Transcript
Page 1: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

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

Page 2: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

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

Page 3: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

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. _____________________________________________________________________

Page 4: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

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.

Page 5: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

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).

Page 6: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston

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 _____________________________________________________________________

Page 7: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

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.

Page 8: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

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

Page 9: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston

Ordinary Council Meeting Agenda 27 September 2010

9

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

Page 10: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston

Ordinary Council Meeting Agenda 27 September 2010

10

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

Page 11: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston

Ordinary Council Meeting Agenda 27 September 2010

11

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

Page 12: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

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

Page 13: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston

Ordinary Council Meeting Agenda 27 September 2010

13

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

BUIDLINGS & WORKS Permit Issued

Page 14: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

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

Page 15: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

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

Page 16: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

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

Page 17: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

17

• 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

Page 18: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

18

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

Page 19: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

19

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.

Page 20: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

20

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.

Page 21: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

21

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

Page 22: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

22

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

Page 23: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

23

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;

Page 24: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

24

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.

Page 25: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

25

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.

Page 26: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

26

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.

Page 27: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

27

• 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.

Page 28: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

28

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

Page 29: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

29

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:

Page 30: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

30

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.

Page 31: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

31

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.

Page 32: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

32

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

Page 33: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

33

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

Page 34: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

34

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

Page 35: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

35

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.

Page 36: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

36

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: § Clause 21.03: Land Use Challenges for The New Millennium § Clause 21.04: Vision § Clause 21.05: Residential Land Use § Clause 22.01: Cheltenham Business Centre Policy § Clause 22.11: Residential Development Policy After reviewing the relevant strategic directions that emerge from the abovementioned Clauses, the following can be summarised: § 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.

§ 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.

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

Page 37: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

37

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

areas designated for increased density housing opportunities and activity centres.

§ 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.

§ 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”.

§ 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.

§ 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

Page 38: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

38

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.

§ 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: § A high level of articulation in building setbacks, facades and roof lines. § Open landscaped front gardens. § 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: § Multi-level buildings (up to a maximum of two storey plus attic, giving three

levels). § Construction of single storey walls on side boundaries. § 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

Page 39: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

39

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 future residential development on consolidated allotments. Based on the above and taking into account the site’s locational attributes, surrounding conditions and recent planning activity/approval of abutting land, it is submitted that the proposal achieves a satisfactory response to the local built form context through providing a three-level building adjacent to the non-sensitive laneway interface and opposite an approved four-storey development at No. 234 Charman Road before grading down to a two-storey building on the eastern half of the site, responding appropriately in scale to the adjoining single storey dwelling.

§ Clause 22.11 Residential Development Policy extends upon the provision contained at Clause 21.05 (Residential Land Use), effectively promoting high-density development around activity centres and locations close to public transport.

In summary, the proposal is considered to be consistent with Council’s Local Planning Policy Framework. Importantly, the proposal delivers on specific objectives relating to the development of larger opportunity sites, which seek to encourage well-designed medium density housing in appropriate locations as well as providing diversity in housing choice to assist in meeting the anticipated future population forecasts.

13.3 Zoning Provisions

It is considered that the proposed development satisfies the purpose of the zone including. § To implement the SPPF and the LPPF, including the MSS.

§ To provide for residential development at a range of densities with a variety of dwellings to meet the housing needs of all households.

The Schedule to the Residential 1 Zone specifies a variation to Standard B32 relating to front fence height, stating that a front fence within 3 metres of a street should not exceed 1.2 metres. It is proposed to construct a 1.7 metre high timber fence along the frontage. It is considered that the 1.7 metre height is not representative of the existing front fence character which is predominantly of a lower height. It is acknowledged that front fencing is required to provide a level of privacy to habitable rooms for Dwellings 1 and 10 although it is Council’s view that a 1.5 metre high fence is more responsive to the existing character, more consistent with the design objectives outlined within local policy and provides an appropriate level of privacy for future residents. As mentioned earlier, it is recommended that a condition be included on any permit issued to address this concern.

13.4 Particular Provisions

Page 40: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

40

CLAUSE 55 (RESCODE ASSESSMENT) It is acknowledged that the provisions of Clause 55 (ResCode) of the Kingston Planning Scheme apply in this instance. Accordingly, the proposal has been assessed against the objectives and standards of this Clause and it is considered that the development largely satisfies the requirements of ResCode and, in general, is site responsive. It is important to note that a development must meet all of the objectives of this Clause, and should meet all of the standards of this Clause There are some minor variations sought to a few of the standards found within Clause 55, these namely relate to the following:

§ Clause 55.03-1: Street Setback § Clause 55.03-11: Parking Provision § Clause 55.04-1: Side and Rear Setbacks § Clause 55.04-2: Walls on Boundaries § Clause 55.05-6: Storage § Clause 55.06-2: Front Fences

The ‘Planning Consideration’ section of this report will further elaborate on the above items where concessions are being sought.

14 PLANNING CONSIDERATION & ASSESSMENT OF KEY ISSUES:

Prior to delving into the planning consideration and focal topics presented below, it should be recognised that the subject Land is suitable for development and both the State and Local Planning Policy Framework supports this notion with the site being earmarked as an ‘increased housing diversity’ area. It is Council’s position to determine whether the proposal would achieve an “acceptable” outcome having regard to the applicable policies, decision guidelines and the provisions of the Kingston Planning Scheme. The following is a detailed response to the imperative matters associated with this planning application. It has been decided to address each of these matters in turn, in no particular order, however grouping them under their corresponding theme.

14.1 PROPOSED USE AND DEVELOPMENT OF THE SITE FOR TEN (10) DWELLINGS

The subject land is located within a Residential 1 Zone. The proposed use of the site, as sought by this application, is of a residential nature for the development of the land for ten (10) dwellings. As presented in Section 7.0 of this report and pursuant to the zoning provisions, a planning permit is not required to use the site for residential development. As the site is located in a Residential 1 Zone, the proposal is a Section 1 Use i.e. ‘as of right’, where approval is not required and, therefore, assessment of this application relates solely to the development, the layout and built form proposed. Accordingly, the following

Page 41: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

41

sections of this report will now focus on the fundamental merits of this proposal, these being: neighbourhood character, residential amenity and general layout, urban design matters, traffic, access and car parking, environmental elements including drainage and landscaping matters. Each of these items shall be addressed in turn.

14.2 NEIGHBOURHOOD CHARACTER

The objective of this Clause 55.02-1 is ‘to ensure that the design respects the existing neighbourhood character and responds to the features of the site and surrounding area’. Standard B1 of ResCode suggests that the proposed design should respect the existing or preferred neighbourhood character and respond to the features of the site. It has already been established in earlier sections of this report that the proposal is an appropriate land use for the site and consists of a built form which is consistent with the density and type of development encouraged within local policy. The built form exhibits an appropriate graduation of building scale across the site being responsive to its surrounds and includes a high level of design detail and levels of articulation to achieve a quality design response. Whilst it is noted that the west elevation exhibits a three-storey form it is considered satisfactory in this instance due to its non-sensitive interface with the laneway, its relationship with the recently constructed three-storey apartment building opposite the site at No. 250 Charman Road and the development site’s anticipated relationship with the approved four (4) storey development at No. 234 Charman Road. Overall the proposal achieves a satisfactory balance of the strategic expectations for the area for higher density development whilst successfully integrating and providing a reasonable scale transition with the existing single storey dwellings located on adjoining land.

14.3 RESIDENTIAL AMENITY & GENERAL LAYOUT

With regard to the proposed site layout and internal floor layout of each dwelling, by and large, it is noted that the application achieves a high level of compliance with the ResCode provisions, with only minor variations sought for some dwellings. Only six (6) of the thirty-four (34) ResCode standards are sought to be varied, with the remaining twenty-eight (28) standards satisfied by the proposal. Looking at each of these areas of concession in turn, the following assessment is provided:

14.3.1 STREET SETBACK Although the proposed front setback does not comply with the front setback requirements of ResCode, which in this case requires a setback equal to that of the existing adjoining dwelling of No. 6 Blagdon Court of 7.5 metres, it is considered that the front setbacks proposed will achieve an appropriate transition of setback character along Blagdon Street and allows for sufficient landscaping opportunity within this setback to establish the planting of small trees and shrubs. The variations sought for the front setbacks, in this instance, are considered to be appropriate for the following reasons:

Page 42: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

42

§ varying setbacks are achieved along both allotment frontages, which provide articulation in the design and an appropriate transition between the site’s immediate abuttals;

§ the development will appropriately address Blagdon Street, whilst providing

considerable landscape opportunities within the site’s frontage to assist in softening the development; and

§ There is no prevailing setback rhythm within Blagdon Street and development on the

opposite side of the street is built right to the boundary (commercial premises with a zero (0) lot frontages).

14.3.2 SIDE & REAR SETBACKS & WALLS ON BOUNDARIES

With regard to Standard B17 of Clause 55.04-1 of the Scheme, the south facing, second storey, wall of Dwelling 6 requires a setback of 4.1 metres from the site’s south (rear) property boundary. As this wall is proposed to be set back 4 metres, being shy of 100mm of meeting the technical requirement, the variation sought in this instance is considered negligible. As the adjoining property (No. 1 Barrett Street) includes a large backyard with the dwelling set back approximately 15 metres from the shared boundary, the 100mm non-compliance should not cause any noticeable impact and warrants concession in this instance. The western side setback from the laneway for Dwellings 1 to 6 requires a 4.1 metre setback with the building achieving a 9 metre maximum height. The proposed setback from the laneway is 3.05 metres at the third level, therefore not complying with the standard. It is considered that a 3 metre setback is appropriate in this instance as this elevation faces on to a non-sensitive interface (i.e. the laneway) with the knowledge that a 4-storey building has been approved on what is currently a vacant parcel of land at No. 234 Charman Road. The west elevation will be set back a distance of 6.6 metres from the east (side) property boundary of No. 234 Charman Road, which will achieve a satisfactory separation of built form in terms of neighbourhood character and amenity values from the proposed balconies of Dwellings 1 to 6. With regard to walls on boundaries, the length of the eastern side boundary is 37.186 metres and therefore the combined maximum length of wall permitted to be built on boundary, when applying the ResCode formula under Standard B18, is 16.8 metres. The proposal includes a combined boundary wall length of 17 metres therefore exceeding the requirement by 200mm. Whilst there is scope to reduce the total length of wall on the boundary by 200mm, it is considered that this will not produce a noticeable benefit in this instance. As the boundary walls are broken up and, therefore, not continuous along the side boundary and taking into account that the proposed wall height is compliant with the standard it is considered that the boundary walls will not produce unreasonable detriment, in this instance. 14.3.3 AMENITY OF NEIGHBOURING PROPERTIES In terms of external amenity impacts, firstly it must be recognised that the only sensitive abuttals to the Subject Land is the residential land/development located to the east and south sides of the site. As such, any potential external amenity impacts associated with the proposal are confined to these portions of the Land alone.

Page 43: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

43

After careful review of the proposed development or any development of the like, the main potential external amenity impacts associated with this proposal can be summarised as follows: § Overlooking; § Overshadowing; § Visual Bulk; and § Noise.

Looking at each of the above items in turn, the following information and response is provided: 14.3.4 OVERLOOKING

In accordance with the provision of Clause 55.04-6 (Overlooking objective) a habitable room window, balcony, terrace, deck or patio should be located and designed to avoid direct views into secluded private open space of an existing dwelling within a horizontal distance of 9 metres. Where it is determined that a development will result in unreasonable overlooking, appropriate screening devices or measures should be incorporated into the design (e.g. obscure screening or highlight windows to a height of 1.7 metres above the respective finished floor level), in accordance with Standard B22 of Clause 55.04-6. It is noted that no balconies are proposed to directly face towards the site’s most sensitive interfaces, that being the residential abuttals to the east and south. The elevation plans indicate that those windows provided on the first floor level of the development that face east or southwards include windows that are screened via obscure glazing to a sill height of 1.7 metres above their respective finished floor level to prevent any unreasonable overlooking from occurring. This same screening principle applies to the south side of the balcony of Dwellings 6 and 7. With respect to the third level, which is set back in the order of 4 to 5 metres from the site’s south (rear) property boundary, it is noted that all windows that face towards the south are also screened with obscure windows fixed to a height of 1.7 metres above their respective finished floor level. Further to the above discussion, the Permit Applicant submitted in the preliminary conference meeting that they would be willing to revise the type of window treatments proposed along the southern elevation plan to introduce highlight windows, to a height of 1.7 metres, to provide additional comfort and reassurance to the owner(s)/occupier(s) of Nos. 1 and 3A. Barrett Street, Cheltenham. It is considered that this matter could be easily addressed via the inclusion of a condition on any permit issued. As confirmed above, appropriate screening and design measures have been incorporated into the development, to ensure that no unreasonable overlooking will occur.

Page 44: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

44

14.3.5 OVERSHADOWING Where sunlight to the secluded private open space of an existing dwelling is reduced, at least 75 per cent, or 40 square metres with minimum dimension of 3 metres, whichever is the lesser area, of the secluded private open space should receive a minimum of five hours of sunlight between 9 am and 3 pm on 22 September. If existing sunlight to the secluded private open space of an existing dwelling is less than the requirements of this standard, the amount of sunlight should not be further reduced. The level of sunlight to the secluded private open space of No. 3A Barrett Street currently receives less than the requirements of the standard due to the 3 metre wide space and the extent of shadow cast from the existing boundary fence. The proposal will cast a shadow at 2pm which will increase the amount of shadow into this space by approximately 300mm and therefore it is acknowledged that the amount of sunlight will be reduced. During the preliminary conference meeting the owner/occupier of No. 3A Barrett Street requested that a lattice screen extension be attached to the top of the common boundary fence, to provide additional privacy to their rear yard. The addition of this lattice screen to the top of the fence will in itself increase the extent of overshadowing created from the fence whereby the amount of additional overshadowing caused by the building (which is considered negligible) will be further reduced. Importantly, the secluded private open space of No. 3A Barrett Street will maintain direct sunlight penetration throughout the majority the day maintaining the usability of this space. Therefore, as the Permit Applicant confirmed in the preliminary conference meeting that they would accept a condition of any permit issued to require a lattice screen extension to be fixed to the top of the common boundary fence (at the developer / permit holder’s cost), to appease the objector’s concerns, such a condition should be included on any permit issued.

14.4 VISUAL BULK (INCLUDING: BUILDING HEIGHT / SIDE & REAR SETBACKS & URBAN

DESIGN) A question of concern and contention pertaining to this application relates to whether the development, but more specifically, the three (3) storey building is appropriate for the site, especially in the context of its surrounding environs. Importantly, Cheltenham is defined as Major Activity Centres within the Kingston Planning Scheme. As such, it is expected that this area is likely to experience further development / intensification given the policy thrust at both the State and Local Planning Policy Framework, including Melbourne 2030, which strives to see activity centres as the primary focal points for urban consolidation.

Council Officers and the nearby residents should recognise the development potential of this site. Further to this point, the zoning of the land, its locational attributes, size (consolidated lot), lack of restrictive built form overlays and enabling planning policy all substantiate the potential for a larger structure or a taller building to be accommodated on this site.

Page 45: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

45

It has been established that the site is earmarked for higher density development, given its zoning of Residential 1 and its Policy identification within an Increased Housing Diversity Area. As established earlier within this report, there are no mandatory height requirements that affect the subject site. Given the site’s locational attributes, the general area, as detailed in the photographs below, is characterised by an expansive variety of commercial buildings along with your more conventional housing stock to the east and south of the subject site.

The photographs define the eclectic development forms and uses found in the area. Given the diversity that surrounds the site as well as acknowledging the active planning permit issued by the direction of VCAT that allows a four-storey mixed use development at No. 234-240 Charman Road (corner of Blagdon Street), it is considered that the three (3) storey proposal will sit comfortably on the site and within its immediate surroundings along Blagdon Street. Although the proposal includes a three storey building component, essentially this building has been sensitively positioned towards the laneway edge, providing appropriate setbacks in the way of 4 to 5 metres from the site’s south (rear) property boundary. The main bulk of

No. 250 Charman Road – Corner of Blagdon Street & Charman Road

Facing north down Charman Road, from Blagdon Street

No. 250 Charman Road – Corner of Blagdon Street & Charman Road

At the corner of Blagdon Street & Charman Road (facing east looking down Blagdon Street)

No. 234-240 Charman Road – Corner of Blagdon Street & Charman Road

Two-storey residential development directly opposite Blagdon Street, on Charman Road

Page 46: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

46

the building has been concentrated, where possible, away from any sensitive interfaces in order to ensure a transition in height, from the lower scale development along Blagdon Street and to the rear of the site, is achieved to the more varied and anticipated higher density/larger scale development expected towards the corner of Blagdon Street and Charman Road and to that which exists opposite the subject site.

The building height objective of Clause 55.03-2 is ‘to ensure that the height of buildings respects the existing or preferred neighbourhood character’. Standard B7 of this Clause states that the maximum building height should not exceed the maximum building height should not exceed 9 metres, unless the slope of the natural ground level at any cross section wider than 8 metres of the site of the building is 2.5 degrees or more, in which case the maximum building height should not exceed 10 metres. The proposed plans show the building being a maximum of 9 metres, in accordance with the above requirement. Accordingly, it is submitted that the development has been sensitively designed to ensure that a good level or articulation and visual relief (via suitable setbacks) has been achieved from the site’s southern interface.

14.5 Traffic, Parking and Access Concerns Clause 52.06 Car Parking of the Kingston Planning Scheme outlines the parking requirements for a variety of uses. The overriding purpose of this Clause is to ensure that car parking facilities are provided in accordance with the State and Local Planning Policy Framework.

Notwithstanding the requirements of Clause 52.06, the car parking rate applicable to this application is provided under Clause 55, Standard B16, of the Kingston Planning Scheme. Accordingly, a prescribed rate of one (1) car parking space to each one (1) or two (2) bedroom dwellings is required. For dwellings that include three (3) or more bedrooms, a rate of two (2) car parking spaces is required.

Further to the above requirements, Standard B16 specifies that for developments of five (5) or more dwellings, a rate of one (1) visitor car parking space should be provided for every five (5) dwellings.

In response to the above provisions, the proposal generates a statutory car parking requirements for ten (10) resident car parking spaces and two (2) visitor car parking spaces. As part of the proposal, the development includes ten (10) car parking spaces in the form of one (1) single size garage assigned to each dwelling. One (1) visitor car parking space is proposed towards the rear of the site; however the location of this space does raise concern as it obstructs the reversing area for Dwellings 6 and 7. Accordingly, if the visitor car parking space is omitted from the site plan, the development will result in a shortfall of two (2) visitor car parking spaces.

Page 47: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

47

Notwithstanding the above information, it is important to note that access to the development was originally proposed via the existing crossover along Blagdon Street and via the existing laneway with six (6) of the ten (10) dwellings designed with a single size garage fronting the laneway edge. Whilst in principle, Council’s Planning Officer saw merit in this design layout, which took advantage of the laneway abuttal, made efficient use of the site and provided appropriate turning areas for all vehicles, it is understood that concern was expressed from objectors, Council’s Traffic Engineer and Councillors. In summary, Council’s Traffic Engineer submitted that having dwellings accessed off the laneway that potentially service commercial premises was not a preferred outcome for the following reasons: § It increases traffic generation in a road where there is no real provision for passing

and § Such right of ways are frequently blocked by trucks loading to commercial

premises. It was put to the Permit Applicant that if there was scope to redesign the proposal so that all dwellings could be accessed from within the site, then this would be preferable. The Permit Applicant responded to this concern by submitting amended plans to Council on Friday, 17 September 2010. The revised plans include the reorientation of the garages and entrances of Dwellings 1 to 6 so that they are now internal to the site. Therefore, the application before Council does not use or rely on the laneway. It is submitted that the amended plans now fully satisfy all party’s concerns and ensures that safe and efficient access is achieved, whilst allowing all vehicles to exit the site in a forwards direction. Council’s Traffic Engineer advised that they have no ‘in-principle’ objection to the proposed development, subject to the removal of access from the laneway and consequently all garages being accessed from within the site, off Blagdon Street. Furthermore, both Council’s Traffic Engineer and O’Brien Traffic (Council’s external service provider) have not raised concern with regard to the expected increase of vehicle movements to and from the site. Whilst it is understood through traffic studies that the intersection at Blagdon Street and Charman Road currently experiences a high volume of traffic during peak periods, it is considered that the additional traffic movements generated by the subject development can be satisfactorily accommodated within the surrounding road network. One of the main concerns expressed by objectors in the preliminary conference meeting related to existing traffic conditions experienced within the general area, particularly during peak periods. At the preliminary conference meeting the objectors raised concern with the current use of the laneway and suggested that Council should give thought to restricting this laneway to one-way traffic movement only, given its width of approximately 3.6 metres. Objectors also raised concern with regard to parking restrictions that currently apply along Blagdon Street and Barrett Street and the current line-marking of on-street parking within Blagdon Street.

Page 48: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

48

It is submitted that a large extent of the abovementioned concerns raised by the objectors relate to existing traffic circumstances and are essentially issues that fall outside of the realms and relevant planning consideration pertaining to this application. With this said, the general traffic concerns that were raised at the preliminary conference meeting have not been lost on Council, as these concerns were directly conveyed to Council’s Traffic Engineer shortly following the meeting, with the understanding that they would investigate and respond accordingly. In conclusion on the matters of traffic, access and car parking it is submitted that:

§ The development is expected to generate around 60 additional vehicle movements

per day which can be absorbed by the surrounding road network. § VicRoads crashstats database identifies that there has been one (1) causality crash at

the intersection of Blagdon Street and Charman Road intersection over a five (5) year period, which occurred in July 2005. Based on this statistic, there is hence no significant crash problem at this intersection.

§ The application no longer relies on access from the laneway. Therefore, all garages

are located internally within the site with access proposed exclusively from the existing crossover along Blagdon Street.

§ The provision and location of on-site car parking is deemed satisfactory.

§ As the proposal relies on only one (1) of the existing crossovers for access, the other

crossover will be reinstated resulting in an additional on-street car parking space being introduced onto Blagdon Street. Based on this and given the site’s close proximity to public transport nodes, the shortfall of two (2) visitor car parking spaces is deemed satisfactory, in this instance; and

§ Where appropriate, the comments and recommendations provided by Council’s

Traffic Engineer are adopted via the inclusion of appropriate conditions on any permit issued.

14.6 Drainage Matters

The application was referred to Council’s Development Engineer for comments/recommendations. Council’s Development Engineer have advised that they do not object to the proposal, subject to suitable conditions to be included within any permit issued.

14.7 Landscaping Matters

As highlighted earlier within this report, there is no significant vegetation located on the subject site. An arborist report prepared by Treescape Consulting and a concept landscape plan accompanied the application. Both of these documents were referred to Council’s Vegetation Management Officer for assessment and comment.

Page 49: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

49

Council’s Vegetation Management Officer advised that there is no vegetation of high retention value on the site and, therefore, subject to standard landscape conditions being included on any permit issued they do not object to the proposal.

14.8 Front Fencing

As presented earlier within this report, a 1.7 metre high front fence is proposed which does not comply with the requirements of the Schedule of the Residential 1 Zone, which states that a 1.2 metre high front fence be provided in this case. The proposed 1.7 high front fence should be reduced in height to 1.5 metres to achieve an appropriate level of privacy for Dwellings 1 and 10, which include habitable room windows fronting the street whilst better responding to the fencing character along Blagdon Street. It is considered that this matter should be addressed by way of a condition included on any permit issued.

14.9 On-Site Amenity & Services

In accordance with Standard B30 of ResCode, each dwelling should have convenient access to at least 6m3 of externally accessible, secure storage space, which in Council’s view should not be located within the secluded private open space dimensions. Each dwelling is provided with a storage area within its respective garage although no dwelling is provided with the 6 cubic metres as specified within Rescode. Dwellings 1 to 6 are provided with 4.3m2 and Dwellings 6 to 10 provided with 3.2m2. Due to the townhouse nature of the proposal and minimal area of ground floor private open space provided to each dwelling, it is considered reasonable that a reduction in storage area be allowed in this instance.

14.10 Waste

Council’s Waste Services Officer has advised that Municipal waste collection is feasible and preferable for the development. Given the site’s frontage of 31.49 metres, it is considered appropriate for future residents or the Owners Corporation to organise and position bins in an orderly manner along the site’s frontage for Council’s weekly general waste and fortnightly recyclable waste collection. Accordingly, it is recommended that a condition requiring the Permit Applicant to submit a Waste Management Plan should be included on any permit issued, to ensure that waste collection occurs to the satisfaction of the Responsible Authority.

15 RESPONSE AGAINST GROUNDS OF OBJECTIONS 15.1 Overdevelopment

As has already been stated throughout this report, the proposal for medium density residential development is contemplated for the area with the proposed built form consisting of a three-storey building and a two-storey building being appropriate in terms of scale, bulk and mass. The proposal achieves satisfactory setbacks throughout and a suitable transition of scale from an approved four level building to the west to a single storey dwelling to the

Page 50: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

50

east. The proposal also complies with Rescode standards and objectives relating to building coverage and permeability which support the level of development proposed.

