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City of Kingston Ordinary Council Meeting
Agenda 28 June 2010
Notice is given that an Ordinary Meeting of Kingston City Council will be held at 7.00pm at the Cheltenham Office, 1230 Nepean Highway, Cheltenham, on Monday 28 June 2010. 1. Apologies 2. Confirmation of Minutes of Previous Meetings
Minutes of Ordinary Council Meeting 24 May 2010. 3. Foreshadowed Declaration by Councillors or Officers of any Conflict of Interest
[Note that any Conflicts of Interest need to be formally declared at the start of the meeting and immediately prior to the item being considered type and nature of interest is required to be disclosed if disclosed in writing to the CEO prior to the meeting only the type of interest needs to be disclosed prior to the item being considered.]
4. Petitions
Cr Staikos will table a petition from the residents of Patterson Lakes calling on Kingston Council to either redirect to Melbourne Water the windfall gain that they receive in rates from residents or reduce the rate collected by the amount directly attributable to the increased value of your property because of the amenity of the waterway.
5. Presentation of Awards
6. Reports from Village Committees 7. Reports from Delegates Appointed by Council to Various Organisations
8. Question Time 9. Environmental Sustainability Reports M 103 Town Planning Application Decisions May Page 5 M 104 KP 20/10 Rear of 278-281 Nepean Highway, Edithvale Page 11 M 105 KP 725/09 142 143 Nepean Highway, Aspendale Page 25 M 106 KP 605/09 290 Como Parade West, Parkdale Page 54 M 107 KP 752/09 26-40 Jean Street, Cheltenham Page 71 M 108 KP 512/09 836-854 Springvale Road, Braeside Page 104 M 109 Planning Scheme Amendment C109 (44 First Avenue, Chelsea Heights Page 112 M 110 Amendment C110 Rezone land at 642-660 Springvale Road and
369-385 Spring Road, Dingley Village to Green Wedge Zone 2 Page 122 M 111 Contract Report: CON 10/8 Concrete Paving and Kerb & Channel Page 126 M 112 Contract No 10/40 Devon Street, Cheltenham Road Reconstruction Page 129 M 113 Contract No 06/89 Proposed Extension of Open Space Mowing Service Page 131 M 114 SEITG Transport Strategy Page 134 M 115 Food Sample Analysis Page 137 10. Community Sustainability Reports M 116 Patterson River Secondary College Multi-purpose Sports Facility Page 154 M 117 Carrum Roy Dore Reserve Park Refurbishment Plan Page 158 11. Organisational Development & Governance Reports M 118 Expenditure of Ward Funds Schedule Page 162 M 119 Delegations Food Act 1984 Page 166 M 120 Council Plan 2010/11 Update Page 170 M 121 Endorsement of Local Government Womens Charter and Nomination Of Charter Champion Page 172
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12. Notices of Motion 13. Urgent Business 14. Items in Camera M 122 Lease of Vacant Room Adjoining Parkdale Kiosk M 123 Chiquita Park Prosecution Status
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6. Reports from Village Committees
PRESENTATION OF VILLAGE COMMITTEE REPORTS
6(a) Cheltenham Village Committee
Chairperson - Joe Astbury Report of Meeting held on 1 June 2010
Highlight: Presentation by Cheltenham Community Centre
6(b) Mordialloc Village Committee Chairperson - Allan Locke
Report of Meeting held on 1 June 2010 Highlight: The proposed meeting with VicRoads, Village Committee Members and
Council to discuss various issues.
6(c) Mentone/Parkdale Village Committee Chairperson Claire Houston
Report of Meeting held on 1 June 2010 Street Tree Pruning.
Village Committee Motion: The committee recommends that Council plant lower growing trees under powerlines and higher species on the opposite side, thus minimising pruning requirements. Officer Comment The City of Kingston has a Street Tree Management Plan in place which identifies every street within the municipality. It outlines street tree planting opportunities and recommends suitable tree species and appropriate planting styles. The aim of street tree planting within residential streets is to plant trees at regular intervals and at a density that will provide a sense of continuity and scale to the streetscape. A number of different styles of street tree planting are utilised throughout the municipality. These include formal avenue planting, indigenous group planting and power line planting. The ultimate style is dependent on existing street features, character, street type, dominant land use and planting space. The avenue effect of uniform species is the preferred planting style within the City where appropriate. Reducing the requirement to maintain trees under high voltage power lines is considered and assessed with each street. Council will continue to strike a balance between the ongoing pruning maintenance of street trees under powerlines and planting street trees to both provide a sense of scale and continuity and to also negate the requirement for future power line pruning. This is achieved by planting smaller species under powerlines when appropriate and by planting the avenue effect of uniform species within a streetscape. Council will also continue to undertake formative pruning of young street trees to assist in developing structurally sound street trees. This in turn reduces excessive pruning requirements around services and powerlines as the tree matures.
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Highlight: Highlight of the meeting was the very informative and interesting
presentation of the Mentone Structure Plan by Rosa Zouzoulas.
6(d) Clayton South Village Committee Chairperson Chris Frangopoulos
Report of Meeting held on 1 June 2010 Highlight: The presentations on community safety made at the meeting.
6(e) Patterson Lakes/Carrum Village Committee Chairperson Pat King
Report of Meeting held on 2 June 2010
Highlight: Committees decision to set aside first hour of next months meeting to review Village Committee roles and responsibilities.
6(f) Clarinda / Oakleigh South Village Committee
Chairperson David Oakley Report of Meeting held on 2 June 2010
Highlight: Mens Health and Wellbeing Workshop Series that Tony Misajon has
been attending. 6(g) Aspendale/Edithvale/Aspendale Gardens/Waterways Village Committee
Chairperson Ken Carney Report of Meeting held on 3 June 2010
Highlight: Beeson Reserve.
6(h) Chelsea/Chelsea Heights/Bonbeach Village Committee Chairperson Nigel McGillivray
Report of Meeting held on 9 June 2010 Highlight: Concerns regarding the missing trees in the northern carpark of the
Chelsea Safeway Redevelopment..
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9. Environmental Sustainability Reports M 103 Town Planning Application Decisions May 2010 Approved By: Tony Rijs-General Manager, Environmental Sustainability Author: Ian Nice Manager, Planning Attached for information is the report of Town Planning Decisions for the month of May 2010. A summary of the decisions is as follows:
Type of Decision Number of Decisions Made
Percentage (%)
Planning Permits 77 81 Notice of Decision 7 7 Refusal to Grant a Permit 5 5 Other - Withdrawn ( ) - Prohibited (0) - Permit not required (3) - Lapsed (3)
6 7
Total 95 100 (NB: Percentage figures have been rounded) Recommendation That the report be noted.
City of Kingston Ordinary Council Meeting
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Planning Decisions May 2010 APPL. No.
