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City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 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 27 September 2010. 1. Apologies 2. Confirmation of Minutes of Previous Meetings Minutes of Council Meeting 23 August 2010 Minutes of Special Council 13 September 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 5. Presentation of Awards Thelma Mansfield 6. Reports from Village Committees 7. Reports from Delegates Appointed by Council to Various Organisations 8. Question Time 9. Environmental Sustainability Reports M 175 Town Planning Application Decisions – August 2010 Page 7 M 176 KP731/09 – 142-152 Kingston Road, Heatherton Page 14 M 177 KP248/10 – 2-4 Blagdon Street, Cheltenham Page 28 M 178 KP160/10 – 29 Glenola Road, Chelsea Page 56 M 179 KP198/10 – 26 Railway Parade, Highett Page 71 M 180 KP679/09 – 25 Stanley Street, Carrum Page 93 M 181 Amendment C99 to the Kingston Planning Scheme (1231, 1233-1237 and part 1239 (north of Karen Street and east of Nepean Highway) Nepean Highway and 60-64 Matthieson Street, Highett Page 105 M 182 Contract 10/70 – Preparation of Green Wedge Plan Page 114 M 183 Amendment C113 – Planning Scheme Corrections Page 117 M 184 Namatjira Park Wetlands – Project Funding Page 125 M 185 20 Levanto Street, Mentone Page 128 M 186 Bayside/Kingston Bus Service Review Recommendations Page 134 10. Community Sustainability Report M 187 Project Cambodia - Koala Spirit Ltd Page 142 M 188 Foreshore Buildings Development Page 148 M 189 Public Health & Wellbeing Plan Annual Review Page 152 M 190 Contact 10/93 – Supply of Library Books, AV Media, Periodicals, Subscription & Related Services Page 156 11. Organisational Development & Governance Reports M 191 Expenditure of Ward Funds Schedule Page 158 M 192 Contract 10/56 Provision of Catering Services Page 161

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  • City of Kingston

    Ordinary Council Meeting Agenda 27 September 2010

    1

    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 27 September 2010. 1. Apologies 2. Confirmation of Minutes of Previous Meetings

    Minutes of Council Meeting 23 August 2010 Minutes of Special Council 13 September 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

    5. Presentation of Awards

    Thelma Mansfield

    6. Reports from Village Committees 7. Reports from Delegates Appointed by Council to Various Organisations

    8. Question Time 9. Environmental Sustainability Reports M 175 Town Planning Application Decisions – August 2010 Page 7 M 176 KP731/09 – 142-152 Kingston Road, Heatherton Page 14 M 177 KP248/10 – 2-4 Blagdon Street, Cheltenham Page 28 M 178 KP160/10 – 29 Glenola Road, Chelsea Page 56 M 179 KP198/10 – 26 Railway Parade, Highett Page 71 M 180 KP679/09 – 25 Stanley Street, Carrum Page 93 M 181 Amendment C99 to the Kingston Planning Scheme (1231, 1233-1237 and part

    1239 (north of Karen Street and east of Nepean Highway) Nepean Highway and 60-64 Matthieson Street, Highett Page 105

    M 182 Contract 10/70 – Preparation of Green Wedge Plan Page 114 M 183 Amendment C113 – Planning Scheme Corrections Page 117 M 184 Namatjira Park Wetlands – Project Funding Page 125 M 185 20 Levanto Street, Mentone Page 128 M 186 Bayside/Kingston Bus Service Review Recommendations Page 134 10. Community Sustainability Report M 187 Project Cambodia - Koala Spirit Ltd Page 142 M 188 Foreshore Buildings Development Page 148 M 189 Public Health & Wellbeing Plan Annual Review Page 152 M 190 Contact 10/93 – Supply of Library Books, AV Media, Periodicals, Subscription

    & Related Services Page 156 11. Organisational Development & Governance Reports M 191 Expenditure of Ward Funds Schedule Page 158 M 192 Contract 10/56 Provision of Catering Services Page 161

  • City of Kingston

    Ordinary Council Meeting Agenda 27 September 2010

    2

    M 193 MAV Substitute Representative Page 164 12. Notices of Motion M 194 Rescission Motion Submitted by Paul Peulich – Media Policy Page 165 M 195 Cr Rosemary West – Investigation of Open Space need for Mentone

    /Cheltenham Page 166 M 196 Cr Ron Brownlees – Grade Separation Strategy for Train Network Page 168 M 197 Cr Paul Peulich – Mordialloc Creek Page 169 M 198 Cr Donna Bauer – Bonbeach Foreshore Page 170 13. Urgent Business 14. Items in Camera M 199 Catering Contract – Outstanding Balance Page 171 M 200 Rent Proposal Clayton Bowls Club Page 177 M 201 Proposed Land Acquisition Page 182

  • City of Kingston

    Ordinary Council Meeting Agenda 27 September 2010

    3

    6. Reports from Village Committees

    PRESENTATION OF VILLAGE COMMITTEE REPORTS

    6(a) Cheltenham Village Committee

    Chairperson - Joe Astbury Report of Meeting held on 31 August 2010

    Highlight: Progress with the La Trobe Street park being extended _____________________________________________________________________

    6(b) Mordialloc Village Committee Chairperson - Allan Locke

    Report of Meeting held on 31 August 2010

    Village Committee Motion: That Council, in addition to the current review initiated by Mentone Village Committee, the efficacy of a feral proof fence around the complete perimeter of the park including the railway frontage, be part of the terms of reference for that review.

    Officer Comment: Friends of Bradshaw Park (FOBP) were consulted as part of the fence replacement project. Council is committed to monitoring the reserve in regard to concerns about a potential increase in litter blowing into the park given the new fence has no mesh. In discussion with FOBP, Council will review the need for retrofitting mesh to the new fence. This review is likely to take place in September or later in the year to ensure sufficient time is allowed to make an informed decision. Effectiveness of a feral proof fence will be included as part of this review. Highlight: Combined meeting with Mentone Village Committee _____________________________________________________________________

    6(c) Mentone/Parkdale Village Committee Chairperson – Claire Houston

    Report of Meeting held on 31 August 2010 Highlight: The joining of Mordialloc VC and Mentone VC to discuss the Bradshaw Park

    Fencing. _____________________________________________________________________

  • City of Kingston

    Ordinary Council Meeting Agenda 27 September 2010

    4

    6(d) Moorabbin/Highett Village Committee

    Chairperson – Daniel Leipnik Report of Meeting held on 1 September 2010

    Village Committee Motion: That Council look at purchasing a minimum of 6 properties per year throughout the Municipality to add to existing open space and/or to improve access to open space.

    Officer Comment: Open space requirements and possible acquisitions are considered as opportunities arise. The strategic purchase of property for open space is informed from the adopted Open Space Strategy which highlights areas of deficiency throughout the municipality. The implementation of the Open Space Strategy is in part funded from open space contributions arsing from developments. The fund currently totals $5.5M to respond to priorities across all ten of Kingston’s precincts. As funds are collected within those precincts, the priorities are addressed which may include open space development as well as purchase. It is considered by officers that the appropriate manner in which to achieve the objectives of the Open Space Strategy is to continue to pursue opportunities in areas of need as they arise. -------------------------------------------------------------------------------------------------------

    Village Committee Motion: That City of Kingston consider encouraging residents to drive either hybrid or very small cars by not charging at parking metres, allowing these type of vehicles a longer time in parking zones (eg they could park for 2 hours in 1 hour zone) or other appropriate incentives.

    Officer Comment: Parking meters are only located along the foreshore and are intended to ensure an equitable turnover of limited car parking availability. It is expected the public fleet of motor vehicles will progressively move to being hybrid vehicles based on advise from major vehicle manufacturers. Additionally Australia has already seen a marked change in the purchase trends towards smaller vehicles. -------------------------------------------------------------------------------------------------------

    Village Committee Motion: That Council investigate the erection of No Stopping signs along curved stretches of both Isabella Street and Barilla Road.

    Officer Comment: Consultation with abutting properties will need to be undertaken. If residents support the No Stopping restrictions, the restrictions will be installed. This process may take up to 3 months.

  • City of Kingston

    Ordinary Council Meeting Agenda 27 September 2010

    5

    ---------------------------------------------------------------------------------------------- Village Committee Motion: That Council prepare a Masterplan for Highett Reserve which should include input from the Moorabbin/Highett Village Committee.