15.2 Overlooking All outward facing upper floor windows have been appropriately designed to restrict overlooking to adjoining land, specifically to the east and southern adjoining properties. Where necessary, windows are nominated as fixed obscure glazing to 1.7 metres above finished floor level. Based on previous discussions had within this report at Section 14.3.4, the permit applicant submitted in the preliminary conference meeting that they would be willing to revise the type of window treatment proposed along the southern elevation plan to introduce highlight windows, to a height of 1.7 metres, rather than obscure glazing to provide additional comfort and assurance to the objector at No. 3A. Barrett Street, Cheltenham. Accordingly, this matter should be addressed by way of a condition included on any permit issued.

15.3 Traffic

It is submitted that extensive discussion and justification has been provided in section 14.5, under the Planning Consideration Section of this report, which demonstrates support for the proposed development. It is strongly recommended that this section of the report be revisited should you wish to recapitulate on any traffic related matters, which includes a detailed response to the concerns presented by objectors and Council’s Traffic Department and service provider.

15.4 Removal of Vegetation

An arboricultural assessment prepared by Treescape Consulting dated August 2010 was submitted as part of the application which found that all existing vegetation is rated to have low retention value. This assessment is consistent with the assessment undertaken by Council’s Vegetation Management Officer, which also found no vegetation worthy of retention. Notwithstanding the findings of the assessment, a number of trees are to be retained along the rear boundary which will provide an immediate benefit to those properties to the south through providing some visual break of the built form and maintaining the amenity values currently provided by this vegetation.

16 CONCLUSION: 16.1 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.

16.2 The proposed development is considered appropriate for the site as evidenced by:

Page 51: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

51

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

• Suitability of the site for high density residential development having regard to the policy context and applicable planning provisions;

• In general, acceptability of the built form of the proposed development, specifically in regard to height;

• Consideration of any external amenity impacts; • Adequacy of internal amenity; • Consideration of the provision of car parking (to dwellings and visitors) and traffic

related matters; • The proposal generally satisfies the requirements of the Kingston Planning Scheme,

including the State and Local Planning Policy Framework, Residential 1 Zone, the relevant Particular Provisions and Clause 65 - Decision Guidelines (subject to appropriate conditions).

16.3 On balance and subject to the inclusion of suitable conditions, the proposal is considered

reasonable and warrants support. 17 RECOMMENDATION: That a Notice of Decision to Grant a Permit for the development of this site for ten (10) dwellings be issued, subject 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 17 September 2010, but modified to show:

a. the provision of an improved landscape plan and associated planting schedule for the site showing the proposed location, species type, mature height and width, pot sizes and number of species be planted on the site, 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. the provision of two (2) suitable small sized (at maturity) canopy trees within the front setback with species chosen to be approved by the Responsible Authority;

Page 52: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

52

vi. sustainable lawn areas and plant species taking current water restrictions into consideration;

vii. all trees provided at a minimum of two (2) metres high at time of planting;

viii. medium to large shrubs and trees provided in pot sizes of 200mm or greater;

ix. the provision of a notation 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. all plans to accurately scale off at 1:100;

c. the provision of a lattice screen extension to be securely affixed to the top of the south (rear) property boundary fence to achieve an overall fence height of 2 metres;

d. all south facing windows on the first and second floor level converted to highlight windows and raised to at least 1.7 metres above their respective finished floor level;

e. the provision of a wing wall to extend from the north-eastern corner of the powder-room of Dwelling 1 in an easterly direction to align with the eastern wall of the kitchen directly above and nominated in the same material(s) and colour(s) to that of the ground floor north elevation of the building;

f. the provision of clearly defined and framed porch areas for each dwelling;

g. the visitor car parking space deleted;

h. all elevation plans to correspond accurately with the floor plans or vice versa;

i. the balcony areas to Dwellings 1 to 6 increased to a minimum width of 1.6 metres, to improve the amenity and usability of these areas;

j. the door of each garage nominated as a panel lift door, or similar and external materials noted;

k. 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;

l. the 1.7 metre high front fence reduced to 1.5 metres in height; m. an elevation plan of the front fencing in accordance with Condition 1.l) of this Permit,

which provides details of its height, materials and colours; n. the provision of clerestory windows to be introduced to the upper floor components

(living rooms) of Dwellings 7 to 10 and Dwellings 1 to 6, where possible, to improve north sun exposure to habitable rooms;

o. the provision of a sliding door provided between the entry corridor and the sitting room of Dwellings 1 to 6;

p. the type of windows nominated on the floor plans with sliding, double hung or louvre windows selected, where possible, to improve ventilation within each dwelling;

q. the mailbox along the site’s west (side) property boundary for Dwellings 1 to 6 relocated to a convenient position, near the central communal driveway;

r. the communal driveway accurately aligned with the width of the existing crossover at the front of the site;

Page 53: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

53

s. the surface material of all driveways / accessways and car parking spaces nominated in all-weather coloured concrete sealcoat, or similar;

t. the location of all externally-located heating and cooling units, exhaust fans and the like, clearly shown; and

u. a notation that there is to be no external heating or cooling equipment positioned along the southern elevation on the first and second floors.

2. The development 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, any the new fence/s required under this permit must be erected to Council’s 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.

6. Prior to commencement of the development hereby permitted, a Site Management Plan, to the satisfaction of the Responsible Authority, must be submitted to and approved by the Responsible Authority and when approved shall thereafter be complied with. The Site Management Plan must clearly set out measures to prevent amenity loss to surrounding properties during the construction period. The Plan is to include, but limited to, measures to control the emission of dust/sand, rubbish on site, loading/unloading times, construction times, and parking of builder’s vehicles etc. This plan when endorsed must not be varied without the prior approval of the Responsible Authority. It must also be implemented to the satisfaction of the Responsible Authority.

7. Before the commencement of any buildings and works on the Land, a Construction Management Plan (CMP), to the satisfaction of the Responsible Authority, must be submitted to and approved by the Responsible Authority and when approved shall thereafter be complied with. The CMP must specify and deal with the parking of vehicles during construction, delivery of materials, containment of waste on site and suppression of dust, business operations on the site during construction.

8. Before the commencement of any buildings and works on the Land, a Waste Management Plan (WMP) to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the WMP will be endorsed and will then form part of the permit. Three copies of the plan must be submitted. The plan must include but is not limited to:

a. The manner in which waste will be stored and collected including: type, size and number of containers.

b. Spatial provision for on-site storage.

c. Details whether waste collection is to be performed by Council’s services or privately contracted.

Page 54: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

54

d. The size of the collection vehicle and the frequency, time and point of collection.

The waste management plan must be implemented to the satisfaction of the Responsible Authority. The waste management plan must not be modified unless without the written consent of the Responsible Authority.

9. Prior to the endorsement of the Plans required pursuant to Condition 1 of this Permit, the provision of an ESD report to be prepared by a suitably qualified environmental professional and must be submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed as evidence of its approval and will then form part of the Permit and shall thereafter be complied with. The ESD report must include, but is not limited to, detailing initiatives for stormwater harvesting, insulation, daylighting, collective rainwater tanks and/or individual rainwater tanks, public and private landscape irrigation and car washing, energy efficient concepts, glazing and internal ventilation and the like.

10. 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 bio retention system, rainwater tanks connected for reuse and a detention system.

11. 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.).

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

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 Authority’s 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:

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.

Page 55: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

55

c. Surfaced in accordance with the endorsed plans under this permit or 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. Once the development has started it must be continued and completed to the satisfaction of the Responsible Authority.

19. 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: Before removing / pruning any vegetation from the site, the applicant or any contractor engaged to remove any vegetation, should consult Council’s Vegetation Management Officer to verify if a Local Laws Permits is required for the removal of such vegetation.

OR In the event that the Council wish to oppose the Officer’s recommendation to support the application, it can do so on the following grounds:

1. The proposal would have an adverse effect on the amenity of area. 2. The proposal constitutes an over-development 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 satisfy all of the requirements of Clause 55 of the Kingston Planning

Scheme (ResCode), namely: Clause 55.02-1 Neighbourhood Character, Clause 55.03-1 Street Setback, Clause 55.03-5 Energy Efficiency Objectives, Clause 55.03-11 Parking Provision, Clause 55.04-1 Side and Rear Setbacks, Clause 55.04-2 Walls on Boundaries, Clause 55.05-6 Storage and Clause 55.06-2 Front Fences.

Page 56: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

56

M 178 KP160/10 – 29 Glenola Road, Chelsea APPLICANT D Tasci ADDRESS OF LAND 29 Glenola Road, CHELSEA VIC 3196 (Lot 59 on

Plan of Subdivison 005447) PROPOSAL Construction of three (3) Dwellings PLANNING OFFICER Alison Slattery for Girija Shrestha REFERENCE NO. KP-160/2010 RELEVANT STATE PLANNING POLICY FRAMEWORK

Clause 12: Metropolitan Development Clause 14: Settlement Clause 16: Housing 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 22.11: Residential Development Policy

ZONE R1Z OVERLAYS N/A PARTICULAR PROVISIONS Clause 55: Two or More Dwellings on a Lot &

Residential Buildings GENERAL PROVISIONS Clause 65: Decision Guidelines RESIDENTIAL POLICY AREA

Increased Housing Diversity

DECISION DATE BY 16/7/10 STATUTORY DAYS 126 days at 27/9/10 CONSIDERED PLAN REFERENCES/DATE RECEIVED

5 plans identified as 29 Glenola Road Chelsea, dated January 2010 and drawn by Bruce Paterson

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

• Neighbourhood character • Amenity impact (internal and external) • Any areas of non-compliance with ResCode

2.0 PROPOSAL 2.1 It is proposed to demolish the existing dwelling and outbuildings on the land and construct

three (3) double storey dwellings on this site.

2.2 Development summary:

Page 57: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

57

Dwelling Floor Area (excluding garage / verandah)

Private Open Space No. of Bedrooms proposed

No. of Car Parking Spaces provided

1 178m² 48m² 3 2 2 158m² 53m² 3 2 3 159m² 41m² 3 2 2.3 The proposal has an overall site coverage of 45 percent and a permeability percentage of 36

percent. 2.4 Development Assessment Table:

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.

Dwelling 1-3: complies

Car Parking One (1) car parking space for one (1) or two (2) bedroom dwelling OR Two (2) car parking spaces for each three (3) or more bedroom dwelling, with one (1) space under cover

Dwellings 1-3: comply each three bedroom dwelling provides two car spaces

Visitor Car Parking

One (1) visitor space for every 5 dwellings Not applicable-three dwellings proposed

Front Setback Where there is an existing building on one abutting lot facing the same street, and no existing building on the other abutting lot facing the same street and the site is not on a corner, the same distance as the front wall of the existing adjacent building or 9m, whichever is lesser.

Dwelling 1 is setback 4.5 to 5.1 metres to the dwelling frontage and 5.0 metres to the garage frontage. The adjoining dwelling at 27 Glenola Road is setback 4.6 metres. The setback is therefore not compliant with this standard. (refer to the ResCode discussion section within this report)

Site Coverage Maximum 60% - as per ResCode Site coverage is 45% and therefore complies

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

Roof: Tiles, Charcoal Walls: Face brickwork Red/Blue Horizontal Boards: Paperbark or similar Garage doors: Dune Windows: Dune Driveways: Coloured concrete in seal coat, colour not specified Gutters and fascias Woodland Grey

Page 58: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

58

3.0 SITE & SURROUNDS 3.1 The subject site is located on the north side of Glenola Road, Chelsea. It is rectangular in

shape with a frontage width of 20.1 metres to Glenola Road and a depth of 48.7 metres, resulting in an overall area of approximately 981m².

3.2 The site currently contains a single storey dwelling setback approximately 12 metres from

Glenola Road. Outbuildings, including a carport, are located to the south west elevation. 3.3 The site is relatively flat with only a very slight fall towards the rear. Existing vehicle

access is via the south-west crossover to Glenola Road. The subject site does not contain any significant vegetation.

3.4 The subject site is not encumbered by any easement. 3.5 The site is located approximately 100 metres from the intersection with Fowler Street to the

west. 3.6 This section of street has a varied character, consisting detached, single storey, brick and

weatherboard dwellings as well as detached flats and newer dual and triple occupancy developments. There is no predominant fencing style in the neighbourhood.

3.7 The Chelsea Primary School is located to directly the north-west and north east of the site.

The abuttal includes playground and grassed areas. The site to the south-west of the subject site includes a three unit development at 27 Glenola Road. These units are all single storey and have their primary open spaces located at the interface with the subject site.

3.8 On the opposite of Glenola Road multi unit developments are the predominant built form

with double storey elements generally located to the front of sites. 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 Residential 1 Zone. 6.0 PLANNING PERMIT REQUIREMENTS 6.1 Pursuant to Clause 32.01, a planning permit is required to construct two (2) or more

dwellings on a lot. 7.0 RELEVANT HISTORY 7.1 Council records indicate that there is no relevant planning history relating to this site.

8.0 ADVERTISING

Page 59: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

59

8.1 Prior to advertising, the Permit Applicant submitted revised plans on 14th May 2010, that

essentially addressed the initial concerns outlined within the Planning Officer’s further information letter. It is these revised plans that formed part of the advertising documentation and are now those that are under consideration by Council.

As discussed, 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. Nil objections to the proposal were received.

9.0 REFERRALS 9.1 The following internal and/or external referral departments were notified:

• Council’s Development Engineer • Council’s Vegetation Management Officer

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

conditions being included on any permit issued. 10.0 RELEVANT POLICIES 10.1 State Planning Policy Framework (SPPF)

Clause 12 (Metropolitan Development) Clause 14 (Settlement) Clause 16 (Housing) Clause 19 (Particular Uses and Development)

10.2 Local Planning Policy Framework (LPPF) Clause 21.05 (Residential Land Use) Clause 22.11 (Residential Development Policy)

10.3 Particular Provisions

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

10.4 General Provisions Clause 65 (Decision Guidelines)

10.5 Other 10.6 Neighbourhood Character Area Guidelines (Incorporated Document under Clause 21.05 –

Residential Land Use of the LPPF)

The land is located within Area 64 of the Neighbourhood Character Guidelines, which identifies four (4) character elements which are considered to make a ‘major’ contribution to

Page 60: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

60

the character of the area, these being building footprint, materials, front boundary and garden, and other building features. Detached development is said to make a major contribution to the character of the area. While the buildings are two-storey, it is considered that the proposal strikes a balance between the competing objectives of Council policy which seek to both encourage developments to respond to the character elements contained in the Neighbourhood Character Guidelines, while also allowing for design innovation to contribute to the evolving character of the Increased Housing Diversity area. The breaks provided at the upper level between dwellings 1 and 2, and between dwellings 2 and 3 ensure that the buildings would appear as three large dwellings on the land, which is consistent with the character of the broader area. It is considered that the proposal has had due regard to the major character elements identified in the applicable character profile.

11.7 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. 11.0 PLANNING CONSIDERATIONS: 11.1 State and Local Planning Policy Framework

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 in appropriate locations.

11.2 Clause 21.05 - Residential Land use

The subject land is identified within an Increased Housing Diversity area. The intention in these areas is for new medium density housing to comprise of a variety of housing types and layouts that respond to the established, yet evolving, urban character. As these residential areas are already established, the design of any new medium density housing proposal should display sensitivity to the existing residential context and respond to the amenity standards in these areas. The objectives of the Municipal Strategic Statement (as relevant to this application) include: Objective 1: 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.

Page 61: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

61

Objective 2: To ensure new residential development respects neighbourhood character and is site responsive, and that medium density dwellings are of the highest design quality.

Objective 3: To preserve and enhance well landscaped/vegetated environments and protect identified significant vegetation.

Objective 4: To promote more environmentally sustainable forms of residential development.

Objective 5: To manage the interface between residential development and adjoining or nearby sensitive/strategic land uses.

Objective 6: To ensure residential development does not exceed known physical infrastructure capacities.

Relevant strategies to achieve these objectives (as relevant to this application) include: • Promote increased housing diversity in residential areas that are within convenient

walking distance of public transport and activity notes (increased housing diversity areas). Such areas will accommodate a variety of medium density housing types and layouts at increased residential densities, responding to the established but evolving neighbourhood character.

• 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.

• Encourage the retention of existing vegetation wherever possible. • Improve landscape character by accommodating appropriate landscaping within new

residential developments. • Ensure that the planning, design, siting and construction of new residential

development responds to best practice environmental design guidelines for energy efficiency, wast and recycling, and stormwater management.

• Promote medium density housing development in close proximity to public transport facilities, particularly train stations.

• Ensure the siting and design of new residential development sensitively responds to interfaces with environmentally sensitive areas, including the foreshore.

• 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.

• Ensure that the siting and design of new residential development is consistent with Urban Stormwater Best Practice Environmental Management Guidelines and that new development contributes to the maintenance and upgrade of local drainage infrastructure as required, where such new development will impact on the capacity of such infrastructure.

• 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.

Page 62: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

62

• Ensure that all new medium density housing provides adequate private open space that is appropriately landscaped.

It is considered that the proposed development is consistent with the relevant objectives of Council’s Municipal Strategic Statement as outlined above. The proposal creates a good standard of amenity for the future occupants of each dwelling, and does not result in any unreasonable amenity impacts to occupants of existing dwellings in the immediate area. It is considered that the development will respect the existing streetscape character, and the broader local neighbourhood character. Further discussion regarding these items will be outlined later within this report.

11.3 Clause 22.11 – Residential Development Policy

As outlined previously, the proposal is considered to generally comply and satisfy the applicable Local Planning Policy Framework, which essentially aim to encourage well-designed medium density housing in appropriate locations. Where a planning permit is required for residential development, where relevant, it is policy under Clause 22.11 to: § Encourage all new residential development to respond positively and creatively to

neighbourhood character. Unless a preferred character is specified, the existing character is that which is to be considered.

§ In areas where building placement makes a major contribution to neighbourhood character, design new development to reinforce the established rhythm of buildings in the street and retain the existing single dwelling character of the streetscape.

§ Design duplex and side-by-side development to have a visual interconnection with the street rather than presenting merely as garages and front doors only. Staggered front building lines and variation in designs and materials should be used to avoid poor urban design impacts upon streetscapes.

Built form, siting and scale of development, it is policy, where relevant, to:

§ Encourage the two storey component of new medium density housing to be located towards the front of a site.

§ Ensure that two storey dwellings are designed to respond to the character of the local neighbourhood. Where the local neighbourhood is characterised by single storey development and this characteristic makes a major or critical contribution to neighbourhood character, new two storey development should incorporate rooms within the roof form of attic style dwellings, and should set the second storey building envelope back from the ground level envelope.

While the proposed development is for three two-storey dwellings in an area characterised by single storey development, it is not considered necessary to require the dwellings to be attic-style in this instance. The site is located adjacent to Chelsea Primary school and has a non residential interface to both the north-east and the north-west elevations. This results in less impact on surrounding residential properties. The dwellings, while distinct from surrounding developments, have been sensitively designed with substantial separation at the upper level and provision for landscaping to soften the built form. At the street elevations,

Page 63: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

63

the second storey building envelope has been set back from the ground floor envelope to reduce its ‘box-like’ effect. It is therefore submitted that the proposal would sit comfortably within the established neighbourhood. § Ensure that any upper storey components towards the rear of sites are sensitively

designed to avoid unreasonable adverse amenity impacts on neighbours. § Encourage well articulated and graduated elevations in order to avoid 'box-like' double

storey designs, thus reducing visual bulk. § Ensure that the siting of new buildings respects the amenity of adjoining neighbours

with regard to rear yards and garden outlooks from habitable living room windows. § Ensure that the design and layout of new dwellings incorporate features which minimise

overlooking of adjacent properties. § Address potential overlooking through site layout planning as well as individual

dwelling planning.

Car parking and vehicle access, it is policy, where relevant, to:

§ Ensure that adequate on-site car parking is provided to meet the needs of future residents and visitors and sited to reduce its impact on the streetscape.

Performance measures § Locating garages or carports at the rear of dwellings fronting a street wherever possible. § Ensuring that where garages are located in the street elevation, they are set back a

greater distance than the front wall of the building. § Ensuring that garages and carports are sited so that a tandem car parking space can be

provided in front of the garage or carport. § Incorporating garages and carports within the main roof line of the dwelling.

Stormwater run-off mitigation and quality management, it is policy, where relevant, to:

§ Ensure that new residential development limits the impact of increased stormwater run-off on drainage systems.

Performance measures On-site infiltration should be maximised by: § Wherever possible, using unpaved landscape areas or porous paving. § Where appropriate, constructing on-site stormwater detention with delayed release into

the stormwater drainage system. § Designing to limit the impervious area. § Incorporating on-site water re-cycling systems for stormwater run-off.

Clause 22.11 Residential Development Policy essentially extends upon the provision contained at Clause 21.05 (Residential Land Use) along with the State Planning Policy Framework provisions found at Clause 14.02-2 – Settlement and Clause 16.02 – Medium Density Housing, effectively promoting high-density development around activity centres and locations close to public transport.

Page 64: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

64

In summary, the proposal is considered to be consistent with Council’s Local Planning Policy Framework and, importantly, it provides for an intensification of a lot within walking distance of Chelsea train station and shopping precinct.

11.4 Zoning Provisions

It is considered that the proposed development satisfies the purpose of the zone.

The Schedule to the Residential 1 Zone specifies a variation to a standard of Clause 55 (ResCode), namely:

Standard B32 – Front Fences: The local variation requires a front fence within 3 metres of a street must not exceed 2 metres in height for streets in a Road Zone – Category 1 or 1.2 metres in height for any other street. Not applicable as no front fence is proposed.

12.0 CLAUSE 55 (RESCODE ASSESSMENT) 12.1 The proposal has been assessed against the objectives and standards of Clause 55

(ResCode) of the Kingston Planning Scheme. It is considered that the development largely satisfies the requirements of ResCode and is a well-designed development. There appear to be the following areas of minor non-compliance, which are discussed below:

Standard B6 – Street Setback

The adjoining property at 31 Glenola Road is included on the Chelsea Primary School site and contains no dwellings facing Glenola Road. The dwelling to the south-west at 27 Glenola Road includes a setback of 4.6 metres, which should be replicated under this standard. The proposal includes a setback of 4.5 and 5.1 metres to the dwelling and 5.0 metres to the garage and does not comply with the standard. It is submitted that a minor variation to the standard is warranted in this instance as the building has been thoughtfully designed insofar as it includes a greater front setback of 5.1 metres where it interfaces with the adjoining dwelling to 27 Glenola Road. It is recommended that the requirements of the standard be varied in this instance, noting that the objective of this clause seeks to ensure that the setbacks of buildings from a street respect the existing or preferred neighbourhood character and make efficient use of the site. Standard B14 – Access Provisions The accessway is designed to allow convenient, safe and efficient vehicle movements and connections within the development and to the street network.

Page 65: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

65

It is proposed to retain the existing crossover located to the south-west of the frontage. A further crossover is proposed to be located on at north-east extreme of the frontage. This crossover is proposed at a width of 3.9 metres. It is considered that a crossover width of 3.0 metres is sufficient to cater to the double garage, and a condition of permit will be included that requires the submission of amended plans to show the crossover reduced in width to a maximum of 3.0 metres. Subject to the above condition, each crossover will be 3.0 metres wide, for a total of 6.0 metres. The crossovers provide access to the double garage of dwelling one and the driveway serving dwellings two and three. No change of direction is proposed or required. The provision of a passing area at the entrance that is at least 5m wide and 7m long is not necessary as the site does not connect to a road in a road zone. Crossover total of 6.0 metres represents 29.82% of the frontage of 20.12 metres. B15 – Parking Location The car parking facilities are secure, reasonably close and convenient to the dwellings and are generally located at least 1.5 metres from any habitable room windows of other dwellings. The south-east facing living room window of dwelling 3 is within 1.3 metres of the shared accessway. It is considered reasonable not to require this window to be screened to a height of 1.4 metres for the following reasons: v There are internal amenity imperatives that predicate against the screening of this

window. This window provides a primary source of light to the living room. v The variation at 200mm is minimal. v The traffic flow directly adjacent to the window will mostly be from residents of the

subject dwelling v Landscaping can be included to soften the impact of light glare to this window and

reduce any privacy impacts B22 – Overlooking The majority of windows are screened appropriately or are located appropriately so as to avoid unreasonable views to adjoining properties. The location of the school to the north-east and north-west elevation assists in this endeavour. To the south west elevation windows are generally screened and fixed to a height of 1.7 metres in accordance with the standard. One bedroom window to Dwelling three is unscreened, as is the window to the stair. It is considered acceptable to have these windows unscreened as they are located 9.0 metres from the boundary of the adjoining property and will not offer unreasonable opportunity for views.

Page 66: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

66

Standard B23 – Internal Views Standard B23-Internal views are minimised and are generally not available to the secluded private open spaces. Over 50% of the open space at ground level is not subject to views. However, two windows are of concern. The first floor bathroom window of Dwelling 2 and the first floor bedroom window of Dwelling 1. These windows offer views into the private open spaces of Dwellings 1 and 2 respectively. These views are not reasonable and may serve to limit the privacy of future residents. It is considered appropriate that a condition of permit be included that requires the submission of amended plans showing the first floor bathroom window of Dwelling 2 and the first floor bedroom window of Dwelling 1 screened so as to avoid views I accordance with Standard B23 of ResCode.

Standard B30 – Storage Storage has been shown on the plans and 6m3 provided for each unit in accordance with standard B30. However, as the storage for dwellings 2 and 3 are supplied in the garages, sectional diagrams need to be provided to show that adequate parking can still be accommodated within the garage. A condition of permit will be included that requires the submission of a sectional diagram showing the parking spaces within the garages of dwellings 2 and 3 not impeded by the provision of storage.

