty Regional Library Corporation, DPV and Mirvac have contributed to the options developed in this report.

Critical Dates

The project timeframe is from July 2020 to December 2025.

To ensure this facility can open for the beginning of 2025, the functional brief which informs the design of the facility must be completed no later than September 2021.

The project proposes a completion date by the end of 2024, with the facility operational at the start of 2025. The 2025 operational start date will address kindergarten requirements and MCH needs for Donnybrook residents.

Policy strategy and legislation

This project directly links to:

·    Whittlesea 2040: A place for all

·    City of Whittlesea’s Early Years Policy 2017

·    Education and Care Services National Law and the Education and Care Services National Regulations 2011

·    The Victorian Government policy related to community infrastructure and the co-location of facilities and integrated services, community hubs and encouraging shared use

·    The Growth Area Social Planning Tool.

link to strategic risks

Strategic Risk Service Delivery - Inability to plan for and provide critical community services and infrastructure impacting on community wellbeing

Due to the restricted access along Donnybrook road, sluggish retail tenancy market and the ongoing impacts of COVID, it is in Council’s interest to support community infrastructure which will provide essential services to this isolated growth community.

Links to whittlesea 2040 and the CoUNCIL Plan

Goal                                       Liveable neighbourhoods

Key Direction                        Well-designed neighbourhoods and vibrant town centres

 

Our community’s access to services and facilities is an adopted measure by which Council assesses its achievement of delivering well-designed neighbourhoods and vibrant town centres.

Through the delivery of the Patterson Drive Community Centre, Council will be able to facilitate a socially cohesive community, that is connected and able to access services that will enable opportunities for all. 

Declarations of Conflicts of Interest

Under Section 130 of the Local Government Act 2020 and Rule 47 of the Governance Rules 2021, officers providing advice to Council are required to disclose any conflict of interest they have in a matter and explain the nature of the conflict.

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

Conclusion

This report is in response to resolutions 4 and 5 from the Patterson Drive Community Centre, June 2021 Council meeting to:

4.   Note future feasibility and design will explore opportunities and costs associated with providing other services at the site, such as an expanded library, Council Customer Service and community health.

5.   Note Council will receive a project update (including any revisions to project scope as part of the mid-year budget review in December 2021).

Additional options have been developed (Options 4, 5 and 6). These options address resolution 4. All Options investigated will ensure the growth community of Donnybrook has access to essential services and adequate community infrastructure. Option 3 already contains adequate adaptability to allow customer service and library programming. Given this and the impact it could have on the investment and scope of other community facilities within the corridor, is not recommended that the Patterson Drive Community Centre’s scope is enhanced beyond Option 3.

 

Recommendation

THAT Council resolves to:

1.   Support the business case for Patterson Drive Community Centre Option 3 as endorsed at the 1st June 2021 meeting of Council.

2.   Note the findings described in this report including information on the feasibility and costs associated with providing other services at the site such as an expanded library, Council Customer Service and community health (Options 4, 5 and 6).

 

 


Scheduled Council Meeting Agenda                                                        Monday 6 September 2021

 

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Scheduled Council Meeting Agenda                                                        Monday 6 September 2021

 

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Scheduled Council Meeting Agenda                                           Monday 6 September 2021

 

ITEM 6.2.4 For Decision - Planning Application 719795 - Construction of Three Dwellings at 71 Thomas Street, South Morang 

Attachments:                        1        Locality Maps

2        Architectural Plans   

Responsible Officer:           Director Planning & Development

Author:                                  Planning Officer   

 

APPLICANT:                        Michael Alexandrou & Associates

COUNCIL POLICY:              16.01-1L Housing Supply in Established Areas

ZONING:                               General Residential Zone (Schedule 5)

OVERLAY:                            Development Contributions Plan Overlay (Schedule 3)

REFERRAL:                          None

OBJECTIONS:                      Five objections including one anonymous objection

RECOMMENDATION SUMMARY

That Council resolve to refuse Planning Application 719795 and issue a Notice of Refusal for the construction of three dwellings at 71 Thomas Street, South Morang as the development is inappropriate for this site.

Brief overview

This proposal seeks approval for the construction of three double storey dwellings at 71 Thomas Street, South Morang.

The proposal is for a mix of two and three bedrooms dwellings.

Notification of the proposal was undertaken and five objections (including one anonymous objection) were received. 

The proposal does not adequately respond to the context of the site and the relevant local housing policy.

rationale for recommendation

The proposal has not demonstrated a satisfactory response to the requirements of the General Residential Zone (Schedule 5) and does not achieve an acceptable level of compliance with Clause 55 (ResCode) of the Whittlesea Planning Scheme. 

impacts of recommendation

 The refusal of the application will ensure the existing and preferred neighbourhood character of the immediate area is protected from an unacceptable medium density proposal whilst also ensuring that future residents would be subject to inappropriate levels of amenity.

what measures will be put in place to manage impacts

In light of the proposed recommendation for refusal, Council will be ensuring that development is appropriate and responsive to the existing and preferred neighbourhood character.

All parties to the application will retain review rights through the Victorian Civil and Administrative Tribunal (VCAT).  Council will need to defend any decision made should the matter proceed to VCAT.

 

 

 

Report

SITE AND SURROUNDING AREA

The subject site is a residential property located on the west side of Thomas Street, South Morang.  The site is situated adjacent to the north-west corner of Thomas Street and Doreen Rogen Way, 400m west of Plenty Road and 150m south of Gorge Road (see Attachment 1). The site is relatively flat and has a 15.72m frontage to Thomas Street, an approximate depth of 47m and a total site area of 733m². 

The site currently contains a single storey brick dwelling, with a pitched tiled roof, and a double carport.  Vehicle access to the dwelling is obtained from a crossover and accessway along the northern side boundary.  A timber front fence encloses the site and low level landscaping located within the front setback, consisting of lawn and low shrubs.  

The surrounding area is characterised by similar lots to that of the subject site, with large single storey or split-level dwellings, of varying finishes and styles. Detached outbuildings are often present along rear boundaries.  Front fences, if present, are consistently low in overall height, however, vary in transparency and construction materials. 

Directly to the north of the site is a newly constructed large single storey brick dwelling with pitched roof. Directly to the east of the site are established single dwelling developments fronting Doreen Rogen Way.  Directly to the south of the site are single dwellings fronting Thomas Street and Turner Court.  Finally, directly to the west of the site is a single dwelling fronting Briar Court.  

Examples of medium density development are found within close vicinity of Gorge Road and Plenty Road.

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

·    Riverside Reserve (140m east);

·    Bus Route No 901– Melbourne Airport - Frankston (250m north);

·    Bus Route No. 382 – Whittlesea – Northland SC via South Morang Station (600m north-west);

·    South Morang Preschool (400m west);

·    South Morang Primary School (450m north-east);

·    Plenty Valley Shopping Centre (1.5km west)

·    Middle Gorge Train Station (1.6km north)

restrictions and easements

The site is formally described as Lot 9 on Plan of Subdivision 043247.  The site is not encumbered by any restrictive covenants or Section 173 Agreements. A 1.83m wide drainage and sewerage easement runs along the southern rear boundary of the site.

Proposal

The application seeks approval for the construction of three dwellings (see Attachment 2)The existing dwelling and associated structures will be demolished. 

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

Two-storey

Two

8m front (west)

3.5 m side (south)

0 m side (north)

40m2

Single garage

7.2m

Dwelling No. 2

Two-storey

Two

3.5 m side (south)

0 m side (north)

40m2

Single garage

6.9m

Dwelling No. 3

Two-storey

Three

3.5 m side (south)

1 m side (north)

5 m rear (east)

60m2

Single garage plus one tandem car space to the rear of the garage

6.9m

Public Notification

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

·        The proposal is an overdevelopment of the site;

·        The proposal does not respect the prevailing character of Thomas Street;

·        The proposed double storey-built form would result in overshadowing;

·        The proposal provides insufficient and inappropriate on-site car parking and the proposal will cause congestion of local streets;

·        The proposal will result in overlooking and loss of privacy to adjoining dwellings;

·        The development will adversely affect the property value of surrounding properties;

·        The proposal will cause increased vehicle noise to surrounding properties;

·        Concerns with the location of the proposed canopy tree;

·        Safety risk if all dwellings are occupied by renters;

·        Street safety concerns caused by the relocation of the existing light pole; and

·        Impact of construction;

·        The proposal provides inappropriate street setback, storage, dwelling entrance, backyard, landscaping;

·        Metropolitan Planning Levy (MPL) should be paid prior to lodgement of the planning application;

·        The proposal fails to provide sufficient garden area;

·        The proposed garages fail to provide any drainage mechanisms.

A response to the grounds of objection will be provided later in this report. 

CONSULTATION

Planning officers undertook consultation in the form of contacting all objectors (excluding the anonymous objector) via phone calls and emails to better understand their concerns with the proposal and to advise that all concerns in context of the planning scheme are considered as part of the application process. No further consultation is proposed.

 

The applicant was provided the opportunity to amend the proposal to address Officer’s feedback and objectors’ concerns. The design response was not amended at the conclusion of consultation and the recommendation is based on advertised plans.

HOUSING DIVERSITY STRATEGY

The Housing Diversity Strategy (HDS) was introduced into the Whittlesea Planning Scheme 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 Suburban Residential change area, which recognises areas typically a fifteen minute plus walk to public transport and activity centres.  The preferred housing types are noted as detached dwellings, dual occupancies and duplexes. The Suburban Residential change area has a number of Key Design Principles, including:-

·        Low building heights to reflect the existing suburban scale and character;

·        Front setback to allow for significant landscaping and large canopy trees to create a sense of openness to the street;

·        Increased side and rear setbacks to provide for building separation and landscaping;

·        Standard site coverage to facilitate landscaping opportunities;

·        An increased area of private open space to allow for significant landscaping;

·        Large canopy tree in the front setback; and

·        Extra-large canopy tree in the rear setback.

A response to Council’s Housing Diversity Strategy is provided in the table below.

ASSESSMENT AGAINST CLAUSE 55 OF THE WHITTLESEA PLANNING SCHEME

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

·        Must meet all of the objectives

·        Should meet all of the standards

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

 

√ - Compliance
X – Non-compliance

Objectives

Standards

COMMENTS

B1

Neighbourhood
Character

x

x

The existing neighbourhood character includes predominately detached single storey dwellings with some double storey dwellings. Surrounding dwellings consistently include single and double fronted façades, pitched roofs, brick façades, concrete roof tiles and landscaping within front setbacks.

Within the immediate streetscape of Thomas Street, low scale development that provides a sense of openness forms the dominant character of the area. Many of the single dwellings in the area have generous secluded private open spaces and elaborated landscape within the rear setbacks.

In addition to the above context, Schedule 5 to the General Residential Zone contains the following neighbourhood character objectives:

·      To support a preferred neighbourhood character where landscaping is the prominent feature of development.

·      To maintain a sense of openness and separation between built form by providing generous setbacks and ensuring sensitive transitions in height from existing dwellings.