PROPERTY ADDRESS SUBURB
APPL. DATE
DATE DECIDED
PROPOSAL DESCRIPTION DECISION
KP-290/2009 1 Albany Crescent ASPENDALE 5/05/2009 3/05/2010
TWO DWELLINGS Permit Issued
KP-808/2007 1144-1148 Nepean Highway HIGHETT 11/10/2007 3/05/2010
B & W - WAREHOUSE / CAR PARK INCREASE Refused
KP-41/2010 11 Mason Drive BRAESIDE 22/01/2010 3/05/2010
MEZZANINE TO EXISTING FACTORY Permit Issued
KP-45/2010 40 Bayside Avenue EDITHVALE 29/01/2010 3/05/2010
DOUBLE STOREY DWELLING
Permit Not Required
KP-688/2009 3 51 Taunton Drive CHELTENHAM 20/10/2009 3/05/2010
MOTOR VEHICLE SALES Permit Issued
KP-77/2010 105-111 Balcombe Road MENTONE 16/02/2010 3/05/2010
ADVERTISING SIGNAGE Permit Issued
KP-170/2010 27 Crown Road BONBEACH 26/03/2010 4/05/2010 SECTION 24(A) PLAN Permit Issued
KP-710/2009 48 Albenca Street MENTONE 26/10/2009 4/05/2010
TWO (2) DWELLINGS
Notice of Decision
KP-218/2010 16A Clarevale Street
CLAYTON SOUTH 14/04/2010 4/05/2010
VERANDAH TO DWELLING Permit Issued
KP-724/2009 54 Tennyson Street HIGHETT 2/11/2009 4/05/2010
TWO (2) DWELLINGS Permit Issued
KP-205/2010 10 Esper Avenue OAKLEIGH SOUTH 14/04/2010 4/05/2010
TWO (2) LOT SUBDIVISION Permit Issued
KP-138/2010 5 Bayliss Court CHELTENHAM 16/03/2010 4/05/2010 TWO (2) LOT SUBDIVISION Lapsed
KP-193/2010 14 Marine Drive PATTERSON LAKES 8/04/2010 4/05/2010
SINGLE DWELLING
Permit Not Required
KP-165/2010 14-18 Chesterville Road CHELTENHAM 22/03/2010 4/05/2010
LIFT TO RETIREMENT VILLAGE Permit Issued
KP-215/2010 7 Nepean Highway ASPENDALE 19/04/2010 4/05/2010
TWO (2) LOT SUBDIVISION Permit Issued
KP-35/2010 67 McLeod Road CARRUM 25/01/2010 4/05/2010 Two (2) Lot Subdivision Permit Issued
KP-150/2010 47 Venice Street MENTONE 23/03/2010 5/05/2010 THREE (3) LOT SUBDIVISION Permit Issued
KP-830/2009 15 Helena Street CLAYTON SOUTH 16/12/2009 5/05/2010
TWO (2) LOT SUBDIVISION Permit Issued
KP-780/2009 31-39 Eighth Avenue
CHELSEA HEIGHTS 24/11/2009 6/05/2010
TWO (2) LOT SUBDIVISION Permit Issued
KP-130/2010 680 Nepean Highway CARRUM 12/03/2010 6/05/2010
TWO (2) LOT SUBDIVISION Permit Issued
KP-641/2009 10 Johnson Avenue CARRUM 29/09/2009 6/05/2010
TWO (2) DWELLINGS & TWO (2) LOT SUBDIVISION Permit Issued
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KP-609/2009 3 Genoa Street MOORABBIN 11/09/2009 10/05/2010 TWO (2) DWELLINGS Permit Issued
KP-28/2010 13-15 Chesterville Road CHELTENHAM 18/01/2010 10/05/2010
ADVERTISING SIGNAGE Permit Issued
KP-441/2009 7 Wellwood Road BONBEACH 10/07/2009 10/05/2010 EIGHT (8) DWELLINGS Refused
KP-33/2010 1 8 Elma Road CHELTENHAM 19/01/2010 11/05/2010 TWO (2) LOT SUBDIVISION Permit Issued
KP-139/2010 320-328 Wells Road
ASPENDALE GARDENS 16/03/2010 11/05/2010
ADVERTISING SIGNAGE Permit Issued
KP-662/2008 150-170 Old Dandenong Road HEATHERTON 16/07/2008 11/05/2010
ADVERTISING SIGNAGE Permit Issued
KP-357/2009 62 Albany Crescent ASPENDALE 3/06/2009 11/05/2010
SATELITTE DISH Permit Issued
KP-216/2010 8 Francis Street MORDIALLOC 19/04/2010 11/05/2010 TWO (2) LOT SUBDIVISION Permit Issued
KP-393/2006/A 43 Elsie Grove EDITHVALE 31/03/2010 11/05/2010 TWO (2) DWELLINGS Permit Issued
KP-764/2009 283 Chesterville Road MOORABBIN 20/11/2009 12/05/2010
RESIDENTIAL BUILDING Lapsed
KP-825/2008/A 128 Chute Street MORDIALLOC 3/03/2010 13/05/2010
SPECIAL BUILDING OVERLAY - CONSTRUCT A SINGLE STOREY BUNGALOW Lapsed
KP-103/2010 32 Tarella Road CHELSEA 2/03/2010 14/05/2010 THREE (3) LOT SUBDIVISION Permit Issued
KP-783/2009 114 Devon Street CHELTENHAM 26/11/2009 14/05/2010 TWO (2) DWELLINGS Permit Issued
KP-107/2010 18 Lara Place PATTERSON LAKES 1/03/2010 14/05/2010
SINGLE DWELLING Permit Issued
KP-261/2008/A 21 Henry Street HIGHETT 9/02/2010 17/05/2010 2 DWELLINGS Permit Issued
KP-417/2006/C 200-208 Boundary Road BRAESIDE 4/05/2010 17/05/2010
TWENTY SIX (26) LOT SUBIVISION Permit Issued
KP-683/2009 2 Foy Lane CHELSEA 15/10/2009 17/05/2010 TWO (2) DWELLINGS Permit Issued
KP-665/2009 31 Woodbine Grove CHELSEA 8/10/2009 17/05/2010
CHILD CARE CENTRE Permit Issued
KP-91/2010 19-23 Park Way BRAESIDE 23/02/2010 17/05/2010
BUILDINGS & WORKS TO EXSITING FACTORY/WAREHOUSE Permit Issued
KP-65/2010 26 Acacia Crescent
PATTERSON LAKES 10/02/2010 17/05/2010
REPLACE EXISTING JETTY Permit Issued
KP-124/2009 1 Newington Parade CHELSEA 2/03/2009 17/05/2010
THREE DWELLINGS / 3 LOT SUB Permit Issued
KP-499/2009 1 Monica Avenue BONBEACH 27/07/2009 17/05/2010 TWO (2) DWELLINGS
Notice of Decision
KP-697/2009 16 Byron Street CLAYTON SOUTH 26/10/2009 17/05/2010
TWO (2) DWELLINGS Permit Issued
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KP-667/2009 40 Matthieson Street HIGHETT 12/10/2009 17/05/2010
TWO (2) DWELLINGS Permit Issued
KP-183/2010 1 Henry Street HIGHETT 8/04/2010 17/05/2010 THREE (3) LOT SUBDIVISION Permit Issued
KP-687/2009 13 Merlyn Avenue
CLAYTON SOUTH 19/10/2009 17/05/2010
TWO (2) DWELLINGS Permit Issued
KP-200/2010 41 Warren Road PARKDALE 8/04/2010 17/05/2010 TWO (2) LOT SUBDIVISION Permit Issued
KP-846/2009 11 Roseberry Avenue CHELSEA 22/12/2009 18/05/2010
TWO (2) DWELLINGS
Notice of Decision
KP-604/2009 2-4 Henley Court MOORABBIN 10/09/2009 18/05/2010 CREATE FIRE ESCAPE Permit Issued
KP-506/2009 22 Flinders Street MENTONE 31/07/2009 20/05/2010
TWO DWELLINGS / TWO LOT SUBDIVISION Permit Issued
KP-549/2009 28 Shipston Road CHELTENHAM 19/08/2009 20/05/2010
TWO (2) DWELLINGS
Notice of Decision
KP-591/2009 96 Flinders Street MENTONE 3/09/2009 21/05/2010 BUILDINGS AND WORKS Permit Issued
KP-351/2009 8 Reid Street PARKDALE 28/05/2009 21/05/2010 THREE (3) DWELLINGS
Notice of Decision
KP-871/2008 7-13 Johnson Avenue CARRUM 18/09/2008 21/05/2010
NEW THREE (3) LEVEL BUILDING COMPRISING FUNCTION CENTRE AND RESTAURANT Permit Issued
KP-256/2010 1 35 Jean Street CHELTENHAM 2/05/2010 21/05/2010
BUILDINGS & WORKS - NEW FENCE Permit Issued
KP-240/2010 39 Eighth Avenue CHELSEA HEIGHTS 27/04/2010 21/05/2010
CREATE A RESERVE Permit Issued
KP-177/2010 126 Ella Grove EDITHVALE 30/03/2010 24/05/2010
DWELLING EXTENSION - ON LAND DESIGNATED LSIO Permit Issued
KP-692/2009 10 Roseberry Avenue CHELSEA 20/10/2009 24/05/2010
TWO (2) DWELLINGS Permit Issued
KP-477/2005 10 Hadkinson Street
CLAYTON SOUTH 14/07/2005 24/05/2010
TWO (2) DWELLINGS Permit Issued
KP-76/2010 29 Florence Street MENTONE 16/02/2010 24/05/2010
BUILDINGS & WORKS TO MOTOR VEHICLE MOTOR VEHICLE REPAIRS SHOP Permit Issued
KP-87/2010 19/02/2010 24/05/2010 JETTY Permit Issued
KP-668/2009 21 Hillston Road MOORABBIN 12/10/2009 24/05/2010 TWO (2) DWELLINGS Permit Issued
KP-742/2009 75 Station Street ASPENDALE 2/11/2009 24/05/2010 TWO (2) LOT SUBDIVISION Permit Issued
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KP-8/2010 13 Elder Street CLARINDA 8/01/2010 25/05/2010 TWO (2) DWELLINGS Permit Issued
KP-42/2010 21 Dactyl Road MOORABBIN 25/01/2010 25/05/2010 TWO (2) DWELLINGS Permit Issued
KP-147/2010 1 Mason Drive BRAESIDE 17/03/2010 25/05/2010 TWO (2) LOT SUBDIVISION Permit Issued
KP-181/2010 14 Hadkinson Street
CLAYTON SOUTH 1/04/2010 25/05/2010
TWO (2) LOT SUBDIVISION Permit Issued
KP-281/2010 16 Berry Avenue EDITHVALE 11/05/2010 25/05/2010 TWO (2) LOT SUBDIVISION Permit Issued
KP-708/2009/A
25 102-114 Gladesville Boulevard
PATTERSON LAKES 24/03/2010 26/05/2010
LIQUOR LICENCE Permit Issued
KP-164/2010 11 Foam Street ASPENDALE 25/03/2010 26/05/2010 TWO (2) DWELLINGS Permit Issued
KP-261/2010 1040 Nepean Highway MOORABBIN 5/05/2010 26/05/2010
TWO (2) LOT SUBDIVISION Permit Issued
KP-196/2010 101-105 Wells Road
ASPENDALE GARDENS 6/04/2010 26/05/2010
BUILDINGS & WORKS Permit Issued
KP-1157/2008/A 9 Coolac Street CHELTENHAM 21/05/2010 26/05/2010
2 LOT SUBDIVISION Permit Issued
KP-707/2009 23 Nicholas Grove HEATHERTON 26/10/2009 26/05/2010
TWO (2) DWELLINGS Permit Issued
KP-308/2010 32-64 Linton Street MOORABBIN 21/05/2010 26/05/2010
TEMPORARY BUILDING TO BE SITUATED TO FRONT OF EXISTING BUILDINGS Permit Issued
KP-118/2010 1 Maxwell Court MOORABBIN 5/03/2010 26/05/2010 TWO (2) DWELLINGS Permit Issued