13.0 CONCLUSION: 13.1 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.

13.2 The proposed 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 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 (inclusive of the Neighbourhood Character Area Guidelines and the Designing Contextual Housing Guidelines), Residential 1 zoning and the Schedule to the zone, Clause 55 – Two or more dwellings on a lot and Residential Buildings, and Clause 65 – Decision Guidelines (subject to appropriate conditions).

14.0 On balance and subject to the inclusion of suitable conditions, the proposal is considered

reasonable and warrants support.

Page 67: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

67

15.0 RECOMMENDATION: That a Planning Permit for the development of this site for the construction of three (3) dwellings be issued, subject 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 14th May, 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. the provision of two (2) suitable medium sized (at maturity) canopy trees within the

front setback of the property and one (1) small (at maturity) tree within the private open space area of each dwelling, with species chosen to be approved by the Responsible Authority.

vii. sustainable lawn areas and plant species taking current water restrictions into consideration;

viii. all trees provided at a minimum of two (2) metres in height at time of planting; ix. medium to large shrubs to be provided at a minimum pot size of 200mm; x. 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 provision of rainwater tanks clearly nominated for the dwellings with water re-use for toilet flushing;

c) the provision of details of any window screening device (including a cross-section) to demonstrate compliance with Standard B22 of Clause 55 of the Kingston Planning Scheme;

d) the location of all externally-located heating and cooling units, exhaust fans and the like, clearly shown;

e) 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;

Page 68: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

68

f) the width of the new vehicle crossing reduced to 3m;

g) a sectional diagram showing the parking spaces within the garages of dwellings 2 and 3 not impeded by the provision of storage

h) the garage of Dwelling 1 setback 5.5m from the front boundary; and

i) the first floor bathroom window of Dwelling 2 and the first floor bedroom window of Dwelling 1 screened so as to avoid views I accordance with Standard B23 of ResCode.

2. The development 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 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.

4. 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.

5. 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.

6. 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.).

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

properties. 8. The levels at site boundaries must not be altered.

9. 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.

10. 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.

Page 69: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

69

11. 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.

12. 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: 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 accordance with the endorsed plans under this permit or 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.

13. 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.

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

15. 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.

Page 70: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

70

OR In the event that Council choose not to support the application, it may do so on the following grounds; 1. The proposal would have an adverse effect on the amenity of an established residential

neighbourhood; 2. The proposal constitutes an overdevelopment of the site; 3. The proposal is inconsistent with Clause 22.11 of the Kingston Planning Scheme which seeks to

encourage the double-storey element of any new development to be located to the front of the site;

4. The proposal would cause excessive overshadowing of the north-western adjoining property,

contrary to the decision guidelines of Clause 55.04-5 of the Kingston Planning Scheme. 5. The proposal does not satisfy all the requirements of Clause 55 of the Kingston Planning

Scheme (ResCode), in particular, Clause 55.03-1 Street Setback Objective, Clause 55.03-9 Access Objective, Clause 55.03-10 Parking Location Objectives, Clause 55.04-6 Overlooking Objective, Clause 55.04-7 Internal Views and Clause 55.05-6 Storage Objective.

Page 71: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

71

M 179 KP198/10 – 26 Railway Parade, Highett APPLICANT Taylors Development Strategists ADDRESS OF LAND No. 26 (Lot 9 on PS 821) Railway Parade, Highett PROPOSAL Six (6) Dwellings PLANNING OFFICER Tess Johnson Author: Elizabeth Wickham REFERENCE NO. KP198/10 RELEVANT STATE PLANNING POLICY FRAMEWORK

Clause 12: Metropolitan Development Clause 14: Settlement Clause 16: Housing Clause 19: Particular Uses & Development

RELEVANT LOCAL PLANNING POLICY FRAMEWORK

Clause 21.05: MSS – Residential Land Use Clause 22.11: Residential Development Policy Clause 22.17: Highett Activity Centre Policy

ZONE Clause 32.01: Residential 1 Zone OVERLAYS Clause 43.02: Design Development Overlay Schedule

12 – Highett Activity Centre PARTICULAR PROVISIONS 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

TP01-TP07 Rev.B (inclusive), date stamped by Council 22.06.10, and Concept revised plans received 07.09.10

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

• Amenity impact (internal and external) • Any areas of non-compliance with ResCode

2.0 PROPOSAL 2.1 It is proposed to demolish the existing dwelling and outbuildings on the land and construct

six (6) dwellings within a two-storey building on this site. 2.2 The building is set back a minimum of 2.9 metres from Railway Parade at ground level, and

5.0 metres at first floor level. First floor terraces would be set back a minimum of 2.0 metres from Railway Parade.

2.3 Dwellings 1 and 2 are located at the front of the site, and are constructed over ground and

first floor levels. Dwellings 3 and 4 are located at the rear of the site occupying the ground floor, and Dwelling 6 would be constructed above at first floor level. Dwelling 5 is located at first floor level between the upper floor of Dwellings 1 and 2 and Dwelling 6.

Page 72: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

72

2.4 Each dwelling would be provided with one (1) on-site car parking space at grade. Dwelling 1 is provided with a single car garage at the site’s frontage; Dwelling 3 is provided with an open car space adjacent to the dwelling; and the balance of the dwellings are provided with undercroft car parking along the site’s south (side) property boundary.

2.5 Dwellings 1, 2, 5 and 6 would each contain two (2) bedrooms, while Dwellings 3 and 4

would each contain one (1) bedroom. 2.6 The proposed development has a maximum height of 6.745 metres. 2.7 Habitable room windows and terraces that have an outlook towards adjoining residential

secluded private open space areas or habitable room windows have been screened accordingly.

2.8 The building would be contemporary in appearance, with flat roof and varying external

materials, finishes and colours, including render, powdercoated window frames and doors, timber 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 proposal would result in an overall site coverage of 70 percent and a permeability

percentage greater than 20 percent. 2.10 Development Assessment Table: 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 width of 1.6 metres and convenient access from a living room; OR A roof-top area of 10 square metres with a minimum width of 2 metres and convenient access from a living room.

Dwellings 1, 2, and 6 are provided with first floor balconies which comply with the requirements of the Standard. The ground level private open space provided to Dwellings 3 and 4, and the first floor balcony provided to Dwelling 5, fail to meet the requirements of the Standard. Refer to ResCode Assessment for discussion.

Car Parking

One (1) car parking space for one (1) or two (2) bedroom dwelling One (1) visitor car space per five (5) dwellings.

Each dwelling is provided with one (1) car space in accordance with the Standard. No visitor car parking has been provided on site.

Page 73: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

73

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.

The development should be set back 6.1 metres, in accordance with the Standard. The development is proposed to be set back a minimum of 2.0 metres. Refer to ResCode Assessment for discussion.

Site Coverage

Maximum 60% - as per ResCode Site coverage is 70% and therefore exceeds this Standard. Refer to ResCode Assessment for discussion.

3.0 SITE & SURROUNDS 3.1 The subject site comprises a 617m2 allotment on the east side of Railway Parade, Highett,

approximately 80 metres north of its intersection with Highett Road. It is rectangular in shape with a frontage of 15.24 metres to Railway Parade and a maximum depth of 40.54 metres. The site is currently occupied by a single storey detached brick dwelling with a pitched tiled roof, and associated outbuilding.

3.2 The topography of the land is essentially flat and contains scattered vegetation throughout

the site, none of which is considered to be worthy of retention. No easements are contained within the subject site.

3.3 Vehicle access is currently via a single width crossover located adjacent to the site’s

northern property boundary from Railway Parade. 3.4 The subject site and surrounding area is located within the Highett Activity Centre. The

Centre is identified as a ‘Neighbourhood Activity Centre’ on Council’s Residential Land Use Framework Plan.

3.5 The aerial photograph provided below provides an illustrative analysis of the Subject Land

and surrounding environs.

Page 74: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

74

3.6 The subject site and land directly abutting to the north, east and west is zoned Residential 1

(R1Z), and is developed for residential purposes comprising predominantly storey, detached dwellings. Land abutting to the south is zoned Business 1 (B1Z), and are used for a mixture of residential and commercial purposes forms part of the Highett Shopping Centre. The buildings form a hard edge to the street frontage, and are two-storeys in height immediately adjacent to the subject site. Opposite the subject site is the Melbourne-Frankston Railway Line, zoned Public Use Zone 4 (PUZ4).

3.7 In detail, the adjoining and surrounding make-up of the area is described as follows:

North:

Land abutting the site’s northern (side) property boundary is developed with a single storey brick dwelling, set back 12.2 metres from the street frontage (No.28 Railway Parade). The south side of this dwelling is set back 1.6 metres from the subject site. East:

Land abutting the subject site’s rear property boundary is an irregular shaped allotment developed with a single storey brick dwelling, sited at an angle to the site’s Oaklands Court frontage (No.1 Oaklands Court). The side of this dwelling is set back a minimum of 4.5 metres from the subject site.

South: Land abutting the site’s south property boundary is developed with a double storey, semi-detached residential development located within the business zone. The dwellings are built up to the street frontage, forming a hard edge to the street. The development presents as garages and pedestrian entry at ground level, with balcony projections above. A 6.1 metre high wall of this development is built to part of the subject site’s south property boundary, with the remainder of the development set back 1.6 metres.

Page 75: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

75

To the rear of this development is a vacant allotment, zoned Business 1 (B1Z). Access to this site is available from Oaklands Court. West (Across Railway Parade): On the opposite side of Railway Parade is unrestricted indented car parking associated with the Highett Railway Station. Beyond this, is the Melbourne to Frankston Railway Line.

3.8 The site has excellent access to a range of local services and facilities, given its location

within the Highett Activity Centre and opposite the Highett Railway Station. Highett pre-school, Moorabbin Primary School and Berendale school are located within walking distance from the subject site. Southland Shopping Centre, offering a wide range of goods and services, is located within 2km of the site. Lyle Anderson Reserve, Sir William Fry Reserve, and the Highett Reserve are some public reserves within walking distance of the site.

4.0 TITLE DETAILS 4.1 There appear to be no covenants or Section 173 Agreements registered on the Certificate

of Title. 5.0 PLANNING CONTROLS 5.1 The subject site is located within a Residential 1 Zone (R1Z). 5.2 The Land is subject to Design Development Overlay Schedule 12 (DDO12). 6.0 PLANNING PERMIT REQUIREMENTS 6.1 Pursuant to Clause 32.01-4 (Residential 1 Zone), a planning permit is not required to use

the site for residential purposes. 6.2 Pursuant to Clause 32.01, a planning permit is required to construct two (2) or more

dwellings on a lot. 6.3 Pursuant to Clause 43.02 (Design and Development Overlay, Schedule 12), a planning

permit is required to construct a building or construct and carry out works. New development must comply with the Design Objectives and Standards set out in the Table to the Schedule for Area H5. Council’s Strategic Planning Department have advised that only the following design standard listed in the Table is applicable to this development, given that it does not constitute a consolidated site:

§ Buildings and works which do not exceed 7.5 metres (comprising 2 storeys). The proposed development is considered to comply with the Design Standard outlined above, as the building would be two storeys, and achieve a maximum height of 6.745 metres.

Page 76: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

76

7.0 RELEVANT HISTORY

7.1 Council records indicate that Planning Permit No.KP877/07 was issued by the City of

Kingston on 6th March, 2008, to use the site for a Medical Centre (Chiropractic Clinic) for two (2) practitioners, with reduced car parking requirements pursuant to Clause 52.06 of the Kingston Planning Scheme.

8.0 ADVERTISING 8.1 Prior to advertising, the Permit Applicant submitted revised plans on 22 June 2010 that

essentially addressed the initial concerns outlined within the Planning Officer’s further information letter. It is these plans that formed part of the advertising documentation.

8.2 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. Three (3) formal objections to the proposal were received. The valid grounds of objection raised are summarised as follows: • Number of dwellings proposed is out of character; • Proposal would restrict development potential of adjoining vacant allotment at No.2 Coe

Lane; • Overlooking/Loss of privacy; • Overshadowing; • Increased noise and traffic congestion; and • Visual bulk.

9.0 PRELIMINARY CONFERENCE 9.1 A preliminary conference was held on 17 August 2010 with the relevant Planning Officer,

the Permit Applicant (Planning Consultant) and architect, and two (2) objectors in attendance.

9.2 The above concerns were discussed at length within this meeting, and some suggestions

for consideration were made. However, the majority of issues were unable to be resolved at the preliminary conference, and the objections still stand.

10.0 AMENDMENT TO THE PLANS AFTER ADVERTISING 10.1 Pursuant to Section 57A(1), (2), of the Planning and Environment Act (1987) the applicant

submitted amended plans on the 7 September 2010 to address some of the concerns raised within the preliminary conference, particularly with respect to the amenity of the adjoining dwelling at No.24B Railway Parade. The amendments made to the plans following the advertising process include the following:

• The ground floor of Dwelling 1 set back from the site’s south property boundary by 1.0m

beyond its garage, and the car space adjacent to the rear of this dwelling to be aligned with the three car spaces adjacent to the site’s south property boundary; and

Page 77: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

77

• The first floor Kitchen and Bathroom of Dwelling 1 to be set back a further 0.5m, resulting in a set back of 2.5m from the site’s south property boundary, in order to achieve a greater set back from the adjoining property’s first floor habitable room (Bedroom) window.

10.2 The abovementioned changes are considered minor in nature and did not necessitate the readvertising of the application.

10.3 It is these revised plans which form the basis of this recommendation, and are under

consideration by Council. 11.0 REFERRALS 11.1 The following internal referral departments were notified:

• Council’s Development Engineer; and • Council’s Vegetation Management Officer.

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

conditions being included on any permit issued. The ‘Planning Consideration’ section of this report will further elaborate on comments received from internal referral authorities, 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: Residential Land Use Clause 22.11: Residential Development Policy Clause 22.17: Highett Activity Centre Policy

12.3 Particular Provisions

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

12.4 General Provisions Clause 65: Decision Guidelines

Page 78: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

78

12.5 Other 12.6 Neighbourhood Character Area Guidelines (Incorporated Document under Clause 21.05 –

Residential Land Use of the LPPF)

The subject site is located within Profile Area No. 6 of Council’s Neighbourhood Character Guidelines, which identifies building materials comprising of red brick or white weatherboard walls, and tiled roofs as character elements which make a ‘major’ contribution to neighbourhood character in the precinct. The development is contemporary in appearance, proposing a flat roof and a variety of external materials, finishes and colours, including render, powdercoated window frames and doors, timber screening, and glazing etc. It should be noted that the development site is situated in a Residential 1 Zone within the Highett Activity Centre, opposite the Highett Railway Station, and abuts the periphery of the Highett Shopping precinct. The character of the area is consequently eclectic in appearance, comprising a mixture of single and double storey forms, flat and pitched roofs, detached dwellings with generous setbacks and buildings built to boundaries. Given the strong policy support for increased residential densities within the area, it is envisaged that the character of the area will further evolve from the more traditional housing styles to more contemporary forms of development, consistent with what has been proposed in this instance. It is therefore considered that the proposed development design, including proposed building materials, is acceptable within the neighbourhood context.

12.7 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. A discussion of the areas of non-compliance with the Guidelines is provided below.

Where garages are located within the street elevation, it is suggested that the garage wall

be set behind the front wall of the dwelling in order to reduce its visual dominance. The garage for dwelling 1 is positioned forward of its entry area. In this instance, the proposal is considered acceptable having regard to the design of the adjoining side by side development at No.24 Railway Parade, which features two single garages in its front elevation, which are set back 2.0 metres from the street frontage. The proposal continues the building line of the existing development then staggers back to 5.0 metres, which is considered to provide a reasonable transition between the two adjoining developments. It is considered that the proposal will appear consistent within the streetscape and the garage will not form an overly dominant aspect to the proposal, particularly given that it is the only car parking facility for the development which will be located within the street elevation.

The Guidelines also suggest that the front façade of a proposed dwelling should not

present as a garage and front door only. While dwelling 1 does not provide a room within the street elevation at ground level, the proposal is considered acceptable having regard to

Page 79: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

79

the site context and the presentation of the adjoining development to the south. It is considered that the objective of the guidelines is satisfied as Dwelling 2, also located in the street elevation, provides a room at ground level which results in a sense of ‘interconnection’ with the street.

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. 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 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 public transport nodes.

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.

Page 80: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

80

Within Clause 21 (MSS) of the Kingston Planning Scheme, the following five (5) attributes are submitted as being the most relevant to the consideration of the proposal: § Clause 21.03: Land Use Challenges for The New Millennium § Clause 21.04: Vision § Clause 21.05: Residential Land Use § Clause 22.11: Residential Development Policy § Clause 22.17:Highett Activity Centre Policy After reviewing the relevant strategic directions that emerge from the abovementioned Clauses, the following can be summarised: § 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.

§ 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.

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

o Locations for promotion of medium and higher density housing

opportunities i.e. areas designated for increased density housing opportunities and activity centres.

§ 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.

§ 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”.

Page 81: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

81

§ 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.

§ Clause 22.11 Residential Development Policy extends upon the provision contained

at Clause 21.05 (Residential Land Use), effectively promoting high-density development around activity centres and locations close to public transport.

Where a planning permit is required for residential development, where relevant, it is policy under Clause 22.11 to:

o Encourage all new residential development to respond positively and creatively to neighbourhood character. Unless a preferred character is specified, the existing character is that which is to be considered.

o In areas where building placement makes a major contribution to neighbourhood character, design new development to reinforce the established rhythm of buildings in the street and retain the existing single dwelling character of the streetscape.

Built form, siting and scale of development, it is policy, where relevant, to:

o Encourage the two storey component of new medium density housing to be located towards the front of a site.

Page 82: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

82

o Ensure that any upper storey components towards the rear of sites are sensitively designed to avoid unreasonable adverse amenity impacts on neighbours.

o Encourage well articulated and graduated elevations in order to avoid 'box-like' double storey designs, thus reducing visual bulk.

o Ensure that the siting of new buildings respects the amenity of adjoining neighbours with regard to rear yards and garden outlooks from habitable living room windows.

o Ensure that the design and layout of new dwellings incorporate features which minimise overlooking of adjacent properties.

o Address potential overlooking through site layout planning as well as individual dwelling planning.

Response: While the proposed building extends down much of the length of the site, it is considered that the design has responded appropriately to its context, concentrating the bulk of the development towards the site’s southern property boundary which is located within the Business 1 Zone, and adjoining a vacant allotment and two-storey building built to the boundary. The upper level of the development has been appropriately articulated through the use of a variety of building materials, colours, and fenestration patterns which serve to reduce visual bulk. First floor habitable room windows and/or terraces have been screened to prevent overlooking of adjacent properties. Car parking and vehicle access, it is policy, where relevant, to:

o Ensure that adequate on-site car parking is provided to meet the needs of future residents and visitors and sited to reduce its impact on the streetscape.

Performance measures

o Locating garages or carports at the rear of dwellings fronting a street wherever possible.

o Ensuring that where garages are located in the street elevation, they are set back a greater distance than the front wall of the building.

o Ensuring that garages and carports are sited so that a tandem car parking space can be provided in front of the garage or carport.

o Incorporating garages and carports within the main roof line of the dwelling.

Response: The development provides one (1) on-site car space per dwelling, consistent with the requirements of Clause 55 of the Kingston Planning Scheme (ResCode). While no visitor parking is provided, a waiver is considered reasonable having regard to the site’s proximity to Highett Railway Station and the provision of unrestricted on-street car parking adjacent to the Station and directly opposite the subject site. On-site car parking for the development has been predominantly located within the site, with the exception of the garage for Dwelling 1. While this garage is set forward of the front wall of the building, and does not allow for tandem parking, the design response is considered acceptable as it follows from the design of the adjoining development to the

Page 83: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

83

south, then steps back to 5.0 metres providing a suitable transition between the adjoining properties. Stormwater run-off mitigation and quality management, it is policy, where relevant, to:

o Ensure that new residential development limits the impact of increased stormwater run-off on drainage systems.

Performance measures On-site infiltration should be maximised by:

o Wherever possible, using unpaved landscape areas or porous paving. o Where appropriate, constructing on-site stormwater detention with delayed

release into the stormwater drainage system. o Designing to limit the impervious area. o Incorporating on-site water re-cycling systems for stormwater run-off.

Council’s Development Engineers have reviewed the proposal and made specific recommendations regarding stormwater treatments which will be made conditions of any permit issued.

In summary, the proposal is considered to be consistent with Council’s Local Planning Policy Framework. Importantly, the proposal delivers on specific objectives relating to new residential development, which seek to encourage well-designed medium density housing in appropriate locations as well providing diversity in housing choice to assist in meeting the anticipated future population forecasts.

§ The purpose of Clause 22.17 Highett Activity Centre Policy is to implement the

Highett Structure Plan, 2006, which provides a preferred future pattern of development in the Highett area. It guides land uses, level of activity, forms of buildings and access arrangements that are encouraged throughout the area in the future.

Where a permit is required for the development of land within the policy area, where relevant, it is policy to:

o Promote designs that highlight key corners, entries or landmarks through design projection, detailing and massing that presents to both street frontages and the sites surroundings.

o Ensure new development recognises the character of Highett’s established residential areas.

o Maximise development opportunities on vacant and underutilised land which responds to the urban quality, proximity to transport and activity centres.

o Encourage well-designed medium density residential redevelopment in designated preferred medium density residential areas.

o Promote a diverse range of housing types and sizes within areas identified for increased residential and mixed use development.

o Manage redevelopment in those residential areas not identified as preferred areas for medium density housing pursuant to existing Council policies and ResCode.

Page 84: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

84

The subject site is identified within ‘Precinct 2: Preferred Medium Density Residential Areas’, where in addition to the general policies, in the Preferred Medium Density Residential Areas Precinct it is policy to:

o Support the development of contemporary medium density housing in the form of well designed apartment developments rather than villa unit and town house style developments.

o Promote development with a maximum of three storeys on consolidated lots. o Encourage site consolidation.

The proposed two-storey apartment-style development is considered to meet these objectives.

13.3 Particular Provisions

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

It is acknowledged that the provisions of Clause 55 (ResCode) of the Kingston Planning Scheme apply in this instance. Accordingly, the proposal has been assessed against the objectives and standards of this Clause and it is considered that the development largely satisfies the requirements of ResCode and, in general, is site responsive. It is important to note that a development must meet all of the objectives of this Clause, and should meet all of the standards of this Clause. There are some minor variations sought to a few of the Standards found within Clause 55, these namely relate to the following: § Standard B6: Street setback § Standard B8: Site coverage § Standard B16: Parking provision § Standard B28: Private open space § Standard B32: Front fences

The ‘Planning Consideration’ section of this report will further elaborate on the above items where concessions are being sought.

14.0 PLANNING CONSIDERATIONS AND ASSESSMENT OF KEY ISSUES

Prior to delving into the discussion below, it should be recognised that the subject Land is suitable for development and both the State and Local Planning Policy Framework support this notion with the site being earmarked as an ‘increased housing diversity’ area. Council must determine whether the proposal would achieve an “acceptable” outcome having regard to the applicable policies, decision guidelines and the provisions of the Kingston Planning Scheme.

Page 85: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

85

The proposal has been assessed and determined to meet all of the Objectives and 29 of the 34 Standards of Clause 55 of the Kingston Planning Scheme (ResCode). The following provides a discussion of the 5 areas of non-compliance, as identified above.

Clause 55.03 - Site Layout and Building Massing

Standard B6 – Street Setback

In accordance with the Standard, the development should be set back a minimum of 6.1 metres from the street frontage. The proposed development would be set back a minimum of 2.0 metres to the garage for Dwelling 1 at ground floor and its first floor balcony above. The development adjoining to the south (No.24A Railway Parade) is constructed to its front property boundary at first floor level, with the remainder of the building set back 2.0 metres at ground level. Beyond this, buildings form a hard edge to the pavement and feature awnings overhanging the footpath, typical of development within a business precinct. Adjoining to the north of the subject site is a detached dwelling, set back 12.2 metres from the street frontage. Dwellings on the east side of Railway Parade generally follow a similar, traditional residential development pattern. The proposed setback of 2.0 metres increasing to 5.0 metres towards the site’s northern property boundary is considered to provide an acceptable transition between the two adjoining developments and will appear consistent with the prevailing building setbacks in the immediate area.