    Officer Comment: Council has not planned to undertake a Master Plan for Highett Reserve in 2010/2011. Council officers will prepare a funding request for undertaking a Master Plan at Highett Reserve for consideration by Council in its 2011/2012 annual budget. The scope of any Master Plan will be guided by the principles of the Open Space Strategy and input will be sought from a whole range of stakeholders, including the VC, residents and reserve user groups. Highlight: Nil _____________________________________________________________________

    6(e) Patterson Lakes/Carrum Village Committee Chairperson – Pat King

    Report of Meeting held on 1 September 2010

    Highlight: Discussion about review of Village Committee Policy _____________________________________________________________________

    6(f) Dingley/Heatherton Village Committee Chairperson – Allan Harris

    Report of Meeting held on 1 September 2010 Highlight: Update provided by Steve Perumal on public consultation process soon to begin regarding pond located at Christina Terrace in Dingley Village. _____________________________________________________________________ 6(g) Aspendale/Edithvale/Aspendale Gardens/Waterways Village Committee

    Chairperson – Ken Carney Report of Meeting held on 2 September 2010

    Highlight: The explanation from John Nevins and Bernard Byrden regarding the 8% increase in the budget and an overview of the budget. _____________________________________________________________________

    6(h) Chelsea/Chelsea Heights/Bonbeach Village Committee

    Chairperson –Nigel McGillivray Report of Meeting held on 8 September 2010

    Village Committee Motion: That Council explores the modification of existing raingardens in Chelsea Woolworths northern carpark to allow for tree planting (as per examples provided TRIM 10/91139, 10/91140 & 10/91144).

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    Ordinary Council Meeting Agenda 27 September 2010

    6

    Officer Comment: Raingardens are technically designed and constructed to absorb and filter storm run off. They are not designed to accommodate trees. Highlight: The anticipation of new canopy trees being planted in the northern carpark of Chelsea Safeway _____________________________________________________________________

  • City of Kingston

    Ordinary Council Meeting Agenda 27 September 2010

    7

    9. Environmental Sustainability Reports M 175 Town Planning Application Decisions – August 2010 Approved By: Jonathan Guttmann, Acting General Manager, Environmental Sustainability Author: Angela Hughes, Acting Manager Planning Attached for information is the report of Town Planning Decisions for the month of August 2010. A summary of the decisions is as follows:

    Type of Decision Number of Decisions Made

    Percentage (%)

    Planning Permits 69 82 Notice of Decision 8 9 Refusal to Grant a Permit 4 5 Other - Withdrawn (1) - Prohibited (0) - Permit not required (1) - Lapsed (1)

    3 4

    Total 84 100 (NB: Percentage figures have been rounded) Recommendation That the report be noted.

  • City of Kingston

    Ordinary Council Meeting Agenda 27 September 2010

    8

    Planning Decisions August 2010 APPL. No.

    PROPERTY ADDRESS SUBURB

    APPL. DATE

    DATE DECIDED

    PROPOSAL DESCRIPTION DECISION

    KP-784/2009 8 Acacia Avenue MENTONE 24/11/2009 2/08/2010 TWO (2) DWELLINGS Permit Issued

    KP-313/2009/A 3-5 Freighter Road MOORABBIN 20/05/2009 2/08/2010

    CHANGE OF USE - FOOD MANUFACTURING / WAREHOUSE Permit Issued

    KP-157/2010 4 Margaret Street PARKDALE 24/03/2010 2/08/2010 TWO (2) DWELLNGS

    Notice of Decision

    KP-394/2010 422 Nepean Highway PARKDALE 23/06/2010 2/08/2010

    BOUNDARY REALIGNMENT Permit Issued

    KP-83/2010 13 Barker Street CHELTENHAM 19/02/2010 3/08/2010 TWO (2) DWELLINGS Permit Issued

    KP-610/2009 3 Koala Court CHELSEA 11/09/2009 3/08/2010 TWO (2) DWELLINGS

    Notice of Decision

    KP-286/2010 Lot 3 Lower Dandenong Road BRAESIDE 13/05/2010 3/08/2010

    EXTENSION OF RED LINE PLAN Permit Issued

    KP-294/2010 3 28-30 Mills Road BRAESIDE 17/05/2010 4/08/2010

    ALTS & ADDS TO FACTORY MEZZANINE Permit Issued

    KP-79/2009/A 3 Bibby Court MOORABBIN 8/06/2010 4/08/2010

    B'LD & WORKS - WAREHOUSE/OFFICE Permit Issued

    KP-461/2010 22 Bethell Avenue PARKDALE 13/07/2010 4/08/2010

    SINGLE DWELLING ON LAND DESIGNATED WIHTIN A SPECIAL BUILDING OVERLAY Permit Issued

    KP-264/2010 13 140-148 Chesterville Road CHELTENHAM 7/05/2010 5/08/2010

    CHANGE OF USE - HEALTH & WELLNESS CENTRE Permit Issued

    KP-310/2010 1 9 Bradshaw Street MORDIALLOC 21/05/2010 5/08/2010

    SECTION 32 PLAN Permit Issued

    KP-337/2010 123-127 Bernard Street CHELTENHAM 2/06/2010 5/08/2010

    THREE (3) LOT SUBDIVISION Permit Issued

    KP-857/2007/A 8-10 Bardoel Court

    DINGLEY VILLAGE 6/05/2009 6/08/2010

    ALTERATIONS & ADDITIONS TO FOUR (4) DWELLINGS Permit Issued

    KP-773/2009 321 Charman Road CHELTENHAM 23/11/2009 9/08/2010

    OFFICE & DWELLINGS

    Notice of Decision

    KP-773/2007/B 91-185 Kingston Road HEATHERTON 21/04/2010 9/08/2010 CLEAN FILL Refused

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    Ordinary Council Meeting Agenda 27 September 2010

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    KP-715/2009 65 Chelsea Road CHELSEA 28/10/2009 9/08/2010 THREE (3) DWELLINGS Permit Issued

    KP-706/2008 293 Nepean Highway EDITHVALE 28/07/2008 9/08/2010

    FOUR (4) DOUBLE STOREY DWELLINGS CREATE ACCESS TO ROAD ZONE CATEGORY 1 Permit Issued

    KP-23/2010 42 Clay Street MOORABBIN 15/01/2010 9/08/2010 THREE (3) DWELLINGS Permit Issued

    KP-171/2010 18 Independence Street MOORABBIN 25/03/2010 10/08/2010

    BUILDINGS & WORKS TO FACTORY Lapsed

    KP-366/2008 61 White Street PARKDALE 15/04/2008 10/08/2010 2 DWELLINGS Notice of Decision

    KP-187/2010 7 Collins Street MENTONE 1/04/2010 11/08/2010 TWO (2) DWELLINGS Permit Issued

    KP-125/2010 22 Camelia Grove CHELTENHAM 11/03/2010 11/08/2010

    TWO (2) DWELLINGS Permit Issued

    KP-99/2010 74 Broadway BONBEACH 25/02/2010 11/08/2010 TWO (2) DWELLINGS Permit Issued

    KP-178/2010 4 Munro Avenue EDITHVALE 30/03/2010 11/08/2010 TWO (2) DWELLINGS Permit Issued

    KP-405/2010 5 Maury Road CHELSEA 28/06/2010 11/08/2010 TEN (10) LOT SUBDIVISION Permit Issued

    KP-428/2010 47 Waterside Drive WATERWAYS 2/07/2010 11/08/2010

    SINGLE DWELLING Permit Issued

    KP-868/2009 31-33 Canterbury Road BRAESIDE 29/12/2009 11/08/2010

    BUILDING & WORKS COMPRISING THE CONSTRUCTION OF FOUR (4) FACTORIES AND REDUCTION IN CARPARKING REQUIREMENT Permit Issued

    KP-729/2006/A 15 Glenbrook Avenue CHELSEA 28/04/2010 11/08/2010

    TWO (2) DWELLINGS Permit Issued

    KP-98/2010 72 Broadway BONBEACH 25/02/2010 11/08/2010 TWO (2) DWELLINGS Permit Issued

    KP-857/2009 43 Ella Grove CHELSEA 29/12/2009 12/08/2010 THREE (3) DWELLINGS

    Notice of Decision

    KP-117/2010 116-118 White Street MORDIALLOC 5/03/2010 12/08/2010

    NINETEEN (19) DWELLINGS

    Notice of Decision

  • City of Kingston

    Ordinary Council Meeting Agenda 27 September 2010

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    KP-827/2009 22 Webster Drive PATTERSON LAKES 15/12/2009 12/08/2010

    TWO (2) DWELLINGS Refused

    KP-11/2010 64 Church Road CARRUM 13/01/2010 13/08/2010 FOUR (4) DWELLINGS Permit Issued

