knox city council · cr d cooper scott ward dr g emonson chief executive officer ... melway ref. 81...

KNOX CITY COUNCIL MINUTES

Ordinary Meeting of Council

Held at the Civic Centre

511 Burwood Highway Wantirna South

On

Tuesday 22 April 2014

KNOX CITY COUNCIL

MINUTES FOR THE ORDINARY MEETING OF COUNCIL HELD AT THE CIVIC CENTRE, 511 BURWOOD HIGHWAY, WANTIRNA SOUTH

ON TUESDAY 22 APRIL 2014 AT 7.00PM

PRESENT:

Cr D Pearce (Mayor & Chairperson) Taylor Ward Cr P Lockwood Baird Ward Cr J Mortimore Chandler Ward Cr A Gill Dinsdale Ward Cr K Orpen Dobson Ward Cr T Holland Friberg Ward Cr D Cooper Scott Ward Dr G Emonson Chief Executive Officer Dr I Bell Director – Engineering & Infrastructure Mr A Kourambas Director - City Development Mr R Thomas Acting Director – Corporate

Development Ms K Stubbings Director – Community Services

THE MEETING OPENED WITH A STATEMENT OF ACKNOWLEDGEMENT AND A STATEMENT OF COMMITMENT

“Knox City Council acknowledges we are on the

traditional land of the Wurundjeri and Bunurong people and pay our respects to elders both past and present.”

COUNCIL 22 April 2014 BUSINESS: Page Nos. 1. APOLOGIES AND REQUESTS FOR LEAVE OF ABSENCE

Councillor Cossari

Councillor Seymour has previously been granted Leave of Absence from Council for tonight’s meeting.

Councillor Gill sought Leave of Absence from Council for the 27 May 2014 Ordinary Meeting of Council.

MOVED: CR. LOCKWOOD SECONDED: CR. HOLLAND That Councillor Gill be granted Leave of Absence for the 27 May 2014 Ordinary Meeting of Council. CARRIED

2. DECLARATIONS OF CONFLICT OF INTEREST

Nil 3. CONFIRMATION OF MINUTES

MOVED: CR. HOLLAND SECONDED: CR. GILL 3.1 Confirmation of Minutes of Ordinary Meeting of Council

held on Tuesday 25 March 2014 CARRIED

MOVED: CR. HOLLAND SECONDED: CR. GILL 3.2 Confirmation of Minutes of Strategic Planning Committee

Meeting held on Tuesday 8 April 2014 CARRIED

4. PETITIONS AND MEMORIALS

Nil 5. REPORTS BY COUNCILLORS

5.1

Committees & Delegates

1.

5.2

Ward Issues

3.

COUNCIL 22 April 2014 6. CONSIDERING AND ORDERING UPON OFFICERS’ REPORTS WITHIN THE

CITY DEVELOPMENT GROUP

6.1

All Wards Report Of Planning Applications Decided Under Delegation (160/1/06)

4.

6.2

Chandler Ward Application To Develop The Land For Five (5) Double Storey Dwellings And Removal Of Vegetation At 34 Bambury Street, Boronia Melway Ref. 65 B8 (Application No. P2013/6592)

11.

6.3

Chandler Ward Application To Develop The Land For Six (6) Double Storey Dwellings And Removal Of Vegetation At 34 Bambury Street, Melway Ref. 65 B8 (Application No. P2013/6689)

43.

6.4

Tirhatuan Ward Application For The Construction Of Seven (7) Double Storey Dwellings At 15 Stamford Crescent, Rowville, Melway Ref. 81 J1 (P/2013/6624)

75.

6.5

Baird Ward Application To Develop The Land For Five (5) Double Storey Dwellings At 5 Mossfield Avenue, Ferntree Gully, Melway Ref. 73 H2 (Application No. P/2013/6669)

112.

6.6

Friberg Ward Application To Develop The Land For Six (6) Double Storey Dwellings At 11-13 Clyde Street, Ferntree Gully Melway Ref. 73 G2 (Application No. P/2013/6447)

136.

6.7

Tirhatuan Ward Application To End Two (2) Section 173 Agreements For Lots Within Stage 5a Of Harcrest Estate At 525 Stud Road, Wantirna South. (Application No. P2011/6972 C2012/8131) Melway Ref. 72/K2

166.

6.8

Collier Ward Knox Private Hospital – Planning Scheme Amendment C132 To Apply The Development Plan Overlay At 262 Mountain Highway And 2-8 Ainsdale Avenue, Wantirna

184.

6.9

Tirhatuan Ward Proposed Planning Scheme Amendment C121 To Rezone 1-5 Taylors Lane, Rowville From Public Use Zone 7 To Residential 3 Zone (Melway Ref 82 A3)

214.

6.10

All Wards Housing Monitoring And Review Program 2013

219.

COUNCIL 22 April 2014 7. PUBLIC QUESTION TIME (Following the completion of business relating to Item 6, City Development, the business before the Council Meeting will be deferred to consider questions submitted by the public). 231. 8. CONSIDERING AND ORDERING UPON OFFICERS’ REPORTS WITHIN THE

ENGINEERING & INFRASTRUCTURE GROUP

8.1

Dobson Ward Knox War Memorial – Centenary Of Anzac

232.

8.2

All Wards Contract Extension – Contract No. 1800 – Supply Of Concrete Reinstatement Works

242.

9. CONSIDERING AND ORDERING UPON OFFICERS’ REPORTS WITHIN THE

COMMUNITY SERVICES GROUP

9.1

All Wards Draft Knox Leisure Plan 2014-2019

253.

9.2

All Wards Establishment Of A Knox Community Safety Advisory Committee

262.

10. CONSIDERING AND ORDERING UPON OFFICERS’ REPORTS WITHIN THE

CORPORATE DEVELOPMENT GROUP

10.1

All Wards Christmas Decorations Options

276.

10.2

Dinsdale Ward Council Property – 2 Kumala Road, Bayswater (Melway Ref: 64 D4)

282.

10.3

Friberg Ward Waterford Valley Golf Course And Retirement Village

288.

11. ITEMS FOR INFORMATION

11.1

All Wards Ward Contingency Fund Allocations For The Period 1 October 2013 – 31 March 2014

297.

11.2

All Wards Works Report As At 2 April 2014

308.

11.3

All Wards Assemblies Of Councillors

326.

COUNCIL 22 April 2014 12. MOTIONS FOR WHICH NOTICE HAS PREVIOUSLY BEEN GIVEN 337. 13. SUPPLEMENTARY ITEMS 337. 14. URGENT BUSINESS 337. 14.1 Urgent Business 337. 14.2 Call Up Items 337.

14.2.1 Child and Parent Friendly Public Facilities and Amenities 337. 14.2.2 Dog Play Park 337.

15. QUESTIONS WITHOUT NOTICE 338. GRAEME EMONSON CHIEF EXECUTIVE OFFICER

1 COUNCIL - REPORTS BY COUNCILLORS 22 April 2014

5. REPORTS BY COUNCILLORS

5.1 Committees & Delegates 5.1.1 COUNCILLOR LOCKWOOD Councillor Lockwood attended the following Meetings

· Citizenship Ceremony · Eastern Transport Coalition · Community Health and Wellbeing Reference Group · Knox Central Advisory Committee · Multicultural Harmony Festival · Public Transport Forum at Springvale for Commuters Count · Planning Consultative Committee · Municipal Association of Victoria

o Metro Forum o Board Meeting o Professional Development Committee

5.1.2 COUNCILLOR ORPEN Councillor Orpen attended the following Meetings

· Annual Budget Review (x 2) · Stamford Park Project Steering Committee · Multicultural Harmony Festival · Knox Central Advisory Committee · Strategic Planning Committee · Knox Historical Society Tour of Ferntree Gully Cemetery · Planning Consultative Committee 5.1.3 COUNCILLOR MORTIMORE Councillor Mortimore attended the following Meetings

· Annual Budget Review (x 2) · Multicultural Festival · World Autism Awareness Day · Knox Disability Advisory Committee · Metropolitan Waste Management Group Site Visit - Mattress Recycling · Youth Film Festival - Green Foot Flicks · Community Health and Wellbeing Reference Group · Electronic Gaming Forum - Monash City Council · Knox Housing Advisory Committee · Metropolitan Waste Management Group · Alchester Village Built Form Controls - Community Engagement Event · The Basin Built Form Controls - Community Engagement Event


5.1 Committees & Delegates (cont'd) 5.1.4 COUNCILLOR COOPER Councillor Cooper attended the following Meetings

· Annual Budget Review (x 2) · Knox Central Advisory Committee · Strategic Planning Committee · Metropolitan Waste Management Group Site Visit - Mattress Recycling · Environment Advisory Committee 5.1.5 COUNCILLOR PEARCE Councillor Pearce attended the following Meetings

· Fairhills High School Student · Rowville Hawks Junior Football Club · Annual Budget Review (x 2) · Stamford Park Project Steering Committee · Official Opening of the Rotary Club of Bayswater's Knox Art Show · Strategic Planning Committee · Multicultural Harmony Festival · Knox Relay for Life Opening Ceremony · Knox Hot Shot League Finals Presentations · Knox Central Advisory Committee · Rotary Club of Rowville-Lysterfield Breakfast · Jump Factory Opening · Lysterfield Junior Football Club Jumper Presentation Night · Eastern Football League Opening Match · Sherbrook Little Athletics Centre Annual General Meeting and

Presentation Day · Rowville Cricket Club Presentation Night · Youth Film Festival - Green Foot Flicks · Citizenship Ceremony · Universal Brotherhood Mission · Municipal Association of Victoria Forum · Barbeque and Viewing of Community Garden, RAFT Anglican Church · Eastern Ranges School Captains Badge Presentation


5.2 Ward Issues

5.2.1 COUNCILLOR GILL (DINSDALE WARD)

· Councillor Gill was pleased to advise that the Bayswater Library would celebrate its first birthday in May. Councillor Gill noted there were over 800 new members who had joined the library over the past 12 months. He also acknowledged the excellent programs being run out of the library to benefit the community.

· Councillor Gill advised of his intention to raise a call up item in relation to a review of Council’s policies and the relevant standards regarding how public facilities could be more child friendly.

5.2.2 COUNCILLOR LOCKWOOD (BAIRD WARD)

· Councillor Lockwood noted an issue in relation to a front fence.

5.2.3 COUNCILLOR MORTIMORE (CHANDLER WARD)

· Councillor Mortimore advised of recent community consultation workshops in relation to the Alchester Village place program. He noted the enthusiasm by those present in contributing to the design of this community asset.

· Councillor Mortimore advised there would be an ANZAC Day Dawn Service on Friday at the Boronia RSL commencing at 6:00am.

5.2.4 COUNCILLOR PEARCE (TAYLOR WARD)

· Councillor Pearce advised of the success of the recent Multicultural Harmony Festival held at the Polish House ‘Syrena’ in Taylor Ward. Councillor Pearce thanked the Multicultural Advisory Committee and the many community groups for their efforts in creating such a wonderful event enjoyed by so many in attendance.

4 COUNCIL – CITY DEVELOPMENT 22 April 2014

ALL WARDS

6.1 REPORT OF PLANNING APPLICATIONS DECIDED UNDER DELEGATION

SUMMARY: Manager – City Planning (Paul Dickie)

Details of planning applications considered under delegation are referred for information. It is recommended that the items be noted.

RECOMMENDATION

That the planning applications decided under delegation report (between 1 March to 31 March 2014) be noted.