Standard B8 – Site Coverage The development proposes a site coverage of 70 percent, in excess of the 60 percent maximum specified under the Standard. When considering a variation to the Standard, Council must have regard to the character of the neighbourhood, and the site coverage of adjacent properties. The site is located adjacent to the Highett Shopping Centre within the Business 1 Zone, which is developed with commercial buildings with high site coverage, well in excess of 60 percent. Having regard to the site context and its location on the periphery of a business precinct, the higher site coverage is considered acceptable and consistent with the broader neighbourhood character. Standard B16 – Parking Provision The Standard requires new developments to be provided with one (1) on-site visitor car space per five dwellings. Accordingly, the proposal seeks a waiver of one (1) visitor car parking space. The subject site is located opposite the Highett Railway Station, which provides unrestricted indented 90 degree public car parking along the west side of Railway Parade. Restricted parallel on-street car parking is also available along the east side of Railway Parade, directly adjacent to the subject site. While the public car spaces are heavily occupied during normal business hours, it is envisaged that the majority of visitors to the subject development would occur after hours and on weekends, when on-street car parking associated with commuters from the Station is less heavily utilised. Therefore, having regard to the proximity of the site to Highett Railway Station and on-street car parking opportunities, the absence of one designated visitor car space is considered warranted in this instance. Further, in developments of five or more dwellings, bicycle parking spaces should be provided. Council Officers agree with the applicant’s statement which suggests that in developments of this nature, residents would typically secure their bicycles, and those of

Page 86: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

86

their visitors, within their respective dwelling. The lack of designated bicycle parking facilities is therefore considered acceptable. Standard B32 – Front fences In accordance with the Standard, front fences should not exceed a maximum height of 1.2 metres. It is considered that a permit condition can require the proposed timber screening shown at a height of 1.5 metres in front of Dwelling 1 to be reduced to 1.2 metres, with the bin storage for this dwelling relocated accordingly. Clause 55.05 – On-site Amenity & Facilities Standard B28 – Private Open Space In accordance with the Standard, private open space for a dwelling should be provided in the following format:

o 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

o A balcony of 8 square metres with a minimum width of 1.6 metres and convenient access from a living room; OR

o A roof-top area of 10 square metres with a minimum width of 2 metres and convenient access from a living room.

While the private open space areas provided to Dwellings 1, 2 and 6 meet the abovementioned requirements, the ground level private open space provided to Dwellings 3 and 4, and the first floor balcony provided to Dwelling 5 does not. However, the proposal is considered to provide well oriented parcels of private open space, proportionate to the size of the dwellings and consequently, the likely service and recreation needs of future residents. It should also be noted that the site is within walking distance of a number of public reserves that can be utilised by future residents.

15.0 RESPONSE TO GROUNDS OF OBJECTION 15.1 Number of dwellings proposed is out of character

Some objectors submitted that the number of dwellings proposed on a site of this size is uncharacteristic of the surrounding area, and amounts to an overdevelopment of the site. The subject site is located within a Residential 1 Zone, the Highett Activity Centre, and within an ‘increased housing diversity’ area. There is clear policy support within the Kingston Planning Scheme to concentrate more intense forms of residential development within this area, particularly given its superior proximity to social and physical infrastructure. It is important to note that the proposal’s performance against the relevant criteria of the Planning Scheme indicates that the number of dwellings proposed is not unreasonable. The proposal has been designed in accordance with, or in excess of, the vast majority of

Page 87: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

87

Standards of Clause 55 (ResCode). Where not met, the proposal clearly satisfies the Objective, as has been discussed in Section 14.0 of this report. Overshadowing and overlooking has been minimised, and the more subjective elements of the design such as building bulk has been reduced through a combination of varied setbacks, building materials and forms. Accordingly, the proposal is deemed to be an acceptable number of dwellings for the site, and in line with the emerging character of the precinct.

15.2 Proposal would restrict development potential of adjoining vacant allotment at No.2 Coe Lane

The owner of the vacant site adjoining to the site’s southern property boundary has submitted that the development potential of his allotment will be compromised by the proposed development. No plans for the objector’s property have been submitted to Council for consideration. Nevertheless, it is considered that the proposed first floor setbacks, extent of walls proposed to site boundaries at ground level, treatment of upper level windows to prevent overlooking, building height and level of detailing to the external elevations to reduce visual bulk, is satisfactory. It is considered that the development potential of the site will not be unduly impacted as a consequence of the development.

15.3 Overlooking/Loss of privacy

The proposed first floor habitable room windows and balconies of the development have been screened in accordance with the techniques specified under Standard B22 of Clause 55 (ResCode) of the Kingston Planning Scheme. It is therefore considered that the proposal will not result in any unreasonable loss of privacy to adjoining properties.

15.4 Overshadowing

The proposal complies with Standard B21 of Clause 55 (ResCode) of the Kingston Planning Scheme with respect to overshadowing. Having regard to the orientation of the allotment, the two properties adjoining to the south of the subject site will be most impacted by any shadow cast by of the proposed development. As mentioned previously, it is considered that the proposal will have no undue negative impact on the development potential of the vacant site adjoining to the south-east (No.2 Coe Lane), and the degree of overshadowing to this site is acceptable. With respect to the existing double storey dwelling adjoining to the south (No.24 Railway Parade), it is considered that the level of overshadowing caused by the proposal would not be unreasonable. The primary living area of this dwelling is located at first floor level, at the front of the site. The balcony provided to the dwelling (abutting the site’s street frontage) constitutes the dwellings’ primary area of private open space. Given that the proposed development is set back beyond the adjoining balcony, there will be no shadowing impact to this area. While the ground level courtyard of the adjoining dwelling would be affected by the proposal by way of overshadowing, it should be noted that the area is accessed from a bedroom, and is only 1.7 metres in width, therefore restricting its usability and function as a principle recreation area for the dwelling. Consequently, and having regard to the amended plans

Page 88: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

88

which reduce the impact of the proposal on this area, the proposal is considered to be acceptable.

15.5 Increased noise and traffic congestion

Whilst it is acknowledged that the level of resident noise may increase as a consequence of the location of first floor balconies, the noise generated would be of a residential nature, and therefore is not considered to be unreasonable. It should be noted that the first floor screening proposed would result in some degree of noise attenuation. With respect to traffic congestion, it is not considered that the proposal will exacerbate any existing traffic issues surrounding the site, having regard to the number of dwellings proposed and likely number of traffic movements to and from the site; the level of on-site car parking provided to the development, which as discussed, is considered to be satisfactory; and the site layout which provides workable turning areas to ensure that vehicles within the development can exit the site in a forward direction.

15.6 Visual bulk

A number of objectors submitted that the proposal will result in visual bulk, not in keeping with the surrounding area. As mentioned earlier, the contemporary, apartment-style of the development is considered to be wholly consistent with the ‘emerging’ character of the precinct, where higher residential densities are encouraged under Council policy. The development has been appropriately articulated through the use of an interesting variety of building materials, colours, setbacks, fenestration patterns and landscaping opportunities, which will assist in ensuring that the extent of built form does not present as visually obtrusive to adjoining properties or to the Railway Parade streetscape. It is submitted that the design of the development is in keeping with the scale and form of buildings found within the surrounding area, and will sit comfortably within the existing streetscape.

With regard to views from adjoining properties’ private open space and habitable room windows, it is submitted that the building setbacks and degree of articulation provided to the building elevations ensure that the visual amenity of these dwellings is safeguarded.

16.0 CONCLUSION: 16.1 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.

16.2 The proposed 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 a detrimental impact on surrounding properties (subject to appropriate conditions); and,

Page 89: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

89

• The proposal generally satisfies the requirements of the Kingston Planning Scheme, including the MSS, Residential Development Policy (inclusive of the Neighbourhood Character Area Guidelines and the Designing Contextual Housing Guidelines), Residential 1 zoning and the Schedule to the zone, Overlays, Clause 55 – Two or more dwellings on a lot and Residential Buildings, and Clause 65 – Decision Guidelines (subject to appropriate conditions).

17.0 On balance and subject to the inclusion of suitable conditions, the proposal is considered

reasonable and warrants support. 18.0 RECOMMENDATION: That a Notice of Decision to Grant a Permit for the development of this site for six (6) dwellings be issued, subject 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 the 22nd June, 2010, and concept plan submitted to Council on the 7th September, 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:

x. 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;

xi. 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;

xii. 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;

xiii. a range of plant types from ground covers to large shrubs and trees;

xiv. adequate planting densities (e.g.: plants with a mature width of 1 metre, planted at 1 metre intervals);

xv. the provision of one (1) suitable medium sized (at maturity) canopy tree within the front setback of the property with species chosen to be approved by the Responsible Authority.

xvi. sustainable lawn areas and plant species taking current water restrictions into consideration;

xvii. all trees provided at a minimum of two (2) metres in height at time of planting;

xviii. medium to large shrubs to be provided at a minimum pot size of 200mm; and

Page 90: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

90

xix. 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 spaces to be allocated to each dwelling, with the car space in front of Bedroom 2 of Dwelling 3 to be allocated to this dwelling;

c. the surface material of all driveways / accessways and car parking spaces nominated in all-weather coloured concrete sealcoat, or similar;

d. 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;

e. the external storage areas allocated to each of the dwellings and their capacity nominated on the plan (minimum 6m3);

f. the location of bin storage for each dwelling shown, with no storage facility to be located within the site’s front setback area;

g. the front fence reduced to a maximum height of 1.2 metres;

h. the width of the car parking spaces within the development amended to be in accordance with the recommendations contained within the report prepared by Traffix Group Pty Ltd dated 8th June, 2010;

i. the provision of rainwater tank clearly nominated for the dwellings with water re-use for toilet flushing;

j. the provision of a notation on the plan stating ”Relocate the road signs and amend the car park line marking as directed to the satisfaction of the Council”. All cost of the works will be borne by the developer/owner.

2. The development 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 works as required under Condition 1j) of this permit must be conducted to Council’s 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.

6. 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.

Page 91: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

91

7. 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.).

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

properties. 9. 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.

10. 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.

11. 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.

12. 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: e. Constructed to the satisfaction of the Responsible Authority.

f. Properly formed to such levels that they can be used in accordance with the plans.

g. Surfaced in accordance with the endorsed plans under this permit or in an all weather coloured concrete seal-coat, to the satisfaction of the Responsible Authority.

h. 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.

13. 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.

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

a) Transport of materials, goods or commodities to or from the land. b) Appearance of any building, works or materials.

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

d) Presence of vermin. e) In any other way.

15. Construction on the site shall be restricted to the following times:

Page 92: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

92

Monday to Friday 7:00am to 7:00pm; and, Saturday 9:00am to 6:00pm Or otherwise as approved by the Responsible Authority in writing.

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

17. 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.

OR In the event that Council choose not to support the application, it may do so on the following grounds; 1. The proposal would have an adverse effect on the amenity of an established residential

neighbourhood; 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 does not satisfy all the requirements of Clause 55 of the Kingston Planning

Scheme (ResCode), in particular, Clause 55.03-1 Street Setback Objective, Clause 55.03-3 Site Coverage Objectives, Clause 55.03-1 Parking Provision Objectives, Clause 55.05-4 Onsite Amenity Objectives and Clause 55.06-2 Front Fences Objective.

Page 93: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

93

M 180 KP679/09 – 25 Stanley Street, Carrum APPLICANT: Derek Farrington Architect ADDRESS OF LAND: No. 25 Stanley Street, Carrum (Lot 21 on PS05515) MELWAY REF: 97 D7 PROPOSAL Two (2) Dwellings CONTACT OFFICER: Alison Slattery for Nikki Taylor FILE NO: KP679/09 ZONING: Residential 1 KINGSTON PLANNING SCHEME ORDINANCE CONTROLS:

Clause 12.00: Metropolitan Development Clause 14.01: Planning for Urban Settlement Clause 16.02: Housing – Medium Density Housing Clause 21.05 MSS – Residential Land Use Clause 22.11: Residential Development Policy Clause 22.12: Carrum Activity Centre Policy Clause 32.01: Residential 1 Zone & Schedule Clause 55: Two or More Dwellings on a Lot Clause 65: Decision Guidelines

RESIDENTIAL POLICY AREA:

Increased Housing Diversity Area

NEIGHBOURHOOD CHARACTER AREA:

Area 81

DECISION BY: 13th July 2010 NETT DAYS: 136 days as of 27th September, 2010 CONSIDERED PLAN REFERENCES/DATE RECEIVED

Job No 2914, Revision B 06/04/10, 7 sheets, received by Council 10/5/10

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

• Neighbourhood character • Amenity impact (external)

2.0 SITE & SURROUNDS 2.1 The subject site comprises a 924.9m2 allotment on the north-east side of Stanley Street in

Carrum. 2.2 The site is irregular in shape and has a frontage to Stanley Street of 15.74 metres and a

maximum depth of 61.67 metres. 2.3 It currently contains a single storey dwelling and associated outbuildings. No significant

vegetation exists on site and the site is generally flat. 2.4 The site is presently accessible via a crossover at the north end of the Stanley Street

frontage. There appears to be no restrictions listed on the Certificate of Title. 2.5 The site is located within an established residential area. The surrounding area typically

comprises single storey brick and weatherboard dwellings.

Page 94: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

94

2.6 Front fencing is varied, with the majority of front fences at least below 1.8 metres in height. The site is within close proximity of local services, facilities and transportation.

3.0 PROPOSAL 3.1 It is proposed to demolish the existing dwelling and outbuildings on the land and construct

two (2) double storey dwellings on this site.

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.

Dwelling 1: complies (62.75m²) Dwelling 2: complies (109.10m2)

Car Parking One (1) car parking space for one (1) or two (2) bedroom dwelling, and two (2) car parking spaces for each three (3) or more bedroom dwelling

Dwelling 1: complies (two spaces provided in the form of a double garage) Dwelling 2: complies (two spaces provided in the form of a double garage)

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.

Dwelling 1: does not meet standard (refer to the ResCode discussion section within this report)

Site Coverage

Maximum 60% - as per ResCode

Site coverage is 41.71% and therefore complies

3.2 Key elements of the proposal are as follows:

Dwelling Private Open Space Areas No. of Bedrooms

Car Parking Spaces

1 62.75m² 4 2 2 109.10m2 4 2 3.3 Dwelling 1 comprises: living room, billiard room, kitchen, study, dining, laundry and

amenities at ground level and three bedrooms, and amenities at first floor level. The dwelling would have a double garage accessible via a new crossover along the south-eastern boundary that connects to Stanley Street. The dwelling would have 62.75m² rear yard to the north-east of the dwelling, and some additional open space at the front of the dwelling. The dwelling would be constructed from rendered walls coloured Dulux Shett and Lace with a Woodland Grey colorbond roof.

3.4 Dwelling 2 comprises: living room, meals room, family room, kitchen, laundry, three bedrooms and amenities at ground level, with external alfresco dining and a further bedroom and amenities at first floor level. The dwelling would have a double garage accessible via a dedicated along the north-west boundary. The dwelling would have 109.1m² private open space to the rear of the dwelling. The dwelling would be constructed from rendered walls coloured Dulux Shett and Lace with a Woodland Grey Colorbond roof.

Page 95: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

95

3.5 The proposal has a permeability percentage of 37.48%. 4.0 PLANNING CONTROLS 4.1 The subject site is located within a Residential 1 Zone.

5.0 PLANNING PERMIT REQUIREMENTS 5.1 Pursuant to Clause 32.01 – Residential 1 Zone of the Kingston Planning Scheme a Planning

Permit is required to construct two (2) or more dwellings on a lot. 6.0 RELEVANT HISTORY 6.1 A review of Council’s records indicates no previous planning permit applications.

7.0 AMENDMENT TO THE APPLICATION BEFORE NOTIFICATION 7.1 Amendments to the application were made by the applicant on 10th May, 2010. The

amendments were ostensibly made in response to Council further information letter dated 15th October, 2009.

7.2 The amendments made to the application were considered satisfactory and Council, therefore, directed that the application proceed to advertising.

8.0 ADVERTISING 8.1 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. The grounds of objection raised are summarised as follows: • Visual bulk; • Privacy Concerns/overlooking; and • Noise Concerns. • Devaluation of property (no evidence provided)

8.2 The above objections have been withdrawn in writing subject to the inclusion of conditions

on any planning permit issued, requiring:

8.2.1 The submission of amended plans showing the north-west side of the balcony to dwelling 1 screened with a lightweight rendered wall to a height of 1.7 metres above finished floor level; and

8.2.2 The second floor sitting room window to have obscured glass to a height of 1.7 metres above finished floor level.

9.0 PRELIMINARY CONFERENCE

Page 96: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

96

9.1 A preliminary conference was organised for 5th August 2010. However, before the meeting could be held, the two objections were withdrawn in writing subject to the inclusion of conditions on any planning permit issued requiring the submission of amended plans to show screening and changes as noted in Section 8.2. These changes have been agreed to in writing by the applicant. As such, the preliminary conference was deemed unnecessary and not held.

10.0 REFERRALS 10.1 The application was referred to the following internal departments within Council:

• Council’s Development Engineer who advised of no objection to the proposal, subject to the inclusion of a number of conditions on any permit issued.

• Council’s Vegetation Management Officer who advised of no objection to the proposed vegetation removal or landscape plan provided as part of the application.

11.0 RELEVANT POLICIES 11.1 State Planning Policy Framework (SPPF)

Clause 12 (Metropolitan Development) Clause 14 (Settlement) Clause 16 (Housing) Clause 19 (Particular Uses and Development)

11.2 Local Planning Policy Framework (LPPF) Clause 21.05 (Residential Land Use) Clause 22.11 (Residential Development Policy) Clause 22.12 (Carrum Activity Centre Policy)

11.3 Zoning

The site is located in the following Zone:

Clause 32.01 (Residential 1 Zone) 11.4 Overlays

No overlay provisions apply to the subject site.

11.5 Particular Provisions

Clause 55 (Two or More Dwellings on a Lot & Residential Buildings) – Refer to Planning File for the Planning Officer’s full assessment against this Clause.

11.6 General Provisions

Clause 65 (Decision Guidelines)

Page 97: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

97

11.7 Other

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

Residential Land Use of the LPPF)

The land is located within Area 81 of the Neighbourhood Character Guidelines. The proposal is generally in accordance with the applicable character profile. Any areas of non-compliance are as follows: • Building placement: The characteristic distances between buildings and their front and

side boundaries are as follows: narrower side setback 1-2m, front setback 5-7m and wider side setback 2-5m. The development would be placed directly on the southern side boundary. Both dwellings have garages located on the southern side boundary. Overall, while the building placement of the proposal is not entirely in accordance with the Neighbourhood Character Guidelines, it is considered appropriate and in keeping with the general pattern of dual-occupancy and newer dwelling developments in the street and surrounding areas where sections of dwellings are located on a boundary.

10.7 Design Contextual Housing Guidelines (April 2003 – reference document within Clause

22.11 – Residential Development Policy) The Designing 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 double storey nature of dwelling 2, which is located towards the rear

of the site, is inconsistent with the “building form, siting and scale of development” provision which encourages double storey development to be located towards the street. This inconsistency will be discussed further in Section 12.1 of this report.

12.0 PLANNING CONSIDERATIONS: 12.1 State and Local Planning Policy Framework

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 in appropriate locations. Clause 22.12 (Carrum Activity Centre Policy) The site is located within the Eastern Residential Precinct of the Carrum Activity Centre Policy at Clause 22.12 of the Scheme. Within this area, the following is Policy:

Activities and uses • Promote increased housing diversity with an emphasis on small medium density

dwellings.

Page 98: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

98

Built form & Character • Promote the development of appropriately designed smaller medium density housing

with strong encouragement for smaller dwellings consistent with the preferred coastal cottage character.

• Promote the development of sensitively designed medium density housing in the form of small dwellings reflecting an ‘historic’ coastal cottage character. This may be achieved in the following ways: - Interpreting traditional building designs which include single and double frontages,

pitched, hipped and gable roofs, eaves, vertical rectangular window openings and verandahs.

- Using traditional building materials including horizontal weatherboard cladding, light tone rendered brickwork, corrugated iron roofs, brick chimneys, timber verandahs, and door and window joinery and painted finishes.

- Using building materials, finishes and colours appropriate to the coastal location which are non-reflective and are of natural and muted colours that will blend with the suburban coastal setting.

- Ensure front fences are low, transparent and constructed of traditional materials.

Building Siting, Height & Setback • Ensure two storey dwellings are sensitively designed to integrate with the predominantly

single storey building height throughout the area. This may be achieved by: - Reducing the floor area of upper levels compared to ground levels.

- Increasing the setback of second storey walls to that of first storey walls. - Including second storey rooms in attics or mezzanines or the like.

- Ensure any two storey component of a dwelling at the rear of a site is considerably less in area than the ground floor and is set back from property boundaries to avoid overshadowing or visual intrusion to the rear yards of neighbours.

It is noted in response to the above that Dwelling 2 includes a first floor element with setbacks of 2.0 metres to 5.78 metres from the ground floor footprint. This provides a good setback which ensures that the first floor element is highly recessed. It is also submitted that the limited amount of accommodation at first floor, namely bathroom and amenities, helps reduce and minimise the impact of the first floor built form. However, it is considered reasonable to require the south-west facing balcony of bedroom 1, dwelling 1 to be reduced in width by a minimum of 1 metre in order to provide a clear graduation in height between the ground floor and the first floor of this dwelling, particularly when viewed from the street. This will achieve compliance with the policy intent of respecting neighbourhood character and reducing the impact of the appearance of visual bulk.

Page 99: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

99

Landscape Vegetation & Open space • Ensure the area of soft landscaping is 50 per cent of the required private open space, and

hardstand areas consist of porous surfaces to maximise infiltration. A condition of permit can be included requiring the submission of a landscape plan to the satisfaction of the Responsible Authority. Drainage • Ensure floor levels for all new developments are assessed by Council as part of the

planning application process. The proposal has been referred to Council’s Development Engineers who have recommended the inclusion of a suite of conditions addressing stormwater remediation for the site.

12.2 Zoning Provisions

It is considered that the proposed development satisfies the purpose of the zone.

The Schedule to the Residential 1 Zone specifies variations to one standard of Clause 55 (ResCode), namely:

Standard B32 – Front Fences: The local variation requires a front fence within 3 metres of a street must not exceed 2 metres in height for streets in a Road Zone – Category 1 or 1.2 metres in height for any other street.

This standard is not applicable, as no front fence is proposed to be constructed.

13.0 CLAUSE 55 (RESCODE ASSESSMENT)

13.1 The proposal has been assessed against the Objectives and Standards of Clause 55

(ResCode) of the Kingston Planning Scheme (refer to attachment A). It is considered that the development largely satisfies the requirements of ResCode and is a well-designed development. There appear to be the following areas of non-compliance, which are discussed below:

Standard B6 – Street Setback: The adjoining property at 27 Stanley Street includes a setback of 10.1 metres and the property at 23 Stanley Street includes a setback of 10.18 metres. This would require a minimum setback of 9 metres. The proposed front setback to Stanley Street is a minimum of 7.7 metres and does not comply with the standard. It is submitted that a variation to the standard is warranted in this instance as the building has been thoughtfully designed insofar as it includes greater front setbacks where it

Page 100: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

100

interfaces with adjoining dwellings to either side. These being, 11.2 metres to 27 Stanley Street and the inclusion of a 4.2 metre wide driveway area adjacent to 23 Stanley Street. It is noted that the buildings appear to have been designed specifically so that the depth can be minimised to ensure limited impacts on the amenity of neighbours, including intrusions into and against private open spaces. Further to this, it is submitted that the proposal includes an average setback to the street of 9.56 metres, the slope of the street playing a part in the required staggered street setback. The subject site is located within the Residential 1 Zone and in an area identified under the Carrum Activity Centre Policy, Clause 22.12 of the Kingston Planning Scheme, for Increased Housing Diversity. A slightly reduced front setback will provide sufficient area to meet this objective, as well as maintaining appropriate residential amenity. It is recommended that the requirements of the standard be varied in this instance, noting that the objective of this clause seeks to ensure that the setbacks of buildings from a street respect the existing or preferred neighbourhood character and make efficient use of the site. Standard B15 Parking Location -The car parking facilities are secure, reasonably close and convenient to the dwellings and are generally located at least 1.5 metres from any habitable room windows of other dwellings. The northwest facing windows of dwelling 1 are within 1 metre of the shared accessway and should be screened to a height of 1.4 metres to reduce light glare and promote privacy. There are no internal amenity imperatives that predicate against the screening of this window. A condition of permit will be included that requires the submission of plans showing the dwelling 1 north-west facing living room window screened to a height of 1.4 metres in accordance with Standard B15. Standard B22 – Overlooking The majority of windows are screened appropriately or are located appropriately so as to avoid unreasonable views to adjoining properties. The plans indicate no screening to the north–west facing sitting room window of dwelling 1 at the first floor level. Views are available to the habitable room windows of 23 Stanley Street from this window. It is not considered appropriate to allow these views. This window will be required to be screened in accordance with Standard B22. Further to the above non-compliance with Standard B22, it is noted that the original objections to the proposal have been withdrawn, conditional on the screening of the window as noted above, and further screening to the balcony. The applicant has agreed to these screening devices being included. Conditions of permit will be included that require the submission of amended plans showing the sitting room and balcony to be screened to a height of 1.7 metres in accordance with Standard B22 and as agreed to in writing.

14.0 CONCLUSION: 14.1 The proposed development is considered appropriate for the site as evidenced by:

Page 101: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

101

• The design and siting of the proposed development and its compatibility within 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 (inclusive of the Neighbourhood Character Area Guidelines and the Designing Contextual Housing Guidelines), Residential 1 zoning and the Schedule to the zone, Clause 55 – Two or more dwellings on a lot and Residential Buildings, and Clause 65 – Decision Guidelines (subject to appropriate conditions).