    KP-297/2010 4 35 Albenca Street MENTONE 18/05/2010 13/08/2010

    CONSTRUCT AN EXTENSION TO A DWELLING ON A LOT LESS THAN 300sqm Permit Issued

    KP-504/2010 35 Island Point Avenue WATERWAYS 28/07/2010 13/08/2010

    SINGLE DWELLING Permit Issued

    KP-468/2010 17 Shoalwater Drive WATERWAYS 14/07/2010 13/08/2010

    SINGLE DWELLING Permit Issued

    KP-515/2010 3 Westbridge Court WATERWAYS 2/08/2010 13/08/2010

    SINGLE DWELLING Permit Issued

    KP-354/2010 Shop 1 627 Nepean Highway CARRUM 4/06/2010 13/08/2010

    SECTION 32 PLAN - TWO (2) LOT SUBDIVISION Permit Issued

    KP-312/2010 15 Luntar Road OAKLEIGH SOUTH 24/05/2010 13/08/2010

    TWO (2) DWELLINGS Permit Issued

    KP-475/2010 17 Pier One Drive

    PATTERSON LAKES 19/07/2010 13/08/2010

    SINGLE DWELLING (3 STOREY) ON LAND DESIGNATED LSIO Permit Issued

    KP-749/2009 1 490 Station Street CARRUM 16/11/2009 16/08/2010

    NINE (9) DWELLINGS

    Notice of Decision

    KP-602/2008 Reserve 1 Palm Grove Boulevard

    ASPENDALE GARDENS 23/06/2008 16/08/2010

    CREATION OF A FIVE (5) METRE WIDE CARRIAGEWAY EASEMENT Withdrawn

    KP-861/2009 1324-1328 Nepean Highway CHELTENHAM 23/12/2009 16/08/2010

    RESIDENTIAL BUILDING - 3 STOREY Permit Issued

    KP-70/2010 14 Bruthen Street MOORABBIN 12/02/2010 16/08/2010 TWO (2) DWELLINGS

    Notice of Decision

    KP-435/2010 14 Lochiel Avenue EDITHVALE 6/07/2010 16/08/2010

    TWO (2) LOT SUBDIVISION Permit Issued

    KP-616/2008/A 18 Foam Street ASPENDALE 7/05/2010 16/08/2010

    TWO (2) DWELLINGS - DUAL OCCUPANCY Permit Issued

    KP-471/2009 2 Aster Crescent HIGHETT 17/07/2009 16/08/2010

    THREE (3) DOUBLE STOREY DWELLINGS Permit Issued

    KP-471/2010 47 Mascot Avenue BONBEACH 14/07/2010 17/08/2010

    TWO (2) LOT SUBDIVISION Permit Issued

  • City of Kingston

    Ordinary Council Meeting Agenda 27 September 2010

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    KP-317/2010 11 Mallawa Street

    CLAYTON SOUTH 27/05/2010 17/08/2010

    TWO (2) LOT SUBDIVISION Permit Issued

    KP-520/2010 3 Barmah Place WATERWAYS 4/08/2010 17/08/2010

    SINGLE DWELLING ON LAND DESIGNATED LSIO Permit Issued

    KP-434/2010 20 Immerset Drive

    CHELSEA HEIGHTS 6/07/2010 17/08/2010

    TWO (2) LOT SUBDIVISION Permit Issued

    KP-848/2009 1 38-40 Bowman Street ASPENDALE 18/12/2009 17/08/2010

    THREE (3) LOT SUBDIVISION Permit Issued

    KP-237/2010 316 Highett Road HIGHETT 23/04/2010 17/08/2010 LlQUOR LICENCE Permit Issued

    KP-784/2008 1 619 Nepean Highway CARRUM 13/08/2008 17/08/2010

    2 LOT SUBDIVISION Refused

    KP-287/2010 18-20 Avondale Avenue CHELSEA 13/05/2010 18/08/2010

    ALTS & ADDS TO EXTISTING 3 STOREY APARTMENT BUILDING Permit Issued

    KP-399/2010 94 Fairbank Road

    CLAYTON SOUTH 23/06/2010 19/08/2010

    BUILDINGS & WORKS Permit Issued

    KP-507/2010 47 Rowans Road HIGHETT 28/07/2010 19/08/2010 TWO (2) LOT SUBDIVISION Permit Issued

    KP-453/2010 71 Church Road CARRUM 7/07/2010 19/08/2010 THREE (3) LOT SUBDIVISION Permit Issued

    KP-529/2010 Unit 1 10 Nepean Highway ASPENDALE 9/08/2010 19/08/2010

    CONSTRUCT AN EXTENSION TO A DWELLING ON LAND DESIGNATED WIHTIN A LSIO Permit Issued

    KP-393/2010 2 Foy Lane CHELSEA 23/06/2010 19/08/2010 TWO (2) LOT SUBDIVISION Permit Issued

    KP-313/2010 16 Third Avenue ASPENDALE 24/05/2010 19/08/2010

    SINGLE DWELLING ON LAND DESIGNATED - SBO Permit Issued

    KP-458/2010 11 Pooley Bridge Road MORDIALLOC 13/07/2010 20/08/2010

    SATELLITE DISH Refused

    KP-472/2010 9 Peace Street HIGHETT 19/07/2010 20/08/2010 TWO (2) LOT SUBDIVISION Permit Issued

    KP-43/2010 123 McDonald Street MORDIALLOC 29/01/2010 23/08/2010

    ELEVEN (11) DWELLINGS Permit Issued

    KP-1104/2008 3 1-3 The Strand CHELSEA 11/12/2008 24/08/2010

    BLD & WORKS - INSTALLATION OF ANTENNA

    Permit Not Required

    KP-376/2010 3-5 Freighter Road MOORABBIN 16/06/2010 24/08/2010

    BUILDINGS & WORKS Permit Issued

    KP-501/2010 2 10 Chute Street MORDIALLOC 28/07/2010 26/08/2010

    SINGLE DWELLING Permit Issued

    KP-502/2010 1 10 Chute Street MORDIALLOC 28/07/2010 26/08/2010

    CONSTRUCT A DWELLING (2 Permit Issued

  • City of Kingston

    Ordinary Council Meeting Agenda 27 September 2010

    12

    STOREY) ON LAND DESIGNATED WITHIN AN LSIO

    KP-402/2010 5 Harding Avenue BONBEACH 24/06/2010 26/08/2010

    FOUR (4) LOT SUBDIVISION Permit Issued

    KP-335/2010 14 Jean Street CHELTENHAM 1/06/2010 26/08/2010 FIVE (5) LOT SUBDIVISION Permit Issued

    KP-531/2010 81 White Street MORDIALLOC 10/08/2010 26/08/2010

    CONSTRUCT A DWELLING ON LAND DESIGNATED WITHIN A SBO Permit Issued

    KP-473/2010 6H Laura Street ASPENDALE 7/07/2010 26/08/2010

    REMOVAL OF RESERVE STATUS Permit Issued

    KP-391/2010 4 Hall Street CHELTENHAM 23/06/2010 26/08/2010 THREE (3) LOT SUBDIVISION Permit Issued

    KP-80/2010 46 Beach Road MENTONE 18/02/2010 26/08/2010

    BUILDINGS & WORKS (TENNIS COURT & PAVILION) Permit Issued

    KP-777/2009 11 Barbara Street MOORABBIN 24/11/2009 26/08/2010 FOUR (4) DWELLINGS Permit Issued

    KP-48/2010 11 Wannan Street HIGHETT 1/02/2010 26/08/2010

    WAREHOUSE/OFFICE DEVELOPMENT WITH REDUCED CAR PARKING REQUIREMENTS Permit Issued

    KP-553/2010 6 Mulga Lane WATERWAYS 17/08/2010 26/08/2010

    SINGLE DWELLING ON LAND DESIGNATED LSIO Permit Issued

    KP-424/2010 9 Holmby Road CHELTENHAM 2/07/2010 26/08/2010

    SINGLE DWELLING ON LAND DESIGNATED SBO Permit Issued

    KP-542/2010 11 Westbridge Court WATERWAYS 16/08/2010 26/08/2010

    SINGLE DWELLING ON LAND DESIGNATED LSIO Permit Issued

    KP-549/2010 61 Berry Avenue EDITHVALE 13/08/2010 31/08/2010 TWO (2) LOT SUBDIVISION Permit Issued

    KP-189/2010 80 Mills Road BRAESIDE 1/04/2010 31/08/2010

    BUILDINGS & WORKS - OFFICE/WAREHOUSE Permit Issued

    KP-460/2010 50 Parkers Road PARKDALE 13/07/2010 31/08/2010 THREE (3) LOT SUBDIVISION Permit Issued

  • City of Kingston

    Ordinary Council Meeting Agenda 27 September 2010

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    KP-383/2010 115 Mentone Parade MENTONE 21/06/2010 31/08/2010

    BUIDLINGS & WORKS Permit Issued

  • City of Kingston Ordinary Council Meeting

    Agenda 27 September 2010

    14

    M 176 KP731/09 – 142-152 Kingston Road, Heatherton APPLICANT: Neil Fletcher Design Pty Ltd ADDRESS OF LAND: No. 142-152 (Lot 20 on PS040093) Kingston Road, Heatherton MELWAY REF: 78 G11 PROPOSAL Construct buildings and works and to use the site as a plant nursery

    with the creation of an access to a road in a Road Zone – Category 1 CONTACT OFFICER: Nikki Taylor FILE NO: KP-731/2009 ZONING: Green Wedge Zone – Schedule 2 OVERLAY(S): Design and Development Overlay – Schedule 5 KINGSTON PLANNING SCHEME CONTROLS:

    State Planning Policy Framework Clause 12: Metropolitan and Regional Development Clause 17: Economic Development Local Planning Policy Framework Clause 21.03 – Land Use Challenges for the New Millennium Clause 21.10 – Non Urban Areas Clause 22.04 – South East Non Urban Area Policy Clause 22.15 – Outdoor Advertising Signage Policy Particular Provisions Clause 52.05 – Advertising Signs Clause 52.06 – Car Parking Clause 52.29 – Land Adjacent to a Road Zone Clause 27 – Metropolitan Green Wedge Land