·      To encourage contemporary building designs with variation and breaks in building form to soften the visual bulk of development through elements such as eaves, hipped or gabled roof forms and setbacks at upper floors.

·      To improve landscape character by providing generous landscaping including canopy trees in front and rear setbacks to soften the visual impact of development.

·      To encourage functional secluded private open space at the rear of the dwelling through its orientation and design

 

Each dwelling has incorporated some elements of the surrounding housing stock including pitched tiled roof forms and ground floor brick façades, however, the proposal does not go far enough in responding to Standard B1- Neighbourhood Character.

Whilst some separation is provided at ground floor between Dwelling No. 2 and No. 3, the double storey built form to all dwellings is a departure from predominantly single storey character of the area.

The degree of separation of the dwellings at ground level is not responsive to the sense of separation between dwellings that is established and recognised by the Housing Diversity Strategy to ‘provide building separation’.

The proposed side setbacks also do not adequately respond to the established sense of separation between dwellings. Of particular concern is that Dwelling No. 1 and No. 2 are both proposed to be built to the northern side boundary.

Whilst two-storey built form is not prohibited within a residential area it is the expanse across the site which contributes to the visual bulk of the development.

Due to the continuous ground floor and tokenistic first floor separation there is limited landscaping opportunities to soften the built form. Visual bulk from the built form massing is the predominant feature of the proposal which is not consistent with the neighbourhood character objective which seeks for landscaping to be the predominant feature. This will be discussed further in Standard B13 - Landscaping. 

On balance, the proposal for the reasons outlined above does not adequately respond to the established or preferred neighbourhood character

B2

Residential
Policy

x

x

The site is located within a General Residential Zone (Schedule 5) and is within a Suburban Residential Change Area as identified in the Housing Diversity Strategy 2013-2033 (HDS).

The HDS sets out key design principles for residential development within Suburban Residential Change Areas.

The proposal is inconsistent with the preferred housing typology identified by the HDS, which encourages detached dwellings and dual occupancy/duplex development within the Suburban Residential Change Area. The HDS seek to encourage developments within the Suburban Residential Change Area to have low built form to respect the character, have greater built form separation and large/ extra- large canopy trees. The proposal does not respect these principles nor the preferred housing typology.

There are examples of two storey dwellings which can be found at 39 Thomas Street and 25 Doreen Rogen Way, and multi-unit developments within close vicinity of Gorge Road and Plenty Road. however, single storey dwellings with generous secluded private open spaces are the predominant feature of the immediate area.

Clause 16.01-1L (Housing Supply in Established Areas) applies to the development of two or more dwellings in the established areas of the municipality. This Clause contains strategies for achieving development that contributes positively to the neighbourhood character of the area whilst achieving a high level of amenity. Strategies for achieving this include to encourage development that:

·        Achieves generous setbacks where a sense of space and separation between dwellings is part of the preferred neighbourhood character;

·        Provides an articulated building form to avoid visual bulk;

·        Provides landscaping along driveways that is not impacted by vehicle manoeuvres;

·        Integrates overlooking screening (where required) with the building design to reduce visual bulk and to maximise access to daylight, natural ventilation and outlook for habitable rooms;

Whilst the development meets technical compliance with regard to its front setback and the size of the secluded private open spaces, the extent of the built form across the site is of concern.

The development does not achieve generous setbacks throughout the site and when viewed from the streetscape and adjoining properties secluded private open spaces it would present as an extensive amount of visual bulk.

The proposal provides very minimal landscaping along the accessway and the turning circles provided from the garages demonstrate that vehicles would conflict with some of these areas, particularly along the southern boundary.

In addition to the housing character and amenity strategies identified above, Clause 16.01-1L (Housing Supply in Established Areas) also encourages:

·        Provides an articulated building form to avoid visual bulk

·        Provides landscaping along driveways that is not impacted by vehicle manoeuvres.

The proposal does not achieve an acceptable level of compliance with Clause 16.01-1L.

Regarding the built form, the proposal is not considered to be sufficiently articulated which is evident by the minimal first floor setback.

The vehicle swept paths provided indicate that the proposed landscaping along the shared accessway would be impacted by vehicles entering and exiting the site. Specifically, vehicles entering and exiting the garages of Dwelling No. 2 and No. 3 would potentially encroach into the landscaped areas, compromising the ability for meaningful landscaping to establish along the accessways. Providing meaningful landscaping along the accessway would assist in alleviating the bulk of the proposal’s presentation to Thomas Street and Doreen Rogen Way.

The proposal does not go far enough in responding to Standard B2 and in particular the Housing Diversity Strategy and Clause 16.01-1L of the Whittlesea Planning Scheme.

B3

Dwelling
Diversity

N/A

N/A

Only applicable to developments of ten or more dwellings

B4

Infrastructure

P

P

The proposal satisfies this standard and objective.

B5

Integration with
the street

P

P

The proposal appropriately integrates with the street.

B6

Street setback

P

P

The proposed setback of 9m satisfies this standard and objective.

B7

Building height

P

P

The maximum building height of 7.19m is well within the height allowable.

B8

Site coverage

P

P

The proposal has a site coverage of 43 % which is less than the standard which allows for a site coverage no greater than 60%.

B9

Permeability

P

P

The proposal has a permeable area of 38.7% which is great than the standard which allows for 20% permeability.

B10

Energy
efficiency

x

x

Development should be designed so that the solar access to north-facing windows is maximised. Dwelling No. 1 and No. 2 both fail to provide any north-facing windows to their living areas as both dwellings are proposed to be built to the northern boundary of the site. This is considered inappropriate and fails to comply with requirements of Standard B10.

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

The proposal satisfies this standard and objective.

B13

Landscaping

x

x

Schedule 5 to the General Residential Zone contains additional landscaping requirements. The development must provide at least one canopy tree in both the front and rear setbacks. Each canopy tree must achieve a minimum six metres mature height and be accommodated in a pervious area of at least 5 metres by 5 metres, that does not contain driveways or car parking.

The site has a five metre rear setback, however, this area is constrained by a 1.83 metre easement. Therefore, it is likely this area would be compromised in its ability to sufficiently establish a six metre canopy tree.

In addition, schedule 5 of the General Residential Zone also requires an application for developments of two or more dwelling on a lot to include a Landscape plan to demonstrate compliance with this standard, and the applicant has not provided a Landscape in accordance with the requirement of the schedule.

As discussed earlier in the report Schedule 5 to the General Residential Zone contains the following neighbourhood character objectives relating to landscaping:

·      To support a preferred neighbourhood character where landscaping is the prominent feature of development.

·      To improve landscape character by providing generous landscaping including canopy trees in front and rear setbacks to soften the visual impact of development.

Having landscaping as a prominent feature and it being generous is particularly important to a development that seeks to introduce an extensive amount of visual bulk into an area that is predominantly surrounded by single storey dwellings and sensitive neighbouring secluded private open spaces.

The landscaping areas for this development are not considered sufficient to balance the scale of development being sought. 

B14

Access

P

P

The proposal provides only one single crossover therefore meeting this requirement.

B15

Parking location

x

x

The habitable room windows to dwelling two do not achieve an appropriate setback from the shared driveway, nor do they provide satisfactory sill heights.  The parking for dwelling three is not ideal in a tandem arrangement and impacts on the ability to meet other requirements of the zone.

B17

Side and rear
setbacks

x

x

The proposed tandem car space to the rear of Dwelling No. 3 is located within the required 5m setback. This compromises the ability to provide landscaping within this area, contrary to the intent of the schedule.

B18

Walls on
boundaries

x

P

Whilst the proposal complies with the technical requirement of this standard, the location and length of the proposed walls on the northern boundary fails to respect the existing and preferred neighbourhood character of the area. Therefore, the proposal fails to comply with the objective of this standard.

B19

Daylight to
existing
windows

P

P

The proposal complies with this standard and objective.

B20

North-facing
windows

P

P

The proposal complies with this standard and objective.

B21

Overshadowing
open space

P

P

The proposal complies with this standard and objective.

B22

Overlooking

x

x

The purpose of this standard is to limit views into existing secluded private open space and habitable room windows.

In this instance, not all first-floor windows are obscured appropriately to avoid overlooking concerns. This could be resolved through conditions on any permit issued, however this may be to the detriment of future occupants of the dwellings by creating poor internal amenity.

B23

Internal views

x

x

The purpose of this standard is to limit views into the secluded private open space and habitable room windows of dwellings and residential building within a development

Again, not all first-floor windows are obscured appropriately to avoid internal view concerns within the development, this could be resolved through conditions on any permit issued, however this also may be to the detriment of future occupants of the dwellings by creating poor internal amenity.

B24

Noise impacts

P

P

The proposal complies with this standard and objective.

B25

Accessibility

P

P

Although the proposal complies with this objective as all dwellings are accessible at ground level or easily convertible, it is noted that all dwellings are double storey and no dwellings contain a bedroom at ground floor level.

B26

Dwelling entry

P

P

The proposal complies with this standard and objective.

B27

Daylight to new
windows

P

P

The proposal complies with this standard and objective.

B28

Private open
space

P

P

The proposal complies with this standard and objective.

B29

Solar access to
open space

P

P

The proposal complies with this standard and objective.

B30

Storage

P

P

The proposal complies with this standard and objective.

B31

Design detail

x

x

As discussed earlier in this report, the continuous built form along the ground floor of Dwellings No. 1 and No. 2 and the lack of meaningful separation between dwellings presents as visually bulky and is an inappropriate response to the existing and preferred character of Thomas Street.

The proposal is considered ambitious in its bulky design with limited separation. In particular the following:

·        Dwelling No. 1 does not provide an acceptable first floor setback along the streetscape to alleviate visual bulk and provide articulation to the dwelling.

·        The south/east elevations of Dwelling No. 2 and Dwelling No.3 fail to provide an acceptable first floor setback.

·        Dwelling No. 1 and No. 2 are both built to the northern boundary of the site which contributes to the bulkiness of the design.

The design has not responded to the existing low scale neighbourhood character nor has it satisfactorily responded to the preferred neighbourhood objectives stipulated in Schedule 5 of the General Residential Zone.

B32

Front fences

P

P

No front fence is proposed.

B33

Common
property

P

P

The proposal complies with this standard and objective.

B34

Site services

P

P

The proposal complies with this standard and objective.

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

Two

One

One

Yes

2

Two

One

One

Yes

3

Three

Two

Two

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.

Whilst the proposal has provided technical compliance with the car parking provisions at Clause 52.06 of the Whittlesea Planning Scheme, the proposal does not provide a functional car parking layout.

The proposed tandem car space to the rear of Dwelling No. 3 is located within the 5m setback as required by the schedule to the zone. This compromises the ability to provide landscaping within this area and a reduction in the landscaping area would result in an increase in hardstand area and further contribute to the bulk of the proposal. In addition, an application to construct or extend a dwelling or residential building on a lot of this size must provide a minimum garden area equal to 35% of the lot. The submitted Garden Area Analysis Plan is inaccurate as it includes the area required for this tandem car space and does not accurately demonstrate the proposal’s compliance with this requirement.