KP-761/2009 460 Haughton Road
CLAYTON SOUTH 19/11/2009 26/05/2010
THREE (3) DWELLINGS Permit Issued
KP-274/2010
Unit 1 50 Rosewarne Avenue CHELTENHAM 10/05/2010 26/05/2010
CONSTRUCT AN EXTENSION TO A DWELLING ON A LOT LESS THAN 300sqm Permit Issued
KP-301/2010 77-83 Nurten Parade
ASPENDALE GARDENS 17/05/2010 26/05/2010
SECTION 24A PLAN Permit Issued
KP-716/2009 19 Pier One Drive
PATTERSON LAKES 29/10/2009 26/05/2010
SINGLE DWELLING Permit Issued
KP-242/2010 6 Blackwood Avenue MENTONE 28/04/2010 27/05/2010
TWO (2) LOT SUBDIVISION Permit Issued
KP-141/2009 19 Patterson Street BONBEACH 11/03/2009 27/05/2010
TWO (2) DWELLINGS Permit Issued
KP-12/2010 5 282-284 Chesterville Road MOORABBIN 13/01/2010 27/05/2010
CHANGE OF USE - DANCE SCHOOL Permit Issued
KP-241/2009 26 Tennyson Street CARRUM 15/04/2009 27/05/2010
TWO (2) DWELLINGS Permit Issued
KP-148/2010 13 Glennie Avenue
OAKLEIGH SOUTH 18/03/2010 27/05/2010
TWO (2) DWELLINGS Permit Issued
KP-875/2008
Office Ground 1001 Nepean Highway MOORABBIN 22/09/2008 27/05/2010
ADVERTISING SIGNAGE Refused
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KP-154/2010 6 Simpson Street MOORABBIN 22/03/2010 28/05/2010
ALTS AND ADDS TO EXISTING FACTORY/WAREHOSUE Permit Issued
KP-111/2010 1242A Centre Road
CLAYTON SOUTH 3/03/2010 28/05/2010
CREATE ACCESS (CROSSOVER) IN A ROAD ZONE CATEGORY 1 Refused
KP-253/2010 28 Wordsworth Avenue
CLAYTON SOUTH 3/05/2010 28/05/2010
FOUR (4) LOT SUBDIVISION Permit Issued
KP-249/2010 6 Sunset Close WATERWAYS 30/04/2010 28/05/2010 SINGLE DWELLING Permit Issued
KP-230/2010 5 Spoonbill Place WATERWAYS 21/04/2010 28/05/2010 SINGLE DWELLING Permit Issued
KP-252/2010 13 Marine Drive PATTERSON LAKES 3/05/2010 31/05/2010
CONSTRUCT A DWELLING
Permit Not Required
KP-278/2010 25 Frank Avenue CLAYTON SOUTH 12/05/2010 31/05/2010
CONSTRUCT AN EXTENSION TO A DWELLING ON LAND DESIGNATED WITHIN A SPECIAL BUILDING OVERLAY Permit Issued
KP-58/2010 149 Farm Road HEATHERTON 5/02/2010 31/05/2010
BUILDINGS & WORKS TO EXISTING BUIDLINGS Refused
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M 104 KP 20/10 Rear of 278-281 Nepean Highway, Edithvale APPLICANT Vladimir Chernov ADDRESS OF LAND Part No. 278-281 (Lots 11 and 12 on PS4920) Nepean
Highway, Edithvale PROPOSAL The development of the site for sixteen (16) dwellings
and a basement carpark PLANNING OFFICER Nikki Taylor REFERENCE NO. KP-20/2010 DATE RECEIVED 14 January 2010 STATUTORY DAYS EXPIRY 18 May 2010 ZONE Business 1 Zone OVERLAYS Design and Development Overlay Schedules 1 and 7 RESTRICTIVE COVENANTS ON THE TITLE?
No
CURRENT USE AND DEVELOPMENT
Vacant
OBJECTIONS 14 (1 objector submitted 2 objections), 1 letter of support
RESIDENTIAL POLICY AREA
N/A
CONSIDERED PLAN REFERENCES/DATE RECEIVED
Dated 3/03/10
1.0 RECOMMENDATION 1.1 That a Notice of Decision to Grant a Permit be issued subject to conditions
outlined below. These conditions include the provision of greater articulation in the form of setbacks and materials used, which will reduce the impact of visual bulk upon the streetscape and, importantly, on the adjoining residential property to the south of the subject site. These changes will also ensure the development is more consistent with the Design and Development Overlay Schedule 1 Urban Coastal Height Control, Clause 43.02 of the Kingston Planning Scheme.
2.0 KEY ISSUES 2.1 The key planning issues arising from this proposal relate to:
Traffic considerations Neighbourhood character Amenity impact (internal and external) Overlay compliance Any areas of non-compliance with ResCode
3.0 PROPOSAL
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3.1 It is proposed to construct an apartment building on the site comprising sixteen (16) dwellings and basement car parking.
3.2 Development summary: Development Assessment Table Criteria Planning Scheme Requirement Proposed Development Provision Private
Open Space No specific requirement as site located within Business 1 Zone
Dwelling 1 26.5m Dwelling 2 61m
Dwelling 3 73.5m Dwelling 4 36m Dwelling 5 36m
Dwelling 6 74.5m Dwelling 7 31m
Dwelling 8 26.5 m Dwelling 9 92.5m (including roof terrace) Dwelling 10 84m (including roof terrace) Dwelling 11 84m (including roof terrace)
Dwelling 12 92.5m (including roof terrace) Dwelling 13 92.5m (including roof terrace) Dwelling 14 73.5m (including roof terrace) Dwelling 15 73.5m (including roof terrace) Dwelling 16 92.5m (including roof terrace)
Car Parking Two (2) spaces for each dwelling
(pursuant to Clause 52.06). 19 residential car parking spaces and 4 visitor spaces (total of 23 spaces)
Dwelling Setback to
Street
No specific requirement as site located within Business 1 Zone
Minimum street setback to Bank Road 3 metres Minimum street setback to Turakina Avenue 4
metres Site
Coverage No specific requirement as site located within Business 1 Zone
Site coverage is 67% at basement level and 60% above basement.
3.3 The proposal has an overall site coverage of 67 percent at basement level and 60
percent above the basement. It has a permeability percentage of 27. 3.4 The development will comprise:
Ground level eight (8) x two bedroom dwellings with a central entry/circulation area accessed via Turakina Avenue;
Level 1 eight (8) x two bedroom dwellings; Roof eight (8) x roof terraces of approximately 60m2 each;
Car parking will be provided within a basement accessed via the south-east corner of the site (Turakina Avenue) comprising 19 residential car parking spaces and 4 visitor spaces. Dwellings 9, 10 and 11 are provided with 2 car parking spaces whilst the remaining dwellings are provided with 1 car parking space.
Private open space is provided in the form of ground floor courtyards of various sizes ranging from 26.5m2 for dwellings 1 and 8, 31m2 for dwelling 7 with these
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courtyards facing Turakina Avenue and36m2 74.5m2 for dwellings 2, 3, 4, 5 and 6. The first floor dwellings will rely on balconies of minimal areas and the roof terraces. It is proposed to construct the building largely comprising rendered finishes in colours which have not been nominated.
4.0 SITE & SURROUNDS 4.1 The subject site comprises a 1288m2 allotment on the south side of Bank Road and
the east side of Turakina Avenue, Edithvale. It is part of the Gales Marine site which was previously used for the sale of boats and was previously a larger site running from Nepean Highway through to Turakina Avenue, Edithvale. The site is currently vacant and does not contain any vegetation. The site is not encumbered by any easements. There appears to be no restrictions listed on the Certificate of Title.
4.2 Vehicle access to the site is currently via a single width crossover located on the
north-east side of the sites Bank Road frontage. 4.3 The main site/locality characteristics are:
To the west of the site, on the opposite side of Turakina Avenue, are two (2) x
double storey apartment buildings comprising eight (8) dwellings at No. 8 Bank Road and a double storey dwelling at No. 6 Turakina Avenue.
To the south of the site, at No. 3A Turakina Avenue, is a double storey, semi-detached dwelling which directly abuts the subject site.
To the north of the site, on the opposite side of Bank Road at No. 3 Bank Road, is a double storey dwelling and at No. 1 Bank Road is a double storey dwelling which is part of a three (3) dwelling development.
To the east of the site is vacant land, which is also previously part of the Gales Marine site.
5.0 TITLE DETAILS 5.1 The Permit Applicant has completed the planning application form declaring that
there is no restrictive covenant on the title. 6.0 PLANNING PERMIT REQUIREMENTS 6.1 Pursuant to Clause 34.01 Business 1 Zone, a planning permit is required to
construct buildings and works an to use for dwelling (if the frontage at ground floor level exceeds 2 metres).