    DECISION BY: 5 July 2010 NET DAYS: 120 days @ 3/9/2010 CONSIDERED PLAN REFERENCES/DATE RECEIVED

    Received 28 May 2010 886 version E

    RECOMMENDATION That a Notice of Decision to Grant a Planning Permit be issued subject to conditions outlined below. MAIN ISSUES RELATING TO THIS APPLICATION:

    - Car Parking / Access - Proposed Use - Green Wedge land - Drainage issues

    EXISTING CONDITIONS

  • City of Kingston Ordinary Council Meeting

    Agenda 27 September 2010

    15

    The subject site comprises a 8,094m2 allotment on the south side of Kingston Road, Heatherton on the corner of Pietro Road. It currently contains an existing office building, hothouses and various outbuildings. The site has been used in the past for a wholesale plant nursery and was more recently used for the sale of water tanks, an activity which is prohibited within the zone. Subsequent to enforcement action being taken by Council, the use was relocated. The site is encumbered by three (3) easements which run through the property. There is a covenant registered on the Certificate of Title. The covenant refers to prevention of inundation of the land and a requirement to maintain the drain which runs through the land in order to prevent inundation of the land. It is not proposed to construct any buildings over the easement which contains the drain and it is considered that the proposal should not result in a breach of the covenant. The surrounding area typically comprises a mix of various uses including residential, the Kingston Heath Golf Course, cleanfill/former quarry site and small scale agricultural uses. PROPOSAL IN DETAIL It is proposed to construct building and works and to use the site for a retail plant nursery. It is also proposed to construct a vehicular access to a road (Kingston Road) within a Road Zone – Category 1. It is proposed to erect a pole sign with a total height of 7 metres with a double-sided signage area of 3 square metres on each face, a total of 6 square metres. The existing buildings on the site are proposed to be retained and utilised within the business. It is also proposed to provide an open display area facing Kingston Road including various types of plants, some located under pergolas, an outdoor furniture display area, a water tank display area, construct a building for sales, provision of car parking spaces and a wholesale growing area. The access to Kingston Road is proposed to be left-in, left-out only. It is also proposed to construct a secondary vehicular crossover to Pietro Road. HISTORY Council records indicate that the following planning permits have been issued for the site: Planning Permit 6446 was issued by the former City of Moorabbin on 7 June 1994 for a variation of an easement. Planning Permit 85286 was issued by the former City of Moorabbin on 23 June 1994 for the storage of builder’s materials. ADVERTISING 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. Two (2) objections to the proposal were received. It should be noted that one of the objections was submitted on behalf of six (6) parties. The grounds of objection raised are summarised as follows: - Parking and traffic concerns

  • City of Kingston Ordinary Council Meeting

    Agenda 27 September 2010

    16

    - Consistency with Green Wedge Zoning provisions - Residential amenity concerns - Issues associated with previous use which was unauthorised under the Kingston Planning

    Scheme PRELIMINARY CONFERENCE A preliminary conference was held on 13 July 2010, with a Planning Officer, Ward Councillor(s), the Permit Applicant and four (4) objectors in attendance. The above-mentioned issues were discussed at length. The above concerns were unable to be resolved at the conference, and the objections still stand. However, subsequent to the conference, the applicant submitted a letter to Council for circulation to the objectors to the effect that all vehicular crossovers to Pietro Road would be removed if the objectors would withdraw their objections. Council forwarded this letter to the objectors on 4 August 2010, but received no response from the objectors.

    PLANNING SCHEME PROVISIONS The site is within a Green Wedge Zone and is subject to the Design and Development Overlay – Schedule 5. Kingston Road is identified in a Road Zone Category 1. Pursuant to Clause 35.04 – Green Wedge Zone, a planning permit is required to construct buildings and works and to use the site for a plant nursery. Pursuant to Clause 43.02 – Design and Development Overlay, Schedule, a planning permit is required to construct buildings and works which exceeds 25 metres in height expressed as a level above sea level. Pursuant to Clause 52.05 – Advertising signs, a planning permit is required for the erection of a pole sign. Pursuant to Clause 52.06 – Car parking, ten percent of the site must be set aside for car parking and access lanes, but not driveways. Pursuant to Clause 52.29, a planning permit is required to construct or alter access to a road in a Road Zone – Category 1. REFERRALS The application was referred to:

    • Council’s Development Engineer • Council’s Vegetation Management Officer • Roads and Drains Department

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    • Traffic Engineering Department • VicRoads • Moorabbin Airport Corporation

    The above-mentioned referral authorities had no objection to the proposal, subject to a number of conditions being included on any permit issued. DISCUSSION State Planning Policy Framework (SPPF) The SPPF outlines general objectives for use and development which is common to all municipalities within Victoria. As relevant to this application, Clause 12 – Metropolitan Development aims to ensure that land use always contributes to the economic, social and environmental goals outlined in this policy. Clause 12.02 – Better management of metropolitan growth, seeks to manage metropolitan growth in order to achieve sustainable outcomes and to protect valued environmental areas. Strategies to achieve this include establishing an urban growth boundary which will contain urban growth and define the non-urban area of Melbourne to be retained for rural and agricultural uses, natural resources, landscape, heritage, open space and conservation values. Further, this clause seeks to protect the green wedges from inappropriate development by ensuring strategic planning and land management of each green wedge area to promote and encourage its key features and related values as well as by supporting development that provides for environmental, economic and social benefits. Clause 17.05 – Agriculture, seeks to ensure the protection of productive farmland which is of strategic significance in the local or regional context. In considering applications to develop agricultural land, Councils should consider an assessment of the land capability and the compatibility between the proposed use and the existing uses of the surrounding land. The subject site was formerly used for many years as a wholesale plant nursery and it is considered that the proposed use, for a retail plant nursery, is consistent with this use. The subject site and surrounding land parcels are of a size which are not viable for alternative commercial agricultural uses being largely smaller parcels of land. The size of the surrounding sites vary from about 700m2 to around 8000m2, with most of the sites along Pietro Road being utilised largely for residential purposes. The definition of plant nursery is “Land used to propagate, grow, and sell plants. It may include the sale of gardening equipment and horticultural products.” This use is listed as Section 2 Use within the Green Wedge Zone, which is a use allowable within the zone subject to a planning permit being issued. Given the site’s location on a main road and the consistency with the previous use carried out on the site, it is considered that the proposal is generally in accordance with the State Planning Policy Framework. Local Planning Policy Framework

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    Kingston has recognised the nature of its Green Wedge land and provided policies for future use through its Municipal Strategic Statement and Local Planning Policies. These are considered to be key planning documents in the assessment of any proposal in Kingston’s Green Wedge. Municipal Strategic Statement (MSS) – Clause 21.03 recognises that the sustainable management of Kingston’s non-urban areas is one of the largest challenges facing the municipality. Kingston seeks to create a ‘hard edge’ between the urban and non-urban areas which is clear, stable and capable of enduring development pressure. Kingston’s objectives for non-urban areas include: • Supporting the green wedge concept. • Protecting the use of high quality agricultural land for agricultural purposes. • Protecting the viability of key industries existing in the non-urban area through promoting the

    re-use of landfill sites for open space and recreational facilities and considering commercial and industrial enterprise which make significant contributions to the ‘chain of parks’ concept and result in a net community benefit.

    • Protecting and enhancing environmental values including wetlands, flora and fauna habitats and drainage functions.

    • Managing the edge of urban areas in a manner which ensures that the non-urban area is both stable and enduring.

    Conditions relating to the protection of the existing drain running through the site will ensure that the drainage function of the site is protected. Further, it is considered that the plant nursery is consistent with agricultural uses in the surrounding Green Wedge and is a use which is present within Kingston’s Green Wedge areas. The subject site is not considered to be high quality agricultural land, due to its limited size, however, the ability of the site to accommodate significant permanent and temporary planting will contribute to the garden/rural character of the area. It is considered that this will result in a net community benefit which is envisioned in the MSS. Clause 22.04 – South-East Non Urban Area Policy It is policy that all proposals and planning outcomes: • Protect and create a high quality rural landscape • Protect and create flora and fauna habitats and networks • Create public open spaces and open space linkages • Result in clear and sustainable urban boundaries • Result in an urban form which is of a high design standard and low visual impact. Whilst the existing character of the land could not be called “high quality rural landscape” it is considered that the inclusion of visible planting on the site will contribute to both improving the appearance of the landscape and producing an urban form which has a low visual impact. Further, while the above policy addresses preferred uses for the South East Non Urban Area in the Kingston Planning Scheme, including considering urban related uses, the current Green Wedge Zone provisions are more restrictive, effectively preventing some of these uses. Therefore, it is considered appropriate to discuss the zoning provisions together with the provisions of Clause 57 – Metropolitan Green Wedge Land. However, it should be noted that agriculture and horticulture are

