planning committee meeting agenda - city of kingston · 2016-10-14 · city of kingston planning...

Contents Contents

Planning Committee Meeting

Agenda

Wednesday, 19th February 2014

Commencing at 7.00pm

Council Chamber

1230 Nepean Highway, Cheltenham

http://www.kingston.vic.gov.au

Paul Franklin

Acting Chief Executive Officer

Kingston City Council

http://www.kingston.vic.gov.au/

City of Kingston Planning Committee Meeting

Agenda 19 February 2014

i

Notice is given that Planning Committee Meeting of Kingston City Council will be held at 7.00pm at Council Chamber, 1230 Nepean Highway, Cheltenham, on Wednesday, 19 February 2014. 1. Apologies 2. Confirmation of Minutes of Previous Meetings

Minutes of Planning Committee Meeting 18 September 2013

3. Foreshadowed Declaration by Councillors, Officers or Contractors of any

Conflict of Interest Note that any Conflicts of Interest need to be formally declared at the start of the meeting and immediately prior to the item being considered – type and nature of interest is required to be disclosed – if disclosed in writing to the CEO prior to the meeting only the type of interest needs to be disclosed prior to the item being considered.

4. Environmental Sustainability Reports

4.1 Town Planning Application Decisions - January 2014 ........................... 5

4.2 Amendment C133 and Planning Permit Application KP12/555 - Panel Report Recommendations ................................................................... 17

4.3 KP13/472 - 93, 95 & 97 Cavanagh Street Cheltenham ....................... 57

4.4 KP13/730 - 55 Bear Street Mordialloc ............................................... 113

4.5 KP233/2013 - 22 Valleta Street, Carrum ........................................... 153

4.6 KP13/436 - 576 - 578 Heatherton Road Clayton South ..................... 195

4.7 KP287/2002 - Henry Street Landfill - Secondary Consent Amendment - Council Report (Feb) ................................................... 231

4.8 KP339/2013 - 35 Fowler Street Bonbeach ........................................ 263

4.9 KP13/505 - 2-6 Railway Road Cheltenham ....................................... 305

4.10 KP719/2013 - 62 Mills Road Braeside (Council Depot) ..................... 359 5. Confidential Items

Nil

4. E

nviro

nm

en

tal S

usta

inab

ility R

ep

orts

Trim: IC14/108 5

Environmental Sustainability Reports 4.1 Town Planning Application Decisions - January 2014 Environmental Sustainability Reports 4.1 Town Planning Application Decisions - January 2014


19 February 2014

Agenda Item No: 4.1

TOWN PLANNING APPLICATION DECISIONS - JANUARY 2014 Contact Officer: Heidi Heath, Planning & Building Enquiry Officer

Recommendation

Recommendation

Town Planning Application Decisions – January 2014 Approved By: Rachel Hornsby -General Manager, Environmental Sustainability Author: Ian Nice – Manager, Planning Attached for information is the report of Town Planning Decisions for the month of January, 2014. A summary of the decisions is as follows:

1.1. Type of Decision Number of Decisions

Made Percentage (%)

Planning Permits 57 78

Notice of Decision 2 3

Refusal to Grant a Permit 3 4

Other - Withdrawn (5) - Prohibited (0) - Permit not required (1) - Lapsed (4) - Failure to Determine (1)

11 15

Total 73 100

(NB: Percentage figures have been rounded)

Recommendation

That the report be noted.