DEVELOPMENT CONTRIBUTIONS PLAN OVERLAY (SCHEDULE 3)

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

 

Comments on Grounds of Objection

1.       The proposal is an overdevelopment of the site

The Whittlesea Planning Scheme does not prescribe a particular density for this site, however, given the number of objectives and standards that cannot be achieved, the density is considered too high and these shortcomings are an indicator of the proposal being an overdevelopment of the site.

2.       The proposal does not respect the prevailing character of Thomas Street

As discussed earlier in this report, visual bulk from the built form massing is the predominant feature of the proposal which is not consistent with character of Thomas Street. The proposal does not adequately respond to the established or preferred neighbourhood character.

3.       The proposed double storey-built would result in overshadowing

The proposal provides a satisfactory response to Clause 55.04-5 (Standard B21 Overshadowing Open Space).

4.       The proposal provides insufficient and inappropriate on-site car parking and the proposal will cause congestion of local streets

As discussed earlier in this report, the car parking provided on site satisfies Clause 52.06 of the Whittlesea Planning Scheme. The development is for three dwellings and therefore a visitor car parking space is not required pursuant to Clause 52.06-5 of the Whittlesea Planning Scheme.

The increase in traffic is still within the scope of what is reasonable for a residential area. However, the issue of traffic is closely related to the infrastructure and ability of the street itself to accommodate substantial rather than incremental increases in density. This is recognised by the Whittlesea Housing Diversity Strategy which does not support substantial change in this area.

However, the proposed tandem car space to the rear of Dwelling No. 3 is located within the 5m setback as required by the schedule to the zone. This compromises the ability to provide landscaping within this area and a reduction in the landscaping area would result in an increase in hardstand area and further contribute to the bulk of the proposal.

5.       The proposal will result in overlooking and loss of privacy to adjoining dwellings

As outlined above, not all first-floor windows are obscured appropriately to avoid overlooking concerns to neighbouring properties.  While this could be resolved through conditions on any permit issued, it may be to the detriment of future occupants of the proposed dwellings by creating poor internal amenity.

 


 

6.       The development will adversely affect the property value of surrounding properties

VCAT has determined on many occasions that property values (including the perception of reduced property values) is not a relevant planning consideration.

7.       The proposal will cause increased vehicle noise to surrounding properties

The potential vehicle noise generated by this proposal is acceptable for a residential zoned area.

8.       Concerns with the maintenance of the proposed canopy tree

If a permit was to be issued, it would be a condition that the proposed landscaping including any canopy trees be maintained by the future residents of the site.

9.       Safety risk if all dwellings are occupied by renters

This is not a relevant planning consideration.

10.     Street safety concerns caused by the relocation of the existing light pole

If a permit was to be issued, a Works in Road Reserve Permit will be required for the construction of a new vehicle crossing. The relocation of the existing light pole will be managed by the conditions of Works in Road Reserve Permit.  Works in Road Reserve permit requirements are outside of the planning permit process.

11.     Impacts of construction

Construction impacts are a short-term matter than can be managed through permit conditions, under Local Laws and the Building Regulations.

 

12.     The proposal provides inappropriate street setback, storage, dwelling entrance, backyard, landscaping

The proposed street setback, external storage, dwelling entrance comply with the relevant Whittlesea Planning Scheme requirements as discussed earlier in the report under assessment against Clause 55 of the Whittlesea Planning Scheme. However, the proposed landscaping for this development is not considered sufficient or appropriate to balance the scale of the development being sought.

13.     Metropolitan Planning Levy (MPL) should be paid prior to lodgement of the planning application

The threshold amount for MPL amount is $1,107,00 for the 2021 to 2022 financial year. The estimated cost of the development is $900,000 as per the submitted application form which is considered appropriate for the development of this scale, and as such this application is exempt from Metropolitan Planning Levy charge.

14.     The proposal fails to provide sufficient garden area.

As discussed earlier in this report, an application to construct or extend a dwelling or residential building on a lot above 650 square metres must provide a minimum garden area equal to 35% of the lot. The submitted Garden Area Analysis Plan is inaccurate as it includes the area required for this tandem car space and does not accurately demonstrate the proposal’s compliance with this requirement. The garden area cannot be conditioned on a planning permit as per recent VCAT decisions and legal advice relating to this mandatory requirement.


 

15.     The proposed garages fail to provide any drainage mechanisms

Internal drainage mechanisms are typically dealt through conditions on any permit issued which would require the submission of a professionally prepared drainage design including the use of an on-site dotation system for the internal drainage and method of disposal of stormwater from all roofed and sealed areas. These internal drainage works must be completed to Council’s satisfaction prior to occupying any building on site. 

Declarations of Conflicts of Interest

Under Section 130 of the Local Government Act 2020 and Rule 47 of the Governance Rules 2021, officers providing advice to Council are required to disclose any conflict of interest they have in a matter and explain the nature of the conflict.

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

Conclusion

The proposal does not appropriately respond to the relevant Planning Policy Framework, including Clause 16.01-1L- Housing Supply of Established Areas and Clause 55 (ResCode). The proposed development does not demonstrate an acceptable level of compliance with the relative requirements of the Whittlesea Planning Scheme predominately due to its visual bulk, inability to provide satisfactory landscaping, design details and vehicle parking issues.

 

Recommendation

THAT Council resolve to Refuse Planning Application No. 719795 and issue a Notice of Refusal to Grant a Planning Permit for Construction of Three Dwellings on the following grounds:

1.       The proposal does not appropriately respond to the neighbourhood character objectives sought by Schedule 5 to Clause 32.08 – General Residential Zone;

2.       The submitted Garden Area Plan Analysis Plan is inaccurate and the proposal does not comply with the mandatory garden area requirements pursuant to Clause 32.08-4 – Minimal Garden Area Requirement;

3.       The proposal fails to appropriately respond to the Policy Framework of the Whittlesea Planning Scheme as follows:

a)      The development does not comply with the policy at Clause 16.01-1L – Housing supply in Established Areas;

b)      The scale, separation, built form and landscaping opportunities is inconsistent with the key design principles outlined for Suburban Residential change area of the Housing Diversity Strategy.

4.       The proposal does not comply with the following Objectives and Standards of Clause 55 of the Whittlesea Planning Scheme:

a)      B1 - Neighbourhood character;

b)      B2 - Residential policy;

c)      B10 - Energy efficiency;

d)      B13 - Landscaping;

e)      B15 – Parking location;

f)       B17 - Side and rear setbacks

g)      B22 - Overlooking;

h)      B23 - Internal Views; and

i)       B31 - Design detail.

 

 


Scheduled Council Meeting Agenda                                                        Monday 6 September 2021

 

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Scheduled Council Meeting Agenda                                                                              Monday 6 September 2021

 

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Scheduled Council Meeting Agenda                                           Monday 6 September 2021

 

ITEM 6.2.5 For Decision - Planning Application 719034 - Redevelopment of existing community outreach and counselling centre (Anglicare) at 8-10 Hurtle Street, Lalor 

Attachments:                        1        Locality Maps

2        Architectural Plans   

Responsible Officer:           Director Planning & Development

Author:                                  Principal Planner   

 

APPLICANT:                        Acorn Planning on behalf of Anglicare Victoria

ZONING:                               General Residential Zone Schedule 4

OVERLAY:                            Development Contributions Plan Overlay Schedule 3

REFERRAL:                          None

OBJECTIONS:                      Six objections

RECOMMENDATION SUMMARY

It is recommended that Council resolve to approve Planning Application No. 719034 and issue a Notice of Decision to Grant a Permit for the development and use of the land for the purpose of Community Outreach and Counselling Centre subject to appropriate conditions.

Brief overview

The site comprises two adjoining properties located at the eastern end of Hurtle Street, abutting the Woolworths supermarket at the corner of High Street.  The two former dwellings on the land are currently being used by Anglicare for its community outreach and counselling services, providing a range of community services including counselling, family services, family violence counselling, youth justice services and financial counselling.

The proposal is for continuation of the existing use with the transition of that use to the proposed purpose-built building (over the two lots).  This provides an upgraded facility as the base for the Anglicare services and formalises a greater number of on-site parking spaces compared to the current parking provided.

The application was advertised and a number of objections were received, raising issues of parking and traffic, the form of the proposed building and the attracting of range of people into the area.  The applicant has suggested an alternate basement layout to increase the number of proposed car spaces and has responded to the existing use rights of both lots.

The proposed building is single storey with a basement car parking area.  While the building is not ‘residential’ in form it is modest, single storey in height with appropriate setbacks and is considered to be an appropriate transition building between the commercial use on the eastern side and the surrounding residential uses.  The proposed redevelopment will provide for the continuation of the delivery of the valuable community services provided by Anglicare, and will increase the number of on-site car parking spaces compared to the on-site parking provided at present.

rationale for recommendation

The proposed redevelopment and continuation of the existing use is considered consistent with the residential zoning of the land and particularly in the context of the location of the property adjoining a commercial precinct.  The proposal is consistent with the stated purpose of the Zone, provides appropriate parking and does not unreasonably impact on the amenity of the area.

impacts of recommendation

The recommendation will provide for the ongoing use of the site for the operation of the Anglicare service, which have been in this location for several years.  The use to date has been operating from two former dwellings.  It is considered that the increase in the number of on-site car parking spaces will improve off-site impacts from the very limited numbers of parking on site at present.

All parties to the application will retain review rights through the Victorian Civil and Administrative Tribunal (VCAT).  Council will need to defend any decision made should the matter proceed to VCAT.

what measures will be put in place to manage impacts

While objectors have raised concerns, conditions included in the recommendation for approval have sought to minimise off-site impacts while recognising that the use has been operating for some years.  However, all parties to the application will retain review rights through the Victorian Civil and Administrative Tribunal (VCAT).  Council would need to defend any decision made if the matter proceeds to VCAT.

 

Report

SITE AND SURROUNDING AREA

The subject site comprises two of two similar sized lots, located on the northern side of Hurtle Street.  Each lot has a frontage of 15.2m (therefore total site 30.4m) and depth of 42.4m with an overall site area of 1289m2.

Each lot is occupied by a single detached brick dwelling and outbuildings, with car parking provided to the rear of 8 Hurtle Street, and both are currently used for the Community Outreach and Counselling services by Anglicare Victoria.

The site adjoins the rear of the existing Woolworths supermarket site which fronts High Street (357 High Street).  While the supermarket site fronts High Street, the car parking area is situated at the front of the supermarket building and both the High Street frontage and the Hurtle Street abuttal.  Notably, the access to the parking area is from the side streets, being Tramoo Street to the north and Hurtle Street to the south, with the access to the rear loading bay of the supermarket also being from Hurtle Street adjacent to the subject site.

The rest of Hurtle Street comprises mainly single dwellings with some examples of medium density development throughout.

restrictions and easements

The Certificates of Title for each lot is each subject to the same covenant (Instrument No. 1688232 dated 5 April 1939) which prohibits quarrying or removal of soil, stone clay etc. except for the purpose of building foundations.  This does not have any effect of the proposed redevelopment.