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    preferred uses under the Local Policy and it should be noted that some of the site area will be set aside for horticultural purposes (crop raising). Green Wedge Provisions These are outlined in Clause 35.04 Green Wedge Zone – Schedule 2 and Clause 57 Metropolitan Green Wedge Land. As discussed above, it is considered that the proposed use is a Section 2 use and can therefore be considered by Council and a permit issued, if it is deemed an appropriate use by the responsible authority taking into consideration the applicable policy provisions. The purpose of the Green Wedge Zone is to: • To recognise, protect and conserve green wedge land for its agricultural, environmental,

    historic, landscape, recreational and tourism opportunities, and mineral and stone resources. • To encourage use and development that is consistent with sustainable land management

    practices. • To encourage sustainable farming activities and provide opportunity for a variety of productive

    agricultural uses. • To protect, conserve and enhance the cultural heritage significance and the character of open

    rural and scenic non-urban landscapes. • To protect and enhance the biodiversity of the area. This purpose is generally consistent with the SPPF and LPPF objectives and strategies outlined above. As stated above the proposed use of plant nursery is use allowable within the zone subject to a planning permit being issued. Other uses nominated within Section 2 of the Zone include, place of worship, exhibition centre, leisure and recreation, market and vehicle store. It is considered that the proposed use is consistent with the surrounding uses, which include golf course, agricultural uses and residential uses. Planning permits have been issued in recent years nearby for dwellings, warehouse buildings for the storage of agricultural materials and creation of access to a road within a Road Zone – Category 1. It is considered that the proposed use is consistent with other approved uses in the surrounding area. However, it is considered that some of the activities proposed within the use are not consistent with the definition of ‘plant nursery’. It is proposed to have some water tanks on display at the plant nursery but the applicant has indicated that these are for display purposes only and that no tanks will be stored or sold directly from the site. The sale of water tanks can be considered to be part of a plant nursery and included within the definition which includes the sale of ‘equipment’. However, it is considered that the area set aside for the display of the water tanks is excessive and should be reduced to a size which is clearly more ancillary to the primary use of plant nursery rather than a separate, or dominant use in its own right. The size of the tank display area should be reduced from 420m2 to 150m2, which should still be sufficient area to display a small range of tanks, which may be considered to be ancillary to the primary use of propagating, growing and selling plants. This should be required as a condition of any permit issued.

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    Further, the sale of outdoor furniture is clearly something which is not consistent with the definition of ‘plant nursery’. The sale of furniture is something which is clearly defined within the planning scheme under the definition of ‘restricted retail premises’, which is clearly prohibited within the zone. Whilst it could be argued that the sale of outdoor furniture is an activity which can naturally fit within the proposed use, the definition of plant nursery includes the sale of “gardening equipment and horticultural supplies”. The Tribunal, in its decision, Estina v Morninton Peninsula SC [2008] VCAT 1208 (25 June 2008), states that:

    “Gardening equipment and horticultural products are not defined terms. However, in common usage it is easy to contemplate a familiar range of products commonly sold at existing plant nurseries that would fit into this description: • Gardening tools

    • Potting mixes

    • Fertilisers

    • Mulches

    • Seeds and bulbs for propagation

    • Water saving devices

    • Sprays

    • Pots and planters.” Outdoor furniture does not fall within this group of products, nor does it fall within a definition which could be considered to be associated with gardening equipment and horticultural products, therefore, it is considered that the sale of outdoor furniture should be removed from the plans. Any development of the subject site will be heavily restricted by the drain which runs through the middle of the site. The proposed use will allow for this drain to be protected, thereby assisting in the flood protection of the area, therefore, it is considered that the proposed use, subject to conditions, it appropriate for the site. Particular provisions Advertising sign Pursuant to Clause 52.05 – Advertising Signs, of the Kingston Planning Scheme, the subject site is located within Category 3 – High Amenity Areas. As such, a planning permit is required for the erection of a pole sign. It should be noted that there is existing signage on the site which has been erected without planning permits. A condition of any permit issued should be to the effect that all signage other than that approved under the planning permit must be removed from the site prior to the commencement of works. Any other signage other than that approved under this planning permit would require further planning permission, however, given the nature of the erection of signage on the site, it is considered reasonable to reinforce this through permit conditions.

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    The proposed sign has a total height of 7 metres, which is similar to the height of a double storey dwelling, and would be double-faced, with each face to be 3 square metres in area. It is not proposed to illuminate this signage. Given the site’s location on a main road and together with the removal of all other signage from the site, it is considered reasonable to allow the proposed sign. Car parking The proposed area set aside for car parking is consistent with the requirements outlined in the table to Clause 52.06 – Car Parking of the Kingston Planning Scheme. However, it is considered that the car parking layout requires further refinement, such as increasing the width of the aisles to comply with the relevant Australian Standard, which can be dealt with under conditions of any permit issued. Creation of access to a road in a Road Zone – Category 1 The application was referred to VicRoads as Kingston Road is located within a Road Zone – Category 1. VicRoads had no objection to the proposed vehicular crossover subject to inclusion of suitable conditions on any permit issued. Response to grounds of objection Parking and traffic concerns – these concerns are two-fold. Concerns raised referred to the previous use of the site for the sale of water tanks which was prohibited under the zone and was dealt with via enforcement. Concerns raised in relation to this use were the time of deliveries and truck movements within the street, including on-street parking of trucks and other vehicles. The proposed use provides on site car parking in accordance with the requirements outlined under Clause 52.06 – Car parking, of the Kingston Planning Scheme. Under Clause 52.06, ten percent of the site must be set aside for car parking and access lanes, not including driveways. It is considered that the proposal exceeds this requirement. Further, unlike before, provision has been made on site for deliveries from trucks including loading and unloading of goods. Therefore, there should be minimal impact upon on-street parking from the proposed development. The second issue in relation to traffic that has been raised by objectors, is that they are concerned that traffic from the proposed use will ‘compete’ with existing residential traffic for access from Pietro Road onto Kingston Road. The application was referred to Council’s Traffic Engineers who advised that the traffic movements would be in the region of 114 movements (both in and out) during peak times which, for this type of use is normally on weekends. During the commuter week peak times, vehicle movements to and from the site would be minimal, thereby not adversely affecting other vehicles utilising this intersection. The access to Kingston Road would allow left-in and left-out movements to and from the site, so vehicles from the proposed use utilising Pietro Road would only be those vehicles wishing to turn right from Kingston Road into the site and those wanting to turn right onto Kingston Road from Pietro Road. Therefore, traffic movements to and from the site would be distributed over the two (2) crossovers, thereby reducing the impact upon existing traffic. Pietro Road is not a residential street. Further, due to the zoning of the site and the restrictions associated with subdivision outlined in Schedule 2 to the Green Wedge Zone, it is unlikely that the nature of the existing traffic within Pietro Road would alter significantly to warrant refusal of the application on traffic grounds. Residents of Pietro Road, which is located within the Green Wedge

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    Zone, cannot expect traffic conditions to be consistent with a normal residential street. Further, as the subject site is located on the corner of Pietro Road and Kingston Road, traffic associated with the proposed use should be limited to this section of the street. As discussed above, the peak times of the proposed use are unlikely to be the same as the peak commuter times, therefore, the impact of vehicles being able to enter Kingston Road from Pietro Road during these peak commuter times should not be greatly increased by the proposed use. It is therefore, considered that the impact of the proposed use upon the traffic within Pietro Road would not be unreasonable, given the zoning of the area. Consistency with Green Wedge Zoning provisions – as discussed above, it is considered that the proposed use is consistent with the zoning provisions and as such, is a permitted use within the Green Wedge Zone. Residential amenity concerns – concerns have been raised in relation to the amenity of the area as result of the proposed use. It is considered that these concerns are based upon the impact upon residential amenity. However, this is not a residential area. Whilst there are dwellings located within the street, the subject site and the whole street is located within the Green Wedge Zone – not a Residential Zone. As such, rural-type activities can be expected within the area, including activities that create a certain amount of noise, odour and traffic movements. It is considered that the proposed use will not unreasonably affect the amenity of the area, however, standard amenity conditions can be placed on any permit issued, which should sufficiently address these concerns. Further, it should be noted that it is proposed to provide a 4 metre wide landscaping strip adjacent to the existing dwelling abutting the site at No. 13-21 Pietro Road. This landscaping strip should be sufficient to protect the amenity of this dwelling from unreasonable visual intrusions and noise from the proposed use. Issues associated with previous use which was unauthorised under the Kingston Planning Scheme – these have been discussed above. It is acknowledged that there were problems associated with the previous sale of water tanks from the site which have been addressed through enforcement action. It cannot be assumed that the same issues will arise with a different use and different site conditions proposed under this permit. However, as discussed above, the restriction of the area of the site set aside for the display of the water tanks, should resolve these concerns. CONCLUSION The proposed use and development is considered appropriate for the site as evidenced by:

    • The design and siting of the proposed development to be compatible with the surrounding area;

    • The proposal should not have an unreasonable detrimental impact on surrounding properties (subject to appropriate conditions); and,

    • The proposal satisfies the requirements of the Kingston Planning Scheme, including the SPPF, MSS, Zoning / Overlay controls and Particular Provisions.

    On balance and subject to the inclusion of suitable conditions, the proposal is considered reasonable and warrants support.