Appendices

Appendix 1 - Town Planning Application Decisions - January 2014 (Trim No 14/13834)

Author/s: Heidi Heath, Planning & Building Enquiry Officer

Reviewed and Approved By: Naomi Crowe, Team Leader Planning & Building Administration

4.1

TOWN PLANNING APPLICATION DECISIONS - JANUARY 2014

Town Planning Application Decisions - January 2014

Town Planning Application Decisions - January 2014

1 Town Planning Application Decisions - January 2014 ................. 9

Appendix 1 4.1 Town Planning Application Decisions - January 2014 - Town Planning Application Decisions - January 2014

9

Planning Decisions January, 2014

APPL. No. PROPERTY ADDRESS

SUBURB APPL. DATE

DATE DECIDED

PROPOSAL DESCRIPTION DECISION VCAT DECISION

KP-174/2013/A

3 Eulinga Avenue ASPENDALE 22/11/2013 3/01/2014

Develop the Land for the Construction of Two (2) Dwellings Permit Issued No

KP-576/2013 430A South Road MOORABBIN 16/09/2013 3/01/2014

Develop the land for the construction of a 2 metre fence in a Heritage Overlay Refused No

KP-670/2002/A

275 Nepean Highway EDITHVALE 23/09/2013 3/01/2014

To use this site for a medical centre with reduced car parking requirements pursuant to Clause 52.06 of the Kingston Planning Scheme, in accordance with the attached endorsed plans Permit Issued No

KP-565/2013 524A Nepean Highway BONBEACH 11/09/2013 3/01/2014

Use the land for the sale and consumption of liquor and to develop the land for the construction of an extension to an existing cafe/restaurant, with a reduction of the car parking requirements Permit Issued No

KP-572/2013

8 51-57 Gladesville Boulevard

PATTERSON LAKES 11/09/2013 3/01/2014

Develop the Land for a Dwelling Extension (Verandah) on a Lot Size Less than 300 square metres Permit Issued No

KP-59/2013 536 Station Street CARRUM 7/02/2013 3/01/2014

Develop the land for the construction of two (2) dwellings Notice of Decision No

KP-431/2013 15 Manoon Road CLAYTON SOUTH 18/07/2013 3/01/2014

Develop the land for the construction of three (3) dwellings Permit Issued No

KP-890/2010/A

212 Wickham Road HIGHETT 28/10/2013 6/01/2014

Develop the Land for the Construction of two Dwellings (created in error) Withdrawn No


10



SUBURB APPL. DATE

DATE DECIDED


KP-582/2011/A

12 93 Wells Road

CHELSEA HEIGHTS 22/08/2013 6/01/2014

Use and development of the land for a restaurant, for the Sale and Consumption of Liquor (cafe and restaurant licence), a waiver of the Carparking, Loading and Bicycle parking requirements and display of an internally illuminated business identification sign Permit Issued No

KP-413/2013 30 Mascot Avenue BONBEACH 11/07/2013 6/01/2014

Develop the land for the construction of two (2) double storey dwellings and subdivide into two (2) lots Permit Issued No

KP-398/2013 3 Shearson Crescent MENTONE 4/07/2013 6/01/2014

Use of the land as a Indoor Recreation Facility (Dance Studio) Permit Issued No

KP-745/2013 122A Parkers Road PARKDALE 25/11/2013 7/01/2014

Subdivide the Land into Three (3) Lots Permit Issued No

KP-620/2013 25 Follett Road CHELTENHAM 27/09/2013 7/01/2014

Develop the Land for the Construction of Two (2) Dwellings in a Special Building Overlay Permit Issued No

KP-739/2013 95-97 Beach Road MENTONE 21/11/2013 7/01/2014

Develop the land for buildings and works in a Heritage Overlay (painting the facade) Permit Issued No

KP-354/2013

6 179A Nepean Highway ASPENDALE 25/06/2013 7/01/2014

To develop the land for the construction of a double storey dwelling extension on a lot less than 300 square metres and in common property Notice of Decision No

KP-344/2013 32 Evesham Road CHELTENHAM 17/06/2013 7/01/2014

Develop the land for the construction of two (2) double storey dwellings Permit Issued No


11



SUBURB APPL. DATE

DATE DECIDED


KP-619/2012 41 Broadway BONBEACH 11/10/2012 8/01/2014

Develop the land for the construction of thirteen (13) dwellings Permit Issued No

KP-422/2013 22 Gillman Street CHELTENHAM 17/07/2013 8/01/2014

Develop the land for the construction of three (3) double-storey dwellings Permit Issued No