6.2 Pursuant to Clause 43.02 Design and Development Overlay, a planning permit is required to construct a building or construct and carry out works.
7.0 RELEVANT HISTORY 7.1 Council records indicate that there is no relevant planning history relating to this part
of the site. It should be noted that a planning permit, KP536/07 was issued on 15
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September 2008 for the creation of a carriageway easement for land further to the east of the land proposed to be developed under this application.
7.2 Further, it should be noted that an application, KP1011/07 to develop the whole of the
site for a combination of retail (supermarket) and residential was lodged and advertised in 2007 but was later withdrawn by the applicant.
8.0 ADVERTISING 8.1 The application has been advertised pursuant to Section 52 of the Planning and
Environment Act 1987, by: Sending notices to the owners and occupiers of adjoining land
Placing signs on site The notification has been carried out correctly. A total of fourteen (14) objections have been received in respect to the development. One objector submitted two objections. The grounds of objection raised can be characterised as follows: Car Parking Provision/Traffic Concerns/Access Overdevelopment/Building Bulk Amenity Impacts Upon Surrounding
Properties/Overlooking/Overshadowing/Noise (Roof terraces) Fencing issues
Council also received one (1) letter of support for the application.
9.0 PRELIMINARY CONFERENCE 9.1 A preliminary conference was held on 5 May 2010, with the relevant Planning
Officer, one Ward Councillor, the Permit Applicant and a number of objectors in attendance. The above-mentioned issues were discussed at length, however, no resolution of the issues was reached at the meeting.
10.0 REFERRALS 10.1 The following internal and/or external referral departments were notified:
Referrals/Notice Advice/Response/Conditions Section 55 Referrals None required.
Internal Council Referrals
Advice/Response/Conditions
Vegetation Management Officer
No objection to the application subject to the inclusion of standard conditions.
Drainage Engineer No objection subject to the inclusion of various conditions. Roads and Drains No objection subject to the inclusion of conditions on any
permit issued relating to the construction of the crossover and
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the maintenance of the footpath. Traffic Engineer No objection raised.
11.0 ASSESSMENT AGAINST THE RELEVANT PROVISIONS OF THE
KINGSTON PLANNING SCHEME
State Planning Policies Clause 12 Metropolitan Development - Includes objectives and strategies for
Metropolitan Melbourne.
Clause 14 Settlement - Encourages consolidation of residential activities, with development being respectful of neighbourhood character.
Clause 16.02 Housing - Encourages well-designed medium density housing that respects the character of the neighbourhood and improves housing choice, use of infrastructure and energy efficiency.
Clause 19.03 Design and Built Form - Encourages architectural and Urban Design outcomes that contribute positively to local Urban Character.
It is considered that the proposal is generally consistent with the above policies. The sites location within close proximity to Edithvale Railway Station and associated bus services, together with its proximity to the Edithvale Neighbourhood Activity Centre, makes it a suitable site for a redevelopment of this type.
Municipal Strategic Statement Clause 21.06 Retail and Commercial Land Use - The subject site is located in a
Neighbourhood Activity Centre as identified in the MSS. The strategic direction for these centres includes promoting a wider mix of commercial, retail, residential and community facilities to enhance their attractiveness as local community centres.
Further, built form should be consistent with neighbourhood character.
Local Planning Policies
Clause 22.11 Residential Development Policy is applicable to residential development including two or more dwellings on a lot. However, this policy does not specifically give guidance where residential development is proposed within Business Zones.
The objective of this policy is to promote a managed approached to residential development through identifying areas most suited to increased housing diversity, incremental change, residential renewal and minimal change. The policy also seeks to ensure appropriate design outcomes are achieved which will result in a reasonable level of amenity for future dwelling occupants, neighbouring properties and the environment.
Zoning Clause 34.01 Business 1 Zone seeks to provide for the intensive development
of business centres for retailing and other complementary commercial, entertainment and community uses. It should be noted that whilst the subject site is located within a Business 1 Zone, it is proposed to develop the site for only residential development.
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The schedule to the Business 1 Zone nominates a maximum leasable floor area for office, shop and trade supplise. As the proposal does not seek to accommodate these uses, it is considered that the schedule is not applicable to the proposed development.
Overlays The site is included within the Design and Development Overlay, Clause 43.02 of
the Kingston Planning Scheme Schedule 1, Urban Coastal Height Control Area. The objectives of this schedule include ensuring that new buildings, works, renovations and extensions are compatible with the surrounding buildings and natural features, and sympathetic to the surrounding natural landscape and environment as well as relating building heights, building bulk and setbacks to adjoining sites so that they are compatible with and enhance the appearance and character of the immediate locality.
Clause 43.02 Design and Development Overlay Schedule 7 relates to foreshore setbacks. As the subject site does not abut the foreshore, it is considered that the requirements of this overlay do not apply, in this instance.
Particular Provisions Clause 55 (Two or More Dwellings on a Lot & Residential Buildings) the
purpose of which is to implement the SPPF, MSS and Local Planning Policies, to achieve residential development which respects neighbourhood character, is site responsive and provides a reasonable level of amenity for surrounding properties and future dwelling occupants. It should be noted that pursuant to Clause 34.01 Business 1 Zone, the decision guidelines state that the Responsible Authority must consider as appropriate; the objectives, standards and decision guidelines of Clause 54 and Clause 55. However, the requirements of Clause 55 are only applicable to residential development within residential zones. Therefore, the consideration of Clause 55 within business zones is given less weight than in residential zones. In the context of this application, given the sites location to the rear of a commercial property and its proximity to residential development, it is considered that greater consideration of the objectives of ResCode is reasonable in this instance.
Clause 52.06 Car parking is applicable to the proposed development. Pursuant to the table at Clause 52.06-5, 2 car parking spaces are required for each dwelling.
General Provisions
Clause 65 (Decision Guidelines) outlines matters which a responsible authority must consider in its decision making process.
12.0 PLANNING CONSIDERATIONS:
The following is a summary of the relevant planning issues and areas of non-compliance with the relevant sections of the Kingston Planning Scheme.
12.1 Neighbourhood Character and Design Issues The proposed development, whilst located within a Business 1 Zone, is directly abutting residential development along Turakina Avenue and Bank Road. Being to the rear of the previous commercial site, it is considered that the proposal relates
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more to the surrounding residential development than to the commercial activity along Edithvale Road. Therefore, it is considered appropriate to give greater weight to neighbourhood character objectives for this area. Further, as the proposed development is solely for residential purposes, it is considered that it should positively respond to the character of the surrounding residential development. As such, it is considered that the development, as advertised, presents excessive visual bulk to adjoining properties and the street. This is due in large part to the construction of a high masonry front fence and the use of masonry parapets and balustrades. In addition, the roof terrace access structures further add to the appearance of visual bulk. When looking at the west (Turakina Avenue) elevation, the development is much higher than the adjoining residential properties. This is considered to be an inappropriate design response, however, it is considered that these concerns can largely be addressed through design modifications. The front fences on both the sites Turakina Avenue and Bank Road street frontages should be reduced in height to a maximum of 1.5m and constructed of a semi transparent materials such a timber pickets/slats or metal pickets. This will both reduce the appearance of building mass as well as enable landscaping to be visible within the streetscape, thereby softening the appearance of the development. Further, balustrades should be fully glazed with the use of obscure glazing where necessary to provide privacy and prevent overlooking of adjoining properties. It is considered that there is minimal articulation within the built form, with the first floor sitting directly on top of the ground floor, so the building presents as two double storey boxes, with a solid element separating them in the middle. Given the proposed street setbacks of 3 metres along Bank Road and 4 metres along Turakina Avenue, the intensive built form would have a detrimental impact upon the streetscape which is of a more modest character, including the more recent development. The interface with the adjoining property at No. 3A and 3B Turakina Avenue is considered to be particularly sensitive. More consideration should be given to providing a transition from No. 3A Turakina Avenue to the proposed development. Therefore, it is considered appropriate to require that dwelling 7 be set back a minimum of 5 metres from Turakina Avenue. Likewise, the dwelling above, dwelling 15, will be required to be set back, however, in order to provide greater articulation to the building, it is considered appropriate to require the balcony of this dwelling to be set back 5 metres, with the wall of the dwelling set behind the balcony a minimum of 2 metres. In addition, given the length of built form along the common boundary with No. 3A Turakina Avenue, it is considered reasonable to require the south facing first floor of the building to be set back 1 metre from the ground floor footprint. This should be required as a condition of any permit issued. First floor dwellings located within the streetscape should also be set back a minimum of 1 metre from the ground floor footprint, so that the balconies do not protrude excessively over the ground floor below. These changes will likely result in internal reconfigurations which may result in either a reduced number of dwellings or some dwellings with reduced bedrooms. It is
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considered appropriate, in the interests of dwelling diversity that the development should consist of a variety of living options for future residents. The first floor balconies are shaped such that they will not accommodate tables and chairs or any useable recreational space. Therefore, these dwellings will largely rely on the roof terraces for secluded private open space and these have no relationship to the living areas of the dwellings. In order to facilitate more appropriate balconies, it is considered that the balconies should be squared off and have a minimum width of 2 metres. Further, the balconies for dwellings 10 and 11 can wrap around the building in order to provide greater outdoor living space for these dwellings. This will have the added benefit of providing greater articulation to the building.