    RECOMMENDATION

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    That a Notice of Decision to Grant a Planning Permit for buildings and works and to use the site for a plant nursery, to erect advertising signage and to create an access to a road in a Road Zone – Category 1 be issued subject to the following conditions: 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 submitted to Council on 28 April 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. The schedule must be shown on the plan;

    ii) the delineation of all garden beds, paving, grassed areas, retaining walls, fences and other landscape works including areas of cut and fill throughout the development;

    iii) all existing trees on the site and within three (3) metres 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; 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 two (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 on the landscape plan regarding site preparation, including the

    removal of all weeds, proposed mulch, soil types and thickness, subsoil preparation and any specific maintenance requirements:

    b) the car parking aisle widths increased to 6.4m without the loss of any car parking spaces on site;

    c) the actual location of the existing 1200mm diameter stormwater drain traversing the property and the endwall, and any modifications required to the proposed shed and car parking so as to not affect the drain;

    d) a note stating: “The 1200mm diameter stormwater drain traversing the property must be protected all times during construction”;

    e) the vehicle crossings to Kingston Road to be provided with a 2.5 metre wide shared path section through the vehicle crossings, dark brown to Kingston Council Standards, with the crossings constructed as per Vic Roads standards;

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    f) the corner gate of Pietro Rd and Kingston Rd reduced in size to allow for pedestrian access only and no vehicular access;

    g) the vehicle crossings in Pietro Road are to be separated by an island between the existing garage and double gates and must include a footpath section.

    h) All gates located along the site’s boundaries nominated to open inwards to the site; i) a reduction in the area set aside for the display of water tanks to a maximum of 150 square

    metres; and

    j) the deletion of the area set aside for the sale of outdoor furniture.

    2. The development and use as shown on the endorsed plans must not be altered without the written consent of the Responsible Authority.

    3. The drain as described in Condition 1 a) and b) must be protected all time during construction.

    4. The development of the site must be provided with stormwater works which incorporates the use of water sensitive urban design principles to improve stormwater runoff quality and which also retains on site 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 satisfactory options to achieve these desired outcomes which may include the use of an infiltration or bioretention system, rainwater tanks connected for reuse and a detention system.

    5. Before the development commences, a Stormwater Management Plan showing the stormwater works to the nominated point of discharge must be prepared to the satisfaction of the Responsible Authority. The Stormwater Management Plan must be prepared by a qualified person and show all details of the proposed stormwater works including all existing and proposed features that may have impact (e.g. trees to be retained, crossings, services, fences, abutting buildings, existing boundary surface levels, etc.).

    6. Stormwater works must be provided on the site so as to prevent overflows onto adjacent properties.

    7. Any modifications to any Council’s stormwater pit/endwall located within the property and/or the road reserve must be to Council’s Standards and satisfaction.

    8. Conditions required by VicRoads:

    a) Prior to the commencement of the permitted works including alteration to the access at Kingston Road, a functional layout plan generally in accordance with the submitted plans but modified to show the following must be submitted to and approved by VicRoads;

    i) the edges of the vehicular crossover angled at 60 degrees to the Kingston Road reserve boundary, to improve entry and exit conditions;

    ii) appropriate signage and line markings at the Kingston Road access to restrict the access to left in and left out only;

    b) Prior to the commencement of the use the access at Kingston Road must be constructed in accordance with the approved functional layout plan.

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    9. Conditions required by Moorabbin Airport Corporation:

    a) The land may be affected by the aircraft noise associated with the operations of Moorabbin Airport. Applicants should make their own enquiries about approved Noise Australian Exposure Forecast contours and must comply at their own expense with any noise attenuation measures required by Section 3 of the Australian Standard AS2021-1994, Acoustics – Aircraft Noise Intrusion Building Siting and Construction issued by Standards of Australia;

    b) The applicant shall take cognizance of any potential increase or change to air traffic patterns and air traffic volumes as outlined in the Approved Master Plan for Moorabbin Airport.

    10. Before internal driveways or external vehicle crossings are constructed, road reserve and building line levels are to be obtained from Council.

    11. Gravelled areas surrounding the site including on the corner of Pietro Rd and Kingston Rd are to be reinstated to grass nature strip.

    12. 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 Authority’s standard specification.

    13. Access to the site must be constructed in accordance with the requirements of Vic Roads and the Responsible Authority.

    14. The loading and unloading of goods to and from vehicles must only be carried out on the land.

    15. The amenity of the area must not be detrimentally affected by the development and use, through the:

    i) Transport of materials, goods or commodities to or from the land. ii) Appearance of any building, works or materials. iii) Emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot,

    ash, dust, waste water, waste products, grit or oil.

    iv) Presence of vermin. v) Any other way.

    16. Before occupation of the development hereby permitted, 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.

    17. Before occupation of the development hereby permitted, areas set aside for parking vehicles, access lanes and paths as shown on the endorsed plans must be:

    i) Constructed to the satisfaction of the Responsible Authority. ii) Properly formed to such levels that they can be used in accordance with the plans. iii) Surfaced with an all-weather surface to the satisfaction of the Responsible Authority. iv) Drained to the satisfaction of the Responsible Authority.

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    v) Appropriately marked to indicate each car parking area, all access lanes and, if necessary, the direction in which vehicles are to travel to the satisfaction of the Responsible Authority.

    vi) In accordance with any Council adopted guidelines for the construction of car parks.

    Parking areas and access lanes must be kept available for these purposes at all times and maintained to the satisfaction of the Responsible Authority.

    18. 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. 19. The use must operate only between the hours of:

    Monday to Sunday: 9.00am to 5.00pm

    Or otherwise as approved by the Responsible Authority in writing. 20. The development and use of the site shall not cause nuisance or be detrimental to the amenity of

    the neighbourhood by the emission of noise. In this regard any nuisance shall be assessed in accordance with the Australian Standards AS1055 and AS2107 relating to the measurement of Environmental Noise and recommended sound levels.

    21. No goods or packaging materials shall be stored or left exposed outside the building so as to be

    visible to the public from a road or other public place. 22. All external surfaces of the building elevations must be finished in accordance with the schedule on

    the endorsed plans and maintained in good condition to the Responsible Authority’s satisfaction. 23. The location and details of the sign(s) shown on the endorsed plans must not be altered without the

    prior written consent of the Responsible Authority. 24. Signs must not be illuminated internally or by external lights except with the prior written consent of

    the Responsible Authority. 25. Any existing advertising sign on the land must be removed prior to the commencement of the use or

    development authorised by this permit. 26. No signs or other advertising or identification may be erected or displayed on the site without written

    Council consent. 27. Once the development has started it must be continued and completed to the satisfaction of the

    Responsible Authority. 28. This permit (or part of the permit that relates to advertising signs) expires fifteen (15) years from the

    date of this permit. 29. 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 and use are not started before two (2) years from date of this permit.

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    • The development is not completed before one (1) year from the commencement of works.

    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 or use you are required to obtain the necessary

    Building Permit. OR Council can resolve to refuse to grant a planning permit for buildings and works and to use the site for a plant nursery, to erect advertising signage and to create an access to a road in a Road Zone – Category 1 on the following grounds: 1. The proposed use of the site, including the sale of water tanks and outdoor furniture, is inappropriate having regard to the objectives and decision guidelines of the Green Wedge Zone, located at Clause 35.04 of the Kingston Planning Scheme. 2. The operating hours of the proposed use is excessive and will have a detrimental impact on the amenity of the area in terms of traffic, car parking and noise. 3. The height of the proposed pole sign is inconsistent with the rural nature of the surrounding area.

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    M 177 KP248 – 2-4 Blagdon Street, Cheltenham APPLICANT Peter Wright and Associates Pty Ltd ADDRESS OF LAND No. 2 & 4 (Lots 2 & 3 on PS 020225) Blagdon Street,

    Cheltenham PROPOSAL Ten (10) Dwellings PLANNING OFFICER Jennifer Pippo REFERENCE NO. KP-248/2010 RELEVANT STATE PLANNING POLICY FRAMEWORK

    Clause 12: Metropolitan Development Clause 14: Settlement Clause 16: Housing 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: MSS – Residential Land Use Clause 22.01: Cheltenham Business Centre Policy Clause 22.11: Residential Development Policy

    ZONE R1Z OVERLAYS N/A PARTICULAR PROVISIONS Clause 52.06: Car Parking

    Clause 55: Two or More Dwellings on a Lot & Residential Buildings

    GENERAL PROVISIONS Clause 65: Decision Guidelines RESIDENTIAL POLICY AREA

    Increased Housing Diversity

    CONSIDERED PLAN REFERENCES/DATE RECEIVED

    17 September 2010

    1.0 KEY ISSUES 1.1 The key planning issues arising from this proposal relate to:

    • Strategic land use and development identified for the site • Traffic considerations • Neighbourhood character • Built form considerations • Amenity impact (internal and external) • Any areas of non-compliance with ResCode

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    2.0 PROPOSAL 2.1 It is proposed to demolish the existing dwellings and associated outbuildings on the land and

    construct ten (10) dwellings on this site.

    2.2 Analysing the application before Council, the following summary is provided:

    Western building • Development of six attached three-storey dwellings consisting of five two bedroom and

    one single bedroom dwellings. • Each dwelling is provided with a single space garage incorporated on the ground floor

    level with access provided from the central common driveway, within the development site.