REPORT

Details of planning applications decided under delegation from 1 March to 31 March 2014 are attached. The applications are summarised as follows:

Application Type No

Building Extensions: Residential Other

4 3

Dwelling 2

Units 14

Dependent Persons Unit 2

Industrial 1

Subdivision 16

Change of Use 1

Tree Removal/Pruning 24

Child Care Centre 1

Retaining Walls 1

Creation and Removal of Easement 1

Sign 1

Liquor Licence 1

Monopole – Telecommunications Facility 1

TOTAL 73

5 COUNCIL – CITY DEVELOPMENT 22 April 2014 6.1 Report Of Planning Applications Decided Under Delegation (cont'd)

COUNCIL RESOLUTION MOVED: CR. ORPEN SECONDED: CR. LOCKWOOD

That the planning applications decided under delegation report (between 1 March to 31 March 2014) be noted. CARRIED


Knox City Council Planning Applications Decided by Responsible Officer

1 March 2014 to 31 March 2014

Ward No/ Type Address Description Decision:

Baird 2013/6917 5 Tormore Road BORONIA VIC 3155

5 lot Subdivision (Approved Unit Site)

5/03/2014 Approved

Baird 2013/6928 16 Stradbroke Road BORONIA VIC 3155

3 Lot Subdivision (Approved Unit Site)

5/03/2014 Approved

Baird 2013/6363 135 Dorset Road BORONIA VIC 3155

Development of the land for two dwellings to the rear of the existing dwelling (total 3 dwellings) and provision of access to a Road Zone Category 1

19/03/2014 Approved

Baird 2014/6151 3 William Street BORONIA VIC 3155

Removal of dead Eucalyptus radiata.

13/03/2014 Approved

Baird 2013/6952 46 Wattletree Road FERNTREE GULLY VIC 3156

The development of the land for a single storey dwelling to the rear of the existing dwelling

25/03/2014 Approved

Baird 2013/6700 65 Devenish Road BORONIA VIC 3155

The construction of a single storey dwelling to the rear of the existing dwelling and a new carport for the existing dwelling

19/03/2014 Approved

Baird 2014/6038 3 Johnson Drive, FERNTREE GULLY VIC 3156


31/03/2014 Approved

Baird 2013/6916 7 Valerie Street, BORONIA VIC 3155

3 Lot Subdivision (Approved unit site)

31/03/2014 Approved

Chandler 2014/6096 8 Rangeview Road BORONIA VIC 3155

The removal of two Grevillea robusta trees

3/03/2014 Approved

Chandler 2014/6062 20 Weyburn Road BORONIA VIC 3155 2 Lot Subdivision 26/03/2014

Approved

Chandler 2014/6191 261 Forest Road BORONIA VIC 3155

The removal of three (3) Hesperocyparis macrocarpa (Monterey Cypress)

31/03/2014 Approved

Chandler 2014/6157 21 Parker Avenue BORONIA VIC 3155 Removal of two dead trees 13/03/2014

Approved

Chandler 2014/6133 23 Underwood Road BORONIA VIC 3155

The removal of one dead Eucalyptus radiata tree

7/03/2014 Approved

Chandler 2013/6637 290 Dorset Road BORONIA VIC 3155

The construction of a double storey apartment building containing ten (10) dwellings and alteration of access to a road zone

6/03/2014 Notice of Decision

Chandler 2014/6119 83 Underwood Road FERNTREE GULLY VIC 3156

The removal of one Liquidambar styraciflua

5/03/2014 Approved

Chandler 2013/6575 21 Harnett Street BORONIA VIC 3155

Two storey extension to existing dwelling and lopping of one (1) tree

13/03/2014 Approved

Chandler 2013/6752 3 Walker Street THE BASIN VIC 3154

The erection of a dependant persons dwelling on the land

6/03/2014 Approved



Chandler 2014/6175 108 Albert Avenue BORONIA VIC 3155

Removal of 2 Eucalyptus cephalocarpa trees

27/03/2014 Approved

Chandler 2014/6134 8 Boronia Road BORONIA VIC 3155

The pruning of 4 trees. (2 x Corymbia maculata in the front setback. In the rear POS, 1 Eucalyptus globulus, 1 Corymbia maculata).

11/03/2014 Approved

Chandler 2014/6155 181 Forest Road BORONIA VIC 3155

Removal of one Eucalyptus goniocalyx

13/03/2014 Approved

Chandler 2014/6112 1/51 Kalman Drive BORONIA VIC 3155

Construction of a mezzanine level and reduction of the car parking requirements associated with an industrial use

19/03/2014 Approved

Chandler 2014/6187 6 Lorraine Street BORONIA VIC 3155

The removal of one Eucalyptus saligna

25/03/2014 Approved

Chandler 2014/6198 332 Dorset Road BORONIA VIC 3155

Removal of four trees (two dead Eucalyptus , Liquidambar styraciflua, Eucalyptus obliqua) and the pruning of two trees (Grevillearobusta, Cinnamomum camphora)

27/03/2014 Approved

Chandler 2014/6123 62 Miller Road THE BASIN VIC 3154

The removal of one (1) Ulmus procera (English Elm)

4/03/2014 Approved

Chandler 2014/6147 120 Albert Avenue BORONIA VIC 3155

Removal of one Corymbia citriodora

11/03/2014 Approved

Chandler 2014/6128 8 Kalman Drive BORONIA VIC 3155

2 Lot Subdivision (Vacant Industrial land)

26/03/2014 Approved

Chandler 2014/6113 18 Beresford Drive BORONIA VIC 3155

Removal of one Eucalyptus radiata (Narrow-leaved peppermint)

3/03/2014 Approved

Chandler 2014/6212 75 Army Road BORONIA VIC 3155

The removal of one Eucalyptus goniocalyx

27/03/2014 Approved

Chandler 2013/6735 12 Kalman Drive BORONIA VIC 3155

The construction of a warehouse

21/03/2014 Approved

Chandler 2014/6085 21 Timewell Crescent BORONIA VIC 3155

Buildings and works (construction of a shed)

27/03/2014 Approved

Collier 2013/6485 9 Canara Court BAYSWATER VIC 3153

The development of the land for a double storey dwelling to the side of the existing dwelling


Collier 2014/6008 73 Alderford Drive WANTIRNA VIC 3152


17/03/2014 Approved

Collier 2013/6876 40 Dunbarton Drive WANTIRNA VIC 3152

2 lot subdivision (approved development site)

17/03/2014 Approved

Collier 2014/6104 Salford Park 43/100 Harold Street WANTIRNA VIC 3152

Buildings and Works (construction of a verandah)

26/03/2014 Approved

Dinsdale 2013/6935 16 Orchard Road BAYSWATER VIC 3153


17/03/2014 Approved

Dinsdale 2014/6091 4/5 Sherwood Court, WANTIRNA SOUTH VIC 3152

Buildings and Works (Second floor storeroom)

31/03/2014 Approved



Dinsdale 2013/6518 13 Bindi Street WANTIRNA SOUTH VIC 3152

The construction of two dwellings on the land (one single storey and one double storey) and associated 2 Lot Subdivision

14/03/2014 Approved

Dinsdale 2013/6608 19 Arbroath Road WANTIRNA SOUTH VIC 3152

The construction of a two storey dwelling to the rear of the existing dwelling

5/03/2014 Approved

Dinsdale 2014/6124 94 Gertonia Avenue BORONIA VIC 3155

Pruning of a Eucalyptus sideroxylon.

5/03/2014 Approved

Dinsdale 2013/6684 4 Wiltshire Avenue BAYSWATER VIC 3153

The development of the land for a single storey dwelling to the rear of the existing and a new garage for the existing dwelling

19/03/2014 Approved

Dobson 2013/6852 118 Glenfern Road FERNTREE GULLY VIC 3156

Conversion of a Dependent Persons Unit into a Second Dwelling

7/03/2014 Approved

Dobson 2014/6065 13 Roberts Street FERNTREE GULLY VIC 3156

The removal of 33 Cupressus sp (Cypress Hedge)

25/03/2014 Approved

Dobson 2013/6861 16 Clematis Avenue FERNTREE GULLY VIC 3156

Alterations and Additions to existing Dwelling

31/03/2014 Approved

Dobson 2014/6136 27 Doysal Avenue FERNTREE GULLY VIC 3156

The removal of two trees (Eucalyptus nicholii & Eucalyptus viminalis)and the pruning of as Eucalyptus eximia.

4/03/2014 Approved

Dobson 2013/6883 67 Finmere Crescent UPPER FERNTREE GULLY VIC 3156

The construction of a single dwelling on the land, and removal of vegetation

17/03/2014 Approved

Dobson 2014/6017 1216 Burwood Highway UPPER FERNTREE GULLY VIC 3156

Liquor Licence (Cafe & Restaurant)

24/03/2014 Approved

Dobson 2014/6200 83A Forest Road FERNTREE GULLY VIC 3156

Removal of 2 dead trees (Cinnamomum camphora, Acacia melanoxylon)

27/03/2014 Approved

Dobson 2014/6192 9 Nelson Street FERNTREE GULLY VIC 3156

Removal of one (1) Hesperocyparis macrocarpa (Monterey Cypress)

27/03/2014 Approved

Dobson 2013/6895 14 Kia-Ora Parade FERNTREE GULLY VIC 3156

Construction of buildings and works (Retaining Wall & Carport)

26/03/2014 Approved

Dobson 2014/6188 19 Butlers Road FERNTREE GULLY VIC 3156

Removal of 2 dead trees & the pruning of 1 Agonis flexuosa.

25/03/2014 Approved

Dobson 2014/6002 1 Chestnut Avenue FERNTREE GULLY VIC 3156

Buildings and works (Construction of a deck, verandah, garage and fence)

11/03/2014 Approved

Friberg 2014/6025 4 Kirby Court FERNTREE GULLY VIC 3156


17/03/2014 Approved



Friberg 2013/6806 11-13 Rushdale Street KNOXFIELD VIC 3180

Telecommunications Facility - 25m High Monopole

Notice of Decision

31/03/2014

Friberg 2013/6869 27 Cherrytree Rise KNOXFIELD VIC 3180

The development of the land for a double storey dwelling to the rear of the existing

18/03/2014 Approved

Friberg 2014/6018 19 The Ridge West KNOXFIELD VIC 3180

3 Lot Subdivision (Approved unit site)

17/03/2014 Approved

Friberg 2013/6947 28 Laura Road KNOXFIELD VIC 3180


12/03/2014 Approved

Friberg 2014/6102 1A The Ridge KNOXFIELD VIC 3180

Removal of one Corymbia citriodora

4/03/2014 Approved

Friberg 2014/6087 1 Wingate Close KNOXFIELD VIC 3180

The removal of two trees (Eucalyptus nicholii, Eucalyptus mannifera)

3/03/2014 Approved

Friberg 2013/6701 10A/1845 Ferntree Gully Road FERNTREE GULLY VIC 3156

Change of Use - Indoor Recreation Facility (24 hour Gym), signage and car parking to the satisfaction of the Responsible Authority

14/03/2014 Approved

Friberg 2013/6942 16 Clyde Street FERNTREE GULLY VIC 3156


17/03/2014 Approved

Friberg 2014/6205 1/23 Ferguson Court FERNTREE GULLY VIC 3156

The pruning of two Eucalyptus cephalocarpa trees

27/03/2014 Approved

Friberg 2013/6438 60 Norma Crescent KNOXFIELD VIC 3180 4 Lot Subdivision 5/03/2014

Approved

Friberg 2013/6373 1563 Ferntree Gully Road KNOXFIELD VIC 3180

Development and use of the land for a child care centre (120 Children) and reduction in car parking

7/03/2014 Approved

Scott 2013/6676 466 Burwood Highway WANTIRNA SOUTH VIC 3152

Removal of one (1) easement and creation of five (5) easements

19/03/2014 Approved

Taylor 2013/6779 4 Prior Court ROWVILLE VIC 3178

Development of the land for a single storey dwelling to the rear of the existing dwelling