15.1 It is considered that the objectors concerns have been addressed and mitigated where

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

16 RECOMMENDATION:

That Council resolve to issue a Permit (the objections having been withdrawn in writing) for the development of this site for the construction of two (2) dwellings, subject 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 10th May 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. the provision of one (1) suitable medium sized (at maturity) canopy tree within the front setback of the property and one (1) small (at maturity) tree within the

Page 102: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

102

private open space area of each dwelling, with species chosen to be approved by the Responsible Authority.

vii. sustainable lawn areas and plant species taking current water restrictions into consideration;

viii. all trees provided at a minimum of 2 metres in height at time of planting; ix. medium to large shrubs to be provided at a minimum pot size of 200mm;

x.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 rainwater tanks clearly nominated for the dwellings with water re-use for toilet flushing;

c. the south-west facing balcony of bedroom 1, dwelling 1 reduced in width by a minimum of 1 metre in order to provide a clear graduation in height between the ground floor and the first floor of this dwelling;

d. dwelling 1 north-west facing ground floor living room window screened to a height of 1.4 metres in accordance with Standard B15;

e. the north-west side of the first floor balcony to dwelling 1 screened with a lightweight rendered wall to a height of 1.7 metres above finished floor level in accordance with standard B22; and

f. the second floor north-west facing sitting room window to have obscured glass to a height of 1.7 metres above finished floor level in accordance with standard B22.

2. The development 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 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.

4. 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.

5. 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.

6. Before the development commences, a Stormwater Management Plan showing the

stormwater works to the nominated point of discharge must be prepared to the

Page 103: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

103

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.).

7. Stormwater works must be provided on the site so as to prevent overflows onto

adjacent properties.

8. 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.

9. 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.

10. 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.

11. 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:

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 accordance with the endorsed plans under this permit or 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.

12. 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.

13. 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.

14. Finished Floor Levels shown on the endorsed plans must not be altered or modified

without the prior written consent of the Responsible Authority.

15. Construction on the site shall be restricted to the following times:

Page 104: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

104

i. Monday to Friday 7.00am to 7.00pm ii. Saturday 9.00am to 6.00pm iii. No construction is allowed on Sundays and public holidays

Or otherwise as approved by the Responsible Authority in writing.

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

17. 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: Before removing / pruning any vegetation from the site, the applicant or any contractor

engaged to remove any vegetation, should consult Council’s Vegetation Management Officer to verify if a Local Laws Permits is required for the removal of such vegetation.

OR In the event that Council choose not to support the application, it may do so on the following grounds; 1. The proposal would have an adverse effect on the amenity of an established residential

neighbourhood; 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 does not satisfy all the requirements of Clause 55 of the Kingston Planning

Scheme (ResCode), in particular, Clause 55.03-1 Street Setback Objective, Clause 55.03-10 Parking Location Objectives and Clause 55.04-6 Overlooking Objective.

Page 105: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

105

M 181 Amendment C99 to the Kingston Planning Scheme (1231, 1233-1237 and part of 1239 (north of Karen Street and east of Nepean Highway) Nepean Highway and 60-64 Matthieson Street, Highett)

Approved by: Jonathan Guttmann, A/General Manager Environmental

Sustainability Author: Eva Klaic, Strategic Planner 1. Purpose The purpose of this report is to provide Council with the findings of the Independent Panel that considered Planning Scheme Amendment C99 to the Kingston Planning. The report recommends that Council adopt the Planning Scheme Amendment, with changes to the proposed schedule 21 to the Design Development Overlay and the Schedule to the Mixed Use Zone. 2. Background At its Ordinary meeting on 29 June 2009, Council resolved to seek authorisation from the Minister for Planning to prepare an amendment to: § Rezone all land affected by the amendment land to a Mixed Use Zone § Amend the map to Local Planning Policy Clause 21.06 to include land at 60-64 Matthieson

Street and 1231 Nepean Highway Highett with in the ‘Mixed use – Periphery Sales Precinct’. § Amend the map to Local Planning Policy Clause 22.01-3 to include land at 60-64 Matthieson

Street and 1231 Nepean Highway Highett with in the ‘Mixed use (Commercial Support Precinct)’.

§ Amend the map to the Local Planning Policy Clause 22.17 to remove land at 1231 Nepean Highway from Precinct 2 ‘Preferred Medium Density Residential Development’

§ Amend the map to Design and Development Overlay (Schedule 21) (Clause 43.02) to remove land at 1231 Nepean Highway from ‘Precinct H5’

§ Introduce a Schedule 21 to the Design Development Overlay applying to all land included in the amendment

• Amend Planning Scheme Map 1 Design and Development Overlay (Schedule 12) to remove land at 1231 Nepean Highway

Authorisation to prepare the amendment was granted from the Minister for Planning on 7 October 2009. Amendment C99 was placed on public exhibition for a period of one (1) month between 12 November 2009 and 14 December 2009. Notice was given as follows: § Notice of the amendment was published in the Victorian Government Gazette on 12

November 2009. § Notice of the amendment was published in the Moorabbin Kingston Leader on 17 November

2009. § Signs giving notice of the amendment were erected on the site.

Page 106: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

106

§ Direct notification was sent via ordinary mail to all surrounding landowners and occupiers potentially affected by the amendment on 12 November 2009.

§ Amendment documentation was made available on Kingston’s Strategic Planning website, at Cheltenham Planning and Building Counter and on the Department of Planning and Community Development website from the 12 November 2008.

§ Direct notification was also forwarded to the following referral agencies, Ministers and adjoining municipalities: § Melbourne Water § United Energy § Telstra § South East Water § Environment Protection

Authority § Vic Roads

§ Department of Sustainability and Environment, Port Phillip Region

§ Bayside City Council

§ Minister for Agriculture § Minister for Energy and Resources § Minister for Water, Environment &

Climate Change As a consequence of the exhibition of the Amendment 7 submissions were received. Subsequent to the receipt of the submissions a report was prepared for the February Ordinary Council Meeting whereby Council resolved to: 1. That Council formally request the Minister for Planning to appoint a Panel under Part 8 of the

Planning and Environment Act 1987 to further consider and report on Amendment C99. 2. That all submitters to Amendment C99 be advised in writing of the above resolution. The Minister for Planning subsequently appointed a Panel to consider Amendment C99. A Directions Hearing was held on 12 April 2010 and a Panel hearing was held on 17 May 2010. A copy of the report of the Panel has been previously circulated to Councilors and all submitters were notified on 4th of March of the existence of the Panel Report.

3. Issues 3.1 Panel Recommendations on Amendment C99 Having considered the amendment, all the submissions referred to it and all the material presented at the hearing, the Panel made the following recommendations:

The Schedule to the Design and Development Overlay be redrafted to: 1. remove external references to the MGS report, while retaining it as a reference document;

a. remove the diagram; b. amend the Design objectives to remove reference to the MGS report; c. include in the Design objectives reference to potential for staged development. d. include specific building height and setback requirements:

Building Height i. Buildings and works should not exceed 8 storeys.

Page 107: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

107

ii. Buildings and works should step down to the Matthieson Street frontage and residential abuttals.

Setbacks iii. Buildings and works should be setback: iv. 5 metres from the Nepean Highway v. 5 metres from Matthieson Street vi. Setbacks to Karen Street and the Nepean Highway corner should respond to the

gateway location of the site. e. Amend the Decision Guidelines to remove reference to the MGS Report.

2. include an additional dot point under Building Design: Development ensures that blank walls within a staged development are provided with design treatment to ensure good interim visual amenity.

3. amend the last dot point under Urban/ landscape design:

A space or other feature to the south east corner of the precinct. 4. separate Traffic report requirements from design requirements in Pedestrian Linkages,

Vehicle Access and Car Parking; 5. include the Sustainable Design Management Plan and the traffic report under “Information to

Accompany an Application”; 6. include in the requirements for a traffic report:

An assessment of the impact of the proposed development on Nepean Highway, Bay Road and Karen Street intersection”.

3.2 Panel Recommendations Discussed A key recommendation of the panel was that the proposed schedule 21 to the Design Development Overlay be redrafted so that future users of the provisions do not have to refer to the reference document MGS Urban Design Report (June 2009). Councillors will recall that MGS were commissioned by Council to provide advice on the appropriate urban design principles for the area affected by the proposed Amendment. The Panel Report states that urban design objectives and requirements including height and setback, building design, landscape and urban design should be specified within the proposed schedule 21 to the Design and Development Overlay. In translating these design objective and requirements it is proposed that some of the panel’s recommendations be reworded, these matters are discussed below.

1. Remove external references to the MGS report, while retaining it as a reference document; o remove the diagram; o amend the Design objectives to remove reference to the MGS report; o include in the Design objectives reference to potential for staged development. o include specific building height and setback requirements:

Building Height § Buildings and works should not exceed 8 storeys. § Buildings and works should step down to the Matthieson Street frontage and

residential abuttals.

Page 108: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

108

Setbacks § Buildings and works should be setback: § 5 metres from the Nepean Highway § 5 metres from Matthieson Street § Setbacks to Karen Street and the Nepean Highway corner should respond to

the gateway location of the site. o Amend the Decision Guidelines to remove reference to the MGS Report.

Support Recommendation - with amended wording to building height Proposed rewording is as follows:

§ Buildings and works should not exceed 8 storeys

§ Buildings and works should not exceed 4 storeys to Matthieson Street frontage and boundary with adjoining properties 1227-1229 Nepean Highway and 58 Matthieson Street.

The panel’s wording describes the stepping down of building height which responds to the design objective included in the proposed schedule 21 of the Design and Development Overlay:

“To address the neighboring residential areas through appropriate transition across the sites and building design which does not adversely affect the amenity of these areas.”

However it does not provide certainty as to the appropriate height to achieve this objective. The proposed rewording seeks to place a maximum height limit of four storeys to parts of the subject site viewed as having sensitive interfaces (Matthieson Street frontage and boundary with adjoining properties 1227-1229 Nepean Highway and 58 Matthieson Street). It is considered that specifying a maximum height of four storeys to these interfaces is appropriate given future redevelopment on properties adjacent to these interfaces has an anticipated maximum height of not more than three storeys based on the existing allotment pattern and neighborhood characteristics. It is also considered that the proposed rewording provides a direct translation of the design principles for building height given in the MSG Urban Design Report (June 2009) being the document which formed the basis for the proposed schedule to Design and Development Overlay. 2. Include an additional dot point under Building Design:

Development ensures that blank walls within a staged development are provided with design treatment to ensure good interim visual amenity.

Support Recommendation – with change in wording Proposed rewording as follows:

Ensure that party walls within a staged development are provided with design treatment to ensure good interim visual amenity.

Page 109: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

109

The proposed rewording addresses specific issues arising from a potential future staged redevelopment of the subject site. In a staged redevelopment scenario various parcels of land with in the subject site could be redeveloped incrementally. The proposed rewording ensures that where redevelopment occurs in a staggered fashion, poor amenity outcomes are avoided by ensuring that walls on property boundaries (party walls) are adequately articulated. The wording proposed by the panel does not address this issue specifically. 3. Amend the last dot point under Urban/ landscape design:

A space or other feature to the south east corner of the precinct. Support Recommendation – with change in wording Proposed rewording as follows:

Provide a public open space or other feature to the south east corner of the precinct, to strengthen the pedestrian connection to the core of the Southland Activity Centre.

It is felt the proposed rewording better translates the intention of this design principle from the MGS Urban Design Report. The Urban Design Report sought the provision of open space in this location following a site context assessment and development of a precinct plan for the site. The precinct plan open space has been specified in this location for a number of reasons including: § The intersection of Karen and Matthieson Street has been identified as forming part of an

important pedestrian link to the shopping complex and regional bus interchange. Open space in this location presents an important opportunity to provide transition between the active frontages sought along Karen Street and Nepean Highway and the residential interface sought along Matthieson Street.

§ Given Improved pedestrian connection across Karen Street is a requirement of the proposed

schedule 21 to the Design and Development Overlay adequate pedestrian waiting space should be provided to allow for groups of pedestrians to gather at the intersection whilst waiting for a future signal or opportunity to cross.

§ Preliminary traffic analysis by Council’s internal traffic department has determined that open space in this location would provide for good sightlines for traffic moving in both directions along Karen Street and exiting at Matthieson Street.

There is concern that the description of other feature as given in the wording provided by the Panel could result in a design response which does did not produce an appropriate pedestrian environment. Given this corner of the site represents a key pedestrian linkage to the core activity centre functions it is felt that an emphasis needs to be placed on the improved pedestrian outcome sought from this feature. 4. Separate Traffic report requirements from design requirements in Pedestrian Linkages,

Vehicle Access and Car Parking; Support Recommendation A new section in the schedule 21 to the Design and Development Overlay has been created called “Information to Accompany an Application”. In this section a requirement for a Traffic Impact

Page 110: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

110

Assessment Report has been placed along with the requirement for an Urban Design Report and an Environmental Design Management Plan (EMP). 5. Include the Sustainable Design Management Plan and the traffic report under

“Information to Accompany an Application” Support Recommendation As described above these formatting changes have been made and the Sustainable Design Management Plan has been included in a new section ‘Information to Accompany an Application’ in the proposed schedule 21 to the Design and Development Overlay. 6. Include in the requirements for a traffic report:

“An assessment of the impact of the proposed development on Nepean Highway, Bay Road and Karen Street intersection”.

Support Recommendation – with change in wording This Panel recommendation responds to a comment from the VicRoads submission to the amendment. The submission noted that there had been no specific mention of a requirement for a Traffic Impact Assessment Report (TIAR) to the Nepean Highway, Bay Road and Karen Street intersection or associated mitigation works in the proposed schedule 21 to the Design and Development Overlay. In their submission Vicroads suggested that the following be included in the proposed schedule 21 to the Design and Development Overlay as a requirement of any future traffic report:

“A traffic assessment report assessing the impact of the proposed development on Nepean Highway, Bay Road and Karen Street intersection and mitigation works required to restore traffic safety and operational efficiency to levels that would have existed without the proposed land use/development.”

Council’s internal traffic department reviewed the VicRoads submission. Council’s internal traffic department felt that owing to existing congestion issues at this intersection more appropriate wording to address the concerns raised by VicRoads would be:

“Providing for any necessary traffic works to ensure that the development does not compromise the functionality, nor exacerbate any existing congestion problems already occurring at the intersection of Nepean Highway, Karen Street and Bay Road and local streets.”

It is proposed that the new wording put forward by Council’s internal traffic department is included in the proposed schedule 21 to the Design and Development Overlay rather than the wording suggested by the panel. The wording put forward by Council’s internal traffic department recognises the potential need for traffic works as a result of development on the subject site. It provides a requirement for the applicant to undertake any works that are necessary to maintain the functionality if the intersection following development of the subject site.

Page 111: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

111

3.3 Further Changes to the Amendment It is also proposed that an additional change to the Amendment, applying a limit to the total retail floor space across the subject site to 500sqm in the schedule to the zone, be submitted to the Minister. A retail floor space limit was previously including in the amendment. The limit was removed prior to exhibition and was raised again at the panel hearing. Both proponent and Council consider it necessary to apply an upper limit to the retail floor area on this site in order to ensure that the retail opportunities afforded by the proposed rezoning do not undermine the functions of the Southland Shopping Centre and or provide for expansion of substantive retail functions onto this site. Substantial retail development on the site also has the potential to provide outcomes on this site which are not consistent with design objectives established during urban design analysis undertaken for the amendment.

4. Department of Planning and Community Development Support The subject site is located adjacent to the Southland Principal Activity Centre. The site is considered to be a key development opportunity site within the Southland activity centre boundary. As Council has not embarked upon the development of a structure plan for this Principal Activity Centre, it was considered appropriate that written advice be sought from the Department of Planning and Community Development in the context of predetermining structure planning outcomes on this key site. Positive advice in support of Amendment C99 and its strategic intent was received from the Department of Planning and Community Development, provided as an attachment to this report. It is considered reasonable that this amendment be adopted and sent to the Minister for Planning for approval given relevant considerations with respect to future planning for the Southland Principal Activity Centre have been reviewed and supported.

5. Options Section 27 of the Planning and Environment Act 1987 directs that the planning authority must consider the Panel’s report before deciding whether or not to adopt the amendment. Having considered the report Council may:

• Abandon the Amendment pursuant to Section 28 of the Planning and Environment Act 1987.

• Adopt the Amendment without changes pursuant to Section 29 (1) of the Planning and Environment Act 1987.

• Adopt the Amendment with changes pursuant to Section 29 (1) of the Planning and Environment Act 1987.

A favorable Panel report has been received in relation to Amendment C99. The Panel supported the strategic justification for the amendment. It is therefore considered appropriate that Council adopt the Planning Scheme Amendment with changes as outlined in section 3.2 and 3.3 of the report to the proposed schedule 21 to the Design and Development Overlay, and the schedule to the Mixed Use Zone.

6. Summary and Conclusion Amendment C99 seeks to facilitate the redevelopment of under utilised land within the Southland Principal Activity Centre in accordance with State and Local Government planning policy. The amendment seeks to introduce a Design Development Overlay (DDO21) to guide future

Page 112: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

112

development on the site. Amendment C99 has now been considered by a Planning Panel who has recommended the adoption of Amendment C99 subject to changes to proposed to schedule 12 to the Design and Development Overlay. Officers are supportive of all changes recommended by the panel provided wording changes discussed in this report are applied. Officers also support an additional change to the Amendment to provide a cap to the total Retail Floor Space of 500sqm accross the subject site within the schedule to the Mixed Use Zone. Furthermore the recent support provided by the Department of Planning and Community Development further strengthens and justifies the Amendment.

7. Recommendation 1. That Council, as Planning Authority, resolve to adopt Planning Scheme Amendment C99 to

the Kingston Planning Scheme, and submit it to the Minister for Planning for approval, subject to the following changes: a. amending the schedule to the Mixed Use Zone to apply a maximum of 500m2 retail

floor space across the site; b. amending the proposed schedule to the Design and Development Overlay (DDO21) as

follows: i. remove external references to the MGS report, while retaining it as a reference

document; ii. remove the diagram; iii. amend the Design objectives to remove reference to the MGS report; iv. include in the Design objectives reference to potential for staged development. v. include specific building height and setback requirements:

Building Height

§ Buildings and works should not exceed 8 storeys. § Buildings and works should not exceed 4 storeys to Matthieson Street frontage

and boundary with adjoining properties 1227-1229 Nepean Highway and 58 Matthieson Street.

Setbacks § Buildings and works should be setback: § 5 metres from the Nepean Highway § 5 metres from Matthieson Street § Setbacks to Karen Street and the Nepean Highway corner should respond to

the gateway location of the site. vi. Amend the Decision Guidelines to remove reference to the MGS Report. Include an additional dot point under Building Design:

Ensure that party walls within a staged development are provided with design treatment to ensure good interim visual amenity.

vii. amend the last dot point under Urban/ landscape design:

Provide a public open space or other feature to the south east corner of the precinct, to strengthen the pedestrian connection to the core of the Southland Activity Centre.

Page 113: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

113

viii. separate Traffic report requirements from design requirements in Pedestrian Linkages, Vehicle Access and Car Parking;

ix. include the Sustainable Design Management Plan and the traffic report under “Information to Accompany an Application”;

x. include in the requirements for a traffic report: Providing for any necessary traffic works to ensure that the development does not

compromise the functionality, nor exacerbate any existing congestion problems already occurring at the intersection of Nepean Highway, Karen Street and Bay Road and local streets.

2. That all submitter’s be notified of the above resolution. Attachments: Revised Schedule 21 to the Design and Development Overlay Amended Schedule to the Mixed Use Zone Letter in support from Department of Planning and Community Development

Page 114: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

114

M 182 Contract No 10/70 – Preparation of Green Wedge Plan Approved by: John Nevins, Chief Executive Officer Author: Jonathan Guttmann, Acting General Manager Environmental

Sustainability

1. Purpose To seek Council approval for the appointment of a consultant to undertake a Green Wedge Management Plan for the City of Kingston and associated recommendations relevant to the commencement of such a Plan.

2. Background Two earlier reports considered by Council are relevant to this matter: Ordinary Council Meeting 23 November 2009 At this meeting, following the introduction of a Notice of Motion by Cr West, the following motion was carried: 1. That Council confirm that we have requested Mr Trevor Budge to:

• undertake a review of the NNUAFP and of associated documents including the

Sandbelt Open Space Project, Green Wedge Land Capability Study and Review of Water provision; and

• conduct a green wedge planning workshop for Councillors in February 2010 or earlier.

2. That Council:

• engage an independent expert planner to share the planning work associated with Mr Budge’s review;

• request State Government to accept the nomination of an expert planner to represent Council on the State Government’s Green Wedge Task Force; and

• request State Government to accept the nomination of two Councillors to the Task Force to provide further representation.

Relevant to this earlier report was the subsequent engagement of Mr Trevor Budge and Mr Peter Soding in their capacity as planning professionals to assist Council. Ordinary Council Meeting 27 April 2010 This report provided an update to Council on a number of green wedge related items and sought direction from Council regarding a key outcome to come from its green wedge planning workshop which was to develop a Green Wedge Plan. Having considered the report, Council resolved as follows:

Page 115: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

115

1. That Council adopt the attached Memorandum of Understanding; 2. That Council adopt the attached Project Brief which will guide the development of a

Green Wedge Plan; 3. That Council invite submissions from the panel of consultants appointed to assist

Council in developing Strategic Planning Studies, to respond specifically to a project brief to prepare a Kingston Green Wedge Plan;

4. That a report be presented to the 28th June 2010 Ordinary Council Meeting with a recommendation in relation to the appointment of a consultant to undertake a Green Wedge Plan;

5. That Council nominate Councillors Athanasopoulos, Brownlees and West in addition to the Mayor to be included on the Steering Committee for the Green Wedge Plan; and

6. That Councillors representing Kingston on the State Government Green Wedge Task Force if necessary continue to negotiate a Memorandum of Understanding (MoU) in accordance with the Draft MoU attached to this report and that the final MoU be presented at a future Ordinary Council Meeting for adoption.

Of particular relevance to this report is the adoption by Council of a Project Brief to develop a Green Wedge Plan and that a report be brought back to Council with a recommendation in relation to the appointment of a consultant to undertake a Green Wedge Plan. It is recognised that it was previously intended to report back to Council in relation to the appointment of a suitable consultant at Ordinary Council Meeting on the 28 June 2010, however the evaluation process has taken longer than originally anticipated. Submissions Process Subsequent to the above resolutions the following has occurred: 1. A letter was sent on the 3 May 2010, inviting submissions to those consultancies

included on the Council Panel to assist with Strategic Planning Studies. 2. A meeting was conducted on the 11 May 2010, for the companies invited to an

information session regarding the project. 3. Submissions were sought by the 28 May 2010. 4. A total of four submissions were received and an evaluation process conducted by

Mr Budge and Mr Soding with the assistance of the General Manager Environmental Sustainability, Mr. Rijs has occurred.

Budget Provision Given the significant nature of what was sought from the project brief, including the engagement of a multidisciplinary suite of consultants and a significant consultation program, Mr Budge and Mr Soding had previously indicated that it would be most difficult to accurately establish a project budget, prior to evaluating the suitability of methodologies of each submission. As such, this report provides a recommendation that any variation to the existing indicative budget allocation of $200,000 be presented to the November budget review for further consideration by Council.

Page 116: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

116

Upon agreement by Council to engage a consultant, Council Officers also intend to formally approach the State Government Department of Planning and Community Development to seek any available funding assistance in relation to this project.

3. Tender Responses A total of four (4) submissions were received and each submission has been evaluated by the consultants appointed to manage the process. A confidential report detailing the outcome of the evaluation is attached. 4. Project Steering Committee The adopted project brief indicates that a steering committee will be appointed to oversee the project. The steering committee as nominated in the project brief included:

• Mayor or nominee • Three Councillors – (Councillor Brownlees, Councillor Athanasopoulos and

Councillor West) • Mr Trevor Budge and Mr Peter Soding • CEO or Nominee

A formal resolution is sought from Council to confirm the representation of the CEO or nominee and Mr Budge and Mr Soding on the steering committee. The representation of the Mayor and Councillors was previously resolved at the Ordinary Council Meeting on the 27 April 2010.

5. Recommendation That: 1. Council consider the confidential report prepared by consultants appointed to manage

the preparation of a Kingston Green Wedge Plan and determine to award the contract to Planisphere at a cost of $334,414.00.

2. The variation in the tender submission price, should it exceed the existing budget allocation of $200,000, be referred to the November budget review.

3. A letter be prepared in collaboration with the appointed consultant to be sent to all land owners and occupiers in the study area informing them of the engagement of the consultant and the project timelines.

4. The CEO or nominee and Mr Soding and Mr Budge be appointed to assist the Mayor, Councillor Staikos, Councillors Athanasopoulos, Brownlees and West on the Project Steering Committee for the development of a Green Wedge Plan.

5. Any costs associated with the continual engagement of Mr Budge and Mr Soding for the purposes of assisting Council as part of the Steering Committee to develop a Green Wedge Plan, or in other matters relating to work Council wishes to undertake in the Green Wedge, be presented to Council for further consideration at its November Budget review.

Page 117: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

117

M 183 Amendment C113 – Planning Scheme Corrections Approved By: Jonathan Guttmann –Acting General Manager Environmental

Sustainability Author: Bridget Mullumby- Strategic Planning Officer

1. Purpose This report discusses Amendment C113 to the Kingston Planning Scheme which includes: 1. Proposed correction of zoning anomalies at land owned by Council located in Stanley

Avenue, adjacent to the Cheltenham Library. 2. Correct mapping errors within the schedule the Heritage Overlay (HO) relevant to places

HO75, HO18 and HO9. 3. Removal of Environmental Audit Overlay at No. 193 Como Parade East, Parkdale. 4. Correcting Policy Mapping errors at Clause 22.14. The purpose of this report is to provide an overview of the different components of the proposed amendment. The report recommends that a request be made to the Minister for Planning to:

§ authorise the preparation of the Amendment under Section 9(2) of the Planning and Environment Act 1987; and

§ exempt planning scheme Amendment C113 from the notice provisions of Section 20(4) of the Planning and Environment Act 1987.