The property is not affected by any other encumbrances or easements.

Proposal

It is proposed to remove the existing (former) dwellings and construct a single storey purpose built building with a basement car park for the purposes of the continuation of the community outreach and counselling facility on behalf of Anglicare Victoria.  Key aspects of the proposal are as follows:

Basement level

A basement level of 656.3m2 containing 18 car spaces (14 staff and 4 client/visitors), storage room, bicycle storage (10 spaces), bin room and services as well as stair access into the ground floor level of the building.  Access is by a single vehicular crossover (5.5m wide) from Hurtle Street.

Ground floor level

The ground floor of the proposed building is 764.8m2 and comprises reception area, open work areas for group sessions, break-out room, staff kitchen, three interview rooms, six, managers rooms and amenities.  All these spaces will be multipurpose to cater for the variety of service types that will be accommodated from the site.  At the front, there are two additional car spaces (including a DDA space) and bicycle parking.  The maximum building height is 5.7 metres.


 

Vegetation

It is proposed to remove a number of trees on the adjoining property to the rear, located on the property at 9 Tramboo Street, situated along the common boundary.  These trees are not native species (all being varieties of ‘Cypress’ species) and there is no planning scheme controls or protection for these trees (e.g. no Vegetation Protection Overlay).  The Applicant has advised that it has obtained consent from the owner of that property to remove these trees.

Overall

The proposed building has a contemporary flat roof form, and no front fence is proposed with the front setback area to be landscaped and includes a seating area.  The development has a site coverage of 61.4% with garden area of 24.3%.

The building will replace the existing buildings on the site (the two former dwellings) and provide for the continuation of the range of existing services provided.  It will continue to be operated by Anglicare Victoria.  The services that will be provided from the site include the following:

·    Community partnership projects

·    Family violence support

·    Financial counselling

·    Functional family therapy – youth justice

·    Integrated family services

·    Parent education

·    Other community and counselling services

The facility will operate as follows:

·    Core operating hours 9am – 5.00pm Monday – Friday

·    Occasional evening group sessions Monday – Friday 5pm – 9pm and Saturday – Sunday 9am-5pm with up to 15 persons attending at any one time

·    Maximum staff at any time – 35

·    Maximum clients/visitors at any time – 10 to 15

·    Typically, there would be separation between the scheduled group sessions.

The Lalor office services an area extending from Collingwood and inner Melbourne through to the township of Whittlesea.

Minor amendments and clarification

The Applicant provided information to clarify the existing use status of each of the two lots.  This indicated that the No. 8 Hurtle Street (adjacent to Woolworths) has been used by Anglicare for 24 years and No 10 Hurtle Street (western side) for about 14 years.  Copies of documents were provided in support.  This matter is discussed later within this report.

Updated information was also provided showing an increase in the number of on-site car spaces (by 4) and a further arborist report to address trees at the frontage, as follows:

·    An updated basement plan which allows for the provision of an additional four car spaces (an increase from 20 to 24 on site spaces).  This is achieved by increasing the size of the basement (extending it towards Hurtle St) and reconfiguring the car spaces.  The layout was reviewed by its Traffic Engineers which has advised that the revised layout accords with requirements of clause 52.06-9.

·    The additional arborist report assesses the trees in the front setback and on the nature strip (i.e. the two street trees). It established that the two street trees will be retained and of the existing four trees in the front setback area only one would be removed (a ‘Lillypilly’ of low retention value).

Public Notification

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

1.       The proposal will add to and exacerbate the existing level of traffic congestion, which is high due to the Woolworths supermarket and the high number of units in the area. 

2.       The proposed building will not fit into the residential location (the existing Anglicare buildings fit in as they are former dwellings).

3.       It will add to already high levels of street parking and further reduce parking availability for residents.

4.       It will decrease property values and deter potential buyers and tenants.

5.       It will attract a variety of people into the area including related to family violence, youth justice and drugs and may compromise the safety of residents – who are primarily family based.  The services offered are seven days per week.

6.       Disruption to locals during construction period.

7.       Other areas would be more suitable, such as the vacant parcel at the south-western corner of Hurtle Street and High Street.

Consultation

Objectors were contacted by phone and email and in the responses received the concern relating to the potential loss of on-street parking was the main issue reiterated.  It was particularly noted that there were several recent multi-unit developments in Hurtle Street and an expectation of several more in the future.  These are seen to be causing high levels of on-street parking, reduced availability for parking to existing residents and that the Anglicare redevelopment would further contribute to parking problems.  No further consultation is proposed to be undertaken.

ASSESSMENT AGAINST THE WHITTLESEA PLANNING SCHEME

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

Existing Uses – Clause 63

The Planning Scheme provides that an existing use right is established where a use was established lawfully or permit previously issued, or the use has been carried out continuously for a period of 15 years (Clauses 63.01 and 63.11)

The applicant was requested to clarify the extent of existing use rights for the subject site (i.e. No. 8 and No. 10 Hurtle Street), who advised as follows:

·    No 8 Hurtle St has been owned and occupied by Anglicare Victoria for a period of 24 years (since 25 August 1997).

·    No. 10 Hurtle St has been owned and occupied by Anglicare Victoria for a period of 14 years (since 8 May 2007).  It was purchased as additional space was required to meet the demands of the community continue to offer their range of services.

Evidence has been provided by the Applicant to confirm the operation of the centre on the subject land during those periods.

On the basis of the Applicant’s responses, it is accepted that No. 8 Hurtle Street has existing use rights, while No. 10 does not.  A permit is therefore required for the development on No. 8 and for the development and use on No. 10 Hurtle Street.

Clause 63.05 provides that an existing Section 2 use (i.e. a use that would require a permit) may continue provided that:

·    No building or works are constructed or carried out without a permit.  A permit must not be granted unless the building or works complies with any other building or works requirement in this scheme.

·    Any condition or restriction to which the use was subject continues to be met.  This includes any implied restriction on the extent of the land subject to the existing use right or the extent of activities within the use.

·    The amenity of the area is not damaged or further damaged by a change in the activities beyond the limited purpose of the use preserved by the existing use right.

Having regard to the above criteria, the following comments are made:

·    There are currently no restrictions or conditions with respect to the use of both sites. The range of services offered from the redeveloped site will be consistent with the range of services currently offered.

·    With respect to amenity it is considered that the redevelopment would not result in any impacts beyond what is currently occurring.

·    The existing former dwelling buildings have limited on site car spaces available, being up to six spaces in total in an informal arrangement.

·    The proposed development initially proposed 20 on site spaces in the basement.  This was later amended to 24 car spaces.  This will reduce the current need for off-site parking (including on-street) associated with the Centre.

·    The built form is single storey.

·    The use is consistent with the purpose of the zone in that it provides a community service.

General Residential Zone Schedule 4 (GRZ4) – Clause 32.08

Pursuant to Clause 32.08-9, a permit is required to construct any buildings or construct or carry out works for a use in Section 2 of the Table of Uses (at Clause 32.08-2).

While the use of the site is existing, the use is an unspecified (or undefined) use so is a Section 2 use, where any buildings and works require a permit.  As indicated above, a permit is also required for the use as No. 10 Hurtle Street does not have an ‘existing use right’.

The purpose of the General Residential Zone is to:

·    To implement the Municipal Planning Strategy and the Planning Policy Framework.

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

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

The proposed non-residential use is considered to be consistent with the purpose of the GRZ and consistent with the relevant considerations as follows:

·    The non-residential use remains unchanged from the existing use and there has been no demonstrated incompatibility the residential uses in the past.

·    Notably the site abuts the Woolworths supermarket and associated car parking and loading facility to the east.  The proposed redevelopment and use provides an appropriate transitional use between the supermarket and residential properties to the west.

·    The single storey development is considerate of surrounding built form.  While it abuts the boundary to the Woolworths property, it is setback from adjoining residential properties to the north and west.

·    The facility provides an important service that serves the local community needs as well as beyond.

·    Operating hours are generally limited to weekdays and daytime hours.

·    The design and appearance will contribute positively to the Hurtle Street streetscape.

·    Landscaping treatment within the front, side or rear setbacks will soften the built form and make for an open, landscaped setting.

·    Vehicle and bicycle parking will be appropriately stored in the basement with two car spaces being confined to ground level for accessibility to visitors.

·    Bin storage will be accommodated within the basement.

In terms of the built form of the proposed building, it is noted that the proposed building is not bulky and has been appropriately articulated to soften its impact.  A wholly residential identity would not be desirable in this case despite the residential location, and the form of the building should reflect the non-residential use.  The built form and use is considered to be an appropriate transition from the commercial uses to the residential neighbourhood.  

Development Contributions Plan Overlay (Schedule 3)

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.  In respect of non-residential development, the contribution required is at the rate of $3.50 per square metre of additional impervious floor area (to be CPI adjusted).

This requirement must be included as a condition on any planning permit that is issued.

Car Parking 

Clause 52.06 of the Whittlesea Planning Scheme prescribes the rate and design standards for car parking spaces required on site.  Under this clause there is no specified car parking rate for the proposed use.  Where a use of land is not specified, car parking spaces must be provided to the satisfaction of the Responsible Authority.

The Applicant engaged a Traffic Engineer to assess traffic and parking requirements and a report was submitted with the application.  The proposal included a total of 20 car spaces on site.  A car parking demand assessment was conducted.

While this proposal increases the existing on-site parking for the continuation of the same use, it was considered that parking was still less than the amount required to accommodate all staff and clientele.  As indicated earlier in this report, an amended basement plan has been submitted showing an increase to 24 car spaces, and further detail submitted to justify the number of car spaces required against the criteria contained in Clause 56.06.  It has been submitted that:

·    The site is about 90m from High Street, which includes a number of bus routes with stops within walking distance of the site, including Routes 559, 554, 555 and 556, and it is noted that both the Thomastown and Lalor rail stations are 900m from the site.  Train services can be accessed via connecting bus routes.

·    The majority of staff at the Lalor office operate in an ‘outreach’ capacity.  Each staff member will have use of a desk for file and report writing, however the majority of their time is spent out of the premises meeting with clients, support workers and DHHS regional teams.

·    As a result of the ‘outreach’ nature of the workforce, staff attendance at the site is spread out over the workday and it is unlikely that staff will spend full days in the premises.  Rather it is a base from which to go and deliver their services.

·    Therefore, the demand for staff parking will generally be short term and not for extended periods.

Based on the existing operating conditions and considering the increased provision of on-site car parking compared to the way the use is currently operating, it is considered that the proposal would not result in any significant variation in the off-site car parking impacts.  If anything, the proposed outcome will improve the situation and result in a lesser impact.

Notwithstanding, a condition is included in the recommendation that a Car Parking Management Plan be prepared and submitted for approval by Council to further mitigate any potential impacts.