25/03/2014 Approved

Taylor 2013/6905 7 Eggleton Rise ROWVILLE VIC 3178


4/03/2014 Approved

Taylor 2013/6499 48 Willow Avenue ROWVILLE VIC 3178

Development of the land for a single storey dwelling to the rear of the existing dwelling

24/03/2014 Approved

Taylor 2013/6882 1/86 Major Crescent LYSTERFIELD VIC 3156

The construction of a single storey dwelling on the land

5/03/2014 Approved

Tirhatuan 2013/6691 53 O'Connor Road KNOXFIELD VIC 3180

Construction of a double storey dwelling to the rear of the existing dwelling and a new garage for the existing dwelling




Tirhatuan 2013/6788 11 Third Avenue ROWVILLE VIC 3178

The construction of a single storey dwelling to the rear of the existing dwelling


Tirhatuan 2013/6445 879 Wellington Road ROWVILLE VIC 3178 Major Promotion Sign 21/03/2014

Refused

Tirhatuan 2013/6937 61 Bridgewater Way ROWVILLE VIC 3178


11/03/2014 Approved

Tirhatuan 2013/6765 35 Michael Street SCORESBY VIC 3179

The construction of a single storey dwelling to the rear of the existing dwelling

3/03/2014 Approved

TOTAL: 73


CHANDLER WARD

6.2 APPLICATION TO DEVELOP THE LAND FOR FIVE (5) DOUBLE STOREY DWELLINGS AND REMOVAL OF VEGETATION AT 34 BAMBURY STREET, BORONIA Melway Ref. 65 B8 (Application No. P2013/6592)

1. SUMMARY:

Land: 34 Bambury Street, Boronia Applicant: Peter Brown Architects Pty Ltd Proposed Development: The construction of five (5) double storey

dwellings and removal of vegetation Existing Land Use: Single Dwelling Area/Density: 1021m2 / 1:204m2 Zoning: Residential 1 Zone Overlays: Vegetation Protection Overlay

(Schedule 4) Significant Landscape Overlay (Schedule 3) Design and Development Overlay (Schedule 7)

Local Policy: Municipal Strategic Statement (MSS) Boronia Activity Centre Local Policy Dandenong Foothills Policy Housing Policy

Application Received: 28 August 2013 Number of Objections: 16 PCC Meeting: 18 February 2014 Assessment:

The proposal demonstrates fundamental inconsistencies with Council’s Municipal Strategic Statement, Dandenong Foothills Policy and Housing Policy.

The proposal does not comply with ResCode and the design standards of Clause 52.06 (car parking).

The proposal also fails to achieve the objectives of the Design and Development Overlay (Schedule 7), the Significant Landscape Overlay (Schedule 3) and the Vegetation Protection Overlay (Schedule 4).

On balance it is considered that the proposal does not respond to State and Local Planning Policies and it is recommended that Council issue a Notice of Decision to Refuse a Planning Permit.

12 COUNCIL – CITY DEVELOPMENT 22 April 2014 6.2 34 Bambury Street, Boronia (cont’d)

2. BACKGROUND

2.1 Planning Scheme Amendments

Amendment C133 proposes to permanently incorporate controls that were approved on an interim basis under Amendment C95. Amendment C95 modified Clause 22.06 and the Design and Development Overlay (Schedule 7), by making minor wording changes to provide clearer guidance on desired built form outcomes within the Boronia Major Activity Centre. Amendment C95 was approved by the Minister on 21 November 2013. Amendment C133 has recently completed the public notification process.

Amendment C131 proposes to implement the findings of the Knox Housing Strategy 2013, the Knox Residential Guidelines, the Rowville Plan (2013) and the new residential zones. Amendment C131 has recently completed the public notification process. Amendment C131 is not a ‘seriously entertained proposal’ at this time, and no weight has been given to the Knox Housing Strategy in the assessment of this application.

2.2 Previous Application

Planning Application No 2011/6081 for the development of the land for seven (7) double storey dwellings was refused by Council on 27 September 2011. Council’s decision was appealed and the Victorian Civil and Administrative Tribunal (VCAT) upheld Council’s decision and determined to refuse the application on 19 October 2012 (prior to approval of Amendment C95).

In determining to refuse the application, the Tribunal found that any development on the land should make a positive contribution to the area, taking into consideration both sides of Bambury Street and that any proposal must reflect the scale and density of the area, with appropriate opportunities for landscaping. The following were reasons given by the Tribunal that the proposal failed:

· The extent of built form down the lot;

· The location of the site in an area specified as being outside convenient walking distances to the local amenities;

· The lack of landscaping opportunities;

· And to a lesser degree, the apartment style of the building.

It is considered that the current proposal has not responded adequately to the matters contained within the Tribunal’s decision. There have also been further decisions by the Tribunal that highlight the importance of landscape character and the ability to accommodate canopy tree planting for developments within Bambury Street.


2.3 Current Applications

Planning Permit No P2013/6689 for the development of the land for six double storey dwellings and removal of vegetation is being considered concurrently with this application.

2.4 Subject Site and Surrounds

The location of the subject site is shown in Appendix A.

· The subject site is located on the southern side of Bambury Street, Boronia. The site has an overall area of 1021m2 with a frontage to Bambury Street of 17.83 metres and a depth of 57.28 metres. A single storey weatherboard dwelling currently exists on the site and there is a 1 metre fall from south to north.

· The subject site adjoins residential properties to the east and west, with the southern (rear) boundary abutting the Boronia Primary School. On the opposite side of Bambury Street, properties are developed for residential purposes. Dwellings in the immediate area are single and double storey of brick and weatherboard construction. The subject site is located within the Boronia Major Activity Centre.

· The subject site contains six (6) trees including a Quercus robur within the front setback and a Eucalyptus sideroxylon and Eucalyptus cephalocarpa within the rear yard.

2.5 The Proposal

(Refer to attached plans at Appendix B)

The application proposes to construct five (5) double storey dwellings. Details are as follows:

· The dwellings have a maximum height of 6.7 metres.

· Dwelling 1 will be setback 9 metres from Bambury Street. The dwellings are to be constructed in a tandem arrangement, with Dwellings 1 and 2 attached, a separation of one (1) metre to Dwelling 3, three (3) metres between Dwellings 3 and 4, and a separation of one (1) metre to Dwelling 5. The setback to the eastern boundary is to be a minimum of 1 metre, 5.8 metres to the western boundary and a minimum 1 metre to the southern (rear) boundary.


· All dwellings are provided with three (3) bedrooms. Dwelling 1 contains an entrance, two (2) bedrooms and bathroom at ground level, with a bedroom and open living/dining/kitchen at first floor. Dwellings 2 to 4 contain an entrance, bedroom and bathroom at ground level, with two (2) bedrooms and open living/dining/kitchen at first floor. Dwelling 5 contains an entrance and open living/dining/kitchen and three (3) bedrooms at first floor. Dwellings 1 to 4 are provided with balcony private open space at the first floor, while Dwelling 5 has ground level private open space.

· Vehicle access is provided along the western boundary to the internal accessway. Each dwelling is provided with a double garage. A visitor parking space is provided between Dwellings 3 and 4.

· The dwellings are provided with a flat roof to the first floor, a combination of a flat and pitched roof to the ground level, brickwork to ground level and combination of weatherboard and render to the first floor.

· The Quercus robur and the Syzygium smithii within the front setback are to be retained. All other vegetation is to be removed including a Eucalyptus sideroxylon, Eucalyptus cephalocarpa, Liquidambar styraciflua and Syzygium paniculatum.

3. CONSULTATION

3.1 Advertising

The application was advertised by way of a sign on site and notices were sent to adjoining property owners and occupiers. A total of 16 objections were received and are summarised below:

Inconsistent with neighbourhood character and existing streetscape

· The application has been assessed against the Design and Development Overlay (Schedule 7) below at Section 4.1.2 of this report. The proposal is not considered to provide a positive contribution to and respect the existing character of the local area.

Loss of privacy, including overlooking and overshadowing

· A condition on any permit to issue can require details of all screening measures to ensure compliance with Clause 55.04-6 (overlooking objective) of the Knox Planning Scheme (screening to a minimum height of 1.7 metres from finished floor level in accordance with ResCode).

· Overshadowing to adjoining properties complies with ResCode Standard B21. The properties to the south will receive the amount and area of sunlight required to meet the Standard.


Removal of trees

· The proposal includes the removal of a Eucalyptus sideroxylon, Eucalyptus cephalocarpa, a Liquidambar styraciflua and Syzygium paniculatum. The Quercus robur within the front setback is to be retained. The assessment against the Significant Landscape Overlay (Schedule 3) and Vegetation Protection Overlay (Schedule 4) at Section 4.1.2 of this report provides an overview of the removal of vegetation. Of concern is the inability of the proposal to accommodate canopy tree planting to replace the removal of vegetation.

Increased noise

· The proposed development is not expected to create noise levels above that of typical residential environment.

Lack of opportunity for canopy tree planting and landscaping

· There are limited opportunities for canopy tree planting and landscaping.

Overcrowding

· The varies controls and policies that apply to the site do not provide maximum density or limits for the area to determine whether a proposal will contribute to overcrowding.

Overdevelopment

· The assessment of the proposal demonstrates inconsistencies with Local Planning Policy, the Overlays that apply to the land and ResCode, which indicate an overdevelopment of the land.

Insufficient parking for visitors, will create traffic congestion

· The ratio of car parking spaces complies with Clause 52.06 (car parking) of the Knox Planning Scheme. Each three (3) bedroom dwelling is provided with a double garage and there is one (1) visitor parking space. Therefore the ratio of resident and visitor car parking spaces complies with Clause 52.06.

· While there will be an increase in traffic generated, Bambury Street has the capacity to absorb this additional traffic. Council’s Traffic Engineers have not raised any concern with traffic generation as a result of this proposal.


Does not comply with Dandenong Foothills Policy

· An assessment of the proposal against Clause 22.01 (Dandenong Foothills Policy) is below at Section 4.2.2. The assessment demonstrates that the proposal does not comply with this Policy.

Increased stormwater runoff and flooding

· Council’s Drainage Engineers have not raised any concerns with the existing drainage infrastructure or required any upgrades to existing drainage infrastructure. A drainage engineering plan would be a requirement of any permit to issue, and will need to demonstrate that stormwater flows can be detained to the peak pre-development levels.

Vehicles will not be able to exit in a forwards direction

· Council’s Traffic Engineers have assessed the proposal and have determined that vehicles will be able to exit in a forward direction.

Does not comply with ResCode Standards

· An assessment of the proposal against ResCode is below at Section 4.4 of this report. The assessment demonstrates that the proposal does not meet all ResCode Standards.

3.2 Planning Consultative Committee Meeting

A Planning Consultative Committee (PCC) Meeting was held at the Civic Centre on 18 February 2014. Fifteen (15) people signed the attendance sheet at the meeting.

No outcomes were agreed upon, however a number of those in attendance noted that their concerns could be addressed by reducing the number of dwellings to a maximum of four (4) and providing a pitch roof form.

3.3 Referrals

The application has been referred to internal departments for comment. No objection has been raised. The following is a summary of relevant advice:

Traffic Engineer

· The proposed driveway is approximately 56m in length and provides access for 11 parking spaces. Developments with ten or more parking spaces where the driveway is over 50m long must provide a passing area at the entrance at least 5 metres wide and 7 metres long.


· When manoeuvring out of the garages for all units from the north wall, turning templates highlight that the vehicle will need to overhang the landscaping, which should be kept to a minimum in this area to allow for vehicle overhang.

Drainage Engineer

· Standard conditions to be included on any permit issued.