    • Ground floors include laundry and powder room facilities, courtyard areas and a sitting room that includes a stairway to the upper levels.

    • First floors consists of main living areas including kitchen, meals and living rooms with secluded private open space provided in the form of balconies along the western elevation.

    • Second floors consist of bedrooms with Dwelling 1 to 5 including two bedrooms with Dwelling 6 provided with one bedroom. All bedrooms are provided with private ensuite facilities.

    Eastern building • Development of four attached two-storey dwellings consisting of two bedrooms. • Each dwelling is provided with a single space garage incorporated on the ground floor

    level with access provided via an existing and centrally located crossover and common driveway along Blagdon Street.

    • Ground floors consist of one bedroom with bathroom and laundry facilities, a sitting room and courtyard areas.

    • First floors consist of one bedroom and living areas including kitchen, meals and living room. Secluded private open space is provided in the form of balconies located along the west and north building elevations.

    2.3 The proposal has an overall site coverage of approximately 55.2 percent and a permeability

    percentage of 22.9. 2.4 The three-storey (western) building has an overall height of approximately 9 metres. 2.5 The two-storey (eastern) building has an overall height of approximately 6.35 metres. 2.6 Development Assessment Table:

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    Criteria ResCode Requirement Proposed Development Provision Private Open Space

    An area of 40m2, with one part of the private open space to consist of secluded private open space at the side or rear of the dwelling with a minimum area of 25m2, a minimum dimension of 3 metres and convenient access from a living room, or A balcony of 8 square metres with a minimum of 1.6 metres with convenient access from a living room.

    Complies. All dwellings are provided with secluded private open space in the form of balconies which comply with the minimum ResCode requirements.

    Car Parking One (1) car parking space for one (1) or two (2) bedroom dwelling with one (1) visitor space for every five (5) dwellings.

    Does not comply. While all dwellings are provided with one (1) single space garage which complies with ResCode; only one visitor car parking space is provided on-site where two (2) are required.

    Front Setback The average distance of the setbacks of the front walls of the existing buildings on the abutting allotments facing the front street or 9 metres, whichever is the lesser.

    Does not comply. The setback of the adjoining dwelling is 7.5 metres and is therefore the required minimum setback. The proposal does not comply as a 4 metre setback is provided for the eastern building and a 3 metre setback provided for the western building. This area of non-compliance is discussed, in detail, at a later stage within this report.

    Site Coverage Maximum 60% - as per ResCode

    Complies. Site coverage is 55.2%.

    Building Height

    The maximum building height should not exceed 9 metres in this instance.

    Complies. The maximum building height nominated on the plans is 9 metres.

    2.7 The proposed building materials, colours and finishes are summarised in the table below:

    Roof: Flat metal roofing to be concealed. Walls: Combination of select face brick for ground floors, rendered paint finish, jointed

    cement sheet cladding, aluminium screens and vertical cement sheet cladding. Windows: Aluminium framing. Driveways: Concrete sealed. Front fencing: Timber fencing Boundary fences: Timber paling. 3.0 SITE PARTICULARS 3.1 The subject site comprises two (2) separate allotments of relatively flat ground with a

    combined area of 1,171m2. The site which exhibits a combined frontage of 31.5 metres is located on the southern side of Blagdon Street, which is a local street comprising of residential development to the east and commercial/retail to the west.

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    3.2 A 3.6 metre wide laneway extends along the entire western side boundary. The site is

    located within the Cheltenham Major Activity Centre being zoned Residential 1 and adjacent to land zoned Business 1 to the west, which fronts on to Charman Road.

    3.3 Each lot currently contains a single storey dwelling. The site does not contain any

    significant vegetation. The site is encumbered by a 1.83 metre wide easement along its rear property boundary. There appears to be no restrictions listed on the Certificate of Title. The proposed development is not considered to result in any breach of restriction.

    3.4 Vehicle access to the site is currently via two (2) single width crossover located along the

    Blagdon Street frontage. There are three existing street trees located centrally to each lot which are to be retained as part of the proposal.

    4.0 ADJOINING PROPERTIES & SURROUNDS 4.1 The aerial photograph provided below provides an illustrative analysis of the Subject Land

    and surrounding environs, which is quite varied given the zoning of land in the immediate area.

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    4.2 Development to the east consists of one (1) single storey weatherboard dwelling set back 1.8 metres from the shared boundary and includes a number of windows facing the site. The dwelling is set back 7.48 metres from Blagdon Street with private open space provided within a large rear yard.

    4.3 Land to the south consists of single storey residential development which is addressed to Barrett Street. The dwelling at No. 1 Barrett Street is set back 16.4 metres from the shared boundary with No. 3A being a rear dwelling of a two (2) dwelling development setback 3 metres.

    4.4 Land to the west and which enjoys access and direct abuttal to the laneway currently consists of a large vacant site at the corner of Blagdon Street and Charman Road. The site is subject to an active planning permit (KP197/08) issued by the direction of the Victorian Civil and Administrative Tribunal (VCAT) allowing the development of a four (4) storey building incorporating four (4) shops, thirty-six (36) dwellings and partial waiver of on-site car parking requirements. Land further to the south consists of long narrow commercial properties, which front Charman Road.

    4.5 Land opposite the site being No. 1 Blagdon Street consists of a double storey residential

    apartment building with residential use consisting of single and double storey built form continuing along Blagdon Street to the east. A recently constructed three-storey apartment building exists at No. 250 Charman Road with access provided via Blagdon Street with a two-storey commercial component provided to the west of the residential use.

    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 CONTROLS 6.1 The subject site is located within a Residential 1 Zone and is not subject to any overlays.

    7.0 PLANNING PERMIT REQUIREMENTS 7.1 Pursuant to Clause 32.01-4 (Residential 1 Zone), a planning permit is not required to use

    the site for residential purposes. 7.2 Pursuant to Clause 32.01-4 (Residential 1 Zone), a planning permit is required to construct

    two (2) or more dwellings on a lot. 8.0 RELEVANT HISTORY 8.1 Council records indicate that there is no relevant planning history relating to this site.

    9.0 ADVERTISING

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    9.1 Prior to advertising, the Permit Applicant submitted revised plans on 2 July 2010 that

    addressed some of the initial concerns outlined within the Planning Officer’s further information letter. It was these revised plans that formed part of the advertising documentation, however have since been amended by the Permit Applicant on 17 September 2010. For clarification purposes, the most recently amended plans are those which are to be relied upon and considered by Council.

    9.2 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. Six (6) objections to the proposal were received by Council. The valid grounds of objection raised are summarised as follows:

    • Loss of privacy • Overshadowing • Parking and traffic concerns • Drainage • Neighbourhood character • Waste management • Removal of vegetation • Overdevelopment of the land

    10.0 PRELIMINARY CONFERENCE 10.1 A preliminary conference was held on 19 August 2010 with the relevant Planning Officer,

    Ward Councillor(s), the Permit Applicant and four (4) objectors in attendance. The above-mentioned issues were discussed at length.

    10.2 Some of the above concerns were resolved at the conference, namely the applicant consenting to the

    provision of lattice extension along the rear boundary fence, the provision of south facing highlight windows and there to be no heating or cooling units located along the southern rear elevation plan.

    10.3 No objections have been formally withdrawn. 11.0 REFERRALS 11.1 The following internal referral departments were notified:

    • Council’s Development Engineer • Council’s Vegetation Management Officer • Council’s Strategic Planning Department (Urban Designer) • Council’s Traffic Department • Council’s Environmental Planning Officer

    11.2 The above-mentioned referral authorities had no objection to the proposal, subject to

    conditions being included on any permit issued. However, it should be noted that Council’s

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    Strategic Planning Department advised that an apartment style building would be preferred, rather than the proposed townhouse arrangement. This view was expressed to the Permit Applicant at the initial stages of the application being lodged with Council; however the Permit Applicant opted to proceed with the application in much the same form as that currently before Council.