The report recommends that a request be made to the Minister for Planning to fast track an amendment to the Kingston Planning Scheme to rectify these issue.

2. Background The basis for this amendment has arisen from Council’s indicated desire to rezone land at Stanley Avenue, Cheltenham to reflect its use as a public open space. It is considered prudent to also simultaneously seek to rectify a number of other known minor errors and anomalies in the Kingston Planning Scheme (outlined below) as part of any amendment that may be initiated.

3. Issues 3.1 Stanley Avenue – Rezoning The subject site is located at 6-12 Stanley Avenue, Cheltenham. Adjacent to the site, is the Cheltenham library, community centre, and associated car parking facilities. The subject site has an area of approximately 2250m2 and has been developed into a children’s playground. The land is included within a Public Use Zone 6 (PUZ6) under the Kingston Planning Scheme which provides for the land to be used for municipal purposes. The land represents a significant strategic holding in the Cheltenham Activity Centre which enables Council to assist in the service needs for future generations. It is proposed to rezone the land to the Public Park and Recreation Zone (PPRZ). The proposal would bring the zoning of the land into line with its existing passive open space function. Further to this, it is understood that the proposal would reflect the intentions of

Page 118: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

118

Council with respect to this land as outlined at Clause 21.11 – Open Space – of the Kingston Planning Scheme. With Council’s intentions to facilitate and encourage sustainable development in the best interest of the community by encouraging intensified residential development in locations close to transport, activity centres and services, there is risk of there being a deficiency of public open space located within the Kingston municipality. As such, the proposal would uphold Council’s objective to provide fair and equitable access to a range of high quality open space areas located within Kingston’s urban and non urban environments which aim to optimise community enjoyment of open space. 3.2 Heritage Overlay mapping error 74 Beach Road, Mentone It has come to Council’s attention that the heritage overlay affecting 74 Beach Road Mentone, has been mapped incorrectly. The heritage overlay is currently shown to be not contained within the property boundary and instead affects part of the adjoining property (2 Naples Road. Mentone), to the north. Accordingly it is proposed to amend the planning scheme map HO75 to correctly reflect the boundaries of the heritage overlay. Patterson River Country Club It has come to Council’s attention that the heritage overlay affecting the Patterson River Country Club (The Fairway Bonbeach) has also been mapped incorrectly. The heritage overlay is currently shown to affect the golf course clubhouse and the associated bowling green and car park located in the south. Accordingly it is proposed to amend the planning scheme map HO18 to the show the heritage overlay in the correct position, over the putting green and clubhouse in accordance with the statement of significance for the place. Carrum Primary School It has come to Council’s attention that the heritage overlay affecting Carrum Primary School (No. 2-6 Church Rd, Carrum) has been mapped incorrectly. The heritage overlay is currently shown to affect the north-west corner of the site instead of the north-east corner which contains the original administration building dating back to 1910. Accordingly, it is proposed to amend the planning scheme map ‘HO9’ to show the heritage overlay in the correct position. 3.3 Environmental Audit Overlay removal The Environmental Audit Overlay was placed on the property at No. 193 Como Parade East, Parkdale when it was rezoned for potential residential purposes through the application of the Mixed Use Zone, as part of the ‘New Format Kingston Planning Scheme’ in 1999. When the land was governed by the City of Mordialloc, the subject site was originally located in an industrial precinct, which would suggest that a history of industrial activity occurred on the site. However, through researching Council and State Government archives, it has come to Council’s attention that the Environmental Audit Overlay (EAO) affecting No. 193 Como Parade East, Parkdale (Redpath’s Beekeeping Supplies) has been mapped incorrectly as there does not appear to be a history of industrial activity occurring on the subject site. The owners of the property are seeking to have the Environmental Audit Overlay removed from the land. Accordingly it is proposed to remove the Environmental Audit Overlay at No.193 Como Parade East, Parkdale. 3.4 Mordialloc Activity Centre – Mapping Errors Amendment C52 to the Kingston Planning Scheme proposed to permanently implement interim structure planning controls for the Mordialloc Activity Centre, which was previously approved by the Minister for Planning in April 2005. The amendment introduced a new local Planning Policy;

Page 119: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

119

Clause 22.14 ‘Mordialloc Activity Centre Policy’, which was based on the Mordialloc Pride of the Bay: A Structure Plan for the Future of Mordialloc, 2004. The new Local Policy set out a series of objectives and policies to provide clear direction for the exercise of discretion when considering use and development proposals within the activity centre. Clause 22.14 Local Policy and an associated map were approved as part of amendment C52 for clause 22.14, however the map was later accidentally replaced by an old version when Amendment C75 came into effect and updated a reference document to the policy. Accordingly it is proposed to amend the planning scheme map for clause 22.14 to correctly reflect all aspects of the Mordialloc Structure Plan within Clause 22.14, as originally intended through Amendment C52.

4. Consultation Consultation has been undertaken with respect to the proposed amendment as follows:-

a) Stanley Avenue – Rezoning The City of Kingston has through its structure planning work for Cheltenham widely consulted with the community about the future land use options for the subject land. The adopted Structure Plan now reflects this land as a parkland area.

b) HO Mapping Errors

Council officers have been approached by relevant land owners of the properties at 74 Beach Road, Mentone, the Patterson River Country Club, Carrum Primary School and St. Josephs Catholic Church in Chelsea with respect to the Heritage Overlay and associated mapping errors. Discussions have confirmed intentions to correct the errors in forthcoming amendments to the Planning Scheme.

c) Overlay Removals Council officers have also been approached by relevant land owners of the properties at 198 Old Dandenong Road, Heatherton and 193 Como Parade East, Parkdale with respect to the overlays (Heritage Overlay and Environmental Audit Overlay respectively),and associated mapping errors. Discussions have confirmed intentions to correct the errors in forthcoming amendments to the Planning Scheme. d) Mordialloc Activity Centre – Mapping Errors Amendment C52 was placed on public exhibition for a period of six (6) weeks between 16 March 2006 – 28 April 2006. During the exhibition of the amendment a total of nineteen (19) submissions were received. Five (5) of the submissions received were from referral authorities, which raised no objection to the amendment. Of the remaining fourteen (14) submissions, most were related to specific components of the amendment. It is noted that none of the submissions raised concern with the overall strategic direction of the amendment

5. Fast Track Amendment The protocol for fast tracking an amendment has been released by the Minister for Planning and has been developed as part of the ‘cutting red tape in planning’ initiative in order to speed up the processing of amendments which remove redundant provisions or perform corrections. The matter addressed by Amendment C113 is considered to fall within the scope of the aforementioned categories.

Page 120: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

120

6. Policy Consideration 6.1 State Planning Policy Framework The proposed amendments are considered to be consistent with the State Planning Policy Framework. In particular, this proposal gives effect to the following directions and polices: § Clause 12.05 ‘A great place to be’ by improving the distribution of open space. § Clause 15.10 ‘Open Space’ by providing adequate open space for surrounding residential

areas.

The amendment will give effect to the implementation of Policies 5.1 and 5.2, as the correction of the zoning anomalies will ensure that future development will promote good urban design through open space linkages and best practice environmental performance whilst also keeping neighbourhood character in the context of the development. The amendment is considered to be in accordance with Melbourne 2030. 6.2 Local Planning Policy Framework The proposed amendments are considered to be consistent with the Local Planning Policy Framework. In particular, this amendment gives effect to Clause 21.11 by rezoning open space areas to appropriately reflect the land’s intended and existing use. 7. Summary and Conclusion It is considered that the above-mentioned issues are minor in nature and as such are in accordance with the strategic intentions and purpose of the fast track amendment process. It is considered that the amendments would not cause any detrimental effect. Further to this, the proposed changes seek to rectify errors to ensure the protection of Kingston’s heritage and to remove a redundant overlay provision. Given the substantial consultation undertaken and purpose of the amendment, it is therefore sought to exempt the amendment from the notice provisions of Section 20 (4) of the Planning and Environment Act 1987. This report also proposes to seek authorisation for Council to approve the amendment after it is certified by the Secretary of the Department of Planning and Community Development, as the amendment does not have any State or Regional significance and does not raise major issues of public interest.

8. Recommendation That a request be made to the Minister for Planning to: 1. Authorise the preparation of the amendment under Section 9 (2) of the Planning and

Environment Act 1987 to: a) Rezone land at Stanley Avenue, Cheltenham from a Public Use Zone 6 (PUZ6) to a

Public Park and Recreational Zone (PPRZ). b) Correct the mapping errors in relation to the Heritage Overlays that affect properties at

74 Beach Road Mentone, the Patterson River Country Club, at 2 – 6 Church Road, Carrum and 362 Station Street, Chelsea.

c) Remove the Environmental Audit Overlay that exists at No. 193 Como Parade East, Parkdale.

d) Correct a policy mapping error for the Mordialloc Activity Centre – Clause 22.14.

Page 121: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

121

2. That a request be made to the Minister for Planning to exempt Planning Scheme Amendment C113 from the notice provisions of Section 20 (4) of the Planning and Environment Act 1987.

3. That, subject to Authorisation being granted in accordance with Recommendation 1 of this report, Council also seeks the consent of the Minister under section 11 of the Planning and Environment Act 1987 to approve the Amendment once it is certified by the Secretary of the Department of Planning and Community Development, under Section 35A of the Planning and Environment Act 1987.

Attachments: • Map of Stanley Avenue showing subject site to be rezoned. • Map of 74 Beach Road, Mentone with current HO and new HO boundaries. • Map of Patterson River Country Club with current HO and new HO boundaries. • Map of Carrum Primary School

Page 122: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

122

Attachment 1

Map of Stanley Avenue showing subject site to be rezoned. Attachment

Map of 74 Beach Road, Mentone with current HO boundaries which need to be realigned with the property boundary.

Page 123: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

123

Attachment 3

Map of Patterson River Country Club with current HO and new HO boundaries. Yellow – Existing heritage overlay map Red – Proposed heritage overlay mapping location (covering the heritage listed building and putting green)

Page 124: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

124

Attachment 4

2-6 Church Road, Carrum (part) - Carrum Primary School Green – Existing heritage overlay map Brown – Proposed heritage overlay mapping location (covering the heritage listed building).

Page 125: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

125

M 184 Namatjira Park Wetlands & Stormwater Harvesting – Update and Confirmation of Funding Agreement

Approved by: Jonathan Guttmann, A/General Manager Environmental

Sustainability Author: Steve Perumal, Co-ordinator Park Projects & Design 1. Purpose The purpose of this report is to update Council on the progress of the Namatjira Wetlands and Stormwater Harvesting project and to confirm Council’s funding commitment as set-out in a Memorandum of Understanding (MOU) between Council and Melbourne Water. 2. Background Melbourne Water originally approached Council in May, 2008 to propose the construction of a wetlands system at Namatjira Park and the Clayton South Flood Retarding Basin. Council owns Namatjira Park and Melbourne Water owns the flood retarding basin. The main objectives of the Melbourne Water proposal included the improvement of storm water quality, improved flood mitigation, including the easing of land subject to inundation overlays that affect surrounding residential areas, and the integration of the flood retarding basin and open space at Namatjira Park. The overall proposal presented an exciting opportunity for improved recreational and environmental opportunities by creating a regional open space facility at Namatjira Park by integrating the two sites and creating significant indigenous wetlands, extensive walking trails and a bridge with extensive tree planting. At the time, Council identified an opportunity to create a storm water harvesting facility at the new wetlands to provide irrigation water for Namatjira oval and a water collecting point for tree irrigation in the northern end of the municipality. Engineering designs were commissioned and it was established that this was feasible. Council approved the project in June, 2008 and an extensive public consultation process was undertaken by Melbourne Water in conjunction with Council culminating in a series of public meetings in October 2008 with an indicated project commencement date of February 2009. The project did not proceed as planned. Based on discussions with Melbourne Water in May 2009, it was indicated that post-tender construction costs were double those which were expected by Melbourne Water. The project was placed on hold until 2013. In May, 2009, Council Officers became aware of a Commonwealth Government Scheme called ‘Water for the Future’ which offered matching funding for storm water harvesting schemes. Council approved a joint application between Council and Melbourne Water that was codified in a Memorandum of Understanding (MOU) in June 2009. The MOU outlined funding arrangements that were used as the basis of the application indicating that Melbourne water would fund $2.3 million, Council would fund $200,000 and the Commonwealth Government would match this funding thereby covering the cost of the overall project.

Page 126: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

126

Council’s joint application was successful and was awarded in November 2009. It was one of only 13 organisations across the country to receive funding from the Scheme. It was agreed that Council’s contribution of $200,000 would be funded from the Open Space Reserve fund due to the regional significance of this project. The detailed design and tender process has now concluded and construction is scheduled to commence in November 2010. 3. Summary and Conclusion Based on detailed design work, including the storm water harvesting component, and the conclusion of the Tender process, a final cost has been determined. Council’s obligation, as part of the funding arrangement documented in the MOU, has been reduced to $100,000. It is recommended that these funds should be drawn from the Open Space Reserve fund due to the significant regional nature of this project. 4. Consultation A joint public consultation process is currently being formulated between the Manager Communications and Melbourne Water’s Communications Department as specified in the MOU. Councillors will be provided with a Communications Plan in early October. It is anticipated that the public consultation process will include a series of public information sessions, public notice boards and letters to surrounding residents. 5. Issues Given the original, extensive consultation process that was undertaken in 2009, there are no anticipated issues. 6. Triple Bottom Line Checklist • Social – The creation of a wetlands, including the integration of the flood retarding basin

with Namatjira Park and the creation of walking trails, bridges and indigenous plantings will create a regionally significant open space facility for the community with educational opportunities for local schools. The use of water from the storm water harvesting facility will improve the condition and capacity of Namatjira oval.

• Financial – The storm water harvesting component of the project will see a reduction in

water costs to Council by eliminating potable water costs. • Environmental – The creation of an indigenous wetlands system will provide significant

habitat to bird and riparian species and will reduce Council’s demand on the potable water system. The wetlands will also improve storm water quality for our creeks and the Bay.

Page 127: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

127

7. Recommendation To confirm Council’s commitment to fund $100,000 from Council’s Open Space Reserve Fund to construct a storm water harvesting facility and regional wetlands at Namatjira Park. Attachments: Memorandum of Understanding (MOU) Landscape Concept Plan

Page 128: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

128

M 185 20 Levanto Street, Mentone Approved by: John Nevins, Chief Executive Officer Author: Jonathan Guttmann, Acting General Manager Environmental

Sustainability

1. Purpose This report provides an update to Council on outstanding matters with respect to the final required payment between the subject land developer (Chicquita Pty Ltd) and Council as outlined in a Section 173 Agreement between the parties dated 28th November, 2008.

2. Background Special Council Meeting 6th October, 2008 Item K156 was considered by Council at this meeting and Council resolved to put the following resolution to the developer Chicquita Pty Ltd as follows: That Council enter into an agreement with the developer at 20 Levanto Street, Mentone, to facilitate an enhanced construction timetable, and that the developer be advised that Council is prepared to enter into an agreement that will allow occupation of greater than 44.9% of the site for construction purposes providing the agreement is based on the following provisions: • That consideration for the land to be transferred at settlement be $1,000 with the balance of $699,000 being payable on the satisfactory completion of approved landscape works and the handover of all land in council ownership. • The land coloured red on PS 606328M (attached) is to be handed over to council at settlement. • That portion of the land coloured yellow on PS 606328M in the vicinity of the entrance road, and currently fenced to protect significant vegetation, be handed over to Council at settlement. • That the portion of land coloured ochre on PS 606328M, and currently fenced to protect significant vegetation, be handed over to Council at settlement. • That if the Council land is not landscaped in accordance with approved landscape plans and handed over to council by the 30 June 2009, the balance owing will be reduced from $699,000 to $574000. • That within 14 days of the execution of this agreement the developer at his own cost will:

(1) Replace the Eucalypt tree removed without approval in the Eastern boundary, south of Barwon Street. (2) Replace soil around the roots of tree No. 34. (3) This, and other trees whose root systems have been damaged due to trenching, should be watered in accordance with the arborist’s recommendations. (4) Replace the fence around the Manna gum located in E11 and remove the rubbish skip.

Page 129: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

129

• That the developer undertakes a regular watering program to ensure the survival of all vegetation to be retained on the site. • That the landscape bond be increased to $135,000 and that, in the event the developer causes further damage to sections of the site to be transferred to council and does not rectify the damage to Council’s satisfaction, Council will utilise the bond to carry out the necessary rectification works. • If Council initiates enforcement proceedings associated with a breach of this agreement or planning permit provisions and the proceedings are successful, Council to deduct its cost from the developers bond. • Complete all works to the Scout Hall within 60 days of the approval of the plan of subdivision. • That within 14 days of settlement the developer to provide a revised construction management plan incorporating recommendation of a new arborist’s report. Special Council Meeting 20th October, 2008 Following the above mentioned report a subsequent report was presented to Council to provide an update on the negotiations with the developer of 20 Levanto Street, Mentone. At this meeting Council resolved as follows: That Council continue to negotiate a revised position with the developer of the Chicquita site and report back to the October Council meeting. Ordinary Council Meeting 27th October, 2008 A report was presented to the Ordinary Council Meeting on the 27th October, 2008. At this meeting Council resolved as follows: That Council enter into an agreement with the developer of 20 Levanto Street, Mentone with the objective of facilitating the early completion of the project on the basis that: 1. Payment for land to be purchased by Council be deferred and the following payment schedule be adopted.

• $200,000 upon completion of Scout Hall works as set out in previous agreements. • $500,000 on 30 June 2009 at which time all open space areas will be handed over to

Council. 2. On 30 June 2009 the developer will provide Council with a bond to secure the completion of any outstanding landscaping works. 3. All outstanding landscaping works be completed within 90 days of the final handover of open space. Section 173 Agreement Subsequent to the consideration by Council of the above reports the attached Section 173 Agreement (refer Attachment 1) was executed between the parties on the 28th November, 2008.

Page 130: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

130

The executed agreement required that Council make two contributions towards the cost of the Open Space and Scout Hall Land as defined by the terms of the Agreement. The first contribution of $500,000 was paid to Chicquita Pty Ltd in December, 2009. Subsequent to the above Section 173 agreement being executed it was agreed in December 2009 between that parties (refer Attachment 2) that the outstanding payment of $200,000 for the Scout Hall Contribution would occur when:

- Scout Hall works completed to Council’s satisfaction (refer 3.1) - Open space works completed or payments in lieu of works agreed (refer 3.2) - Offset calculations for works to be agreed by both parties (refer 3.3) - Street lighting issue resolved (refer 3.4)

3. Issues An update on those matters indicated above which relate to the agreements between the parties are outlined below. 3.1 Scout Hall works completed to Council’s satisfaction Council’s Manager of Community Buildings has recently advised that the works required to the Scout Hall have been completed to the satisfaction of Council. Chicquita Pty Ltd have provided copies of building inspection certificates of final inspection and supporting information from various trades involved in the works. 3.2 Open space works completed or payments in lieu of works agreed It has been agreed between Council Officers and Chicquita Pty Ltd that a payment be made to Council in lieu of Chicquita Pty Ltd undertaking any additional landscaping works and that such works be undertaken by Council given the sensitive environment in which the works are proposed. The agreement provides for a contribution of $34,491 (inclusive of GST) which accounts for materials and labour that Chicquita Pty Ltd would have expended on the balance of the landscaping works on the subject land. This amount has been determined following consideration by representatives of Councils Parks and Depot Operations Department. Chicquita Pty Ltd also undertook the following works requested by Council which were deemed to sit outside earlier agreements to the value of $30,910.00:

- Installation of a Disabled Ramp to the Scout Hall - Additional Restumping to the Scout Hall - Request realignment of Barwon Street by Council - Provision of Bollards

Council Officers had agreed to reimburse these costs to Chicquita Pty Ltd accordingly.

Page 131: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

131

The above mentioned payments to Council for landscaping works and to Chicquita Pty Ltd for additional works it has undertaken would be offset against the payment required from Council of $200,000.00 as outlined in the Section 173 Agreement. 3.3 Offset calculations for works to be agreed by both parties As per previous advice a draft agreement has been prepared by Maddocks Lawyers which provides for a $20,000 payment or 300 trees to be provided by Chicquita Pty Ltd to Council as an offset for the planting required as a consequence of the removal of native vegetation. The draft agreement also provides for discharging all requirements in relation to the Offset Management Plan including obligations to maintain vegetation. Subject to the payment being received existing charges alleging breaches of Condition 20 of the Planning Permit (relating to equipment and services namely hot water services erected above the ridge levels of dwellings approved under the said permit) and Condition 29 (relating to completing landscaping works in accordance with the said permit) would be withdrawn. 3.4 Street lighting issue This issue detailed below requires direction from Council on whether it wants to pursue enforcement action or not. Planning Permit KP110/2006/A contains the following conditions: 1e) the provision of details of the type of street lighting proposed throughout the development 27) Outdoor lighting must be provided, designed, baffled and located to the satisfaction of the Responsible Authority to prevent any adverse effect on neighbouring land. 28) Exterior lights must be installed in such positions to effectively illuminate all pathways, car parks and other public areas to the satisfaction of the Responsible Authority. Conditions 27 and 28 above are routinely placed on Planning Permits for such developments. With respect to Condition 1e) the ‘Civil siteworks services plan’ endorsed to Planning Permit KP110/06/A has a notation which indicates that ‘street lights are to be green Toorak Lanterns on green boulevarde poles. Alternative lights may be used subject to approval by Council’. An image of a Toorak Lantern is provided as an attachment to this report as is the actual form of street light which has been installed on the site. The direction required from Council is to determine whether or not it is satisfied with the form of light which has been erected. In examining this issue with Chicquita Pty Ltd a representative acting on its behalf has provided an email to Council dated 14th September, 2010, which is included as an attachment to this report. In relation to the street lighting the correspondence indicates: ‘In relation to the lighting, we will rely on the permit and the Section 173 Agreement. The lighting was accepted by Council at handover of the roads, Council have no right to delay payment of $200,000 owning under the 173 agreement against any claim or action relating to the permit. If we

Page 132: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

132

are in breach of the permit, Council at all times has the right to prosecute and we will defend any action Council wishes to take. The 173 Agreement is clear, upon the compliance with Clause 4.2, Council will pay without delay. Council have no right of offset, if Council is not satisfied with the lighting, it has many remedies available to it, one of these is not offsetting or delaying a legitimate payment due under the 173 Agreement and as we are agreed on all terms, then payment must be made without delay’. Having investigated the potential breach of the Planning Permit KP110/2006/A with Chicquita Pty Ltd, the following is apparent:

1. Council records do not indicate any formal agreement between the parties to depart from the Toorak Lanterns on Green Boulevard Poles as is reflected in the approved planning documentation.

2. Council’s correspondence to the developer at the time of construction and in outlining any

construction defects, did not raise the issue of lighting. Advice has been sought from the Manager Infrastructure with regards to the suitability of the lights which have been installed. The Manager Infrastructure has indicated that the lights which have been installed are standard Council streetlights and can be readily replaced at a cost which is substantially less than the Toorak Lanterns and Green Boulevarde Poles. Investigations have also indicated that should the need exist to baffle the lights this can be achieved through the introduction of an alternate shield fitting. Advice has also been sought from the Acting Manager of Statutory Planning in relation to whether an Amendment would be required to Planning Permit KP110/06/A should Council be of the view that it wished to retain the existing lighting. It has been advised that based on the wording of the Planning Permit Conditions and plans endorsed to the Planning Permit modifications would not be required to either the Planning Permit or endorsed Plans should Council in its capacity as Responsible Authority be satisfied with the lights which have been introduced. Direction is therefore sought from Council as to whether it wishes to instigate proceedings to seek to enforce the Planning Permit noting the comments of Chicquita Pty Ltd that its believes the lighting was accepted by Council at the handover of roads and it would defend any action Council wishes to take. 4. Conclusion Having considered that matters which remain outstanding in relation to the terms of the existing Section 173 Agreement direction is sought from Council in relation to the following recommendations.

5. Recommendation That Council: 1. Accept a payment from Chicquita Pty Ltd of $34,491.90 (inclusive of GST) in lieu of Chicquita

Pty Ltd undertaking the landscape works.

Page 133: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

133

2. Provide Chicquita Pty Ltd a payment of $30,910 (inclusive of GST) for additional works it has undertaken on the subject land and to the Scout Hall at the request of Council.

3. Execute an agreement to provide for a payment from Chicquita Pty Ltd of an amount of

$20,000.00. And subject to executing the agreement with Chicquita Pty Ltd, Council will withdraw the charges relating to alleged breaches of Conditions 20 and 29 of Planning Permit KP110/06/A.

4. Subject to the above matters being resolved provide payment, to Chicquita Pty Ltd of the

balance of $200,000 outstanding from Council in accordance with the Section 173 dated 28 November 2008.

5. Accept that the existing street lighting is to its satisfaction. 6. Undertake consultation with the residents living on the former Chicquita Reserve on whether

the existing street lights need to be modified where required by fitting baffles to reduce intrusive and unnecessary light spillage.