Arborist – Quercus robur

· The Syzygium smithii should be removed to provide more room for the Quercus robur. The first of the five double storey dwellings will be constructed 6.3 metres from the Quercus robur which represents a 0.7% loss of Tree Protection Zone (TPZ) area. The Australian Standard® AS 4970—2009 Protection of trees on Development Sites allows the 10% encroachment (minor encroachment) into a tree’s TPZ area so long as it is not within the Structural Root Zone (SRZ) area. The area lost (0.7%) to this encroachment is negligible and can be easily compensated within the front setback, east of the tree.

· The driveway will be constructed about 1 metre from the Quercus robur (west side of tree) which is well within the tree’s SRZ radius. A brick path will be constructed about 30cm from the Quercus robur (on the east side of the tree.) The brick path must be removed and constructed outside the tree’s SRZ and Zone of Rapid Taper (ZRT).

· The driveway encroaches into the tree’s SRZ and the TPZ radius. This represents a 41.2% loss of the TPZ area. The loss of TPZ area does not include the proposed brick path. The 41.2% loss of TPZ area due to the driveway is significant and it will have a deleterious effect on the health of the tree. It might be possible to construct a driveway that ‘bridges’ over the root system and TPZ area of the Quercus robur. The bridging system would need to be permeable/porous allowing oxygen and water to infiltrate the soil below the driveway where the roots grow and avoid excavation and keep the roots of the tree intact.

· The crown of the south side of the tree will need to be cut back. The extent to which branches and foliage are removed could be problematic considering the extent of pruning that has been carried out on the crown on the north side of the tree (to maintain power line clearance distances).


Waste Services

· Waste, recycling & hard waste collections can be undertaken kerbside on the naturestrip frontage of the property by Council.

City Futures

· The proposal does not adequately address the Knox Planning Scheme as amended under Amendment C95. It would appear that the development is an overdevelopment.

Asset Protection

· The existing single crossover is 2.8 metres wide must be widened to 3 metres. The lid in the double pit located on the left hand side of the crossover will need to be changed to a gatic lid as well as a grated junction pit to make part of the new crossover.

4. DISCUSSION

This section considers the proposed development in light of the provisions of the Knox Planning Scheme including State and Local Planning Policies, any other relevant policies and objectives.

4.1 Zoning and Overlays


4.1.1 Zone

The site is located within the Residential 1 Zone. Within the Residential 1 Zone (R1Z) a planning permit is required to construct more than one dwelling on a lot.

4.1.2 Overlays

Design and Development Overlay (Schedule 7)

The site is affected by the Design and Development Overlay (Schedule 7) which implements the Boronia Structure Plan. Under the provisions of the Overlay, a permit is required for buildings and works.


Residential development must reflect the Land Use Plan at Figure 1 of Clause 22.06 (Boronia Major Activity Centre Policy). The “Established Residential” Environs include locations which are not within convenient walking distance of the Boronia commercial environs and the Principal Public Transport Network.

· The subject site is located within an “Established Residential” environs within the Boronia Major Activity Centre.

To achieve the design objectives in the Schedule, any proposed development must meet the requirements contained within the Schedule. These include preferred and mandatory building heights, design standards, materials and colours, landscape design and signage.

· The site is located within a discretionary 7.5 metres maximum (two storey) building height area. The proposal at a maximum height of 6.7 metres complies with the maximum discretionary building height.

· The proposal is inconsistent with the design standards of the Overlay. Firstly, there are no ground level habitable room windows fronting Bambury Street (the bedroom window is obscured by a fence), reducing opportunities for passive surveillance and activation of Bambury Street. Secondly, the proposal will not contribute to the characteristics of the foothills or provide a positive contribution to and respect the existing character of the local area. This can be evidenced through the unrecessed, unarticulated first floors, high parapet and flat roofs, limited setbacks to boundaries at ground and first floors, dominance of garages and hardstand area, presentation to the street and inability to landscape with canopy trees and understorey plants

· A schedule of materials and colours would be a requirement of any permit to issue to ensure that colours are consistent with the requirements of the Boronia Structure Plan.

· Within the front setback there are opportunities for planting of canopy trees. However, throughout the proposed development, the minimal setbacks at ground level limit opportunities substantially, an easement along the rear boundary further limits landscaping, and there is minimal landscaping opportunities along the driveway.

Vegetation Protection Overlay (Schedule 4)

The aim of the VPO4 is to protect and retain the continuity of tree cover, with particular emphasis on indigenous species and large old native trees. A permit is required to remove, destroy or lop native vegetation and vegetation listed in Table 1 (subject to exemptions).


· A permit is required to remove the Eucalyptus sideroxylon and Eucalyptus cephalocarpa.

· The Eucalyptus sideroxylon is a healthy young tree with a height of 7 metres, canopy spread of 6 metres and Tree Protection Zone (TPZ) of 2.5 metres and is located to the rear of the property. The retention of this tree should be considered within the landscape.

· The Eucalyptus cephalocarpa is 12 metres high with a canopy spread of 10 metres and TPZ of 8.9 metres. Council’s Arborist has advised that the tree has a large wound, only half the crown remains, and grows on a lean to the north-west. It is not recommended for retention.

· While there is the ability to plant new canopy trees within the front setback, the proposal will not provide for canopy tree planting throughout the development to replace trees proposed to be removed.

Significant Landscape Overlay (Schedule 3)

The site is located within the Significant Landscape Overlay (Schedule 3) relating to the Dandenong Foothills: Lower Slope and Valley Area. The landscape character objectives to be achieved include ensuring that development is compatible with the scale and character of existing development, to maintain vegetation as a key element to the foothills landscape and to recognise the environmental and visual sensitivity of residential areas at the foothills of the Dandenong Ranges.

· The proposed development has not achieved the landscape character objectives of the Significant Landscape Overlay (Schedule 3). The proposed buildings are not compatible with the scale and character of existing development, which is evidenced through minimal side and rear boundary setbacks, the high parapet and flat roof of the first and second floors and attached unrecessed first floors with minimal side setbacks. The presentation to the street of Dwelling 1 could be improved considerably, with the only habitable room windows at ground floor obscured by a fence. While it is possible to accommodate canopy tree planting within the frontage, and minimal setbacks to boundaries and dominance of garages and hardstand along the internal accessway has provided very limited planting opportunities for canopy trees or understorey plants. The development is not considered to exhibit a high standard of architectural and landscape design.


A permit is required to construct a building, to carry out works, construct a fence, and to remove, destroy or lop a tree if the circumference of the trunk is more than 0.5 metre or the height of the tree is 5 metres or more. This does not apply to weed species listed in the schedule.

· A permit is required to construct a building and carry out works.

· A permit is required to remove the Syzygium smithii, Syzygium paniculatum, Liquidambar styraciflua, Eucalyptus sideroxylon and Eucalyptus cephalocarpa.

· The Quercus robur is shown to be retained. A permit would be required to remove, lop or destroy this tree pursuant to the Overlay.

· The Syzygium smithii has a height of 12 metres, canopy spread of 7 metres and TPZ of 3.7 metres. The tree grows within the Oak tree’s crown and Council’s Arborist has recommended it’s removal. This can be included as a condition on any permit to issue.

· The Syzygium paniculatum is a healthy tree with a height of 13 metres, canopy spread of 9 metres and TPZ of 4.2 metres. While not shown to be retained, this tree could be retained which would be a requirement of any permit to issue.

4.2 Policy Consideration

4.2.1 State Planning Policy Framework

State policy requires Council to integrate the range of policies relevant to the issues to be determined, and balance conflicting objectives in favour of net community benefit and sustainable development.

Key Policies:

Clause 15 Built Environment and Heritage – Encourages high quality architecture and urban design outcomes that reflect the particular characteristics, aspirations and cultural identity of the community; enhances liveability, diversity, amenity and safety of the public realm; and promotes attractiveness of towns and cities within broader strategic contexts.

· The proposed development will not make a positive contribution to or respect the existing character of the local area as outlined in the assessment against the objectives and design standards of the Design and Development Overlay (Schedule 7) at Section 4.1.2 of this report.


Clause 15.02 Sustainable Development – Ensure land use and development is consistent with the efficient use of energy and the minimisation of greenhouse gas emissions.

· Areas within the “Established Residential” environs are generally considered to be not within convenient walking distance of the Boronia commercial environs or the Principal Public Transport Network. The site is therefore not ideally located to allow convenient access to shops and services and car travel will remain the dominant form of transport.

· A Sustainable Design Assessment can be required as a condition on any permit to issue.

Clause 16 Housing – Encourage the development of well-designed medium-density housing that respects the neighbourhood character; improves housing choice; makes better use of existing infrastructure; and, improves energy efficiency of housing. Locate new housing in or close to activity centres and employment corridors and at other strategic development sites that offer good access to services and transport.

· Neighbourhood character - This is discussed in an earlier section of the report (Section 4.1.2).

· Housing choice – The proposal does not contribute to housing choice as all the dwellings are provided with three (3) bedrooms.

· Existing infrastructure – The site is located within a fully serviced area.

· Energy efficiency – A Sustainable Design Assessment can be required by condition on any permit to issue.

· Location – The site is located within an “Established Residential” environ and the Dandenong Foothills Policy area, where development opportunities are limited in order to achieve the broader landscape objectives of the Dandenong Foothills Policy and where new development must provide a positive contribution to and respect the existing character of the area.

Clause 18 Transport – Ensure that access is provided to all available modes of transport.

· The site is located 1,100 metres walking distance from Boronia Train Station and bus interchange which is serviced by Bus Routes No. 737, 745B, 753, 755, 691 and 690.


· Boronia Station is part of the Belgrave train line which travels directly through the eastern suburbs to Melbourne’s CBD and operates Monday to Saturday, 4.30am to 1.30am at various intervals and Sunday 6.00am to 12.00 am at various intervals.

· Route No. 690 from Croydon Station to Boronia Station via Kilsyth operates at various intervals from 5.49am to 9.26pm Monday to Friday, Saturday from 7.41am to 9.30pm, and Sunday from 9.00am to 9.26pm. This service can also be accessed from Albert Avenue, approximately 140 metres east of the site.

· Route No. 691 operates between Waverley Garden Shopping Centre and Boronia Railway Station between 5.22am and 9:59pm Monday to Friday, between 7.29am and 8pm Saturdays and Sundays at various intervals.

· Route No. 737 from Croydon Station to Glen Waverley via Knox City and Monash University operates at various intervals from 6.03am to 9.52pm Monday to Friday, Saturday from 6.10am to 9.52pm, and from 8.12am to 9.49pm on Sunday.

· Route No. 745B from Bayswater to Boronia operates two services between 2.45pm and 6.40pm Monday to Friday.

· Route No. 753 provides direct access between the Glen Waverley and Bayswater activity centres, and operates between 5:51am and 9:10pm Monday to Friday, between 7:37am and 9:25pm on Saturdays, and between 9:14am and 9pm on Sundays at various intervals.

· Route No. 755 from Bayswater to Knox City via The Basin, Boronia, Ferntree Gully operates between 6:07am and 9:19pm Monday to Friday, between 8:16am and 9:21pm Saturdays, and between 9:19am and 9:24pm on Sundays at various intervals.

4.2.2 Local Planning Policy Framework

Clause 21.05-2 Municipal Strategic Statement (MSS) The MSS seeks to reduce the prevalence of infill housing development in dispersed locations as a major form of housing development by promoting activity centres and key redevelopment strategic sites as the preferred location.


· The site is located in a Major Activity Centre, however Clause 22.06 identifies the site within the “Established Residential” environs of the Activity Centre. Within these areas development opportunities are limited in order to achieve the broader landscape objectives of the Dandenong Foothills Policy and new development must provide a positive contribution to and respect the existing character of the area, providing a transition in built form and contributing to the characteristics of the foothills.