    11.3 The ‘Planning Consideration’ section of this report will further elaborate on comments

    received from Council’s internal referral departments, where necessary. 12.0 RELEVANT POLICIES 12.1 State Planning Policy Framework (SPPF)

    Clause 12: Metropolitan Development Clause 14: Settlement Clause 15: Environment Clause 16: Housing Clause 18: Infrastructure Clause 19: Particular Uses and Development

    12.2 Local Planning Policy Framework (LPPF) Clause 21.03: Land Use Challenges for the New Millennium Clause 21.04: Vision Clause 21.05: MSS – Residential Land Use Clause 22.01: Cheltenham Business Centre Policy Clause 22.11: Residential Development Policy

    12.3 Particular Provisions

    Clause 55: Two or More Dwellings on a Lot & Residential Buildings

    12.4 General Provisions Clause 65 (Decision Guidelines)

    12.5 Neighbourhood Character Area Guidelines (Incorporated Document under Clause 21.05 –

    Residential Land Use of the LPPF)

    The land is located within Area 10 of the Neighbourhood Character Guidelines. The proposal is generally in accordance with the applicable character profile. The proposal responds appropriately to aspects of the character type including maintaining a detached for of development when viewed from Blagdon Street, simple building footprints when viewed from the streetscape and consistent window treatments. Any areas of non-compliance are as follows: Building placement – States setbacks ranging from 7 to 10 metres and narrow side setbacks of 1 to 3 metres. The proposal includes a reduced front setback and sections of the building

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    built to side boundaries. This aspect of the development is discussed in greater detail in the Planning Consideration section of this report. Roof Shape – States either complex hipped or combination design being prevalent whilst the proposal is for a flat roof which is concealed from public view. The proposed roof type is considered to be appropriate and consistent with the architectural design of each building and reduces the height and visual bulk of the built form. Materials – Roofs of various colours and white weatherboard cladding are identified as making a major contribution to neighbourhood character. As already stated, the roof design is considered to be appropriate whilst the provision of vertical sheet cladding provides a comparable treatment to weatherboard cladding and contributes to the visual interest of the building. Front boundary and garden – Low wall or fence and landscape themes characterise the streetscape. Whilst the provision of a 1.7 metre high horizontal slat fence is proposed, it is considered that this matter can be addressed via the inclusion of a condition on any permit issued.

    11.6 Design Contextual Housing Guidelines (April 2003 – reference document within Clause 22.11 – Residential Development Policy).

    The Design Contextual Housing Guidelines offer a range of design techniques and

    suggestions to assist with residential design, which is responsive to local character. It is considered that the proposed development does not raise any issues of non-compliance

    with these guidelines. 13.0 PLANNING CONSIDERATIONS: 13.1 State and Local Planning Policy Framework

    The State Planning Policy Framework sets out the relevant state-wide policies for residential development at Clause 11 (Goals and Principles), Clause 12 (Metropolitan Development), Clause 14 (Settlement), Clause 16 (Housing) and Clause 19 (Design and Built Form). Clause 11 requires Council to integrate the range of policies relevant to the issues to be determined and to balance conflicting objectives in favour of net community benefit and sustainable development. The provisions of Clause 12 override other strategies in the SPPF where there are strategy differences. Clause 12 essentially reproduces the policy directions of Melbourne 2030 and it outlines objectives and strategies under each policy to achieve the goals of Melbourne 2030. Of specific relevance to the consideration of this application, it encourages urban consolidation in appropriate locations and stresses the need to accommodate the projected population increase (i.e. 620,000 households by 2030) in and around activity centres, established residential areas and strategic redevelopment sites. Clause 14 aims to ensure there is a sufficient supply of land available for residential development to facilitate the orderly development of urban areas.

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    Clause 16.01-1 aims to encourage residential development that is cost-effective in infrastructure provision and use, energy efficient, incorporates water-sensitive design principles and encourages public transport use. Clause 19.03 relates to the Design and Built Form of developments and aims to ensure that developments achieve high quality designs that contribute positively to the urban character of the area. It is submitted that the proposed development satisfies the aforementioned State strategies and policy direction. Specifically, the subject site is located on a large parcel of land earmarked for residential purposes, whereby residential development is an ‘as of right’ use under the zoning provisions. The site enjoys convenient and direct access to community facilities and the like, including convenient proximity to public transport nodes (i.e. Cheltenham Railway Station and local bus routes along Charman Road).

    13.2 Local Planning Policy Framework

    The Local Planning Policy Framework (LPPF) contains Council’s strategic direction, the Municipal Strategic Statement (MSS), which is an extension of the direction established by the SPPF, and the local policies that implement the LPPF. Within Clause 21 (MSS) of the Kingston Planning Scheme, the following six (6) attributes are submitted as being the most relevant to the consideration of the proposal: ß Clause 21.03: Land Use Challenges for The New Millennium ß Clause 21.04: Vision ß Clause 21.05: Residential Land Use ß Clause 22.01: Cheltenham Business Centre Policy ß Clause 22.11: Residential Development Policy After reviewing the relevant strategic directions that emerge from the abovementioned Clauses, the following can be summarised: ß Clause 21.03: Land Use Challenges for The New Millennium identifies the need for the

    Municipality to provide suitable housing stock that meets future housing demands and to sustain an appropriate mix of supporting urban infrastructure. It is further stated that recent pressures for new development, consolidation and medium density housing has resulted in change to the amenity and character of local areas. It is acknowledged that careful management will be required in order to integrate urban consolidation objectives with an understanding of specific character issues applicable to certain neighbourhoods.

    ß Within Clause 21.04-3: Strategic framework plan (Clause 21.04 Vision), provides for the strategic direction for future land use planning and development within the City of Kingston. This Policy includes a Strategic Land Use Framework Plan, which identifies the location of where specific land use outcomes are anticipated, supported and promoted.

    ß The major strategic directions identified on the overall Framework Plan include:

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    o Locations for promotion of medium and higher density housing opportunities i.e.

    areas designated for increased density housing opportunities and activity centres.

    ß The City of Kingston’s MSS at Clause 21.05 (Residential Land Use) of the Kingston Planning Scheme, seeks to provide guidance to development in residential zoned land, mixed use zoned lands and land within activity centres. The Residential Land Use Framework Plan illustrates the range of housing outcomes sought across the City of Kingston.

    ß Pertinent to the consideration of this application, the policy goes on to state that “The vision for

    Kingston’s residential areas outlined in the Kingston Residential Strategy - September 2000 is: to promote and facilitate both increased local housing diversity to meet the changing housing needs of the community and increased liveability within an integrated planning framework. The MSS seeks to promote medium density housing in locations better suited to accommodating housing change and to moderate the rate and type of housing change in other locations”.

    ß Relevant objectives and strategies in Clause 21.05-3: Residential Land Use include:

    o To provide a range of housing types across the municipality to increase housing diversity and cater for the changing housing needs of current and future populations, taking account of the capacity of local areas in Kingston to accommodate different types and rates of housing change. This is to be achieved through encouraging residential development within activity centres via mixed-use development, and on transitional sites at the periphery of activity centres.

    o To ensure new residential development respects neighbourhood character and is site responsive, and that medium density dwellings are of the highest design quality. This is to be achieved through promoting 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.

    o To promote more environmentally sustainable forms of residential development. To be achieved through promoting medium density housing development in close proximity to public transport facilities, particularly train stations.

    o To manage the interface between residential development and adjoining or nearby sensitive/strategic land uses.

    o To ensure residential development does not exceed known physical infrastructure capacities.

    o To recognise and response to special housing needs within the community. Once again in much the same vein as Clause 12.06 in the State Planning Policy, which reinforced the need to encourage urban consolidation in appropriate locations and stresses the need to accommodate the projected population increase, Council’s Local Planning Policy at Clause 21.05 seeks to do likewise.

    ß The Cheltenham Business Centre is Kingston’s pre-eminent regional retailing activity

    centre with Clause 22.01 (Cheltenham Business Centre Policy) providing strategic guidance on preferred land use and development expectations within the Major Activity

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    Centre. Relevant to this application, the overarching objectives of The Cheltenham Business Centre Policy are as follows:

    o To provide clear direction for land use and development within each precinct

    forming part of the Cheltenham Business Centre. o To recognise the regional role of the Cheltenham Business Centre as a focus for

    regional office and retailing activities within Kingston’s commercial centre hierarchy.

    o To promote the restructuring of the built environment of the centre, through improved linkages and pedestrian networks, clustering of like functions, improved management of car parking and traffic management, integrated tree planting and landscaping, and high quality urban design in the built form.

    o To encourage the consolidation and renewal of the built form through the redevelopment of key sites within the centre for innovative medium density housing.

    o To encourage medium density residential development in areas around the centre with a mixture of accommodation types and building scales.

    o To encourage the aggregation of sites as a means of providing greater flexibility for the design of higher density housing.

    ß The Cheltenham Business Framework Plan identifies a number of precincts within the

    policy area with particular land uses directed to these precincts along with associated detailed design objectives to be considered for development proposals. The subject site is located within Precinct “J”, which is identified for medium density residential development. With regard to this precinct the policy states:

    o Medium density residential development be encouraged with a mixture of accommodation types and building scales. o Development optimises site utilisation, is innovative, responsive to its

    streetscape context and incorporates the following design features: ß A high level of articulation in building setbacks, facades and roof lines. ß Open landscaped front gardens. ß Low or transparent front fencing styles.

    o Where site consolidation is proposed, the following design responses may be

    supported:

    Where the amenity of adjoining properties will not be significantly reduced: ß Multi-level buildings (up to a maximum of two storey plus attic, giving three

    levels). ß Construction of single storey walls on side boundaries. ß Flexibility in the size and layout of private open space. • Reduction in street frontage setbacks.

    The proposal is consistent with the contemplated land use and development type identified within the policy and provides a design response which is appropriate and satisfactorily addresses the above stated design objectives. The building proposes a high

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    level of design detail and visual interest through the use of an array of external materials, incorporates appropriate levels of articulation with the upper floor recessed where required. Whilst the policy encourages two-storey buildings with attic style components as the preferred additional third level, it is pertinent to recognise that this is not a mandatory requirement, but rather a guide to f