Bicycle parking (Clause 52.34) is not required for this use under the Planning Scheme.  However, it is proposed to provide bicycle parking facilities including 10 staff spaces within the basement (5 rails), and 4 customer/visitor spaces at ground level (2 rails). The dimensions of the bicycle parking areas accord with AS2890.3-2015.

Comments on Grounds of Objection

The following comments are made in relation to the objections raised (the numbers below correlate to the list of objections earlier in this report):

1.       Traffic levels.

It is noted that the subject property (comprising two titles) are currently being used as a community outreach and counselling facility by Anglicare.  The proposal is for the redevelopment of the site to better facilitate the existing uses.  While there is some formalisation of uses and hours, there is not expected to be an introduction of any significant level of additional non-residential traffic introduced into the area as a result of the proposed redevelopment.

Notably, the site is at the eastern end of Hurtle Street and sits adjacent to the Woolworths supermarket car parking area that fronts High Street.  Given the proximity to High Street, the likely most common route for access to the Centre would be from High Street rather than through the residential area to the west.

2.       Building not compatible with the residential location.

While the building form is not residential style in nature, it is considered appropriate and reflective of the nature of the non-residential use.  It is single storey and does not present as a bulky building, and as such is considered to be an appropriate building to transition from the supermarket site and the surrounding residential area.

3.       Street parking.

Similar to Point 1 above, the proposal is to redevelop the existing buildings on the site.  It is noted that the current facility provides two spaces at the rear of No. 8 Hurtle street (or four spaces when used in tandem) typically utilised by staff only, and two spaces (in tandem) in the driveway of No. 10 Hurtle Street.

The proposed redevelopment would increase the current maximum of six spaces on the site to include 2 client/visitors spaces at ground level (including DDA car space), 4 client spaces in the basement and 14 staff spaces within the basement (secure car parking area).

Any incidence of street parking is not expected to increase as a result of the redevelopment.

4.       Decrease property values.

This is not a relevant planning consideration, and notably this has long been held as not relevant through VCAT case law over many years.

5.       Attract a variety of people into the area and compromise the safety of residents.

While the use would attract Anglicare clientele into the centre, and this would be expected to include a range of different people (noting the range and variety of services provided), it is noted that the use has been existing since 1997 (at 8 Hurtle Street) and then expanding (into 10 Hurtle Street as well) in 2007.  The activities to be hosted by the proposed redeveloped site and building are essentially the same as has been operating during this time, though it is fair to suggest that services may alter over time to respond to changing needs of the community.

There is no information to suggest that the safety of residents in the street has been compromised in the past or would be affected into the future as part of the ongoing use.

6.       Disruption during construction period.

A condition of permit is recommended requiring a Construction Management Plan to be prepared and approved by Council.  This would place controls and limitations around construction activities to minimise any disruption or inconvenience to surrounding residents and the public arising during the construction period.

7.       Other areas would be more suitable.

While there may be other sites that would be suitable for the proposal, it is required that the application on the land as proposed be assessed in its own right.

Declarations of Conflicts of Interest

Under Section 130 of the Local Government Act 2020 and Chapter 5.7 of the Governance Rules 2020, officers providing advice to Council are required to disclose any conflict of interest they have in a matter and explain the nature of the conflict.

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

Conclusion

The proposal has been assessed against applicable clauses in the Whittlesea Planning Scheme.  The proposed redevelopment and continued use is considered appropriate for the subject site.  The site is located in proximity to essential services and forms of public transport and therefore considered appropriate for the provision of community facilities and services.

The use serves a community need and the redevelopment is considered to be an appropriate transitional use/development from the supermarket site and the residential uses.  While it is a modern building form it is a building over two lots that has a height and bulk which is compatible with residential development and is considered to be consistent with the purpose and objectives of the General Residential Zone.

The proposal provides an increase in the number of on-site car parking spaces improving the amenity for the surrounding area where very few on-site spaces have been available to date for the existing use.

Approval subject to suitable conditions is recommended.

 

Recommendation

THAT Council resolve to approve Planning Application No. 719034 and issue a Notice of Decision to Grant a Permit for the development and use of the land for the purpose of Community Outreach and Counselling Centre in accordance with the endorsed plans and subject to the following conditions:

Development Contribution Plan Overlay Condition

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

Amended plans required

2.       Before the development permitted starts, 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 lodged with the application but modified to show:

a)      The proposed vehicle crossing width increased to 6.0m and be heavy duty construction.

b)      Provision of 24 car spaces on the site.

c)      In accordance with Clause 52.06-9, the accessway to have a corner splay or area at least 50 per cent clear of visual obstructions extending at least 2m along the frontage road from the edge of the exit lane and 2.5m along the exit lane from the frontage, to provide a clear view of pedestrians on the footpath of the frontage road.  The area clear of visual obstructions may include an adjacent entry or exit lane where more than one lane is provided, or adjacent landscaped areas, provided the landscaping in those areas is less than 900mm high.

d)      The western vehicle crossing splay to be located at a minimum 1.0m from the existing lighting pole and nearby telecommunication pit as well as any other service authority assets located within the road reserve.

e)      Landscaping as required by Condition 4 of this permit.

f)       Schedule of external materials, finishes and colours.

g)      Drainage plans/WSUD techniques.

h)      Recommendations of the ESD Report.

Structures within splay

3.       In accordance with AS/NZS 2890.1:2004 Clause 3.2.4, all structures (including letterboxes, meter boxes, fences, and retaining walls) located within the splayed area adjacent to the driveway entrances, shall be constructed to a maximum height of 900mm or relocated clear of the splayed area to ensure adequate site distance to pedestrians.  Landscape planting must also be reduced in height when located within this area.

Landscape plan

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

a)      Details of landscaping for the front setback and side boundary offsets including a schedule of all proposed trees, shrubs and ground covers.

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

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

d)      The provision of (insert number) canopy trees with a mature height of (insert height) planted at a semi-advanced state within the front setback (also include rear or other areas as needed);

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

f)       Details of screen planting compromising along the id and rear boundary offsets to minimise overlooking and soften the built form.

g)      Consistency with the City of Whittlesea Landscape Guidelines (for non-residential use in residential areas).

Landscaping completion and maintenance

5.       Unless with the prior written consent of the Responsible Authority, before the occupation of the development, the landscaping works shown on the endorsed plans must be carried out, completed and maintained to the satisfaction of the Responsible Authority.

6.       Unless otherwise agreed in writing by the Responsible Authority, the landscaping areas shown on the endorsed plans must be used for landscaping and no other purpose and any landscaping must be maintained to the satisfaction of the Responsible Authority, including that any dead, diseased or damaged plants are to be replaced.

          Environmentally Sustainable Development

7.       Before the development hereby permitted starts, a Sustainable Design Assessment (SDA) / Sustainable Management Plan (SMP) (including a Green Travel Plan) must be prepared by a suitably qualified expert to the satisfaction of the responsible Authority and submitted to the Responsible Authority for approval as required by the Clause 22.01 (Environmentally Sustainable Development) of the Whittlesea Planning Scheme. When approved, the SDA / SMP will be endorsed and will form part of this permit. The SDA / SMP must address the 10 key Sustainable Building Categories:

a)      Energy Efficiency

b)      Water Efficiency

c)      Stormwater Management

d)      Indoor Environment Quality (IEQ)

e)      Transport

f)       Waste Management

g)      Urban Ecology

h)      Innovation

i)       Building Materials

j)       Construction and Building management

The SDA / SMP must be accompanied by a report from an industry accepted performance measurement tool.

Site Management Plan

8.       Prior to the commencement of works, including demolition and excavation, a Site Management Plan must be submitted to and endorsed by the Responsible Authority.  No works are permitted to occur until the Plan has been endorsed by the Responsible Authority.  Once endorsed, the Site Management Plan will form part of the permit and must be implemented to the satisfaction of the Responsible Authority.  The plan must:

a)      Be in accordance with the Responsible Authority’s Site Management Plan template.

b)      Address occupational health and safety, traffic management, environmental controls and cultural heritage and/or dry stone wall protection measures to the satisfaction of the Responsible Authority.

c)      Be submitted to the Responsible Authority a minimum of 21 days before a required pre-commencement meeting (attended by authorised representatives of the construction contractor and project superintendent as appointed by the developer) on the site of the works.

d)      Identify any site offices, workspaces, personnel rest and amenity areas, hardstands, material laydown areas, and stockpiles.

e)      Include the proposed route for construction vehicle, equipment and machinery access to the site including a program for the upgrade and maintenance works required along this route while works are in progress.

f)       Address the location of parking areas for construction and sub-contractors’ vehicles, equipment and machinery on and surrounding the site, to ensure that they cause minimum disruption to surrounding properties.

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

h)      Demonstrate all environmental and cultural heritage and/or dry stone wall protection measures identified on a drawing(s) drawn to scale.

i)       Provide measures to ensure that no mud, dirt, sand, soil, clay or stones are washed into or allowed to enter the storm water drainage system.

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

k)      Address any recommendations of any approved Cultural Heritage, Dry Stone Wall and Conservation Management Plans applying to the land.

l)       Identify the location and method of any Tree Protection Zones inclusive of trees within nature strips adjacent to the site boundaries in accordance with Appendix 2 of Council’s ‘Street Tree Management Plan’.

m)     Ensure that all contractors working on the site must be inducted into an environmental management program for construction works.

All works must be carried out generally in accordance with the measures set out in the Site Management Plan approved by the Responsible Authority. Any changes to the Site Management Plan must be submitted to and approved by the Responsible Authority prior to implementation unless otherwise agreed to in writing by the Responsible Authority.

For further information, including submission, please contact Council’s Infrastructure Protection Unit on 9217 2170 or info@whittlesea.vic.gov.au.

Tree Protection Plan and Tree Management Plan

9.       Before the development commences, including demolition or removal of vegetation, a Tree Protection Plan (drawing) and Tree Management Plan (report) must be submitted and be endorsed by the Responsible Authority.

a)      Tree Protection Plan

The Tree Protection Plan must be drawn to scale, reference the Tree Management Plan and provide details of:

i.          The geographic location and canopy dimensions of any tree proposed to be retained in proximity to the development, both within and adjacent to the site.

ii.        The Tree Protection Zone (TPZ) calculated in accordance with the City of Whittlesea standard and Structural Root Zone (SRZ) calculated in accordance with AS4970 for all trees nominated for retention, including trees on neighbouring private properties, nature strips and Council Reserves, where the TPZ falls partially within the subject site.

iii.       Tree protection fencing provided in accordance with the City of Whittlesea standard.

iv.       Appropriate signage on any tree protection fencing prohibiting access, excavation, changes in soil levels, or any storage within the TPZ in accordance with the City of Whittlesea standard. 

v.         The location of any proposed excavation or boring within the TPZ of retained trees.

vi.       The specific location of any root sympathetic excavation proposed to be undertaken to determine the location and distribution of roots of retained trees where TPZ encroachment exceeds 10%.

vii.      Surface materials proposed to be used to protect area(s) within the TPZ in accordance with AS4970.

b)      Tree Management Plan

The Tree Management Plan must be prepared by a suitably qualified arborist, reference the Tree Protection Plan and provide details of: 

i.     Proposed footings and construction methods for any buildings, structures or pavements within the TPZ of a retained tree nominated on the Tree Protection Plan.

ii.    How proposed excavation will impact on the health and structure of trees nominated for retention on the Tree Protection Plan and how these impacts and those associated with changes in soil levels and hydrology will be managed.

iii.   Proposed technique to be used for any root sympathetic excavation to determine the location and distribution of roots of retained trees where TPZ encroachment exceeds 10% (i.e. hand digging, hydro excavation, air-knife etc.)

iv.   The location and extent of any pruning to be undertaken being in accordance with AS4373.

v.    How the canopy and root systems of trees nominated on the Tree Protection Plan will be protected during development.

vi.   When and how the consulting arborist will undertake a minimum of five (5) construction hold point inspections to formally certify the implementation of the Tree Management Plan. At least one (1) construction hold point inspection must be undertaken at each of the following development stages; pre-demolition, pre-construction, construction stage, building completion stage and landscaping stage.

vii.  Any other measures required to demonstrate the successful ongoing retention and post construction viability of any trees nominated on the Tree Protection Plan.