The MSS further seeks to manage the need for more housing and maintaining the valued qualities of identified areas of environmental and character significance. The MSS supports development that respects the existing or preferred residential neighbourhood character.

· Policies seeking urban consolidation should not outweigh the clear policy direction for a proposal to provide a positive contribution to and respect the existing character of the local area. In addition, the Design and Development Overlay (Schedule 7) specifically limits development opportunities in order to achieve the broader landscape objectives and contribute to the characteristics of the Dandenong Foothills Policy.

· The proposal will not result in a development that respects the existing character of the local area, fails to achieve the landscape objectives of the Dandenong Foothills Policy and will not provide for a transition in built form or contribute to the characteristics of the foothills.

Clause 22.01 Dandenong Foothills – Dandenong Foothills: Lower Slope and Valley Area – The objectives of the Dandenong Foothills Policy are to ensure that the design and siting of buildings, works and landscaping protects and enhances the visual dominance of vegetation, including canopy trees and native understorey plants.

It is policy that:

The design and siting of buildings, works and landscaping minimises the threat associated with bushfire.

· The subject site is not located within an identified bushfire area.

The design and siting of buildings, works and landscaping protects and enhances the visual dominance of vegetation, including canopy trees and native understorey plants to ensure that:

· There is a continuous vegetation canopy across residential lots and roads.


· Development blends with vegetation on the hillsides to maintain and enhance the appearance of the area as an extension of the Dandenong Ranges National Park.

· Development does not rise above the tree canopy height to maintain the significant landscape character of the area and near and distant view lines.

· While the proposed development will not rise above the tree canopy height, the design does not provide the opportunities for landscaping including canopy trees and understorey plants to create a visual dominance of vegetation and continuous vegetation canopy to maintain the significant landscape character of the area.

Indigenous trees and understorey vegetation be retained and protected.

· The application proposes the removal of the Eucalyptus cephalocarpa, which Council’s Arborist has recommended for removal due to poor health.

A minimum of 80% of all new vegetation (both canopy trees and understorey) be indigenous.

· This can be a included as a condition of any permit to issue.

Building height does not exceed 7.5 metres.

· In accordance with both Clause 22.01 and the Design and Development Overlay Schedule 7, the maximum height of the proposed development will remain below the 7.5 metre height limit, which will result in the development not rising above the tree canopy height and intruding on near and distant view lines of the Foothills area.

Clause 22.06 Boronia Major Activity Centre Local Policy: This policy seeks to address a lack in availability of a variety of housing types within the Boronia Major Activity Centre, and identifies opportunities for higher density development within the centre to benefit from close proximity to social services and infrastructure.

· The site is located in the “Established Residential” environs within the Land Use Framework Plan, which includes locations which are not within convenient walking distance of the Boronia commercial environs or the Principal Public Transport Network.


Clause 22.10 Housing – Medium Density Housing: The Housing Policy at Clause 22.10-1 recognises that the population of Knox will grow by 12,000 persons and 15,000 households to 2030.

In response to this forecast, the Housing Policy directs the provision of a diversity of housing types and forms; housing that meets the needs of all groups within the community; accessible housing that is well designed and responsive to the local character and environment; and housing that recognises that the environment and landscape significance of the Dandenong Foothills outweighs the need for urban consolidation in the Foothills.

Before deciding on an application, the responsible authority will consider, as appropriate, whether:

Where an approved structure plan or urban design framework exists for an activity centre, then the location and design of high and medium density housing be guided by the plan or framework.

· The site is located within the Boronia Major Activity Centre. As such, any development will be guided by the Design and Development Overlay (Schedule 7). See Section 4.1.2 for this discussion.

The proposed development responds sensitively to the environmental and landscape features of the Dandenong Foothills.

· The proposal has not responded sensitively to the environmental and landscape features of the Dandenong Foothills. See assessment against the Dandenong Foothills Policy and Overlay controls at Sections 4.2.2 and 4.1.2 of this report.

The proposed development makes a positive contribution to the desired future urban fabric, amenity and neighbourhood character.

· The proposal does not make a positive contribution to the desired future urban fabric, amenity and neighbourhood character.

The proposed development will contribute to a diversity of housing in Knox.

· The proposed development proposes three bedroom dwellings which is not considered to contribute to a diversity of housing within Knox.


There is access to frequent public transport services between 6.00am and 11.00pm daily, seven days a week.

· The site does not have access to public transport that operates between 6.00am and 11.00pm daily, seven days a week.

The proposed development is consistent with a relevant endorsed structure plan or urban design framework.

· See assessment against the Design and Development Overlay (Schedule 7) at Section 4.1.2 of this report.

The proposed development makes a positive contribution to the desired future neighbourhood character as identified at Clause 22.07 Neighbourhood Character policy or an approved structure plan or urban design framework.


The proposed development respects the environmental and landscape significance of the Dandenong Foothills as identified at Clause 22.01 Dandenong Foothills policy.

· See assessment against the Dandenong Foothills Policy at Section 4.2.2 of this report.

4.3 Particular Provisions

Clause 52.06 Car Parking

Prior to a new use commencing or a new building being occupied the car parking spaces required under Clause 52.06-5 must be provided on the land or as approved under Clause 52.06-3 to the satisfaction of the responsible authority.

Clause 52.06-5 outlines the requisite amount of parking to be provided to each dwelling and any applicable visitor parking at a ratio of two car spaces to each three or more bedroom dwelling (with studies or studios that are separate rooms counted as a bedrooms) and one visitor space to every five dwellings for developments of five or more dwellings.

· The proposal satisfies the car parking provision for each dwelling, with two (2) car spaces (within a double garage) provided for each three (3) bedroom dwelling and one (1) visitor parking space.


Clause 52.06-8 details the design standards for car parking. The provision of car parking should meet the design requirements of this Clause. An assessment of the design standards, including any areas of non-compliance are considered below:

Design Standard 1: Accessways – Does not comply. A passing area should be provided at the entrance at least 5 metres wide and 7 metres long as the accessway serves ten or more car parking space and is more than 50 metres long. Should this be required, the Quercus robur would need to be removed.

Design Standard 2: Car Parking Spaces – Does not comply. The visitor parking space should provide a width of 3.2 metres to allow sufficient clearance.

Design Standard 3: Gradients – Complies.

Design Standard 4: Mechanical Parking – N/A.

Design Standard 5: Urban Design – Complies.

Design Standard 6: Safety – Complies.

Design Standard 7: Landscaping – Complies.

4.4 Clause 55 – Two or More Dwellings on a Lot and Residential Buildings (ResCode)

Neighbourhood Character and Infrastructure

Neighbourhood Character – Does not comply, refer to Section 4.2 above.

Residential Policy – Does not comply, refer to Section 4.2 above.

Dwelling Diversity – Complies.

Infrastructure – Complies.

Integration with the Street – Does not comply. The presentation of Dwelling 1 to Bambury Street could be improve considerably, with the only habitable room windows at ground level obscured by a fence.

Site Layout and Building Massing

Street Setback – Complies.

Building Height – Complies.

Site Coverage/Permeability – Complies.


Energy Efficiency – Can comply subject to the submission of a Sustainable Design Assessment to the satisfaction of the Responsible Authority.

Open Space – N/A.

Safety – Does not comply. The dominance of garages and recessed entries do not provide for visibility and surveillance of internal accessways or the visitor parking.

Landscaping – Does not comply. Setbacks to boundaries and limited landscaping along the driveway will not accommodate canopy trees and understorey planting and will therefore not make a positive contribution or respect the existing character of the local area.

Access – Complies.

Parking Location – Complies.

Amenity Impacts

Side and rear setbacks – Does not comply. The built form and scale of the proposed dwellings will not respect the character of adjoining properties and will not make a positive contribution to and respect the existing character of the local area, which generally comprises single and double storey dwellings and traditional detached or attached multi-dwelling development.

Walls on boundaries – Complies.

Daylight to existing windows/north facing windows – Complies.

North-facing Windows – Complies.

Overshadowing open space – Complies.

Overlooking – Can comply subject to conditions. A condition on any permit will require details of all screening measures to ensure compliance with Clause 55.04-6 (overlooking objective) of the Knox Planning Scheme (screening to a minimum height of 1.7 metres from finished floor level in accordance with ResCode) to be shown. This would apply to any habitable room windows, planter boxes and balconies.

Internal views – Complies.

Noise Impacts – Complies.


On-Site Amenity and Facilities

Accessibility – Complies.

Daylight to new windows – Complies.

Private Open Space – Complies.

Solar access – Complies.

Storage – Complies.

Detailed Design

Design Detail – Does not comply. The proposed dwellings will not make a positive contribution to or respect the existing character of the local area through unacceptable facade articulation and detailing (particularly to Bambury Street), roof form, eaves and parapets. Any proposal should incorporate a recessed and articulated first floor, habitable room windows fronting Bambury Street and a pitched roof form with eaves, similar to existing development within Bambury Street.

Common Property – Complies.

Site Services – Complies.

Front fence – Complies, no front fence proposed.

4.5 General Decision Guidelines

Clause 65 of the Knox Planning Scheme and Section 60 of the Planning and Environment Act 1987 set out decision guidelines/matters which the responsible authority must consider when deciding any planning application.

· The decision guidelines of Clause 65 of the Knox Planning Scheme and Section 60 of the Planning and Environment Act (1987) have been appropriately considered.

5. CONCLUSION

Clause 10.04 of the Knox Planning Scheme requires Council to balance relative policy objectives when making decisions to ensure resulting development is sustainable and achieves a net community gain. In this context, the development is inappropriate given the following:

· The proposed development is not consistent with Clause 15 (Built Environment and Heritage), Clause 16 (Housing), Clause 21.05 (Municipal Strategic Statement), Clause 22.01 (Dandenong Foothills Policy) and Clause 22.10 (Housing) of the Knox Planning Scheme.


· The proposal is inconsistent with the Significant Landscape Overlay (Schedule 3) and the Vegetation Protection Overlay (Schedule 4).

· The proposal is inconsistent with the policy direction, objectives and standards of the Design and Development Overlay (Schedule 7).

· The proposed development will not make a positive contribution to and respect the existing character of the local area, and will result in unreasonable amenity impacts to adjoining properties.

· The development demonstrates non-compliance with the objectives and Standards of Clause 55 (ResCode) and Clause 52.06 (Car Parking) of the Knox Planning Scheme.

6. CONFIDENTIALITY

There are no confidentiality issues associated with this report.

RECOMMENDATION

That Council issue a Notice of Refusal to develop the land for five (5) double storey dwellings and removal of vegetation at 34 Bambury Street, Boronia, subject to the following grounds of refusal:

1. The proposed development is inconsistent with State Planning Policy, specifically Clause 15 (Built Environment and Heritage) and Clause 16 (Housing).

2. The proposal does not comply with Clause 21.05 (Municipal Strategic Statement).

3. The proposal does not comply with Clause 22.01 (Dandenong Foothills Policy) and Clause 22.10 (Housing Policy).

4. The built form and landscaping opportunities of the proposed development do not comply with the policy direction, objectives and standards of the Design and Development Overlay (Schedule 7).

5. The proposal does not comply with the landscape character objectives of the Significant Landscape Overlay (Schedule 3) and vegetation protection objectives of the Vegetation Protection Overlay (Schedule 4).


Recommendation (cont’d)

6. The proposal does not meet the standards and objectives of ResCode, specifically; Standard B1 (Neighbourhood Character), Standard B2 (Residential Policy), Standard B5 (Integration with the Street), Standard B12 (Safety), Standard B13 (Landscaping), Standard B14 (Access), Standard B17 (Side and Rear Setbacks) and Standard B32 (Design Detail).

7. The proposal has not provided a passing area and the width of the visitor parking space does not provide sufficient clearance in accordance with Clause 52.06-8 (Design standards for car parking).