Page 134: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27/09/2010

134

M 186 Kingston /Bayside Bus Service Review Recommendations Approved by: Jonathan Guttmann, Acting General Manager

Environmental Sustainability Author: Shirlene Yee Yet

1. Purpose To provide Council with an overview of the Bayside/Kingston Bus Service Review and its implications.

2. Background The Minister for Public Transport, The Hon. Martin Pakula, MP officially released the Bayside/Kingston Bus Service Review report on 4 August 2010. A series of initiatives have been proposed for Council’s consideration. A copy of the summary report is attached for your reference as appendix A. A copy of the detailed report is available on Trim document 10/88385. Booz & Company undertook the Bayside/Kingston Bus Service Review for the Department of Transport (DOT). This review is one of seventeen being conducted across Melbourne and is a key input into metropolitan bus service improvements planned by the government and highlighted in The Victorian Transport Plan. The primary objective of the Bus Service Review was to develop a bus network that would serve community needs now and into the medium term future. More specifically, this implied achieving:

• increased patronage; • improved connectivity and accessibility; and • increased coverage of the service area.

The Bayside/Kingston review area contained 27 unique routes. The review area consisted of all land within the Cities of Bayside and Kingston. The Bayside/Kingston area comprised about 12,800 ha of land with a residential population of approximately 230,000.

3. Summary and Conclusion Local bus services are a vital link in the public transport network, providing for local travel needs and delivering connections to the emerging cross-town bus network and the rail network. The bus reviews aimed to assess the key restraints of the current network, such as route design, hours of operation, service frequency, connectivity, geographical coverage and functionality. Following this assessment, a revised network has been proposed in an attempt to better meet the community’s transport needs in an effective and efficient manner.

Page 135: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27/09/2010

135

The proposed new bus network aims to improve the quality of public transport within the study area, generating patronage growth through improved service qualities. This includes:

• Coverage across the Bayside/Kingston review area will increase from 93.2% previously, to 94.7% overall;

• More routes operating to the DOT Minimum Service Standards; and • Improved co-ordination between bus services and trains, specifically at the busiest or

most important locations. The new coverage arising from the proposed network meets the needs of the community as reflected in the workshops and submissions. The main beneficiaries of new coverage in Bayside/Kingston are in Dingley Village (Tootal Road), Chelsea Heights (Scotch Parade), Waterways Estate/Governor Road and Epsom Estate.

4. Consultation Community consultation consisted of two rounds of public workshops 6 workshops in Bayside/Kingston and gathering submissions over the course of 2009. A total of 165 members of the public attended the workshops and 86 submissions were received for Bayside/Kingston. Stakeholder and community consultation was a vital component of the review process and was necessary to gain a greater understanding of the complex issues relating to the existing bus service, such as network coverage, service frequency, overlapping routes and infrastructure. The consultation process for this review took place over six months and consisted of one-to one meetings with key stakeholders and two rounds of community consultation workshops. Individuals (including those unable to attend the workshops) were also invited to submit written submissions to the DOT for consideration. The one-to-one meetings for the Bayside/Kingston Bus Service Review was held at the Booz & Company offices from 27th April to 7th May 2009. The individual meetings with bus operators and local council facilitated discussion of issues and ideas relating to their specific routes and council areas. The meeting agenda was open ended and facilitated through real time mapping of ideas and proposals raised during these discussions. In total, 6 consultation workshops were held across two rounds for Bayside/Kingston. The sessions were advertised in local newspapers, the DOT website and in posters placed on buses. Individuals from the community, operators, council and the DOT were invited to participate. The first round of Bayside/Kingston stakeholder workshops, three in total, were attended by 105 members of the public contributing over 1,000 comments on bus services strengths, issues and improvement options. The second round of Bayside/Kingston stakeholder workshops, three in total, were attended by 60 members of the public contributing around 300 comments on positives, issues and suggestions regarding the proposed draft bus network. In total for Bayside/Kingston, 86 submissions were received during the review process and these contained a total of 335 comments and suggestions. The public submission period commenced at

Page 136: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27/09/2010

136

the beginning of the project until a week after the first round of public workshops had concluded. However some submissions were still received (and accepted) near the conclusion of the project. The issues and comments raised were consolidated into one list and formed the project recommendations. The comments covered a range of various topics as shown in Figure 1 below.

Figure 1– Bayside/Kingston Public Submissions Summary1%

Issues The submissions received provided useful insight into potential bus network improvements, and infrastructure upgrades such as priority treatments and bus stop enhancements. 5. Issues 5.1 Main Issues Identified The most commonly raised general issues were: • the span of operating hours • the geographical coverage of bus network • the frequency of bus services. Other frequently raised issues included: • direct links to train stations and activity centres • service gaps and connectivity • the directness of routes.

Page 137: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27/09/2010

137

5.2 Network Plan Recommendations The proposed bus network changes resulted from the consultation process as well as from a technical assessment of the current bus network and the opportunities for improvement. Proposed route structure changes aim to: • provide improved access to the key activity centres • provide bus routes that connect local facilities and communities • provide access to key transport interchanges • provide bus routes within 400m of most households • provide bus services to new and developing areas • provide user friendly bus routes that are direct, logical, intuitive and efficient • provide a consistent network with minimal route variations and loops. Recommendations include: • expand bus services into growth areas • streamline routes and improve overall network directness, particularly on major routes • modify most existing routes to some extent • improve service frequencies and span of hours on most routes. 5.3 Timetable recommendations The proposed timetable changes aim to simplify timetables and make them easier to understand, meet the Minimum Service Standards specified by DOT, and maximise modal coordination at public transport interchanges. Recommendations include: • improve service frequencies on most routes • improve span of hours on most routes • improve modal coordination at key interchange locations. 5.4 Traffic and infrastructure recommendations Traffic issues within the bus review area were raised throughout the consultation process, highlighting the importance of local councils and VicRoads providing suitable road infrastructure that supports bus services. Inappropriate traffic management treatments can have major impacts on the effectiveness and accessibility of public transport services provided by buses. Recommendations include: • install a dedicated bus interchange and layover facility • provide bus priority at intersections, to improve bus safety and travel times • make a number of improvements to footpaths, bus stop infrastructure and facilities.

Page 138: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27/09/2010

138

5.5 Implementation Strategy Recommendations have been categorised into short, medium and long term actions. Changes for implementation and funding in the short term are essentially those improvements to span of hours and days of operation that involve minimal or no route structural changes. Medium term changes involve improvements to span of hours, days of operation, increased frequency and/or changes to route structures. Long term improvements may include all of the above and require multidisciplinary buy-in and coordination with other stakeholders. Next steps: The implementation strategy for the recommendations will be dependant on: • the input and cooperation of key stakeholder groups • the resolution of operational issues • the resolution of any bus operator contractual issues that may arise 5.6 Implications for Kingtson The proposed improvements to the public transport network in Kingston extend coverage to approximately 97% of households across the review areas. The proposed new bus network also aims to improve the quality of public transport within the study area, generating patronage growth through improved service qualities. This includes:

• Coverage across the Bayside/Kingston review area will increase from 93.2% previously, to 94.7% overall;

• More routes operating to the DOT Minimum Service Standards; and • Improved co-ordination between bus services and trains, specifically at the busiest or most

important locations. The new coverage arising from the proposed network meets the needs of the community as reflected in the workshops and submissions. The main beneficiaries of new coverage in Bayside/Kingston are in Dingley Village (Tootal Road), Beaumaris (Tulip Road), Chelsea Heights (Scotch Parade), Waterways Estate/Governor Road and Epsom Estate. 5.7 Stage 1 Action Plan: Bus upgrades to be introduced by late-2010 The Department of Transport have advised that the following 3 routes will be introduced in Kingston in 2010 (maps showing the routes are attached as appendix B):- Route 811 (Dandenong – Brighton via Springvale and Southland); Section of route along Springvale Road between Heatherton Road and Cheltenham Road will be deleted. Service will be re-routed along Heatherton Road and the Tootal Road through to Dingley Village, then via Centre Dandenong Road and Lower Dandenong Road to Brighton. This provides local Dingley residents with public transport access to Dingley Village shopping precinct for the first time, and services the currently un-serviced Tootal Road community. Additional peak hour services will be operated to correct ‘gaps’ in the existing timetable.

Page 139: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27/09/2010

139

Route 812 (Dandenong – Brighton via Parkmore and Southland); Section of route along Lower Dandenong Road between Centre Dandenong Road and Howard Road will be deleted (replaced with modified Route 811). This service will be modified and re-directed along Centre Dandenong Road into Dingley Village shopping precinct, then via Howard Road and Lower Dandenong Road to Brighton. This provides local Dingley Village residents with public transport access to Parkmore shopping centre for the first time, and doubles the number of daily services to Southland, Brighton and Dandenong. New Route 709 (Waterways Estate - Mordialloc Station via Governor Road and Epsom Estate); This is a new route servicing the currently un-serviced residential areas in Waterways and Epsom, along Governor Road, White Street and McDonald Street. Service will operate until 9.00pm, seven days per week. The Department of Transport has commenced consulting with the affected residents. The following streets currently do not have a bus service:- Epsom Estate, Mordialloc

• Treeby Boulevard • Arwon Street • Hall Mark Road

Mordialloc

• McDonald Street • Bear Street

Braeside • Governor Road

Waterways Estate, Waterways

• Burdekin Boulevard • Waterside Drive • Island Point Avenue • Lake King Circle

Dingley Village • Tootal Road

5.8 Petition From Residents of Island Point Avenue Residents of Island Point Avenue in Waterways sent a petition to the Department of Transport objecting to the bus route in their street. A copy of the petition is attached as appendix C. Their objections as stated in their petition are reproduced below:-

Page 140: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27/09/2010

140

“1. The road on Island Pont Avenue has a medium strip and the single lane is too narrow for a big bus to pass through. Residents who park their vehicle on the road will mean the bus will narrowly make it through between the vehicle and medium strip. This becomes a safety issue. 2. There are 5 roundabouts on Island Point Avenue to prevent big vehicle using the road as thoroughfare. There is not enough room for the bus to turn and not destroying the landscape around those areas. This is evident by the constant damage trucks have caused when turning around these roundabouts”. Officer Comment:- Design checks using computer software ‘AutoTurn’ confirmed that buses will be able to travel along Island Point Avenue safely without damaging landscaping within the roundabouts. The DOT and Grenda’s Bus services have trialled a large bus through the streets of Waterways, and are satisfied that the streets chosen for bus Route 709 are of an appropriate width for use as a bus route. Grenda’s have no concerns with the roundabouts in Island Point Avenue. The DOT have stated that they will monitor the performance of Route 709 through Waterways on an ongoing basis, and will review the service should any problems become evident. They added that if necessary, the operation of bus Route 709 will be modified. “Their Recommendations: 1. Bus Route 709 should not commence until further consultation and discussion with the Waterways Body Corporate and its residents. 2. Explore other options”. Officer Comment: It is our understanding that the DOT sent out letters to the residents stating that the new bus service would be in implemented on the 27th of September this year. The DOT did not send a copy of this letter to Council nor did they seek Council’s comments on the roll out or the wording of the letter. The DOT should undertake further consultation with residents. 5.9 Council Officer Involvement Council officers met with DOT officers on site following repeated requests from the DOT officers in relation to the location of the bus stops. Council Officers met with the DOT officers to provide local knowledge with assessing the DOT’s nominated bus stop sites in relation to council assets. In no way did Council officers support the bus routes. Council officers have also expressed concerns to DOT officers about the lack of public consultation on the roll out of the new bus services. Council officers also advised the DOT officers that formal approval from Council would be required for the new bus routes.

6. Triple Bottom Line Checklist Environmental – Increased usage of public transport enhances broader greenhouse gas reduction objectives.

Page 141: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27/09/2010

141

Social - Public transport improvements are acknowledged as a key service for improving the broad social outcomes for any community. Financial – No direct cost to Council.

7. Recommendation That Council 1. Note the recommendations of the Bayside/Kingston Bus Review and its implications 2. Write to the Department of Transport - requesting them to undertake public consultation on the new routes in light of the objections received from some residents and - requesting them to provide a report to Council on the results of their consultation so that Council is able to form a position on the implementation of the new bus routes. Attachments: 10/88699

Appendix A: Bayside/Kingston Bus Service Review Summary Report

Appendix B: Maps showing the proposed bus routes Appendix C: Copy of Petition from residents of Island Point Avenue, Waterways

Page 142: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

142

10. Community Sustainability Reports M 187 Project Cambodia - Koala Spirit Ltd Approved by: Mauro Bolin, General Manager Community Sustainability Author: Callum Pattie, Community Development Officer Partnerships and

Facilities 1. Purpose The purpose of this report is to inform Council about Project Cambodia and its request to utilise a Council-owned property for a short term charitable purpose. This report relates to the visions set out in the Council Plan 2009 – 2013, in particular:

• 3.1 Promoting family and community wellbeing and participation in community life • 3.2 Strong, cohesive and engaged communities • 5.1 Be community centric.

2. Background Koala Spirit Ltd is a not for profit organisation. It was originally set up to care for children and animals after the Black Saturday fires of 7 February 2009. It worked with schools, planted trees and developed creative arts programs that led to an exhibition at Melbourne’s Federation Square during August and September 2009. Project Cambodia Koala Spirit Ltd has committed to sending 10 standard cargo shipping containers (with dimensions of 10 feet by 40 feet) to support educational programs and village development for children around the world. An example of such a container is seen in Attachment A. One of these container shipments are earmarked to support the Build Foundation in Cambodia. The Build Foundation focuses on sustainable village development and community building throughout Cambodia. It also works with over 25 orphanages around that country. The shipment to Cambodia is to focus on meeting needs in the areas of:

• Food, food production and storage • Medical equipment and medical education material • Materials to support the creation of educational centres. Koala Spirit Ltd is planning to set up a steering committee with representation from many community groups and organisations to guide Project Cambodia through its course. Community groups will be invited to assist with the painting and packing of the container, organise fundraising activities and gifting supplies in support of Project Cambodia. Project Cambodia is currently supported by the following foundations and organisations: • Build Foundation

Page 143: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

143

• Global Dialogue Foundation • Rotary • Ambulance Victoria • Australian Firefighters International Relief and Education • Brotherhood of St Lawrence • Red Cross • Salvation Army Koala Spirit Ltd has approached Council requesting support for Project Cambodia through the provision of a property to store three standard cargo shipping containers whilst they are being filled. This request can be approved under delegation of the Chief Executive subject to a Town Planning Permit. Property Lease Council officers have identified a suitable location for the containers at 2 Ewar Street Moorabbin (see images in Attachments B and C). This site is a vacant Council owned property with security fencing and gate access. The site is proposed as a key development site in the Draft Moorabbin Structure Plan but has not yet been allocated for a specific development. The containers are proposed to be located on the property from September 2010 to March 2011. If supported by Council, Property Services will provide Koala Spirit Ltd with a short term lease of the property. The lease will transfer full responsibility of the site and any activities performed on the site to Koala Spirit Ltd. Koala Spirit Ltd will be responsible for the preparation of, and access to, the site. It will be required to provide public liability insurance and will be responsible for any occupation health and safety or other risk issues associated with activities performed on the site. Upon the completion of the lease, Koala Spirit Ltd will be required to leave the site in the state it was prior to the commencement of the lease.

3. Summary and Conclusion Koala Spirit Ltd is requesting to utilise the Council owned property at 2 Ewar Street Moorabbin for Project Cambodia. The proposed use will be subject to a Town Planning approval. Project Cambodia involves filling and shipping one standard cargo containers to support educational programs and village development for children in Cambodia. Two additional shipping containers will be used on site to store goods prior to the packing process. It is proposed that three containers will be located on the property from September 2010 to March 2011. Council’s Property Services will provide Koala Spirit Ltd with a short term lease of the property. The lease will transfer full responsibility of the site and any activities performed on the site to Koala Spirit Ltd.

4. Consultation Surrounding businesses received letters regarding the proposed use of the property.

Page 144: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

144

One local business owner has expressed his opposition to the project. The individual’s objection is not related to the merits of the project but rather is in relation to having made previous unsuccessful attempts to lease the property from Council for commercial purposes.

5. Issues While providing a community group with a lease for a short term project is not usual practice, the Koala Spirit Ltd proposal will raise greater social awareness within the Kingston community and would provide communities in Cambodia with practical benefits.

6. Options 6.1 That Council support Project Cambodia involving the provision of a short-term lease for 2 Ewar St, Moorabbin to Koala Spirit Ltd for the charitable purpose outlined above. 6.2 That Council does not support Project Cambodia involving the provision of a short-term lease for 2 Ewar St, Moorabbin to Koala Spirit Ltd for the charitable purpose outlined above. 7. Triple Bottom Line Checklist 7.1 Environmental impact At the completion of the lease Koala Spirit Ltd will be required to leave the property in the same state as it was prior to the commencement of its lease. Due to the nature of the precinct (commercial/public) no adverse impact on the amenity of the area is anticipated. 7.2 Social impact Project Cambodia will have a positive impact on the Kingston Community through the distribution of information about specific children’s issues in Cambodia. Villages in Cambodia will benefit with food, medical equipment and education materials.

7.3 Budget/Financial impact There will be no costs to Council associated with this project 8. Recommendation That Council support Project Cambodia as detailed in this report. Attachments Attachment A - Image of container Attachment B - Image of location Attachment C - Image of approximate container location and proportions

Page 145: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

145

ATTACHMENT A IMAGE OF CONTAINER Example of the 10ft x 40ft Container for Project Cambodia

Page 146: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

146

ATTACHMENT B IMAGE OF LOCATION 2 Ewar Street, Moorabbin

Page 147: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

147

ATTACHMENT C IMAGE OF APPROXIMATE CONTAINER LOCATION AND PROPORTIONS Proposed location of three containers at 2 Ewar Street, Moorabbin

Page 148: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

148

M 188 Foreshore Buildings Development Approved by: Mauro Bolin, General Manager, Community Sustainability Author: Steve Lewis, Manager Community Buildings 1. Purpose To seek Council endorsement of an implementation framework to address the urgent works identified through the recent foreshore building audits and to seek Council support to enter into strategic discussions with key stakeholders, in order to:- • share the findings of the intrusive audit reports, • identify what capacity exists within the club to address the audit recommendations, • understand the usage and service profiles for each of the affected facilities, • discuss their future aspirations for the service in the context of the current status and condition

of the facility. 2. Background Buildings on the foreshore are subject to extreme conditions and environmental factors and, as such, can deteriorate significantly faster than buildings sited in other locations. With this in mind, and following the partial collapse of the Carrum Life Saving Club during February 2010, officers have undertaken a risk assessment of all buildings and structures along the foreshore, which are either owned or controlled by Council. This risk assessment was focused on identifying immediate and potential high level public safety risks, using the information from the Carrum incident as a guide. Following completion of a risk assessment exercise involving a series of intrusive audits, 16 buildings/structures were identified as presenting either immediate public safety risks or needing urgent preventative works within the next 12 months to avoid either structural and/or public safety risks occurring. This work was undertaken during June/July 2010 and the outcome of these intrusive assessments has been used to inform the draft work program set out within Appendix A of this report. 3. Summary and Conclusion This report has been prepared to inform Council of the outcome of the Foreshore Buildings Risk Assessment process and to seek Council endorsement of an implementation framework to address the urgent works identified. As these works are currently unfunded, officers propose to undertake minor reconfiguration of resource allocations within the 2010/11 capital program to allow this high risk work to be addressed (see attached Appendix A). It is proposed to reallocate $420,000 from Council’s 2010/11 road improvement program funding of $5.94 million to fund the recommended works to the high risk foreshore buildings. The road reconstruction program is a rolling program and priorities, which are based on condition, will be adjusted, by the Infrastructure Department to meet the available funds.

Page 149: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

149

In addition, Council is also asked to authorise officers to commence strategic discussions with local and regional stakeholders, including clubs, DSE and Life Saving Victoria on the proposed implementation framework. Council’s roads are in a good condition and there will be no adverse community road impact due to this proposed funding reallocation. In fact there would be a positive overall community benefit. This proposed adjustment will be reflected in the mid year budget review. 4. Consultation Subject to Council endorsement, it is proposed to commence strategic discussions with effected clubs, in order to:- • share the findings of the intrusive audit reports, • identify what capacity exists within the club to address the audit recommendations, • understand the usage and service profiles for each of the affected facilities, • discuss their future aspirations for the service in the context of the current status and condition

of the facility.

In addition, officers also propose to commence discussions with DSE and other regional stakeholders, e.g. Life Saving Victoria, to ascertain what financial assistance may be available from sources external to Council, better understand the requirements to facilitate capital developments and to obtain any necessary approvals to implement the works program contained within Appendix A. 5. Issues The total cost of the recommended rectification works is approximately $420,000 and is set out in Appendix A of this report for information. These works are currently unfunded in the Council’s 2010/11 Capital Program. The results of this building audit were not available at the time Council completed its drafting of the 2010/11 budget. In light of this, if supported by Council, officers propose to reconfigure the resource allocation mix within the 2010/11 capital program to address these high risk works. This will involve the reallocation of resources from the Council’s road improvement program to the public safety improvements on foreshore buildings. Officers consider this to be an acceptable risk in view of the level of investment made by Council in priority road improvements over the last 5 years, which has seen an increase from $3.1 million in 2005/06 to an allocation of $5.9 million in 2010/11. This investment, together with the favourable climatic conditions over the last 10 years, have contributed greatly to the preservation of Kingston’s road network, with road condition ratings across the City at “good” or “above average”. As such, Council endorsement of this proposed realignment of funding is requested. In addition, it is proposed to review the capacity of clubs to support the implementation of the required works, which will be taken into account prior to the commencement of any works In order to better inform the process, Council endorsement is also requested to commence strategic discussions with key stakeholders, in order to:-

Page 150: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

150

• share the findings of the intrusive audit reports, • identify what capacity exists within the club to address the audit recommendations, • understand the usage and service profiles for each of the affected facilities, • discuss their future aspirations for the service in the context of the current status and condition

of the facility. Notwithstanding the above, the 4th Mordialloc Sea-Scouts Hall, located on Lambert Island in Mordialloc Creek, has been identified as requiring substantial works, is in poor condition and presents a number of serious OHS risks. The recommended works identified in Appendix A will only address urgent structural issues and will not enhance the amenity of the facility, which is old and dilapidated. In view of this, it is proposed that, subject to Council approval, officers be authorised to hold discussions with the 4th Mordialloc Sea Scouts regarding the future use of their building and to prepare a further report to Council on the outcome of these discussions. In addition to the above, given the location of the Patterson River Motorboat Club building and its’ exposure to king tides/ rising sea levels and the age of the building, discussions are proposed with the Club on whether they want to move or remain and fund necessary works. 6 Triple Bottom Line Checklist • Environmental – Buildings on the foreshore are subject to extreme environmental conditions

and will deteriorate more quickly than other buildings in less exposed locations. All building design work will need to take account of these conditions, as well as being cognisant of Council’s green purchasing policies in addressing issues identified through these intrusive assessments.

• Social – Foreshore buildings play a major role in supporting the work of the local community

and in helping to support the delivery of local voluntary services, e.g. Life Saving Clubs, etc. In addressing building risks through the production of audits and the undertaking of required maintenance, will help to maintain these important local services for Kingston’s community.

• Financial – significant resources are required to address the recommended rectification works

following completion of the foreshore building risk assessments, and this is set out within Appendix A of this report. These works are currently unfunded in the Council’s 2010/11 Capital Program and Council is requested to allow the reprioritisation of existing approved Capital Program to address the works, which are considered as high risk to Council.

7. Recommendation That Council authorises officers to:- (i) undertake the recommended rectification works to a number of foreshore buildings totalling

approximately $420,000, as detailed in Appendix A of this report. (ii) reallocate resources from within the 2010/11 approved Capital Program from with Council’s

road improvement program to fund the above proposed high risk works to foreshore buildings.

Page 151: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

151

(iii) enter into strategic discussions with key stakeholders, in order to:- (a) share the findings of the intrusive audit reports, (b) identify what capacity exists within the clubs to address the audit recommendations, (c) understand the usage and service profiles for each of the affected facilities, (d) discuss their future aspirations for the service in the context of the current status and

condition of the facility. (iv) hold discussions with the 4th Mordialloc Sea Scouts regarding the future use of their building. (v) hold discussions with Patterson River Motorboat Club. (vi) prepare a further report to Council at the completion of the proposed strategic discussions. Attachments Appendix A : Foreshore Risk Assessments – Recommended Works Costs (Confidential)

Page 152: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

152

M 189 Kingston Public Health and Wellbeing Plan (PHWP) 2009- 2013 Approved by: Mauro Bolin, General Manager Community Sustainability Author: Lena Okin, Community Projects Officer 1. Purpose The purpose of this report is to seek Council’s endorsement of the key achievements accomplished during Year One of Council’s Public Health and Wellbeing Plan and seek endorsement of the Year Two Action Plan.

This report relates to the key priorities set out in Council Plan 2009-2013 and in particular: • Planned Outcome 3: Healthy Strong and Connected Communities.