Development layout not altered

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

Satisfactory Continuation

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

External lighting / light spill

12.     All external lighting must be designed, baffled and located to prevent adverse amenity impacts on adjoining land, to the satisfaction of the Responsible Authority.

Waste Management Plan

13.     Before the use and / or development starts, a Waste Management Plan must be prepared by a person suitably qualified or experienced and must be in accordance with Council’s Waste Management & Resource Recovery Strategy.  The Plan must be submitted to and approved by the Responsible Authority.  When approved, the Plan will be endorsed and form part of this Permit.  The approved Waste Management Plan must be implemented to the satisfaction of the Responsible Authority.

The Plan must identify bin storage and waste collection demonstrating via the use of vehicle swept path plans, including the vehicle’s ingress/egress from the site in a forward manner.

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

b)      How the collection of refuse and recycling material will be managed.  This must include vehicle swept paths showing how waste vehicles can turn within space provided on site.  Adequate height clearance must be provided to accommodate the required waste collection vehicle in accordance with Clause 52.06-9 of the Planning Scheme and Clause 5.3 of AS/NZS 2890.1:2004.

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

d)      Where such refuse and recycling shall be stored within the site.

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

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

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

The development must be restricted to the maximum size vehicle that is able to enter and exit the site in a forward direction i.e. limited to the 6.4m long waste truck.

Car park construction

14.     Before the use commences and / or occupation of the development hereby permitted, the area(s) set aside for the parking of vehicles and access lanes as shown on the endorsed plans must be:

a)      Constructed.

b)      Properly formed to such levels that they can be used in accordance with the plans.

c)      Surfaced with an all-weather sealcoat or treated to the satisfaction of the Responsible Authority to prevent dust and gravel being emitted from the site.

d)      Drained and maintained.

e)      Line marked to indicate each car space and all access lanes.

f)       Clearly marked to show the direction of traffic along access lanes and driveways.

to the satisfaction of the Responsible Authority.  Car spaces, access lanes and driveways must be kept available for these purposes at all times, to the satisfaction of the Responsible Authority.

General Drainage Requirement

15.     Discharge of stormwater from the land is required by means of an underground pipe drainage system designed to the satisfaction of the Responsible Authority and discharging to the legal point of discharge in a street or an underground pipe drain to the requirements of the Responsible Authority. In this regard no water must be discharged from any pipe or paved area onto the surface of any adjacent land.

Stormwater flows in excess of the approved capacity of the pipe drainage system must not be trapped by any construction but must be permitted to flow over the finished surface of the site to the street or drainage easement.

Internal Drainage Works

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

External Drainage Works

17.     Before the development starts, 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.

Services

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

Directional sign

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

Vehicular Access

20.     Vehicular access to the site must be in the form 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 nature strip to the satisfaction of the Responsible Authority.  All vehicle crossing works are to be carried out with Council supervision under a Works in Road Reserve Permit / Road Opening Permit an ‘Infrastructure Protection Permit.’

Car Parking Management Plan

21.     Before the use and / or development starts, a Car Parking Management Plan must be prepared by a person suitably qualified or experienced.  The Plan the must be submitted to and approved by the Responsible Authority.  When approved, the Plan will be endorsed and form part of this Permit.  The Plan must detail the management and allocation of car parking spaces is to be carried out within the site, including allocation of parking spaces relating to staff attendance at the site at any one time.

Signage and Line-marking Plan

22.     Before the development starts, a signage and line-marking plan showing all road markings and signs is to be submitted to Council for approval.  The use and installation of signs and line marking must be in accordance with all relevant standards, including Council standard drawings, Department of Transport Victoria, Australian Standards and AustRoads.

Vehicle crossing removal

23.     All disused or redundant vehicle crossings must be removed, and the area reinstated (including any footpath, kerb or channel), to the satisfaction of the Responsible Authority.

Loading/unloading

24.     The loading and unloading of goods from vehicles must only be carried out on the land and must not disrupt the circulation and parking of vehicles on the land, to the satisfaction of the Responsible Authority.

Hours of Operation

25.     Except with the further written consent of the Responsible authority, the use must operate:

a)      Core operating hours 9am to 5.00pm Monday to Friday.

b)      Occasional evening group sessions Monday to Friday between 5pm to 9pm and Saturday and Sunday

c)      Provision of a time delay between the scheduling of group sessions to enable participants of a session to leave the site prior to participants of a subsequent session arriving.

Expiry

26.     In accordance with the Planning and Environment Act 1987 this permit will expire if:

d)      The development does not start within 2 years of the date of this permit; or

e)      The development is not completed within 4 years of the date of this permit and / or

f)       The use is not commenced within two years of the completion of the development and/or

g)      The approved use ceases for more than two 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.

 

 


Scheduled Council Meeting Agenda                                                        Monday 6 September 2021

 

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Scheduled Council Meeting Agenda                                                                              Monday 6 September 2021

 


 


 


 


 


 


 


 


Scheduled Council Meeting Agenda                                           Monday 6 September 2021

 

ITEM 6.2.6 For Decision - Draft Domestic Animal Management Plan 2021-2025 

Attachments:                        1        Draft Domestic Animal Management Plan   

Responsible Officer:           Director Planning & Development

Author:                                  Manager Compliance & Environmental Health   

 

RECOMMENDATION SUMMARY

That Council resolve to:

1.   Endorse the draft Domestic Animal Management Plan 2021-2025; and

2.   Proceed to public exhibition from 8 September 2021 to 30 September 2021.

Brief overview

Victorian councils are required to prepare and implement a Domestic Animal Management Plan (the Plan) every four years.

The Plan outlines proposed activities that enhance Council’s management of dogs and cats, including responsible pet ownership; nuisance complaints; overpopulation; reduction of euthanasia rates; animal registration and microchipping; managing dangerous, menacing and restricted breed dogs; and monitoring domestic animal businesses.

The public exhibition period aims to confirm feedback already received and capture any items that were missed during the first two stages of community engagement. All feedback will be considered and, where possible, incorporated into the final version of the Plan.

rationale for recommendation

The draft Domestic Animal Management Plan 2021-2025 has been developed using community input obtained through community engagement activities held between March and May 2021.

Endorsing the draft plan will enable a final round of obtaining community feedback to ensure Council has captured community needs in relation to animal management.

impacts of recommendation

Community members have opposing views on some of the proposals in the draft Plan and these will need to be managed depending on the outcome following public exhibition.

what measures will be put in place to manage impacts

Key messages and where appropriate, a communications plan, may be required if any items arising from the final Plan are those with opposing community views.

 

Report

Background

The Domestic Animals Act 1994 requires Victorian councils to prepare and implement a Domestic Animal Management Plan (the Plan) every four years.

Domestic Animal Management Plans outline proposed activities that enhance Council’s management of dogs and cats, including responsible pet ownership; nuisance complaints such as noise, trespassing and faeces; overpopulation; reduction of euthanasia rates; animal registration and microchipping; managing dangerous, menacing and restricted breed dogs; and monitoring domestic animal businesses.

The draft Plan has been developed alongside our Epping Animal Welfare Facility partners, the City of Darebin and Moreland City Council. All councils are required to use the same prescribed report template.

Community and stakeholder feedback was sought from March to May 2021 and has informed the actions in the draft Plan.

The existing Domestic Animal Management Plan 2017-2021 expires in December 2021.

Proposal

The draft Domestic Animal Management Plan 2021-2025 is being presented to Council for endorsement to proceed to public exhibition from 8 September 2021 to 30 September 2021.

The City of Whittlesea is home to 18,321 registered dogs and 6,798 registered cats, although the actual number of dogs and cats is predicted to be much higher when unregistered and unowned animals are taken into account.

The benefits of pet ownership are wide-reaching, including having proven benefits on people’s health and wellbeing by encouraging physical activity and providing companionship.

These benefits must be balanced with ensuring animals and humans can live together in our community safely and harmoniously. Council has a crucial (and legislated) role to play to support our community to maintain this balance.

The draft Plan outlines how Council proposes to achieve this and includes planned activities that are designed to:

·    Encourage responsible dog and cat ownership;

·    Improve outcomes for impounded animals, including reuniting pets with their owners and rehoming suitable unclaimed animals;

·    Address overpopulation and high euthanasia rates, with a particular focus on the high proportion of unowned cats living in the municipality;

·    Reduce public nuisance and environmental issues caused by dogs and cats such as excessive barking, harming wildlife, roaming and faeces in public places;

·    Ensure Animal Management Officers are trained in contemporary animal management practices;

·    Effectively manage dangerous, menacing and restricted breed dogs to minimise danger to the community;

·    Minimise the risk of dog attacks on people and animals; and

·    Ensure that all Domestic Animal Businesses maintain the highest standards of animal welfare and are compliant with legislative requirements.

Consultation

The first two stages of community engagement were conducted between March and May 2021, which included an online community survey, nine community place-based pop-ups in the City of Whittlesea and 10 phone interviews with key stakeholders.

Additional community pop-ups were conducted in the Darebin and Moreland municipalities.

A total of 3,049 contributions were received across the three Council areas from approximately 1,624 people who live, work or visit the Cities of Whittlesea, Darebin and Moreland.

There were:

·    1,255 surveys completed (486 from the City of Whittlesea)

·    Approximately 369 participants engaged at pop-ups (281 from the City of Whittlesea)

·    10 key stakeholder interviews conducted.

This feedback has been used to inform the draft Domestic Animal Management Plan 2021-2025.

Proposed Community Engagement on draft Plan

It is proposed to place the draft Plan on public exhibition for feedback from 8 September 2021 to 30 September 2021.

In addition to making the draft Plan available on Council’s engagement portal and calling for submissions through Council’s social media channels, Council will be contacting community members and key stakeholders who participated in the first two stages of community engagement to advise of the draft Plan and invite them to provide a submission.