8. The proposed development will result in unreasonable amenity impacts to adjoining properties.

9. The proposal is an overdevelopment of the land.

COUNCIL RESOLUTION MOVED: CR. MORTIMORE SECONDED: CR. HOLLAND That the recommendation be adopted. CARRIED


CHANDLER WARD

6.3 APPLICATION TO DEVELOP THE LAND FOR SIX (6) DOUBLE STOREY DWELLINGS AND REMOVAL OF VEGETATION AT 34 BAMBURY STREET, BORONIA Melway Ref. 65 B8 (Application No. P2013/6689)

1. SUMMARY:

Land: 34 Bambury Street, Boronia Applicant: Peter Brown Architects Pty Ltd Proposed Development: The construction of six (6) double storey

dwellings and removal of vegetation Existing Land Use: Single Dwelling Area/Density: 1021m2 / 1:170m2 Zoning: Residential 1 Zone Overlays: Vegetation Protection Overlay

(Schedule 4) Significant Landscape Overlay (Schedule 3) Design and Development Overlay (Schedule 7)

Local Policy: Municipal Strategic Statement (MSS) Boronia Activity Centre Local Policy Dandenong Foothills Policy Housing Policy

Application Received: 26 September 2013 Number of Objections: 16 PCC Meeting: 18 February 2014 Assessment:

The proposal demonstrates fundamental inconsistencies with Council’s Municipal Strategic Statement, Dandenong Foothills Policy and Housing Policy.

The proposal does not comply with ResCode and the design standards of Clause 52.06 (car parking).

The proposal also fails to achieve the objectives of the Design and Development Overlay (Schedule 7), the Significant Landscape Overlay (Schedule 3) and the Vegetation Protection Overlay (Schedule 4).

On balance it is considered that the proposal does not respond to State and Local Planning Policies and it is recommended that Council issue a Notice of Decision to Refuse a Planning Permit.


2. BACKGROUND

2.1 Planning Scheme Amendments

Amendment C133 proposes to permanently incorporate controls that were approved on an interim basis under Amendment C95. Amendment C95 modified Clause 22.06 and the Design and Development Overlay (Schedule 7), by making minor wording changes to provide clearer guidance on desired built form outcomes within the Boronia Major Activity Centre. Amendment C95 was approved by the Minister on 21 November 2013. Amendment C133 has recently completed the public notification process.

Amendment C131 proposes to implement the findings of the Knox Housing Strategy 2013, the Knox Residential Guidelines, the Rowville Plan (2013) and the new residential zones. Amendment C131 has recently completed the public notification process. Amendment C131 is not a ‘seriously entertained proposal’ at this time, and no weight has been given to the Knox Housing Strategy in the assessment of this application.

2.2 Previous Application

Planning Application No 2011/6081 for the development of the land for seven (7) double storey dwellings was refused by Council on 27 September 2011. Council’s decision was appealed and the Victorian Civil and Administrative Tribunal (VCAT) upheld Council’s decision and determined to refuse the application on 19 October 2012 (prior to approval of Amendment C95).

In determining to refuse the application, the Tribunal found that any development on the land should make a positive contribution to the area, taking into consideration both sides of Bambury Street and that any proposal must reflect the scale and density of the area, with appropriate opportunities for landscaping. The following were reasons given by the Tribunal that the proposal failed:

· The extent of built form down the lot;

· The location of the site in an area specified as being outside convenient walking distances to the local amenities;

· The lack of landscaping opportunities;

· And to a lesser degree, the apartment style of the building.

It is considered that the current proposal has not responded adequately to the matters contained within the Tribunal’s decision. There have also been further decisions by the Tribunal that highlight the importance of landscape character and the ability to accommodate canopy tree planting for developments within Bambury Street.


2.3 Current Applications

Planning Permit No P2013/6592 for the development of the land for five double storey dwellings and removal of vegetation is being considered concurrently with this application.

2.4 Subject Site and Surrounds

The location of the subject site is shown in Appendix A.

· The subject site is located on the southern side of Bambury Street, Boronia. The site has an overall area of 1021m2 with a frontage to Bambury Street of 17.83 metres and a depth of 57.28 metres. A single storey weatherboard dwelling currently exists on the site and there is a 1 metre fall from south to north.

· The subject site adjoins residential properties to the east and west, with the southern (rear) boundary abutting the Boronia Primary School. On the opposite side of Bambury Street, properties are developed for residential purposes. Dwellings in the immediate area are single and double storey of brick and weatherboard construction. The subject site is located within the Boronia Major Activity Centre.

· The subject site contains six (6) trees including a Quercus robur within the front setback and a Eucalyptus sideroxylon and Eucalyptus cephalocarpa within the rear yard.

2.5 The Proposal

(Refer to attached plans at Appendix B)

The application proposes to construct six (6) double storey dwellings. Details are as follows:

· The dwellings have a maximum height of 6.45 metres.

· Dwelling 1 will be setback 7.5 metres from Bambury Street. The dwellings are to be constructed in a tandem arrangement, with Dwellings 1 and 2 attached, a separation of 1.295 metres to Dwellings 3 and 4 a separation of three (3) metres to Dwellings 5 and 6. The setback to the eastern boundary is to be a minimum of 1 metre, 5.8 metres to the western boundary and a minimum 1.6 metres to the southern (rear) boundary.

· Dwelling 1 is provided with two (2) bedrooms, and Dwellings 2 to 6 are provided with three (3) bedrooms. Dwelling 1 contains an entrance, open study and one (1) bedroom and bathroom at ground level, with a bedroom and open living/dining/kitchen at first floor. Dwellings 2 to 6 contain an entrance, bedroom and bathroom at ground level, with two (2) bedrooms and open living/dining/kitchen at first floor. All dwellings are provided with balcony private open space at the first floor.


· Vehicle access is provided along the western boundary to the internal accessway. Dwelling 1 is provided with a single garage while Dwellings 2 to 6 are provided with a double garage. A visitor parking space is provided between Dwellings 4 and 5.

· The dwellings are provided with a flat roof to the first floor, a combination of a flat and pitched roof to the ground level, brickwork to ground level and combination of weatherboard and render to the first floor.

· The Quercus robur and the Syzygium smithii within the front setback are to be retained. All other vegetation is to be removed including a Eucalyptus sideroxylon, Eucalyptus cephalocarpa, Liquidambar styraciflua and Syzygium paniculatum.

3. CONSULTATION

3.1 Advertising

The application was advertised by way of a sign on site and notices were sent to adjoining property owners and occupiers. A total of 16 objections were received and are summarised below:

Inconsistent with neighbourhood character and existing streetscape

· The application has been assessed against the Design and Development Overlay Schedule 7 and below at Sections 4.1.2. The proposal is not considered to provide a positive contribution to and respect the existing character of the local area.

Loss of privacy, including overlooking and overshadowing

· A condition on any permit to issue can require details of all screening measures to ensure compliance with Clause 55.04-6 (overlooking objective) of the Knox Planning Scheme (screening to a minimum height of 1.7 metres from finished floor level in accordance with ResCode).

· Overshadowing to adjoining properties complies with ResCode Standard B21. The properties to the south will receive the amount and area of sunlight required to meet the Standard.

Removal of trees

· The proposal includes the removal of a Eucalyptus sideroxylon, Eucalyptus cephalocarpa, a Liquidambar styraciflua and Syzygium paniculatum. The Quercus robur within the front setback is to be retained, however Council’s Arborist has raised concerns with its retention and encroachments into the Tree Protection Zone of the tree. The assessment against the Significant Landscape Overlay (Schedule 3) and Vegetation Protection Overlay (Schedule 4) at Section 4.1.2 of this report provides an overview of the removal of vegetation. Of concern is the inability of the proposal to accommodate canopy tree planting to replace the removal of vegetation.


Increased noise

· The proposed development is not expected to create noise levels above that of typical residential environment.

Lack of opportunity for canopy tree planting and landscaping

· There are limited opportunities for canopy tree planting and landscaping.

Overcrowding

· The varies controls and policies that apply to the site do not provide maximum density or limits for the area to determine whether a proposal will contribute to overcrowding.

Overdevelopment

· The assessment of the proposal demonstrates inconsistencies with Local Planning Policy, the Overlays that apply to the land and ResCode, which indicate an overdevelopment of the land.

Insufficient parking for visitors, will create traffic congestion

· The ratio of car parking spaces complies with Clause 52.06 (car parking) of the Knox Planning Scheme. The two (2) bedroom dwelling is provided with a single garage and each three (3) bedroom dwelling is provided with a double garage. There is one (1) visitor parking space between Dwelling 4 and 5. Therefore the ratio of resident and visitor car parking spaces complies with Clause 52.06.

· While there will be an increase in traffic generated, Bambury Street has the capacity to absorb this additional traffic. Council’s Traffic Engineers have not raised any concern with traffic generation as a result of this proposal.

Does not comply with Dandenong Foothills Policy

· An assessment of the proposal against Clause 22.01 (Dandenong Foothills Policy) is below at Section 4.2.2. The assessment demonstrates that the proposal does not comply with this Policy.

Increased stormwater runoff and flooding

· Council’s Drainage Engineers have not raised any concerns with the existing drainage infrastructure or required any upgrades to existing drainage infrastructure. A drainage engineering plan would be a requirement of any permit to issue, and will need to demonstrate that stormwater flows can be detained to the peak pre-development levels.


Vehicles will not be able to exit in a forwards direction

· Council’s Traffic Engineers have assessed the proposal and have determined that vehicles will be able to exit in a forward direction.

Does not comply with ResCode Standards

· An assessment of the proposal against ResCode is below at Section 4.4 of this report. The assessment demonstrates that the proposal does not meet all ResCode Standards.

3.2 Planning Consultative Committee Meeting

A Planning Consultative Committee (PCC) Meeting was held at the Civic Centre on 18 February 2014. Fifteen (15) people signed the attendance sheet at the meeting.

No outcomes were agreed upon, however a number of those in attendance noted that their concerns could be addressed by reducing the number of dwellings to a maximum of four (4) and providing a pitch roof form.

3.3 Referrals

The application has been referred to internal departments for comment. No objection has been raised. The following is a summary of relevant advice:

Traffic Engineer

· The proposed driveway is approximately 56m in length and provides access for 12 parking spaces. Developments with ten or more parking spaces where the driveway is over 50m long must provide a passing area at the entrance at least 5 metres wide and 7 metres long.

· When manoeuvring out of the garages for units 2-6 from the north wall, turning templates highlight that the vehicle will need to overhang the landscaping, which should be kept to a minimum in this area to allow for vehicle overhang.

Drainage Engineer

· Standard conditions to be included on any permit issued.


Arborist – Quercus robur

· The Syzygium smithii should be removed to provide more room for the Quercus robur. The first of the six double storey dwellings will be constructed 5 metres from the Quercus robur which represents the 10% Tree Protection Zone (TPZ) encroachment radius. The Australian Standard® AS 4970—2009 Protection of trees on Development Sites allows the 10% encroachment (minor encroachment) into a tree’s TPZ area so long as it is not within the Structural Root Zone (SRZ) area. The area lost to this encroachment must be compensated elsewhere and be contiguous with the TPZ. The only area available to compensate for the 10% encroachment is within the front setback east of the tree.

· The driveway will be constructed about 1 metre from the Quercus robur (west side of tree) which is well within the tree’s SRZ radius. A brick path will be constructed about 20cm from the Quercus robur (on the east side of the tree.) The brick path must be removed and constructed outside the tree’s SRZ and Zone of Rapid Taper (ZRT).

· The driveway encroaches into the tree’s SRZ radius, the 10% encroachment radius and the TPZ radius. This represents a 41.2% loss of the TPZ area. The building constructed at the 10% encroachment radius of 5 metres represents a 6% loss of the TPZ area. The loss of TPZ area does not include the proposed path. It is considered that the encroachments will be detrimental to the Quercus robur and impact on the health of the tree.