2. Background Under the Public Health and Wellbeing Act 2008 each Council is required to prepare a four year Public Health and Wellbeing Plan. The Kingston Public Health and Wellbeing Plan 2009-2013 (PHWP) was developed to identify and promote the highest level of health and wellbeing for the Kingston community. The development of this Plan occurred in conjunction with a wider place-based planning process, which involved collaboration with the Kingston Bayside Primary Care Partnership, Central Bayside Community Health Services, Bentleigh Bayside Community Health and Bayside City Council. The planning process for the PHWP identified a shared vision and focused on an integration of efforts that enables Council to have greater capacity to address health and wellbeing priorities effectively. As a result, five key priority areas have been developed that provide a framework for health planning across Council’s departments and within the municipality. A Year One Action Plan was developed to achieve the strategic objectives identified in the PHWP. The Year One Action Plan was developed in consultation with Council officers and focused on specific strategies and projects that have been planned, or are being currently implemented, that contribute to improving the health and wellbeing of the community. Examples of Year One Achievements In the following table are examples of some of the key actions that were implemented between July 2009 and June 2010. The examples relate to the specific planned actions listed in the Year 1 Action Plan. See Attachment A (Year 1 Actions Review) for the full report of all the achievements.

YEAR 1 HIGHLIGHTS

Priority Area from Year 1 Action Plan Achievements of Planned Actions from the Year 1

Page 153: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

153

Action Plan Priority Area 1: Coordination and Leadership of Public Health

• Council’s Heatwave Strategy was developed and implemented.

• Council’s playground amenities have been upgraded and walking tracks have been installed.

• The Active Service Framework and Social Inclusion Program are being implemented through Council’s Aged and Disability Services.

Priority Area 2: Mental Health and Well-Being

• Kind 2 Mind mental health and wellbeing expo was successfully delivered in April 2010.

• 33 Arts Centre volunteers contributed 1621 hours to community and professional programs which contributes to improved health and wellbeing.

• Council’s Economic Development Department successfully facilitated the Mentor Partners program utilising 20 volunteer business mentors to support 20 local small businesses.

Priority Area 3: Strengthening Community Responses to Alcohol and Other Drug Issues

• An increased number of sporting clubs achieved initial or improved accreditation levels within the Good Sports Program.

• Ongoing monitoring of syringe disposal units was conducted by Parks and Gardens.

• Council continued to provide alcohol free community events such as Carols by the Bay and Kingston Youth Festival.

Priority Area 4: Promoting Physical Activity and Healthy Eating

• Community Garden guidelines were developed and promoted.

• Monthly walking groups continue to operate in the City of Kingston.

• Three series of the Community Kitchens program were delivered to the community through the ‘Being Active Eating Well’ Project.

• Council was successful in receiving federal funding for Governor Rd shared trail project linking Waterways and Braeside Park.

• Don Tatnell Centre was successful in applying to the Victorian Civil and Administrative Tribunal to continue running the Women’s Swimming Program for an additional three years.

Priority Area 5: Building sustainable communities

• Kingston Age Friendly Transport Pilot Project was successfully delivered with a toolkit developed for other organisations use.

• Affordable Housing Taskforce established by Council.

Page 154: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

154

3. Summary and Conclusion The PHWP is a strategic document that embraces a whole of Council and community approach to address identified public health issues. It is intended that annual action plans are developed to provide a framework that integrates health planning and coordination across Council’s departments to maximise health and wellbeing outcomes for the community. The key actions achieved during year one highlight the variety of successful projects undertaken within Council; demonstrating Council’s on-going commitment to a healthy, strong and vibrant community. Implementation of the PHWP is generally within Council’s annual approved budget and within available external resources.

4. Consultation The Year One Action Plan adopted a whole of Council approach to community health and wellbeing. This action plan was also based on the key issues identified by community members and local stakeholders during consultation for the PHWP. The development of the action plan involved one-on-one sessions with representatives from 13 departments of Council to:

♦ Develop Year One Actions; ♦ Review Year One Action after 12 months; and ♦ Develop Year Two Actions.

A Council staff workshop contributed to the planning, implementation and evaluation of the Plan. This approach consolidated a co-operative interdepartmental effort.

5. Issues The five key priority areas identified in the PHWP are:

• The Coordination and Leadership of Public Health; • Mental Health and Wellbeing; • Strengthening Community Response to Drug and Alcohol Issues; • Promoting Physical Activity and Healthy Eating; and • Building Sustainable Communities.

Annual action plans for the PHWP are developed to ensure that strategic actions identified for each priority area are responsive and flexible to community needs, and take into account funding opportunities as well as national and state health priorities. Year Two Action Plan The Year Two Action Plan was developed with extensive input from representatives from a range of Council departments. It is intended that the Year 2 actions will continue to strengthen collaboration across Council and provide strategic actions that complement existing Council strategies and plans.

Page 155: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

155

Attachment B (Year 2 Actions) identifies the strategic actions under the five priority areas that are proposed for Council’s implementation during the second year of the PHWP. 6. Options 6.1 That Council endorses the achievements in relation to the Year One Action Plan as part of the Public Health and Wellbeing Plan 2009 - 2013 included as (Attachment A) 6.2 That Council adopts the Year Two Action Plan of the Public Health and Wellbeing Plan 2009 - 2013 included as Attachment B. 6.3 That Council’s Community Engagement team leads the implementation of the Year 2 Strategic Actions as identified in the Public Health and Wellbeing Plan 2009 - 2013 in partnership with identified stakeholders.

7. Triple Bottom Line Checklist 7.1 Environmental impact The Year Two PHWP Action Plan includes the consideration of specific environmental issues, such as water and air quality; and investigates options for a stronger integration of health promotion and environmental issues. 7.2 Social impact The Year Two PHWP Action Plan will ensure that key health and wellbeing issues are identified and responded to within a comprehensive and collaborative framework. It will strengthen the partnerships between Council, service providers and the community which will contribute to cost effective and sustainable outcomes serving to enhance the wellbeing of the Kingston community.

7.3 Budget/Financial impact The Year Two PHWP actions will be funded from Council’s 2010-2011 Budget. Additional resources for the implementation of the Year Two Action Plan will be provided by the joint Kingston Bayside Health and Wellbeing member agencies. Additional funding for projects from other sources will also be pursued. 8. Recommendations 1. That Council note the Public Health and Wellbeing Plan 2009 – 2013 Year One Action Plan achievements included as Attachment A. 2. That Council adopt the Year Two Action Plan as part of the Public Health and Wellbeing Plan 2009 - 2013 included as Attachment B.

Attachments: Attachment A: Summary of achievements from the Year One Action Plan of the Public Health and Wellbeing Plan 2009-2013 Attachment B: Draft Year 2 Strategic Actions

Page 156: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

156

M 190 Contract 10/93 – Supply of Library Books, AV Media, Periodicals, Subscription & Related Services Approved by: Mauro Bolin, General Manager Community Sustainability Author: Trish Smyth, Manager Libraries & Education &

Darren Paspa, Manager Procurement & Contracts

1. Purpose This report details the process and outcomes of the Tenders for the Supply of Library Books, AV Media, Periodicals, Subscriptions and Related Services and seeks approval to enter into agreements with the best value tenderers.

2. Background Council has an ongoing requirement for Supply of Library Books, AV Media, Periodicals, Subscriptions and Related Services to its libraries to ensure currency of the library collection. Council’s expenditure on these items is approximately $750,000 per financial year. Procurement Australia Tender no. 1206/0825 Supply of Library Books, AV Media, Periodicals, Subscriptions and Related Services was advertised in the Herald Sun Newspaper on 5th May 2010, tender closing date was 26th May 2010. The attached Tender Assessment Report provides details of the action taken and outcomes achieved through the invitation of public tenders by Procurement Australia, as Council’s agent for this requirement.

3. Summary and Conclusion The Tender Assessment Report recommends that the tenders from a number of suppliers be accepted to form a panel of contractors within each category. The formation of the panel will ensure Council has access to the full range of material required together with the flexibility to select the supplier representing best value for money for a particular item. It is recommended that Council approval be granted to enter into an agreement with those suppliers selected in the attached Tender Assessment Report for the Supply of Library Books, AV Media, Periodicals, Subscriptions and Related Services for a period of two years, with an option to extend for a further two (2) x one (1) year period.

4. Consultation Council’s Library and Education Services staff have been fully involved in all aspects of the procurement process including the determination of Council’s requirements and membership of the tender assessment panel.

5. Issues Total Council expenditure on Library Books, AV Media, Periodicals, Subscriptions and Related Service exceeds the Public Tender threshold nominated in s.186 of the Local Government Act 1989. By appointing Procurement Australia as its agent and the subsequent public tender action undertaken, Council is fully compliant with the Act in this regard.

Page 157: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

157

6. Options The preferred option is to proceed with the tenders as nominated in the Tender Assessment Report. Although there is a possibility that Council’s entire requirements could be supplied by a single supplier in each category, previous experience has shown that a single supplier would struggle to supply a large number of libraries at the same time and would not stock the full range of materials required, resulting in delays and undermining value for money and not supplying the full range of materials required by community. The ability to choose from a panel of contractors should ensure that a full range of materials is readily available and at reasonable prices to meet the ongoing needs of Council’s Library and Education Service.

7 Triple Bottom Line Checklist • Environmental – Environmental impacts have been considered in relation to lower ranking

local suppliers. • Social – Acceptance of the panel of tenderers will guarantee the continual supply of new

material into Council’s library stock to the benefit of all users of the libraries. • Financial – By aggregating Council’s library requirements with the other 7 municipal

libraries under the Procurement Australia process, Council will receive at least the same and/or better discounts of retail prices than has been previously obtained.

8 Recommendation

“That Council resolve to:

(i) Accept the tenders from the suppliers listed for selection in the attached Tender Assessment Report for the Supply of Library Books, AV Media, Periodicals, Subscriptions and Related Services for a period of two years, with an option to extend for a further two (2) x one (1) year period. The estimated value of the services over the 2 year period is $1,500,000.

(ii) Authorise the Chief Executive Officer or delegate to execute sub-agreements with the recommended tenderers under the terms of the Procurement Australia Master Agreement.

(iii) Authorise the Chief Executive Officer or delegate, subject to satisfactory performance of the supplier, to exercise the options(s) to extend the contract for a further two (2) x one (1) years.

Attachments: A. Confidential: Tender Assessment Report B. Confidential: Library Books Tender Suppliers

Page 158: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

158

11. Organisational Development & Governance Reports M 191 Expenditure of Ward Funds Schedule Approved by: Elaine Sowerby, General Manager Organisational Development &

Governance Author: Nicola Wright, Admin Coordinator, Organisational Development &

Governance 1. Purpose The purpose of this report is to seek formal Council approval of the expenditure of Ward funds in accordance with the ‘Expenditure of Ward Funds Policy’. 2. Background The Council, on 23 March 2009, adopted a revised policy for the expenditure of ward funds. Each financial year during a Council term, Kingston Councillors are allocated $6,000 in ward funds for utilisation in accordance with the adopted policy. Part 2 of the policy, which outlines the limitations on the expenditure of ward funds, specifies that Councillors may propose that ward funds be allocated for initiatives that aim to:

“a) assist a recognised community group (including sporting/recreational body, arts/cultural group, charity, youth group, pre-school, playgroup, senior citizens club, historical society, friendship group, environmental group, trader organisation or toy library) which provides a service, program or activity used by or of benefit to Kingston residents;

b) assist an individual who is a resident of the City of Kingston to participate in a sporting,

recreational or cultural activity, or other pursuit of a personal development nature, or who is in necessitous circumstances;

c) Support an event or activity which will be of benefit or interest to residents of the City of

Kingston; d) Support the key external themes of enhancement of the physical environment or the

development of community well being, identified in the Council Plan.”

It should be noted that the policy also enables a Ward Councillor to propose that his / her ward funds be expended outside of the Councillor’s specific ward, provided that the ward funds are expended for the benefit of the Kingston community, and that one or more of the criteria set out above are met.

Page 159: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

159

The table below lists the Councillor requests for the expenditure of ward funds received since the last Ordinary Council Meeting. Table of Councillor requests:

Councillor Ward Initiative Request Date

Amount $

Cr Peulich North Moorabbin Obedience Dog Club Inc Servicing of Sportsground Lighting

30/08/2010 $167.93

Mayor

Cr Staikos

North Margaret Hunter Volunteering Expenses @ UCI World Road Race Cycling Championships

09/08/2010 $100

Cr Ronke South Margaret Hunter Volunteering Expenses @ UCI World Road Race Cycling Championships

20/09/2010 $100

Mayor

Cr Staikos

North Stroke Foundation Maureen’s Dinner to Make a Difference

13/08/2010 $100

Cr Athanasopoulos

North Stroke Foundation Maureen’s Dinner to Make a Difference

13/08/2010 $100

Cr Bauer South Stroke Foundation Maureen’s Dinner to Make a Difference

13/08/2010 $100

Cr Brownlees Central Stroke Foundation Maureen’s Dinner to Make a Difference

13/08/2010 $100

Cr Dundas Central Stroke Foundation Maureen’s Dinner to Make a Difference

13/08/2010 $100

Cr Peulich North Stroke Foundation Maureen’s Dinner to Make a Difference

13/08/2010 $100

Page 160: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

160

Cr Ronke South Stroke Foundation Maureen’s Dinner to Make a Difference

13/08/2010 $100

Cr Shewan South Stroke Foundation Maureen’s Dinner to Make a Difference

13/08/2010 $100

Cr West Central Stroke Foundation Maureen’s Dinner to Make a Difference

13/08/2010 $100

Mayor Cr Staikos

North Mentone Girls’ Secondary College Additional Flagpole to fly the flag of the indigenous people

20/09/2010 TBA

Cr Brownlees Central Mentone Girls’ Secondary College Additional Flagpole to fly the flag of the indigenous people

20/09/2010 TBA

Cr Ronke South Liam Schinina U15 National Hockey Tournament in Tasmania

20/09/2010 $200

Cr Bauer South Liam Schinina U15 National Hockey Tournament in Tasmania

20/09/2010 $200

Cr Dundas Central Liam Schinina U15 National Hockey Tournament in Tasmania

20/09/2010 $100

Recommendation That Council approve the expenditure of ward funds in accordance with the table of Councillor requests.

Page 161: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

161

M 192 Contract 10/56 Provision of Catering Services Approved by: Jason Stubbs, Acting General Manager Organisational Development

and Governance Author: Katerina Kaldellis, Acting Team Leader Customer Service

1. Purpose This report details the process and outcomes of the Tender 10/56 Provision of Catering Services and seeks approval to enter into agreements with the best value tenderers.

2. Background Contract No. 10/56 for Provision of Catering Services seeks to appoint a panel of four contractors to each of the catering categories under this contract. The contract term shall be for a 3 year period, from 1 October 2010 to 30 September 2013, with an option for Council to extend the contract for up to an additional 24 months at the sole discretion of Council (maximum 5 year contract period). The expenditure in 2009/10 was $125,000 and for 2010/11 the budget is $115,000. Council on a regular basis utilises the services of varied catering providers for a variety of different events. Currently there is no Contract in place governing the relationship between any specified Caterer and Council. Catering Services support provision of a wide range of Civic Functions such as Citizenships and Mayoral Appreciation function, Council Events, Public meetings and receptions, Council and organisational meetings, Village Committees etc. The catering services cover a variety of catering needs and include receptions, formal meals, buffet meals, shared hot or cold platters, along with the requirement for waiter services. This Contract excludes the Café at Waves Leisure Centre, catering supplied by the Kingston Arts Centre to hirers of those premises, Kingston’s Aged Hostels, Child Care Centres and the provision of Meals on Wheels. The attached confidential tender evaluation report provides details of the action taken and outcomes achieved through the invitation of public tenders. Tenders were advertised in the Age on Saturday 24th April 2010 and closed at 2.00pm on Thursday 20th May 2010. A total of seven tenders were received, details of which are set out in Attachment 1 - Schedule of Rates submission. 3. Summary and Conclusion As a result of public tender process a panel of caterers is sought for appointment to award Contract No. 10/56 for provision of Catering Services. The 2010/11 budget covered by this tender is $115,000. Four caterers have been selected in each service category as a panel of providers to allow for a variety of Council needs. The formation of the panels will ensure Council has the flexibility and range of supplier to ensure best value for money.

Page 162: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

162

It is recommended Council enter into an agreement with those suppliers listed in the Tender Assessment Report for the supply of Catering Services for a period of three years with the option to extend for a further two (2) x one (1)year extension periods.

4. Consultation The tender review group contained members from Governance and Performance Planning, Customer Service and Contracts and Purchasing. Consultation was undertaken with the Executive group in relation to the tender specification and outcomes

5. Issues Total Council expenditure on catering over a period of 5 years exceeds the threshold for public tendering nominated in s186 of the Local Government Act 1989. The public tender process allows Council to ensure compliance with the Act. 6. Options The preferred option is to proceed with the tenders as nominated in the tender assessment report. Although it is possible a single tenderer could provide the range of Councils requirements, experience has shown that the ability to select from a panel of contractors allows for a more flexible and responsive service, particularly where short notice is given. The ability to choose from a panel of contractors will ensure that the full range of catering services are readily available at prices which meet the needs of the Council for this service.

Category Recommendations 1 2 3 4

1. Receptions (including Waiters)

Truly Scrumptious

The Nutmeg Tree Table & Larder Simply Sensational

2. Formal Meals Truly Scrumptious

Simply Sensational The Nutmeg Tree Table & Larder

3. Buffet Meals a) Breakfasts Table & Larder

Truly Scrumptious

Simply Sensational The Nutmeg Tree

3. Buffet Meals b) Lunches Table & Larder

Truly Scrumptious

Simply Sensational The Nutmeg Tree

3. Buffet Meals c) Dinners Table & Larder

Truly Scrumptious

Simply Sensational The Nutmeg Tree

4. Shared Hot or Cold Platters Red Pillar Café

Truly Scrumptious The Nutmeg Tree Table & Larder

Waiter Services where required to be provided by the Caterer providing the service at the tendered prices.

Page 163: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

163

7. Triple Bottom Line Checklist

• Environmental – The tender included environmental considerations. Overall the service providers have committed to strong environmentally conscious business practices.

• Social - Not applicable. • Financial – Recommendations above have been ranked according to best value for money

within all categories. Use of a panel of providers is expected to lead to better management of catering and reduction in overall catering costs.

8. Recommendation

That Council 1. Resolve to accept the tenders for the Provision of Catering Services from the panel of

providers recommended in this report for each category of service required, for an initial period of three (3) years with an option to extend for a further two (2) x one (1) year periods, at an estimated year 1 cost of $115,000 and future years as per adopted Council budget.

2. Authorise the exercising of the option to extend for a further two (2) x one (1) year periods, at the discretion of the Chief Executive Officer or his delegate and subject to satisfactory performance of each supplier on the accepted panel of providers.

Attachments:

• Confidential Tender Assessment Report

Page 164: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

164

M 193 MAV Substitute Representative - 22 October 2010 State Council Meeting

Approved by: Jason Stubbs, Acting General Manager Organisational Development

and Governance Author: Newton Gatoff, Acting Manager Governance & Performance

Planning

1. Purpose The purpose of this report is to propose that a substitute MAV representative be appointed for the upcoming MAV State Council meeting on 22 October 2010. 2. Background The MAV State Council meeting will take place on Friday, 22 October 2010 at which time Councillor representatives from all members Councils will vote on a range of motions put forward to that meeting. The MAV Rules specify that only the Council appointed representative (or the substitute representative) is able to vote at meetings of the State Council. The Council on 14 December 2009, appointed Cr Athanasopoulos as the Council’s appointed MAV representative, with Cr West as the substitute representative. 3. Issues Officers have confirmed with the MAV that, in accordance with the MAV Rules, if a substitute Councillor to Kingston’s existing Council appointed representatives is to be able to vote at the MAV State Council meeting, a resolution of Ordinary Council appointing that Councillor as the Council’s substitute representative will be required. Accordingly, it is proposed that the Council, as it did for the May MAV State Council Meeting,` appoint the Mayor, Cr Staikos, as its substitute MAV representative to enable the Mayor to vote on motions at the MAV’s State Council meeting on 22 October 2010. 4. Triple Bottom Line Not applicable. 5. Recommendation That the Council resolve to appoint the Mayor, Cr Staikos, as its substitute representative to the MAV for the State Council meeting to he held on Friday 22 October 2010.

Page 165: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

165

12. Notices of Motion M 194 Rescission Motion Submitted by Cr Paul Peulich – Media Policy Rescission Motion submitted by Cr Paul Peulich That the recommendation “That Council approve the attached guidelines and that these guidelines have precedence over the Media Policy 2008” be rescinded on the grounds that the resolution:

1. Is essentially undemocratic and interferes with freedom of expression and rights to free speech;

2. Uses a council majority to silence dissenting voices and the democratic rights of councillors to represent both the ward to which they have been elected and the broader municipal interests;

3. Is inconsistent with key legislative instruments, best practice and principles of accountability, transparency, integrity and impartiality;

4. Is inconsistent with key legislative instruments, best practice and principles of accountability, transparency, integrity and impartiality;

5. In effects seek to confer a political advantage to a single political party since the last council election in 2008 eg countless square centimetres of positive pro government text which both the policy and the guidelines seek to preserve;

6. The guidelines seek to disingenuously control the number of images of representatives elected to the Kingston Council but is silent on the large numbers of images of political representatives of a single political party (ie the May 2010 Edition of Kingston Your City contains multiple images of local Labour MPs which the new policy and guidelines protect by contrast to attempting to limit individual councillors pics to one);

7. Provides unfettered exposure of the Mayor in KYC which in itself confers an unfair political advantage to a dominant/controlling group unlike the policies of other municipalities including the City of Melbourne.

Paul Peulich North Ward

Page 166: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

166

M 195 Cr Rosemary West – Investigation of Open Space needs for key area of Mentone/Cheltenham Notice of Motion – Investigation of Open Space needs for key area of Mentone/Cheltenham 1. Considering that:

• Council undertook a comprehensive Open Space Strategy Review which reassessed the open space priorities of all Local Areas in 2004;

• This review identified the three local areas of Mentone and Cheltenham bounded by Charman Road to the west, Balcombe and Lower Dandenong Roads to the South, Park and Centre Dandenong Roads to the north and the airport to the east as having a substantially lower provision of open space than the generally accepted standard of 2.4 ha for every 1000 residents;

• The review also identified the adjacent area bounded by Warrigal and Balcombe Roads and the railway line as having an urgent need for open space; there is no open space at all in this area except for school playgrounds which are inaccessible to the public;

• At councillors’ request, officers provided a report in the 2005—8 Council term on a formula for assessing priorities for open space opportunities.

• Officers very competently used this formula to assess the needs for Council to alleviate the shortage of open space for one of these areas by acquiring extra land on the Nylex site in 2009; but that beyond this

• There has been no comprehensive assessment of the priorities for purchase of open space opportunities in Kingston or in the areas identified as having a shortage in terms of ha/1000.

• The Mentone Structure Plan is before Council and residents have expressed concerns that the shortage of open space needs to be addressed as part of this plan;

• A number of medium to high density applications have been recently approved by Council or are pending in this area including the Le Gym site, the Mentone Bowl and adjoining sites and sites on Como Parade East;

• Mentone residents presented a petition to Council in 2008 requesting that the Collins Street depot site be developed as parkland once it is no longer needed as a depot.

• Despite councillors’ consistently expressed wishes for the open space needs for the area to be addressed before any other use was proposed for this site, another use has been put to councillors for consideration at a CIS meeting;

I move that Council;

1. Use the tools provided by the 2004 Open Space Strategy and the subsequent officer report, updated by the latest available census population statistics and by projections of extra residents to be accommodated in approved developments in this area, to promptly assess how the needs for open space might be met in the open space area bounded by Charman, Balcombe and Park Roads and the Nepean Highway and specifically:

2. Whether the Collins Street Depot site or the Mentone Bowling club site or both

would be needed to improve the open space ratio to a point closer to or up to the generally accepted 2.4 ha/1000 standard.

Page 167: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

167

3. Provide this information to Council before any presentations to CIS or to Council regarding alternative uses for this site.

4. That in future development applications, officers be required to include in their

report an assessment of how the open space needs of present and future residents are to be met in that area.

Cr Rosemary West September 22, 2010

Page 168: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

168

M 196 Cr Ron Brownlees – Grade Separation Strategy for the Train Network Notice of Motion for Council Meeting to be held Monday 27th September 2010 “That the City of Kingston invite representatives of the Cities of Glen Eira, Monash, Greater Dandenong and Bayside to support, and participate in, the development of a submission to the State Government that would provide a long term strategy for the provision of grade separation on the train network between Caulfield and Mordialloc, Caulfield and Dandenong, and linking Sandringham with Cheltenham and Dandenong. Grade separation options to include undergrounding of those sections of rail line. And further, that the participating Councils encourage involvement to support of their local State and Federal parliamentary representatives in the progress of the submission. Cr Ron Brownlees

Page 169: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

169

M 197 Cr Paul Peulich – Mordialloc Creek Notice of Motion I move that,

1. Officers undertake a thorough review/investigation of legal and financial obligations for maintenance of waterways including the obligation for dredging of the Mordialloc Creek. And,

2. A report comes back to CIS scheduled for the 18th of October.

Cr Paul Peulich North Ward

Page 170: City of Kingston Ordinary Council Meeting Agenda …...City of Kingston Ordinary Council Meeting Agenda 27 September 2010 1 Notice is given that an Ordinary Meeting of Kingston City

City of Kingston Ordinary Council Meeting

Agenda 27 September 2010

170

M 198 Cr Donna Bauer – Bonbeach Foreshore Notice of Motion That the planting of Banksias along the Bonbeach foreshore be deferred pending consultation with affected residents, and an investigation of other suitable species be undertaken. Cr Donna Bauer


Top Related