Feedback received through the public exhibition period will be considered and where possible, included in the Plan, which will return to Council for consideration and adoption in November 2021.

Critical Dates

·    March to May 2021 – two stages of community engagement were undertaken.

·    June to August 2021 – a draft Domestic Animal Management Plan 2021-2025 was developed.

·    8 September 2021 to 30 September 2021 – public exhibition period to seek final community feedback on the draft Domestic Animal Management Plan 2021-2025.

·    October 2021 – community feedback is considered and used to update the draft Plan.

·    November 2021 – Council considers the Domestic Animal Management Plan for adoption.

·    December 2021 – Council provides the Secretary with a copy of the final Domestic Animal Management Plan.

Financial Implications

The City of Whittlesea has contributed $22,000 towards community engagement to inform the draft Plan. This represents one third of the total project cost of $66,000, with the remainder being shared amongst Moreland and Darebin Councils.

Various initiatives within the draft Plan will require a budget allocation. These will be determined once the Domestic Animal Management Plan is finalised after community consultation.

Policy strategy and legislation

Section 68A of the Domestic Animals Act 1994 requires all Victorian councils to prepare and deliver a Domestic Animal Management Plan every four years.

link to strategic risks

Strategic Risk Governance - Ineffective governance of Council’s operations and activities resulting in either a legislative or policy breach

The Domestic Animals Act 1994 requires Victorian councils to prepare a Domestic Animal Management Plan every four years.

Strategic Risk Community and Stakeholder Engagement - Ineffective stakeholder engagement resulting in compromised community outcomes and/or non-achievement of Council's strategic direction

Undertaking public exhibition of the draft Plan will ensure that community needs and attitudes are understood and used to inform Council’s animal management activities over the next four years.

Links to whittlesea 2040 and the CoUNCIL Plan

Goal                                       Connected community

Key Direction                        A healthy and safe community

 

The draft Plan supports Whittlesea 2040 and the Council Plan goals of ‘Connected Community’ and ‘A Healthy and Safe Community’. It is through effective management of nuisance and safety issues that community safety is maintained at home and in public places.

Declarations of Conflicts of Interest

Under Section 130 of the Local Government Act 2020 and Rule 47 of the Governance Rules 2021, officers providing advice to Council are required to disclose any conflict of interest they have in a matter and explain the nature of the conflict.

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

Conclusion

The draft Domestic Animal Management Plan 2021-2025 establishes the key priorities and actions relating to animal management over the next four years.

By working in partnership with the City of Darebin and Moreland City Council, the City of Whittlesea has produced a quality, industry-leading and well-informed draft Plan that will benefit our community and the animals who call the City of Whittlesea home.

This final round of obtaining community feedback will ensure that Council has adequately responded to animal management issues that are important to our community.

 

RECOMMENDATION

THAT Council resolve to:

1.       Endorse the draft Domestic Animal Management Plan 2021-2025; and

2.       Proceed to public exhibition of the draft Plan from 8 September 2021 to 30 September 2021.

 


Scheduled Council Meeting Agenda                                                        Monday 6 September 2021

 

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Scheduled Council Meeting Agenda                                           Monday 6 September 2021

 

ITEM 6.2.7 For Decision - Investigation into leasing 1F Ashline Street, Wollert for Affordable Housing 

Attachments:                        1        Map of 1F Ashline Street Wollert

2        Housing Continuum in Australia

3        City of Whittlesea Social and Affordable Housing Policy 2012   

Responsible Officer:           Director Planning & Development

Author:                                  Social Policy & Planning Officer   

 

RECOMMENDATION SUMMARY

This report recommends Council:

1.   Consider the lease of 1F Ashline Street, Wollert, to a community housing organisation for the purpose of delivering Affordable Housing in accordance with Section 115 of the Local Government Act 2020.

2.   Undertake a process of community engagement in respect to recommendation 1. above.

Brief overview

This report presents the outcomes of the investigation into using suitable Council-owned land for Affordable Housing as an opportunity to address the critical undersupply in the municipality. As a priority, Council could facilitate Affordable Housing at 1F Ashline Street, Wollert, via a long-term lease to a community housing organisation. It is recommended that Council undertake a community engagement process on this proposal.

rationale for recommendation

It is recommended that suitable Council-owned land be considered for the use of Affordable Housing as an opportunity to address the critical undersupply in the municipality and provide additional ‘Local Housing for Local People’.

There are currently an estimated 3,800 households (4.8%) with an unmet need for Affordable Housing in the City of Whittlesea. This need will continue to increase with the growing population and the increasing cost of housing in the municipality.

Previous community consultation has confirmed the community’s desire for Social and Affordable Housing (SAH), and for Council to take more action to increase the supply of Affordable Housing in the municipality. (Council Plan Consultation Findings, 2021 and Whittlesea 2040 Community Vision Consultation, 2018). 

This proposal responds to Council’s commitment under the City of Whittlesea Social and Affordable Housing Policy which states that Council ‘actively encourages and facilitates the provision of affordable, accessible and appropriate housing for very low, low and moderate income households across the municipality.’ Key action areas for Council identified in the Policy are to increase the supply of social and affordable housing.  

The most suitable option for facilitating Affordable Housing on Council-owned land in the short term is at 1F Ashline Street, Wollert.

As the site was vested to Council as part of a development contributions process, it is recommended that the land be leased to a community housing organisation to develop and manage Affordable Housing. A map of 1F Ashline Street, Wollert is at Attachment 1.  

impacts of recommendation

Additional Affordable Housing will deliver a significant community benefit and address a critical undersupply in the City of Whittlesea and provide additional ‘Local Housing for Local People’.

Evidence shows that housing affordability is a significant issue in the municipality, with many households on lower incomes unable to afford rental properties and high proportions of households experiencing housing stress. For example, in the City of Whittlesea:

·    One third of households renting are experiencing housing stress (33.8%). For people with low and very low incomes this rate is much higher (69% and 90% respectively). 

·    22.8% of households are classified as having very low incomes.

·    Only 0.3% of rental properties were affordable for very low-income households in the 12 months to Dec 2020. In the Epping North/Wollert Area, there were no (0.0%) rental properties available for very low-income households over this period.

·    Overall, 16% of households experience housing stress which impacts people’s health and wellbeing and diminishes the local economy.

Increasing Affordable Housing has widespread benefits in terms of improving health and wellbeing outcomes, unlocking productivity savings and boosting economic activity.

Affordable Housing is an essential part of the housing system in Australia. It provides housing for vulnerable people, as well as key workers with low and moderate incomes, whose jobs are essential to the functioning and liveability of the municipality, including childcare, health care and aged care workers, hospitality and retail staff, service industry staff and delivery personnel.

The Victorian Government Big Housing Build funding program creates a current opportunity to leverage investment in the municipality for Affordable Housing outcomes, as the City of Whittlesea has been identified as a priority area.  

what measures will be put in place to manage impacts

Council have investigated the use of Council-land for facilitating additional Affordable Housing in the municipality, with 1F Ashline Street, Wollert being identified as the priority site.

The lease of this property to a community housing organisation would deliver additional Affordable Housing dwellings in Wollert, which currently has no affordable rentals for household with very-low incomes and significantly lower than average access to affordable housing (0.7% of households, compared with 2.6% for Greater Melbourne).

The proposal to lease the site at 1F Ashline Street Wollert, as opposed to the sale, maintains public ownership of the land into the future whilst realising a significant community benefit during the lease period. The maximum lease period proposed for this land is 50 years.

This report recommends undertaking a process of community engagement on the proposal to lease 1F Ashline Street, Wollert. The community engagement process would involve informing the community about the proposal, including possible development outcomes, and opportunities to provide their views.

 

Report

Introduction

The purpose of this report is to present the outcomes of the investigation into using Council-owned land for Affordable Housing. There is an opportunity for Council to make a meaningful contribution to increasing Affordable Housing in the municipality by using appropriate Council-owned land and provide additional ‘Local Housing for Local People’.

The Victorian Government Big Housing Build program creates a current opportunity to secure investment in Affordable Housing proposals. The City of Whittlesea has been identified as a priority area for this program.

This report recommends as a priority that Council consider the lease of 1F Ashline Street, Wollert, for Affordable Housing and undertake a process of community engagement on the proposal in accordance with Section 115 of the Local Government Act 2020. 

Following community engagement, Council can consider the community’s views and decide whether to lease the land to a community housing organisation. As part of that decision, the Council will determine the process for selecting a community housing organisation. It is anticipated that the Council would work in partnership with the chosen community housing organisation to develop a proposal and seek funding as part of the Big Housing Build program.

Background

Definitions

Affordable Housing

A definition of Affordable Housing is included in the Planning and Environment Act 1987. It is housing (rent or purchase) that is appropriate for households on very low to moderate incomes. It includes social housing, affordable rental and affordable homeownership.

Social housing is provided to households who are on the Victorian Housing Register. Rents for social housing are set to ensure the households can afford it, usually no more than 25-30% of household income. The term social housing includes public housing and community housing. 

Public housing is owned and managed by the State Government and is not proposed for this project. 

Community housing

This report recommends Council consider leasing 1F Ashline Street, Wollert, to a community housing organisation that would develop and manage the housing.

Community housing organisations are highly regulated by the State Government, not-for-profit organisations that specialise in housing a diverse range of tenants. Because of their not-for profit structure, they can deliver services cost effectively and to high standards. (Source: Victorian Government, https://www.vic.gov.au/homes-victoria-housing-explainer)

The community housing sector delivers Affordable Housing options to eligible households on the Victorian Housing Register as well as direct referrals. Community housing organisations can provide affordable rental and affordable home-ownership options to eligible households. For this project, affordable homeownership would not be provided as the property would be leased, not sold.     

 

Community housing usually provides long-term accommodation for families and individuals who cannot afford to rent in the private rental market.

For more information on Affordable Housing, refer to the ‘Housing continuum in Australia’ at Attachment 2.   

Role of Local Government in Affordable Housing provision

All three tiers of government directly influence housing outcomes. Local governments play a pivotal role in land use planning and housing provision. Local governments in Victoria have an important, although limited, role in promoting and encouraging Affordable Housing development. There is diversity across the Local Government sector in the role and level of intervention taken to facilitate Affordable Housing within respective municipal areas.

The City of Whittlesea Social and Affordable Strategy clearly articulated its role to influence and encourage the provision of Affordable Housing. These roles are:

1. Planning:

Social and Economic: including reviewing, analysing and assessing characteristics of the population and environment to determine the demand for Affordable Housing and associated services.

Land Use Planning: includes policy and strategies in the Planning Scheme, Municipal Strategic Statement (MSS) and structure plans to encourage and promote the development of Affordable Housing and designate preferred areas for the location of Affordable Housing.

2. Facilitate and Partner: includes assessing the availability and suitability of Council and/or government-owned land for Affordable Housing and the provision of incentives to stimulate and/or support affordable and social housing development. This report directly relates to this role.