· The crown of the south side of the tree will need to be cut back over the two storey building (and scaffolding works) which is also problematic considering the extent of pruning that has been carried out on the crown on the north side of the tree (to maintain power line clearance distances).

Waste Services

· Waste, recycling & hard waste collections can be undertaken kerbside on the naturestrip frontage of the property by Council.

City Futures

· The proposal does not adequately address the Knox Planning Scheme as amended under Amendment C95. It would appear that the development is an overdevelopment.


Asset Protection

· The existing single crossover is 2.8 metres wide must be widened to 3 metres. The lid in the double pit located on the left hand side of the crossover will need to be changed to a gatic lid as well as a grated junction pit to make part of the new crossover.

4. DISCUSSION


4.1 Zoning and Overlays


4.1.1 Zone

The site is located within the Residential 1 Zone. Within the Residential 1 Zone (R1Z) a planning permit is required to construct more than one dwelling on a lot.

4.1.2 Overlays

Design and Development Overlay (Schedule 7)

The site is affected by the Design and Development Overlay (Schedule 7) which implements the Boronia Structure Plan. Under the provisions of the Overlay, a permit is required for buildings and works.

Residential development must reflect the Land Use Plan at Figure 1 of Clause 22.06 (Boronia Major Activity Centre Policy). The “Established Residential” Environs include locations which are not within convenient walking distance of the Boronia commercial environs and the Principal Public Transport Network.

· The subject site is located within the “Established Residential” environs within the Boronia Major Activity Centre.


To achieve the design objectives in the Schedule, any proposed development must meet the requirements contained within the Schedule. These include preferred and mandatory building heights, design standards, materials and colours, landscape design and signage.

· The site is located within a discretionary 7.5 metres maximum (two storey) building height area. The proposal at a maximum height of 6.45 metres complies with the maximum discretionary building height.

· The proposal is inconsistent with the design standards of the Overlay. Firstly, there are limited ground level habitable room windows fronting Bambury Street reducing opportunities for passive surveillance and activation of Bambury Street. Secondly, the proposal will not contribute to the characteristics of the foothills or provide a positive contribution to and respect the existing character of the local area. This can be evidenced through the unrecessed, unarticulated first floors, high parapet and flat roofs, limited setbacks to boundaries at ground and first floors, dominance of garages and hardstand area, reduced front setback, impacts to the Quercus robur, presentation to the street and inability to landscape with canopy trees and understorey plants throughout the site.

· A schedule of materials and colours would be a requirement of any permit to issue to ensure that colours are consistent with the requirements of the Boronia Structure Plan.

· Within the front setback there are opportunities for planting of canopy trees. However, throughout the proposed development, the minimal setbacks at ground level limit opportunities substantially, an easement along the rear boundary further limits landscaping, and there is minimal landscaping opportunities along the driveway. In addition, Council’s Arborist has raised concerns with encroachments into the Tree Protection Zone of the Oak tree, and the ability of the tree to be retained.

Vegetation Protection Overlay (Schedule 4)

The aim of the Vegetation Protection Overlay (Schedule 4) is to protect and retain the continuity of tree cover, with particular emphasis on indigenous species and large old native trees. A permit is required to remove, destroy or lop native vegetation and vegetation listed in Table 1 (subject to exemptions).

· A permit is required to remove the Eucalyptus sideroxylon and Eucalyptus cephalocarpa.


· The Eucalyptus sideroxylon is a healthy young tree with a height of 7 metres, canopy spread of 6 metres and Tree Protection Zone (TPZ) of 2.5 metres and is located to the rear of the property. The retention of this tree should be considered within the landscape.

· The Eucalyptus cephalocarpa is 12 metres with a canopy spread of 10 metres and TPZ of 8.9 metres. Council’s Arborist has advised that the tree has a large wound, only half the crown remains, and grows on a lean to the north-west. It is not recommended for retention.

· While there is the ability to plant new canopy trees within the front setback, the proposal will not provide for canopy tree planting throughout the development to replace trees proposed to be removed.

Significant Landscape Overlay (Schedule 3)

The site is located within the Significant Landscape Overlay (Schedule 3) relating to the Dandenong Foothills: Lower Slope and Valley Area. The landscape character objectives to be achieved include ensuring that development is compatible with the scale and character of existing development, to maintain vegetation as a key element to the foothills landscape and to recognise the environmental and visual sensitivity of residential areas at the foothills of the Dandenong Ranges.

· The proposed development has not achieved the landscape character objectives of the Significant Landscape Overlay (Schedule 3). The proposed buildings are not compatible with the scale and character of existing development, which is evidenced through minimal side and rear boundary setbacks, the high parapet and flat roof of the first and second floors and attached unrecessed first floors with minimal side setbacks. The presentation to the street of Dwelling 1 could be improved considerably, with the only one habitable room window at ground floor. While it is possible to accommodate canopy tree planting within the frontage, and minimal setbacks to boundaries and dominance of garages and hardstand along the internal accessway has provided very limited planting opportunities for canopy trees or understorey plants. The development is not considered to exhibit a high standard of architectural and landscape design.


A permit is required to construct a building, to carry out works, construct a fence, and to remove, destroy or lop a tree if the circumference of the trunk is more than 0.5 metre or the height of the tree is 5 metres or more. This does not apply to weed species listed in the schedule.

· A permit is required to construct a building and carry out works.

· A permit is required to remove the Syzygium smithii, Syzygium paniculatum, Liquidambar styraciflua, Eucalyptus sideroxylon and Eucalyptus cephalocarpa.

· The Quercus robur is shown to be retained. A permit would be required to remove, lop or destroy this tree pursuant to the Overlay. Council’s Arborist has raised concerns with the encroachments into the Tree Protection Zone of this tree, and ability for its retention.

· The Syzygium smithii has a height of 12 metres, canopy spread of 7 metres and TPZ of 3.7 metres. The tree grows within the Oak tree’s crown and Council’s Arborist has recommended it’s removal. This can be included as a condition on any permit to issue.

· The Syzygium paniculatum is a healthy tree with a height of 13 metres, canopy spread of 9 metres and TPZ of 4.2 metres. While not shown to be retained, this tree could be retained which would be a requirement of any permit to issue.

4.2 Policy Consideration

4.2.1 State Planning Policy Framework

State policy requires Council to integrate the range of policies relevant to the issues to be determined, and balance conflicting objectives in favour of net community benefit and sustainable development.

Key Policies:

Clause 15 Built Environment and Heritage – Encourages high quality architecture and urban design outcomes that reflect the particular characteristics, aspirations and cultural identity of the community; enhances liveability, diversity, amenity and safety of the public realm; and promotes attractiveness of towns and cities within broader strategic contexts.

· The proposed development will not make a positive contribution to or respect the existing character of the local area as outlined in the assessment against the objectives and design standards of the Design and Development Overlay (Schedule 7) at Section 4.1.2 of this report.


Clause 15.02 Sustainable Development – Ensure land use and development is consistent with the efficient use of energy and the minimisation of greenhouse gas emissions.

· Areas within the “Established Residential” environs are generally considered to be not within convenient walking distance of the Boronia commercial environs or the Principal Public Transport Network. The site is therefore not ideally located to allow convenient access to shops and services and car travel will remain the dominant form of transport.

· A Sustainable Design Assessment can be required as a condition on any permit to issue.

Clause 16 Housing – Encourage the development of well-designed medium-density housing that respects the neighbourhood character; improves housing choice; makes better use of existing infrastructure; and, improves energy efficiency of housing. Locate new housing in or close to activity centres and employment corridors and at other strategic development sites that offer good access to services and transport.

· Neighbourhood character - This is discussed in an earlier section of the report (Section 4.1.2).

· Housing choice – The proposal contributes to housing choice as two (2) and three (3) bedroom dwellings are proposed.

· Existing infrastructure – The site is located within a fully serviced area.

· Energy efficiency – A Sustainable Design Assessment can be required by condition on any permit to issue.

· Location – The site is located within an “Established Residential” environ and the Dandenong Foothills Policy area, where development opportunities are limited in order to achieve the broader landscape objectives of the Dandenong Foothills Policy and where new development must provide a positive contribution to and respect the existing character of the area.

Clause 18 Transport – Ensure that access is provided to all available modes of transport.

· The site is located 1,100 metres walking distance from Boronia Train Station and bus interchange which is serviced by Bus Routes No. 737, 745B, 753, 755, 691 and 690.


· Boronia Station is part of the Belgrave train line which travels directly through the eastern suburbs to Melbourne’s CBD and operates Monday to Saturday, 4.30am to 1.30am at various intervals and Sunday 6.00am to 12.00 am at various intervals.

· Route No. 690 from Croydon Station to Boronia Station via Kilsyth operates at various intervals from 5.49am to 9.26pm Monday to Friday, Saturday from 7.41am to 9.30pm, and Sunday from 9.00am to 9.26pm. This service can also be accessed from Albert Avenue, approximately 140 metres east of the site.

· Route No. 691 operates between Waverley Garden Shopping Centre and Boronia Railway Station between 5.22am and 9:59pm Monday to Friday, between 7.29am and 8pm Saturdays and Sundays at various intervals.

· Route No. 737 from Croydon Station to Glen Waverley via Knox City and Monash University operates at various intervals from 6.03am to 9.52pm Monday to Friday, Saturday from 6.10am to 9.52pm, and from 8.12am to 9.49pm on Sunday.

· Route No. 745B from Bayswater to Boronia operates two services between 2.45pm and 6.40pm Monday to Friday.

· Route No. 753 provides direct access between the Glen Waverley and Bayswater activity centres, and operates between 5:51am and 9:10pm Monday to Friday, between 7:37am and 9:25pm on Saturdays, and between 9:14am and 9pm on Sundays at various intervals.

· Route No. 755 from Bayswater to Knox City via The Basin, Boronia, Ferntree Gully operates between 6:07am and 9:19pm Monday to Friday, between 8:16am and 9:21pm Saturdays, and between 9:19am and 9:24pm on Sundays at various intervals.

4.2.2 Local Planning Policy Framework

Clause 21.05-2 Municipal Strategic Statement (MSS) The MSS seeks to reduce the prevalence of infill housing development in dispersed locations as a major form of housing development by promoting activity centres and key redevelopment strategic sites as the preferred location.

· The site is located in a Major Activity Centre, however Clause 22.06 identifies the site within the “Established Residential” environs of the Activity Centre. Within these areas development opportunities are limited in order to achieve the broader landscape objectives of the Dandenong Foothills Policy and new development must provide a positive contribution to and respect the existing character of the area, providing a transition in built form and contributing to the characteristics of the foothills.


The MSS further seeks to manage the need for more housing and maintaining the valued qualities of identified areas of environmental and character significance. The MSS supports development that respects the existing or preferred residential neighbourhood character.

· Policies seeking urban consolidation should not outweigh the clear policy direction for a proposal to provide a positive contribution to and respect the existing character of the local area. In addition, the Design and Development Overlay (Schedule 7) specifically limits development opportunities in order to achieve the broader landscape objectives and contribute to the characteristics of the Dandenong Foothills Policy.

· The proposal will not result in a development that respects the existing character of the local area, fails to achieve the landscape objectives of the Dandenong Foothills Policy and will not provide for a transition in built form or contribute to the characteristics of the foothills.

Clause 22.01 Dandenong Foothills – Dandenong Foothills: Lower Slope and Valley Area – The objectives of the Dandenong Foothills Policy are to ensure that the design and siting of buildings, works and landscaping protects and enhances the visual dominance of vegetation, including canopy trees and native understorey plants.

It is policy that:

The design and siting of buildings, works and landscaping minimises the threat associated with bushfire.