12.2 Internal amenity
The circulation spaces of the building do no provide for appropriate solar access. There is a ground floor east-west corridor which does appear to have solar access but the north-south corridor receives no solar access at all. This is compounded by additional internal doors which are considered to be superfluous to the development. These doors should be deleted. On the first floor, the landings have no solar access. There are also internal balconies which serve no real purpose, accessing dining rooms and bedrooms. They do however, add to visual bulk. It is considered appropriate to delete these balconies and replace them with glazed elements which will draw the sun into the circulation spaces below. This should be required as a condition of any permit issued. Further, skylights should be included to provide solar access to the first floor landings.
12.3 Roof terraces and access structures
As briefly discussed above, due to the size of the first floor balconies, future dwelling residents will largely rely upon the roof terraces for their recreational needs. Given the size of the proposed terraces, which are a minimum of 60m2, it is considered that they will be clearly visible from the street with any required screening to prevent overlooking adding to the appearance of visual bulk. Further, intensive use of these areas will result in detrimental amenity impacts to the surrounding properties through noise and lightspill. It is considered that these areas should be reduced in size considerably in order to protect the amenity of the area and to reduce the appearance of visual bulk. It is considered reasonable to reduce the area of the roof terraces to a maximum of 25m2 with the terraces set back from the building footprint such that they will not require external screening and that the internal screening will not be visible from either street and adjoining properties. Further, the access structures should be redesigned so that they are more discreet. The proposed access structures add to the overall height of the building, so that it is 10.3 metres in height. This is considered to be an unacceptable outcome. Eaves should be removed and the access structures should be located more centrally upon the roof, so their visual impact is minimal. This should be required as a condition of any permit issued.
13.0 RESPONSE TO GROUNDS OF OBJECTIONS
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13.1 Car Parking Provision/Traffic Concerns/Access more than the ResCode requirement for residential car parking has been provided as part of this development. Whilst the foreshore areas do experience significant traffic issues during the summer months, this is part and parcel of living along the foreshore. It is considered that the proposed development should not greatly impact upon the existing traffic conditions in the area.
13.2 Overdevelopment/Building Bulk As discussed above, Council officers share these concerns and subject to the design changes outlined above, the appearance of visual bulk should be reduced such that the development will be more in keeping with Council requirements. However, it should be understood that development along Kingstons foreshores is generally of a different character to that of the other residential areas of the municipality. More intensive development with a greater emphasis on balconies and living spaces located generally above ground floor are characteristic of foreshore areas. Apartment buildings are also more characteristic in these areas. It is considered that the proposal as amended should appropriately respond to the character of Kingstons foreshore areas.
13.3 Amenity Impacts Upon Surrounding Properties/Overlooking/Overshadowing/Noise (Roof terraces) Council officers share objectors concerns in relation to potential amenity impacts, however, it is considered that with the design changes outlined above, these concerns should be appropriately addressed.
13.4 Fencing issues It is considered that the concerns raised by the objector in relation to the conditions and replacement of the south (side) boundary fence can be addressed through conditions of any permit issued.
14.0 CONCLUSION: 14.1 For reasons discussed within this report, it is submitted that the proposal be supported
subject to the adoption of the recommended permit conditions to ensure that the proposed development achieves a high quality design, achieves good internal amenity as well as responding appropriately to the site and its immediate interfaces.
14.2 The proposed development is considered appropriate for the site as evidenced by:
The design and concept of the proposed development to be compatible with the surrounding area;
The proposal should not have a detrimental impact on surrounding properties (subject to appropriate conditions); and,
The proposal generally satisfies the requirements of the Kingston Planning Scheme, including the MSS, Residential Development Policy, Business 1 zoning, Overlays, Particular Provisions, and Clause 65 Decision Guidelines (subject to appropriate conditions).
15.0 On balance and subject to the inclusion of suitable conditions, the proposal is
considered reasonable and warrants support. 16.0 RECOMMENDATION: That Council resolve to issue a Notice of Decision to Grant a Permit for the development of this site for sixteen (16) dwellings with a reduction in car parking requirement pursuant to Clause 52.06 of the Kingston Planning Scheme, subject following conditions:
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1. Before the development 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 the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be substantially in accordance with the plans dated 3 March 2010, but modified to show:
a) the provision of a landscape plan in accordance with the submitted development plan and the City of Kingston Landscape Plan Checklist, with such plans to be prepared by a suitably qualified landscape professional and incorporating:
i) an associated planting schedule showing the proposed location, species type, mature height and width, pot sizes and number of species to be planted on the site;
ii) the delineation of all garden beds, paving, grassed area, retaining walls, fences and other landscape works including areas of cut and fill throughout the development;
iii) all existing trees on the site and close to the boundary of the site on adjoining properties, accurately illustrated to represent actual canopy width and labelled with botanical name, height and whether the tree is proposed to be retained or removed;
iv) a range of plant types from ground covers to large shrubs and trees, species must comprise a minimum of 80% indigenous coastal species;
v) adequate planting densities (e.g.: plants with a mature width of 1 metre, planted at 1 metre intervals);
vi) sustainable lawn areas and plant species taking current water restrictions into consideration;
vii) all trees provided at a minimum of 2 metres in height at time of planting; viii) medium to large shrubs to be provided at a minimum pot size of 200mm; ix) the provision of notes regarding site preparation, including the removal of all
weeds, proposed mulch, soil types and thickness, subsoil preparation and any specific maintenance requirements;
b) the provision of a greater setback for dwelling 7, so that it is setback with a minimum of 5 metres from the sites Turakina Avenue street frontage;
c) the provision of a greater setback for dwelling 15 so that the balcony of this dwelling is set back a minimum of 5 metres from the sites Turakina Avenue street frontage and the front wall of this dwelling is set back a minimum of 7 metres from the sites Turakina Avenue street frontage;
d) the first floor balconies redesigned so that they are 2 metres in width, with the removal of the angles with the balconies only overhanging the ground floor footprint by 1 metre;
e) the first floor balconies of dwellings 10 and 11 increased in size by wrapping them around the north corner of the proposed building;
f) the deletion of the first floor internal balconies of dwellings 9, 12, 13 and 16 which are accessed from the bedroom 2 and dining room of these dwellings and their
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replacement with a glazed structure to provide solar access to the internal ground floor circulation spaces;
g) the south facing first floor wall of the building set back a minimum of 1 metre from the ground floor footprint;
h) the roof terraces reduced in size to a maximum of 25m2, with the terraces set back from the building footprint such that they will not require any external screening to prevent overlooking, and that the internal screening will not be visible from either street or adjoining properties;
i) the access structures should be redesigned so that they are more discreet with the deletion of the eaves and the structures located so they are not visible from the street;
j) nomination that the 200mm offset between the property boundary and footpath is maintained;
k) a notation on the plans that the existing footpath and property boundary levels are not to be altered;
l) balustrades should be fully glazed with the use of obscure glazing where necessary to provide privacy and prevent overlooking of adjoining properties;
m) the provision of a full colour, finishes and building materials schedule, including samples (illustrated on an A4 or A3 sheet), for all external elevations and driveways of the development;
n) front fences on both the Turakina Avenue and Bank Road street frontages should be reduced in height to a maximum of 1.5m and constructed of a semi transparent materials such a timber pickets/slats or metal pickets;
o) the provision of a new boundary fence between the subject site and No. 3A Turakina Avenue, Edithvale with this fence to be designed in consultation with the owner/occupier of the adjoining property;
p) the note on the plan stating: Reconstruct concrete footpath along Turakina Avenue and Bank Road frontages in accordance with the engineering plans submitted to and approved by the Council;
q) a comprehensive drainage strategy for the development of the site incorporating Water Sensitive Urban Design treatments; and
r) the provision of a basement ramp longitudinal section with grades and apex.
2. The development and use as shown on the endorsed plans must not be altered without the prior written consent of the Responsible Authority.
3. Prior to the occupation of the dwellings hereby permitted, the new fence/s required under Condition 1o) of this permit must be erected to Councils satisfaction, at the full cost of the applicant/owner(s).
4. Prior to the occupation of the dwellings hereby permitted, the landscaping works as shown on the endorsed plans must be completed to the satisfaction of the Responsible Authority. The landscaping must then be maintained to the satisfaction of the Responsible Authority.
5. Prior to the occupation of the dwellings hereby permitted, all buildings and works and the conditions of this permit must be complied with, unless with the further prior written consent of the Responsible Authority.
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6. Before the use commences, the footpath as described in Condition 1a) must be constructed at the developers cost and maintained in accordance with the plans approved by the Council. Discussion with Councils Development Engineer is recommended prior to the submission of a design. A priced schedule of works within the road reserve and the payment of Councils engineering fees of 3.25% of the cost of works are required to be submitted prior to approval.
7. The entry/exit driveway of the of the basement car park must incorporate an apex no less than 100mm above existing back of footpath on Turakina Avenue or implement an alternative engineering solution for major flooding, approved by the Council.
8. The levels at site boundaries must not be altered.
9. The development of the site must be provided with stormwater treatment works which must incorporate water sensitive urban design principles (including re-use) to improve discharge quality and a detention system for any increase in runoff as a result of the approved development. The system must be maintained to the satisfaction of the Responsible Authority. Council s Development Engineer can advise on treatment options.