3. Inform and Engage: includes the education and promotion of good practice to residents, businesses and community organisations. It also includes referral and reporting of issues that affect the housing market, such as population and housing market analysis to businesses, residents and community organisations and other tiers of government. It can encompass promoting partnerships between social housing and private sector housing developers.

4. Advocate: includes consultation, coordination and promotion of Affordable Housing needs and options for delivery to government, business and community, forums and reviews.

Context

Council and the community have confirmed the importance of providing Affordable Housing in achieving ‘A place for all’ through Whittlesea 2040 and through our longstanding leadership in this policy space.

The current Social and Affordable Policy and Strategy was developed in recognition of Council’s role in supporting people’s access to safe, secure and affordable housing. The Policy states that Council ‘actively encourages and facilitates the provision of affordable, accessible and appropriate housing for very low, low and moderate income households across the municipality.’

The SAH Strategy and Policy are currently being refreshed to bring it in line with current evidence and policy. Community consultation will be undertaken as part of updating this policy and strategy.

While Council has an essential role in facilitating Affordable Housing, in the past, there have been significant limitations to delivering on-the-ground outcomes due to minimal State and Federal Government funding and the ‘voluntary’ nature of planning provisions.

Between the 2011 and 2016 Census, when there was limited Federal and State government investment, 58 additional affordable housing dwellings were added in the City of Whittlesea out of a total of 14,813 new households (0.4%). T

here continues to be a low level of Affordable Housing across the municipality, and demand far outstrips supply. That gap will continue to increase with the growing population. There are currently around 3,800 households (4.8%) with an unmet need for Affordable Housing in the municipality.  

Only 0.3% of rental properties were affordable for very low-income households in the 12 months to Dec 2020. In the Epping North/Wollert Area, there were no (0.0%) rental properties available for very low-income households over this period. The rate of affordable housing provision in Wollert is far lower than average (0.7% of households, compared with 2.6% for Greater Melbourne).

Notwithstanding the funding environment, Council has in more recent years delivered significant Affordable Housing outcomes in terms of policy, advocacy and partnerships, including:

·    The successful negotiation of Affordable Housing provisions at 215 Cooper Street, Epping, that will deliver approximately 300 Affordable Housing dwellings on privately-owned land. The first stage of development, comprising 151 dwellings to be owned and managed by community housing organisation, Haven Home Safe, has commenced construction with completion scheduled for 2022.

·    A partnership with Hope Street Youth and Family Services to lease Council land in South Morang for a youth crisis accommodation facility.

·    Evidence-based advocacy material on priority State-owned land opportunities.

·    An Affordable Housing Toolkit was developed to assist officers with the negotiation of voluntary affordable housing agreements. It has already been used to secure an agreement for a development site in Mill Park, as part of Amendment C236 for 5 per cent of dwellings to be offered to a community housing organisation at a significant discount to market value.

·    The Delivering Social Housing in Growth Areas partnership project with Hume and Mitchell Councils has improved the three Council’s capacity to advocate and facilitate the development of Affordable Housing across the Northern Growth corridor. This project led to the implementation of consistent provisions for Affordable Housing in new Precinct Structure Plans (PSP), including the Shenstone Park PSP.

·    Joint advocacy with housing service partners, as members of the Whittlesea Housing and Homelessness Action Group, including submissions to the Parliamentary Inquiry into Homelessness in Victoria and the Victorian Government 10 Social and Affordable Housing Year Strategy.

A renewed commitment from the State Government in Affordable Housing brings significant opportunities to increase supply in the City of Whittlesea.

Victorian’s Big Housing Build

The State Government have announced a $5.3 billion Big Housing Build (BHB) program to deliver 12,000 new social and affordable housing dwellings throughout Victoria over the next four years. The City of Whittlesea has been identified as a priority local government area (LGA).

This unprecedented investment provides significant opportunities to fund and deliver social and affordable housing projects in partnership with Councils, industry and the private sector on public and privately-owned land.

The BHB has already funded 33 new social housing dwellings in the City of Whittlesea through the Spot Purchase Program, and 16 supported independent living homes in the City of Whittlesea for people with enduring mental illness.

The next round of funding for projects led by the community housing sector is expected to open in late 2021 (pending further information from Homes Victoria). The scope and timing of BHB funding rounds beyond 2021 have not yet been announced.

The State Government is also preparing the ‘10 Year Social and Affordable Housing Strategy for Victoria’. City of Whittlesea made a submission to the strategy consultation process in April 2021. The strategy is expected to be released in late 2021.  

Proposal

There is an opportunity for Council to make a meaningful contribution to increasing Affordable Housing in the municipality by using appropriate Council-owned land. It is proposed that 1F Ashline Street, Wollert, be considered for the development of Affordable Housing as a priority. This site has been independently assessed as being suitable for Affordable Housing based on proximity to services and public transport, and development potential.

It is recommended that Council consider offering this property to a community housing organisation via a long-term, nominal lease to deliver Affordable Housing. The maximum lease period that Council can enter into for this land is 50 years.

It is proposed that Council develop this site through a partnership approach with a community housing organisation, with the whole site would being used for Affordable Housing.

Contributing this site for Affordable Housing would help address the significant current shortfall in the municipality. The Victorian Government Big Housing Build (BHB) funding program provides an opportunity to facilitate this project. 

Site overview

·    5,000 m2, vacant block of serviced land, General Residential 1 zoned.

·    There is no significant vegetation on the site.

·    Surrounded by small scale residential development and located opposite a new Wollert East P-12 school.

Opportunity and key considerations

·    The proximity to Wollert East P-12 school offers an ideal opportunity for the location of Affordable Housing. The school is categorised as an ‘inclusive school’, meaning it has extra provisions to cater for students with disabilities and additional needs. The tenant cohort selected for this housing is likely to include households who would most benefit from living near the school, for example, families with school-aged children.    

·    The planning provisions for the site allow for buildings of up to 3 storeys (approx. 11m). In keeping with the residential built form of the area, the development would primarily be one or two-story dwellings on the two residential streets, with the possibility of using some of the land for three story housing on Highpark Drive facing the school.

·    As the site was vested to Council as part of a development contribution, it is recommended the land be leased, not sold.

·    The site was initially set aside for a community facility. The community facility has since been relocated and is under construction on the adjoining Wollert East school site. The land has therefore become available for alternate community use, such as Affordable Housing.

·    The site is a single title, and no further subdivision would be required as part of a leasehold development.

Consultation

Community consultation findings

Findings from for Whittlesea 2040 consultation showed the community want better access to affordable, quality homes for diverse households. Responses highlighted the need for a variety of housing options, including cheaper and more affordable quality housing and having more public/social housing options, including emergency housing.

Recent community consultation in 2021 reinforced the need for better access to Affordable Housing. As part of the Council Plan consultation, there was an option to provide feedback on this issue. Of the 54 respondents to these consultation questions, 70 to 75 per cent agreed with the statements:

·    There should be more social and affordable housing for households with low to moderate incomes in the City of Whittlesea.

·    There should be more housing services in the City of Whittlesea to support people to access affordable housing.

·    Council should take action to increase the supply of social and affordable housing within the City of Whittlesea.

The Council Plan consultation with service providers also showed that ‘access to appropriate and affordable housing’ is a top priority for achieving our community vision for ‘Liveable Neighbourhoods’.

Community Engagement

A process of community engagement is proposed to be undertaken to seek community views on the proposal to lease 1F Ashline Street, Wollert for Affordable Housing.

Consultation is proposed to occur between September and October 2021 and be promoted through Council’s communication channels, local media and direct correspondence with surrounding residents and property owners.

At this stage of consultation, the community will have the opportunity to provide feedback on:

·    Whether the land should be leased for community housing   

·    The design principles that should be considered to ensure any proposed development positively contributes to the neighbourhood character and minimises any potential impacts on neighbouring properties. This may include matters such as building height, interfaces, landscaping/trees, access/parking and street surveillance.

Following the first phase of community engagement, if Council recommends leasing the land, a second stage of community engagement will be undertaken on the proposed design/plans of the development once drafted with the community housing partner. Feedback from this engagement phase would be considered as part of the final design. The timing for this is expected to be mid to late 2022. 

Critical Dates

Timing of Big Housing Build (BHB) funding program:

The BHB is a four-year program between 2020 and 2024. The scope and timing of funding rounds beyond 2021 have not yet been announced.

As outlined in the table below, 1F Ashline Street Wollert could be ready for seeking funding by approximately early 2023. 


 

Expected Timing of the proposal to lease 1F Ashline Street, Wollert

Council meeting – resolve to consider the lease of 1F Ashline Street, Wollert

 6 September 2021

Undertake community consultation in line with the statutory requirements of considering the lease of land

September to October 2021

Council meeting to consider outcomes of community consultation, decide whether to lease the site and confirm the criteria for engaging a partner community housing organisation to lease the site

Late 2021 – Early 2022

 

Process of selecting a partner community housing organisation

Early 2022

Community consultation on proposed development plans

Mid to late 2022

Community housing partner to seek State Government funding

Early 2023

Construction – pending funding

Approximately 2025

Financial Implications

Existing internal resources will be used to manage this project. Financial implications primarily depend on the level of site analysis work undertaken prior to engaging a partner and any legal costs associated with the lease or sale of land.

All capital and operational funding for an Affordable Housing development would be funded by the State Government and/or a community housing organisation.

The estimated financial implications for 1F Ashline Street, Wollert are summarised in the table below.

Process

1F Ashline Street Wollert

Site analysis

Council may choose to undertake site analysis work to inform design with an estimated cost of $15K - $18K

Lease costs and

Legal fees

$25K - $40K

Policy strategy and legislation

Council have confirmed the importance of social and affordable housing (SAH) in achieving ‘A place for all’ through Whittlesea 2040 and through our longstanding leadership in this policy space.

This proposal responds to Council’s commitment under the City of Whittlesea Social and Affordable Housing Policy (Attachment 3), which states that Council ‘actively encourages and facilitates the provision of affordable, accessible and appropriate housing for very low, low and moderate income households across the municipality.’ Key action areas for Council identified in the Policy are to increase the supply of social and affordable housing.  

The Policy includes six key areas for Council action:

§ Plan for social and affordable housing

§ Increase the supply of social housing

§ Increase affordable private rental housing for low income households

§ Increase the access to affordable house purchase for moderate income households

§ Develop housing that matches the needs of the diverse population

§ Address the needs of people faced with a housing crisis

The Policy recognises that ‘every person has a right to affordable, adequate and appropriate housing to enable their participation and sense of belonging in community life.’  

The Whittlesea Planning Scheme, which implements the existing policy, states: “Council aims to achieve the inclusion of 5% social housing and 10% affordable housing in the structure planning of any established or greenfield housing development.” 

Council’s efforts in facilitating SAH are underpinned by a human rights framework and local governments obligations under the Victorian Charter of Human Rights and Responsibilities Act 2006, reflecting that the provision of adequate housing is an essential human need and right.

Key documents that intersect with Council’s SAH Policy and Strategy:

Whittlesea 2040 Vision: A place for all

Cou