· The subject site is not located within an identified bushfire area.

The design and siting of buildings, works and landscaping protects and enhances the visual dominance of vegetation, including canopy trees and native understorey plants to ensure that:

· There is a continuous vegetation canopy across residential lots and roads.

· Development blends with vegetation on the hillsides to maintain and enhance the appearance of the area as an extension of the Dandenong Ranges National Park.

· Development does not rise above the tree canopy height to


· maintain the significant landscape character of the area and near and distant view lines.

· While the proposed development will not rise above the tree canopy height, the design does not provide the opportunities for landscaping including canopy trees and understorey plants to create a visual dominance of vegetation and continuous vegetation canopy to maintain the significant landscape character of the area.

Indigenous trees and understorey vegetation be retained and protected.

· The application proposes the removal of the Eucalyptus cephalocarpa, which Council’s Arborist has recommended for removal due to poor health.

A minimum of 80% of all new vegetation (both canopy trees and understorey) be indigenous.

· This can be a included as a condition of any permit to issue.

Building height does not exceed 7.5 metres.

· In accordance with both Clause 22.01 and the Design and Development Overlay Schedule 7, the maximum height of the proposed development will remain below the 7.5 metre height limit, which will result in the development not rising above the tree canopy height and intruding on near and distant view lines of the Foothills area.

Clause 22.06 Boronia Major Activity Centre Local Policy: This policy seeks to address a lack in availability of a variety of housing types within the Boronia Major Activity Centre, and identifies opportunities for higher density development within the centre to benefit from close proximity to social services and infrastructure.

· The site is located in the “Established Residential” environs within the Land Use Framework Plan, which includes locations which are not within convenient walking distance of the Boronia commercial environs or the Principal Public Transport Network.


Clause 22.10 Housing – Medium Density Housing: The Housing Policy at Clause 22.10-1 recognises that the population of Knox will grow by 12,000 persons and 15,000 households to 2030.

In response to this forecast, the Housing Policy directs the provision of a diversity of housing types and forms; housing that meets the needs of all groups within the community; accessible housing that is well designed and responsive to the local character and environment; and housing that recognises that the environment and landscape significance of the Dandenong Foothills outweighs the need for urban consolidation in the Foothills.

Before deciding on an application, the responsible authority will consider, as appropriate, whether:

Where an approved structure plan or urban design framework exists for an activity centre, then the location and design of high and medium density housing be guided by the plan or framework.

· The site is located within the Boronia Major Activity Centre. As such, any development will be guided by the Design and Development Overlay (Schedule 7). See Section 4.1.2 for this discussion.

The proposed development responds sensitively to the environmental and landscape features of the Dandenong Foothills.

· The proposal has not responded sensitively to the environmental and landscape features of the Dandenong Foothills. See assessment against the Dandenong Foothills Policy and Overlay controls at Sections 4.2.2 and 4.1.2 of this report.

The proposed development makes a positive contribution to the desired future urban fabric, amenity and neighbourhood character.

· The proposal does not make a positive contribution to the desired future urban fabric, amenity and neighbourhood character.

The proposed development will contribute to a diversity of housing in Knox.

· The proposed development proposes two and three bedroom dwellings, which will contribute to a diversity of housing within Knox.


There is access to frequent public transport services between 6.00am and 11.00pm daily, seven days a week.

· The site does not have access to public transport that operates between 6.00am and 11.00pm daily, seven days a week.

The proposed development is consistent with a relevant endorsed structure plan or urban design framework.


The proposed development makes a positive contribution to the desired future neighbourhood character as identified at Clause 22.07 Neighbourhood Character policy or an approved structure plan or urban design framework.


The proposed development respects the environmental and landscape significance of the Dandenong Foothills as identified at Clause 22.01 Dandenong Foothills policy.

· See assessment against the Dandenong Foothills Policy at Section 4.2.2 of this report.

4.3 Particular Provisions

Clause 52.06 Car Parking

Prior to a new use commencing or a new building being occupied the car parking spaces required under Clause 52.06-5 must be provided on the land or as approved under Clause 52.06-3 to the satisfaction of the responsible authority.

Clause 52.06-5 outlines the requisite amount of parking to be provided to each dwelling and any applicable visitor parking at a ratio of two car spaces to each three or more bedroom dwelling (with studies or studios that are separate rooms counted as a bedrooms) and one visitor space to every five dwellings for developments of five or more dwellings.

· The proposal satisfies the car parking provision for each dwelling, with a one (1) space for the two bedroom dwelling (within a single garage) and two (2) car spaces (within a double garage) provided for each three (3) bedroom dwelling. One (1) visitor parking space satisfies the requirement for visitor parking.


Clause 52.06-8 details the design standards for car parking. The provision of car parking should meet the design requirements of this Clause. An assessment of the design standards, including any areas of non-compliance are considered below:

Design Standard 1: Accessways – Does not comply. A passing area should be provided at the entrance at least 5 metres wide and 7 metres long as the accessway serves ten or more car parking space and is more than 50 metres long. Should this be required, the Quercus robur would need to be removed.

Design Standard 2: Car Parking Spaces – Does not comply. The visitor parking space should provide a width of 3.2 metres to allow sufficient clearance.

Design Standard 3: Gradients – Complies.

Design Standard 4: Mechanical Parking – N/A.

Design Standard 5: Urban Design – Complies.

Design Standard 6: Safety – Complies.

Design Standard 7: Landscaping – Complies.

4.4 Clause 55 – Two or More Dwellings on a Lot and Residential Buildings (ResCode)

Neighbourhood Character and Infrastructure

Neighbourhood Character – Does not comply, refer to Section 4.2 above.

Residential Policy – Does not comply, refer to Section 4.2 above.

Dwelling Diversity – Complies.

Infrastructure – Complies.

Integration with the Street – Does not comply. The presentation of Dwelling 1 to Bambury Street could be improve considerably, with the only habitable room windows at ground level obscured by a fence.


Site Layout and Building Massing

Street Setback – Does not comply. The proposed setback at 7.5 metres does not comply with the minimum 9 metre setback required by the ResCode Standard. The reduced setback is inconsistent with existing setbacks within the immediate area and contrary to the clear direction in the Victorian Civil and Administrative Tribunal decision on the previous application. The reduced setback also encroaches into the Tree Protection Zone of the Oak tree impacting on the viability of the tree and its potential for long-term retention. It is considered that the variation to the minimum front setback does not contribute to or respect the existing neighbourhood character.

Building Height – Complies.

Site Coverage/Permeability – Complies.

Energy Efficiency – Can comply subject to the submission of a Sustainable Design Assessment to the satisfaction of the Responsible Authority.

Open Space – N/A.

Safety – Does not comply. The dominance of garages and recessed entries do not provide for visibility and surveillance of internal accessways or the visitor parking.

Landscaping – Does not comply. Setbacks to boundaries and limited landscaping along the internal accessway will not accommodate canopy trees and understorey planting and will therefore not make a positive contribution to or respect the existing character of the local area.

Access – Complies.

Parking Location – Complies.

Amenity Impacts

Side and rear setbacks – Does not comply. The built form and scale of the proposed dwellings will not respect the character of adjoining properties and will not make a positive contribution to and respect the existing character of the local area, which generally comprises single and double storey dwellings and traditional detached or attached multi-dwelling development.

Walls on boundaries – Complies.

Daylight to existing windows/north facing windows – Complies.

North-facing Windows – Complies.

Overshadowing open space – Complies.


Overlooking – Can comply subject to conditions. A condition on any permit will require details of all screening measures to ensure compliance with Clause 55.04-6 (overlooking objective) of the Knox Planning Scheme (screening to a minimum height of 1.7 metres from finished floor level in accordance with ResCode) to be shown. This would apply to any habitable room windows, planter boxes and balconies.

Internal views – Complies.

Noise Impacts – Complies.

On-Site Amenity and Facilities

Accessibility – Complies.

Daylight to new windows – Complies.

Private Open Space – Complies.

Solar access – Complies.

Storage – Complies.

Detailed Design

Design Detail – Does not comply. The proposed dwellings will not make a positive contribution to or respect the existing character of the local area through unacceptable facade articulation and detailing (particularly to Bambury Street), roof form, eaves and parapets. Any proposal should incorporate a recessed and articulated first floor, habitable room windows fronting Bambury Street and a pitched roof form with eaves, similar to existing development within Bambury Street.

Common Property – Complies.

Site Services – Complies.

Front fence – Complies, no front fence proposed.

4.5 General Decision Guidelines

Clause 65 of the Knox Planning Scheme and Section 60 of the Planning and Environment Act 1987 set out decision guidelines/matters which the responsible authority must consider when deciding any planning application.

· The decision guidelines of Clause 65 of the Knox Planning Scheme and Section 60 of the Planning and Environment Act (1987) have been appropriately considered.


5. CONCLUSION

Clause 10.04 of the Knox Planning Scheme requires Council to balance relative policy objectives when making decisions to ensure resulting development is sustainable and achieves a net community gain. In this context, the development is inappropriate given the following:

· The proposed development is not consistent with Clause 15 (Built Environment and Heritage), Clause 16 (Housing), Clause 21.05 (Municipal Strategic Statement), Clause 22.01 (Dandenong Foothills Policy) and Clause 22.10 (Housing) of the Knox Planning Scheme.

· The proposal is inconsistent with the Significant Landscape Overlay (Schedule 3) and the Vegetation Protection Overlay (Schedule 4)

· The proposal is inconsistent with the policy direction, objectives and standards of the Design and Development Overlay (Schedule 7).

· The proposed development will not make a positive contribution to and respect the existing character of the local area, and will result in unreasonable amenity impacts to adjoining properties.

· The development demonstrates non-compliance with the objectives and Standards of Clause 55 (ResCode) of the Knox Planning Scheme.

6. CONFIDENTIALITY

There are no confidentiality issues associated with this report.

RECOMMENDATION

That Council issue a Notice of Refusal to develop the land for six (6) double storey dwellings and removal of vegetation at 34 Bambury Street, Boronia, subject to the following grounds of refusal:

1. The proposed development is inconsistent with State Planning Policy, specifically Clause 15 (Built Environment and Heritage) and Clause 16 (Housing).

2. The proposal does not comply with Clause 21.05 (Municipal Strategic Statement).

3. The proposal does not comply with Clause 22.01 (Dandenong Foothills Policy) and Clause 22.10 (Housing Policy).


4. The built form and landscaping opportunities of the proposed development do not comply with the policy direction, objectives and standards of the Design and Development Overlay (Schedule 7).

5. The proposal does not comply with the landscape character objectives of the Significant Landscape Overlay (Schedule 3) and vegetation protection objectives of the Vegetation Protection Overlay (Schedule 4).

6. The proposal encroaches into the Tree Protection Zone of the Quercus robur and will not ensure its long-term viability for retention in the landscape.

7. The proposal does not meet the standards and objectives of ResCode, specifically; Standard B1 (Neighbourhood Character), Standard B2 (Residential Policy), Standard B5 (Integration with the Street), Standard B6 (Street Setback), Standard B12 (Safety), Standard B13 (Landscaping), Standard B14 (Access), Standard B17 (Side and Rear Setbacks) and Standard B32 (Design Detail).

8. The proposal has not provided a passing area and the width of the visitor parking space does not provide sufficient clearance in accordance with Clause 52.06-8 (Design standards for car parking).

9. The proposed development will result in unreasonable amenity impacts to adjoining properties.

10. The proposal is an overdevelopment of the land.

COUNCIL RESOLUTION MOVED: CR. MORTIMORE SECONDED: CR. HOLLAND That the recommendation be adopted. CARRIED

knox city council · cr d cooper scott ward dr g emonson chief executive officer ... melway ref. 81...

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