10. Before the development commences, a drainage plan showing the method of treatment and discharge to the nominated point must be prepared to the satisfaction of the Responsible Authority. The plan must be prepared by a qualified person and show all details of the proposed drainage works, including all existing and proposed features that may have impact on the drainage (e.g. trees to be retained, crossings, services, fences, abutting buildings, existing boundary surface levels, etc.).
11. Stormwater drainage of the site must be provided so as to prevent overflows onto adjacent properties.
12. Construction on the site must be restricted to the following times: a) Monday to Friday: 7:00am to 7:00pm; b) Saturday: 9:00am to 6:00pm; and c) Sunday and Public Holidays: No construction permitted. Or otherwise as approved by the Responsible Authority in writing.
13. Prior to the occupation of the dwellings hereby permitted, or by such later date as is
approved by the Responsible Authority in writing, the nature strip, kerb and channel, vehicle crossover and footpath must reinstated to the satisfaction of the Responsible Authority.
14. Any existing vehicular crossing not in accordance with the endorsed plan must be
removed and the kerb reinstated in a manner satisfactory to the Responsible Authority and any proposed vehicular crossing must be fully constructed to the Responsible Authoritys standard specification.
15. Prior to the occupation of the dwellings hereby permitted, all boundary fences must be
repaired and/or replaced as necessary to the satisfaction of the Responsible Authority, at the cost of the applicant/owner.
16. Prior to the occupation of the dwellings hereby permitted, areas set aside for parking
vehicles, access lanes and paths as shown on the endorsed plans must be:
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a) Constructed to the satisfaction of the Responsible Authority.
b) Properly formed to such levels that they can be used in accordance with the plans. c) Surfaced in in an all weather coloured concrete seal-coat, to the satisfaction of the
Responsible Authority.
d) Drained and maintained to the satisfaction of the Responsible Authority. Parking areas and access lanes must be kept available for these purposes at all times and maintained to the satisfaction of the Responsible Authority.
17. All works on or facing the boundaries of adjoining properties must be finished and surface cleaned to a standard that is well presented to neighbouring properties in a manner to the satisfaction of the Responsible Authority.
18. All piping and ducting above the ground floor storey of the development (other than rainwater guttering and downpipes) must be concealed to the satisfaction of the Responsible Authority.
19. Once the development has started it must be continued and completed to the satisfaction of the Responsible Authority.
20. In accordance with section 68 of the Planning and Environment Act 1987, this permit will expire if one of the following circumstances applies:
The development is not started within two (2) years from the date of permit issue. The development is not completed within four (4) years from the date of permit
issue. In accordance with section 69 of the Planning and Environment Act 1987, the responsible authority may extend the periods referred to if a request is made in writing before the permit expires, or within three months afterwards.
Note: Prior to the commencement of the development you are required to obtain the
necessary Building Permit.
Note: The applicant/owner must provide a copy of this planning permit to any appointed Building Surveyor. It is the responsibility of the applicant/owner and Building Surveyor to ensure that all building development works approved by any building permit is consistent with the planning permit.
Note: 3mx3m splay must be created at the corner of Turakina avenue and Bank Road on the subdivision plan.
Note: Fence adjacent to the vehicle access max. 1.2m high or 1.5mx1.5m splay is required.
Or
Should Council resolve not to support the application, that a Notice of Refusal to Grant a Permit be issued on the following grounds:
1. The proposal would have an adverse affect on the amenity of the area.
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2. The proposal constitutes an overdevelopment of the site.
3. The proposal would detract from the visual amenity of the locality and the streetscape.
4. The proposal is inconsistent with the relevant policies under Clause 19.03 (Design and Built Form) of the Kingston Planning Scheme.
5. The proposal does not provide sufficient car parking for the proposed use in this location.
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M 105 KP725/09 142-143 Nepean Highway, Aspendale APPLICANT Neil Fletcher Design Pty Ltd ADDRESS OF LAND 142 and 143 Nepean Highway, ASPENDALE VIC
3195 (Lots 4 and 5 on PS 5533) PROPOSAL MIXED USE DEVELOPMENT PLANNING OFFICER Anna Moore REFERENCE NO. KP-725/2009 RELEVANT STATE PLANNING POLICY FRAMEWORK
Clause 12: Metropolitan Development Clause 14: Settlement Clause 15: Environment Clause 16: Housing Clause 17: Economic Development Clause 18: Infrastructure Clause 19: Particular Uses & Development
RELEVANT LOCAL PLANNING POLICY FRAMEWORK
Clause 21.03: Land Use Challenges for The New Millennium Clause 21.04: Vision Clause 21.05: Residential Land Use Clause 21.06: Retail and Commercial Land Use Clause 21.12: Transport, Movement and Access Clause 22.11: Residential Development Policy
ZONE B1Z OVERLAYS DD07,DD01 PARTICULAR PROVISIONS Clause 52.06 - Car Parking
Clause 52.07 - Loading and Unloading of Vehicles Clause 52.29 - Land Adjacent to a Road Zone, Category 1 or a Public Acquisition Overlay for a Category 1 Road
GENERAL PROVISIONS Clause 65: Decision Guidelines CONSIDERED PLAN REFERENCES/DATE RECEIVED
Drawing No.932, Sheets 4-11 (inclusive) Amendment D, date stamped by Council 29.04.10
1.0 KEY ISSUES 1.1 The key planning issues arising from this proposal relate to:
Traffic considerations Amenity impact (internal and external) Urban design
2.0 PROPOSAL (AS AMENDED 29.04.10) 2.1 It is proposed to demolish the existing single storey shop and dwellings on the land
and construct two (2) shops and fourteen (14) dwellings on this site, within a two-storey building with shared basement car park.
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2.2 The applicant has submitted revised plans which seek to address concerns raised by Council Officers following advertising of the proposal. It is these revised plans that now form the basis of this recommendation to Council. The primary issue rectified by the amended proposal relates to the height of the building in the context of Design and Development Overlay, Schedule 1 (Urban Coastal Height Control).
2.3 The building would occupy 94 percent of the site, and is built to the sites front
(Nepean Highway) property boundary, with balconies overhanging the front boundary at first floor level.
2.4 Above the basement car park, two (2) shops would be located at the sites Nepean
Highway property frontage, of 77 square metres and 52 square metres in floor area, respectively. Seven (7) apartment-style dwellings are provided directly to the rear of the shops at ground floor level, and seven (7) apartment-style dwellings would be provided at first floor level. The dwellings would each be provided with private open space in the form of balconies and/or roof top decks, ranging from between 8.2 to 22 square metres in area.
2.5 Analysing each level of the development, the following summarises the proposal:
Basement: Vehicle access to the site is proposed at the west (rear) property boundary
from a right-of-way, via a ramp to the basement car park. The basement car parking area includes:
o Twenty-one (21) car parking spaces (including 2 commercial car spaces and 1 visitor space);
o Eighteen (18) elevated storage compartments; o Seven (7) bicycle racks; o A plant room; and o Two stairwells providing access to the levels above.
Ground Level: Two (2) shops fronting Nepean Highway; A centrally located entry foyer and breezeway from Nepean Highway
providing pedestrian access to the dwellings; Seven (7) dwellings; Two stairwells providing access to the levels above and below; and A general waste storage and recycling bin area adjacent to the right-of-way at
the sites west (rear) property boundary. First Floor Level: Seven (7) dwellings; A central access breezeway; and Two stairwells providing access to the levels below.
2.6 The proposed development has a maximum height of 8.95 metres to the top of the
stair providing access to dwelling 13s roof top deck, however it should be noted that the bulk of the building is under 8 metres in height (please refer elevations).
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2.7 Habitable room windows and balconies that have a direct outlook towards adjoining residential private open space areas or habitable room windows have been screened accordingly. The screening of dwelling 8 and dwelling 12s roof top decks is discussed in the following sections of this report.
2.8 The building would be contemporary in appearance, with flat roof and varying
external materials, finishes and colours are proposed, including render, feature brickwork and cladding, aluminium window frames and balustrades, fixed louvre screening, and glazing etc. Please refer to the external finishes legend on the considered plans for further details regarding the cosmetic treatment to all external facades.
2.9 The following development summary provides further detail on each of the proposed
dwellings: Dwelling Floor Area
(excluding garage / verandah)
Private Open Space No. of Bedrooms proposed
No. of Car Parking Spaces provided
1 68.0m 10.0m balcony 1 1 2 64.2m 10.0m balcony 1 1 3 64.2m 10.0m balcony 1 1 4 64.2m 10.0m balcony 1 1 5 74.0m 17.0m balcony 1 1 6 64.2m 10.0m balcony 1 1 7 64.2m 10.0m balcony 1 1 8 70.0m 21.0m balcony and 22.0m roof
top deck 2 1
9 50.0m 8.2m balcony 1 1 10 50.0m 8.2m balcony 1 1 11 55.0m 16.0m balcony 1 1 12 80.0m 8.3m and 8.2m balconies and
13.6m roof top deck 2 1
13 85.0m 16.2m balcony and 20.8 roof top deck
2 1
14 57.0m 15.0m balcony 1 1 3.0 SITE & SURROUNDS 3.1 The site comprises of two rectangular parcels of land on the north-west side of
Nepean Highway, Aspendale. The site has an overall area of 817.2m, with a frontage of 24.38 metres to Nepean Highway and a depth of 33.52 metres.
3.2 The site is currently occupied by a single storey dwelling on 142 Nepean Highway,
set back 12.2 metres from the sites Nepean Highway street frontage. A single storey commercial premises is located on 143 Nepean Highway, built to part of the sites Nepean Highway frontage, and a single storey dwelling adjoining to the rear of this premises, is set back 7.7 metres from the street frontage.
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3.3 The subject site, and land adjoining to the north and south is located within a Business 1 Zone, and land to the west is located within a Residential 1 Zone. Nepean Highway, adjoining to the east, is within a Road Zone Category 1.
3.4 The surrounding area typically comprises both residential and commercial premises.
Beyond the 3.0 metre right-of-way adjoining the sites west property boundary, are the rear of residential properties fronting Foster Street and Groves Street (No.2 Foster Street, and No.1 Groves Street). The adjoining property to the north of the subject site, on the corner of Nepean Highway and Foster Street, is a single storey building used as a Mexican restaurant (No.141 Nepean Highway). Adjoining to the south are two, two-storey commercial buildings, set back 6.25 metres from Nepean Highway, with a car parking area located within its front setback area (No.144 and No.145 Nepean Highway). Further south, on the corner of Nepean Highway and Groves Street, is a two-storey apartment building with roof top decks (No.147 Nepean Highway). The Aspendale railway station is located directly opposite the site, on the eastern side of Nepean Highway.
4.0 TITLE DETAILS 4.1 The Permit Applicant has completed the planning application form declaring that
there is no restrictive covenant on the title. 5.0 PLANNING CONTROLS 5.1 The subject site is located within a Business 1 Zone and is subject to Design and
Development Overlays, Schedule 1 and 7.
5.2 Nepean Highway is identified in a Road Zone Category 1. 6.0 PLANNING PERMIT REQUIREMENTS
Business 1 Zone: 6.1 Pursuant to Clause 34.01-4 (Business 1 Zone), a planning permit is required to
construct a building or construct and carry out works. 6.2 Pursuant to Clause 34.01 (Business 1 Zone), a planning permit is not required to use
the site for a dwelling(s), as the frontage at ground floor level does not exceed 2 metres.
6.3 Pursuant to 34.01 (Business 1 Zone), a planning permit is not required to use the site
for a shop(s). Design and Development Overlay 1:
6.4 Pursuant to Clause 43.02 (Design and Development Overlay, Schedule 1), a planning permit is not required to construct a building or construct and carry out works provided that a number of conditions are met, namely (where relevant): A building which has an internal storey height (measured from floor to ceiling) of
3.5 metres or less. This internal storey height requirement does not include stairwells and lightwells which comply with the overall height requirements.
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Further, a permit cannot be granted to construct a building or to construct or carry out works which are not in accordance with the following requirement: A building must not be greater than 2 storeys in height (which may include a
basement carpark with a maximum height of 1.2 metres above natural ground level).
The current application accords with the requirements outlined above.
6.5 Pursuant to Clause 43.02 (Design and Development Overlay, Schedule 7), a planning
permit must not be granted to construct a building or construct or carry out works within 4.5 metres of the foreshore reserve boundary.
The subject site does not abut the foreshore reserve, and therefore is set back well in excess of 4.5 metres.
Particular Provisions: 6.6 Pursuant to Clause 52.06 (Car Parking), a planning permit is required to vary the car
parking requirement in the table to Clause 52.06-5. 6.7 Pursuant to Clause 52.07 (Loading and Unloading of Vehicles), a planning permit is
required to waive the loading bay requirement. 6.8 Pursuant to Clause 52.29 (Land Adjacent to a Road Zone Category 1), a planning
permit is required to alter an access to a Road Zone Category 1. 7.0 RELEVANT HISTORY 7.1 Planning Permit KP63/04 was issued by the City of Kingston on 2 June 2004 for the
construction of buildings and works comprising two (2) shops and a residential dwelling above, on 142 Nepean Highway, Aspendale. This development was not commenced and has since expired.
8.0 ADVERTISING 8.1 Prior to advertising, the Permit Applicant submitted revised plans on 1 December
2009 that essentially sought to address some of the initial concerns outlined within the Planning Officers further information letter. It is these plans that formed part of the advertising documentation.
8.2 Subsequent to the advertising of the proposal, the applicant submitted revised plans
on 29 April 2010 which sought to address concerns raised by Council Officers. The changes included:
The addition of two (2) car spaces in the basement car park; The removal of the mezzanine level and subsequent reduction in the
overall height of the building and altered roof form; The loss of one (1) dwelling at first floor level;
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The internal amenity improved in a number of dwellings due to improved access to daylight; and
Associated internal and external rearrangements to cater for the above, including increased setbacks from the sites rear property boundary at first floor level.
8.3 It is these plans that were submitted after advertising which form the basis of this
recommendation, and are under consideration by Council. 8.4 It was not considered necessary for the amended plans to be readvertised to
neighbouring properties, given that the amendments to the proposal are not considered to result in any increased detriment, and have been prepared primarily to rectify issues identified by Council Officers.
8.5 The proposal was advertised by sending notices to adjoining and opposite property
owners and occupiers and by maintaining a notice on site for fourteen (14) days. Eight (8) formal objections to the proposal were received. The valid grounds of objection raised are summarised as follows:
Traffic, parking and access concerns; Overdevelopment; Overlooking/loss of privacy; Noise disturbance; Visual bulk; Inadequate landscaping and private open space; Inadequate waste collection arrangements; and Impact of existing adjoining restaurant on the amenity of dwellings.
8.6 The following objections raised are not valid planning considerations:
Devaluation of property; Impact of proposal on future development proposal on adjoining property; Concerns relating to property damage during construction building
regulations. 9.0 PRELIMINARY CONFERENCE 9.1 A preliminary conference was held on 18 March 2010, with the relevant Planning
Officer, one Ward Councillor, the Permit Applicant and owner and ten (10) objectors in attendance. The above-mentioned issues were discussed at length.
9.2 The above concerns were unable to be resolved at the preliminary conference, and the
objections still stand. 10.0 REFERRALS 10.1 The following internal and/or external referral departments were notified:
Councils Development Engineer Councils Vegetation Management Officer
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Councils Waste Management Officer VicRoads
10.2 The above-mentioned referral authorities had no objection to the proposal, subject to
conditions being included on any permit issued. 11.0 RELEVANT POLICIES 11.1 State Planning Policy Framework (SPPF)
Clause 12 (Metropolitan Development) Clause 14 (Settlement) Clause 15 (Environment) Clause 16 (Housing) Clause 17 (Economic Development) Clause 18 (Infrastructure) Clause 19 (Particular Uses and Development)
11.2 Local Planning Policy Framework (LPPF) Clause 21.04 (Vision) Clause 21.05 (Residential Land Use) Clause 21.06 (Retail and Commercial Land Use) Clause 21.12 (Transport, Movement and Access) Clause 22.11 (Residential Development Policy)
11.3 Particular Provisions
Clause 52.06 (Car Parking) Clause 52.07 (Loading and Unloading of Vehicles) Clause 52.29 (Land adjacent to a Road Zone)
11.4 General Provisions
Clause 65 (Decision Guidelines)
12.0 PLANNING CONSIDERATIONS:
The following section will consider the application against the relevant sections of the State Planning Policy Framework (SPPF), Local Planning Policy Framework (LPPF), zone objectives and particular provisions of the Kingston Planning Scheme.
12.1 State Planning Policy Framework
The SPPF are rather broad policies which are essentially the framework by which local policies are derived from. The following is, therefore, a brief comment of the relevant polices.
Clause 12: Metropolitan Development:
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Clause 12.01: A More Compact City
This seeks to facilitate sustainable development that takes full advantage of existing settlement patterns, and investment in transport and communication, water and sewerage and social facilities, and locate a substantial proportion of new housing in or close to activity centres and other strategic redevelopment sites that offer good access to services and transport.
Clause 12.05: A Great Place To Be
This seeks to create urban environments that are of better quality, safer and more functional, provide more open space and an easily recognisable sense of place and cultural identity. It promotes issues of good urban design, recognition and protection of cultural identity, neighbourhood character, sense of place heritage, improvement of community safety.
Clause 12.06: A Fairer City
This seeks to increase the supply of well located and affordable housing by encouraging a significant proportion of new development, including development activity centres and strategic redevelopment sites, to be affordable for households on low to moderate incomes.
Clause 12.07: A Greener City
This seeks to minimise impacts on the environment by reducing the amount of waste generated, reducing energy usage, manage water use and reduce the impact of stormwater on bays and catchments.
In general, the proposal is considered to satisfy the above listed objectives. The site is within a Neighbourhood Activity Centre and would provide for additional housing which can take full advantage of public transport, commercial facilities and recreation facilities, all with minimal reliance on car usage, and therefore, lesser energy consumption.
Clause 14: Settlement
One of the key objectives under Clause 14.01 of the Kingston Planning Scheme aims to ensure a sufficient supply of land is available for residential, commercial, industrial, recreational, institutional and other public use.
The proposal is considered to satisfy this objective by maintaining and intensifying the commercial component of the site while providing a new residential component on the site in the form of apartment style dwellings.
Clause 15: Environment
Clause 15.12: Energy Efficiency
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The key objective of this Clause is to encourage land use and development that is consistent with the efficient use of energy and the minimisation of greenhouse gas emissions.
Further, planning and responsible authorities should:
Promote energy efficient building design Promote consolidation of urban development and integration of land use and
transport
It is considered that the nature of the proposed development generally accords with the above strategies for general implementation.
Clause 16: Housing
Clause 16.02: Medium Density Housing
This policy aims to encourage the development of well-designed medium density housing which respects the character of the neighbourhood, improves housing choice, makes better use of existing infrastructure and improves energy efficiency of housing.
It is considered that the development generally accords with this objective by providing a range of dwellings for smaller households, in an area with excellent access to public transport and other community infrastructure.
Clause 17: Economic Development
Clause 17.01: Activity Centres
The key policy objective includes an aim to encourage the concentration of major retail, commercial, administrative, entertainment and cultural developments into activity centres (including strip shopping centres) which provide a variety of land uses and are highly accessible to the community
The proposal would provide additional commercial opportunities to Aspendale Activity Centre, through the provision of two shop premises on the site.
Clause 18: Infrastructure
Clause 18.02: Car Parking And Public Transport Access To Development
This policy aims to ensure that new developments are provided with good access and that new developments take advantage of all available modes of transport to minimise impact on existing transport networks and the amenity of the surrounding areas.
The proposal is located directly opposite the Aspendale Railway Station. There is excellent access to railway services as well as bus services. The site is located within the Aspendale Neighbourhood Activity Centre and therefore takes advantage of pedestrian movements within the Activity Centre. Car parking is also provided on site within a basement. Overall, it is considered that the sites location within the
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Aspendale Activity Centre takes advantage of all major forms of public and private transportation services available including train, bus, private vehicle, walking and bicycle etc.
Clause 19: Particular Uses And Development
Clause 19.03: Design And Built Form
It is policy to achieve high quality urban design and architecture that reflects the particular characteristics, aspirations and cultural identity of the community. Pursuant to Clause 19.03, the following design principles are relevant to this application:
Context
It is policy that:
development must take into account the natural, cultural and strategic context of
its location.
The site is located within the Aspendale Activity Centre which has been identified as a Neighbourhood Activity Centre in the Kingston Planning Scheme. A more intensive type of development is expected within all Activity Centres. It is considered that the proposal adequately satisfies the above provision.
The Public Realm
It is policy that:
the public realm, which includes main pedestrian spaces, streets, squares, parks
and walkways, should be protected and enhanced.
It is considered that the proposed development will provide a positive contribution to the public realm. It is considered that the streetscape is capable of absorbing a building of the scale and contemporary detailing proposed, and will form a welcome addition to assist in consolidating this section of the Business 1 Zone.
Safety
It is policy that:
new development should create urban environments that enhance personal safety
and property security and where people feel safe to live, work and move in at any time.
It is considered that the hard-edge of the building along the street frontage will create an improved sense of personal safety for pedestrians, with fewer opportunities for persons to hide from view. It should also be noted that surveillance of the street and Aspendale Railway Station would be enhanced through the provision of habitable windows and balconies at the sites street (Nepean Highway) elevation.
Landmarks, Views And Vistas
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It is policy that:
landmarks, views and vistas should be protected and enhanced or, where
appropriate, created by new additions to the built environment.
It is considered that the proposal does not appear to raise any issues in this respect.
Pedestrian Spaces
It is policy that:
the design of the relationship between buildings and footpaths and other pedestrian spaces, including the arrangement of adjoining activities, entrances, windows, and architectural decoration, should enhance the visual and social experience of the observer.
It is considered that the proposal has adequately addressed the above provision. The zero-lot line at the sites street elevation is considered appropriate in the context of the Business 1 Zone and will assist in consolidating the shopping precinct. The quality of the pedestrian space will be further improved by the use of colours, materials and building forms which complement the Aspendale Activity Centre, including the railway station directly opposite.
Consolidation Of Sites And Empty Sites
It is policy that:
new development should contribute to the complexity and diversity of the built
environment; and site consolidation should not result in street frontages that are out of keeping with
the complexity and rhythm of existing streetscapes.
The two-storey height, retail interfaces at the ground floor and zero-lot line proposed to the sites Nepean Highway frontage is considered to be wholly in keeping with the complexity and rhythm of the Aspendale Activity Centre.
Light And Shade
It is policy that:
the enjoyment of the public realm should be enhanced by a desirable balance of
sunlight and shade; and this balance should not be compromised by undesirable overshadowing or
exposure to the sun.
It is considered that the proposal should not adversely affect the enjoyment of the public realm with respect to its shadowing impact.
Energy And Resource Efficiency
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It is policy that:
all buildings, subdivisions and engineering works should promote more efficient
use of resources and energy efficiency.
It is considered that the nature of the proposed development generally accords with the above provision by incorporating a mix of uses including commercial and residential uses in the one building, located within close proximity to a range of public services and infrastructure.
Architectural Quality
It is policy that:
new development should aspire to the high standards in architecture and urban
design; and any rooftop plant, lift over-runs, service entries, communication devices, and
other technical attachment should be treated as part of the overall design.
It is considered that the proposal demonstrates a reasonable level of architectural and urban design merit. The combination of rendered blockwork, face blockwork, cladding, glazing and feature brickwork, as well as parapet elements and varied fenestration patterns articulate the building to ensure that it would form an interesting and appealing addition to the Aspendale shopping precinct.
Landscape Architecture
It is policy that:
recognition should be given to the setting in which buildings are designed and the
integrating role of landscape architecture.
Whilst the proposal does not provide for landscaping opportunities at ground floor level, the design of the building is considered wholly appropriate in the context of the Business 1 Zone and the Aspendale shopping centre. In summary, it is considered that the proposed development generally complies and satisfies the State and Local Planning Policy Framework guidelines which aim to encourage well-designed medium density housing and commercial premises in appropriate locations.
12.2 Local Planning Policy Framework
Clause 21.04: Vision
This policy sets out the main land use themes within the City of Kingston which includes residential land uses, retail and commercial land uses, industrial land uses, foreshore land uses and wetlands and waterways land uses. As relevant to this application, the broad direction of overall strategic framework plan identifies this
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section of Aspendale as an area for the promotion of medium density housing opportunities. It is considered that the proposal is in accordance with the broad direction set by this policy.
Clause 21.05: Residential Land Use
The Municipal Strategic Statement identifies a number of key policy objectives for future residential land use planning within the City of Kingston. As relevant to this application, these include:
to provide a wide range of housing types across the municipality to increase
housing diversity and cater for the changing needs of current and future populations, taking account of the differential capacity of local areas in Kingston to accommodate different types and rates of housing change;
to ensure new residential development respects neighbourhood character and is site responsive, and that medium density dwellings are of the highest design quality;
to preserve and enhance well landscaped/vegetated environments and protect identified significant vegetation;
to promote more environmentally sustainable forms of residential development; to manage the interface between residential development and adjoining or nearby
sensitive/strategic land uses; and to ensure residential development does not exceed known physical infrastructure
capacities.
Relevant strategies to achieve these objectives (as relevant to this application) include:
Encourage residential development within activity centres via shop-top housing and mixed use developments, and on transitional sites at the periphery of activity centres. The intensity and scale of such development will need to be in keeping with the scale of these centres;
Promote new residential development which is of a high standard, responds to the local context and positively contributes to the character and identity of the local neighbourhood;
Promote new residential development which provides a high standard of amenity and quality of life for future occupants;
Ensure that the planning, design, siting and construction of new residential development responds to best practice environmental design guidelines for energy efficiency, waste and recycling, and stormwater management;
Promote medium density housing development in close proximity to public transport facilities, particularly train stations;
Ensure that where medium and higher density residential areas are proposed adjacent to lower density residential areas, the design of such development takes proper account of its potential amenity impacts; and
Require the provision of car parking to satisfy the anticipated demand having regard to average car ownership levels in the area, the environmental capacity of the local street network and the proximity of public transport and nearby on and off street car parking.
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It is considered that the proposed development would satisfy the broader strategic objectives as outlined in Councils Municipal Strategic Statement, through the provision of medium density housing and mixed use developments in Activity Centres such as the current proposal. It is considered that the proposal creates an adequate standard of amenity for the future occupants of each of the proposed dwellings, as well as for occupants of existing dwellings in the immediate area. The proposed development seeks to incorporate colours and materials which complement the existing character of the Aspendale Activity Centre and the broader local neighbourhood. Therefore, it is considered that the proposal adequately satisfies the abovementioned provisions.
Clause 21.06: Retail And Commercial Land Use
Aspendale is identified as being a neighbourhood centre on Councils Retail and Commercial Land Use Framework Plan. It is policy to promote mixed use precincts around key Activity Centres which encourage a broader range of cultural, social, commercial and higher density housing opportunities to complement retail functions of activity centres and enhance their economic vitality. Furthermore, strategic direction for Aspendale as a Neighbourhood Centre is to promote a wider mi