KP-445/2013 1 Maltarra Street CLAYTON SOUTH 24/07/2013 8/01/2014

Develop the Land for the Construction of Three (3) Dwellings in a Special Building Overlay Permit Issued No

KP-380/2013 11 First Street CLAYTON SOUTH 2/07/2013 8/01/2014 Develop the land for the construction of three (3) dwellings Permit Issued No

KP-267/2013 107-119 Keys Road MOORABBIN 15/05/2013 8/01/2014 Pruning of Significant Trees Permit Issued No

KP-722/2013 2 Jean Street CHELTENHAM 15/11/2013 9/01/2014 Subdivide the Land into Three (3) Lots Permit Issued No

KP-816/2013 15 Elsie Grove EDITHVALE 23/12/2013 9/01/2014 Subdivide the Land into Two (2) Lots Permit Issued No

KP-45/2013 45 Warrigal Road MENTONE 5/02/2013 9/01/2014

Develop the land for the construction of three (3) dwellings Permit Issued No

KP-772/2013 63 Bernard Street CHELTENHAM 9/12/2013 10/01/2014 Subdivide the Land into Two (2) Lots Permit Issued No

KP-759/2013 4 Levanswell Road MOORABBIN 2/12/2013 10/01/2014

Develop the Land for the Construction of a Roller Door Permit Issued No

KP-83/2013

354-358 Nepean Highway CHELSEA 18/02/2013 10/01/2014

Develop the land for the construction of eighteen (18) apartment style dwellings with alteration to the access to a Road Zone Category 1 Permit Issued Yes

KP-807/2013 3 Kingston Road HEATHERTON 17/12/2013 10/01/2014 Subdivide the land into five (5) lots Permit Issued No


12



SUBURB APPL. DATE

DATE DECIDED


KP-691/2013 8 Gipps Avenue MORDIALLOC 4/11/2013 10/01/2014

Develop the land for the construction of alterations to an existing dwelling in a LSIO Permit Issued No

KP-793/1999/A

105 Beach Road MENTONE 22/05/2012 13/01/2014

Develop the land for the construction of an extension to Dwelling 1 and vary the covenant Permit Issued No

KP-642/2013 39 Golden Avenue CHELSEA 10/10/2013 13/01/2014

Develop the Land for the Construction of Five (5) Dwellings Lapsed No

KP-752/2013 11 Mentone Parade MENTONE 27/11/2013 13/01/2014 Removal of Easement Withdrawn No

KP-825/2013 8-10 Lennox Street MOORABBIN 31/12/2013 14/01/2014 Subdivide the Land into Two (2) Lots Permit Issued No

KP-826/2013 1 13 Libbett Avenue CLAYTON SOUTH 31/12/2013 14/01/2014 Subdivide the Land into Two (2) Lots Permit Issued No

KP-720/2013 1296 Nepean Highway CHELTENHAM 15/11/2013 14/01/2014 Subdivide the Land into Two (2) Lots Permit Issued No

KP-75/2006/F 93 Wells Road CHELSEA HEIGHTS 19/08/2013 14/01/2014 CHANGE OF USE Permit Issued No

KP-885/2007/A

14 Hadkinson Street CLAYTON SOUTH 6/01/2014 14/01/2014

Develop the Land for the Construction of Two (2) Dwellings Withdrawn No

KP-437/2013

Shop 1 627 Nepean Highway CARRUM 22/07/2013 14/01/2014

Use the land and the adjoining footpath for the sale and consumption of liquor (on-premise liquor licence) Permit Issued No

KP-492/2012/A

10 Williams Street MENTONE 4/09/2013 14/01/2014


KP-707/2013 439 Main Street MORDIALLOC 8/11/2013 15/01/2014

Develop the Land for the Construction of Three (3) Dwellings Lapsed No

KP-15/2014 16 Fourth Avenue

CHELSEA HEIGHTS 7/01/2014 15/01/2014 Subdivide the Land into Two (2) Lots Permit Issued No


13



SUBURB APPL. DATE

DATE DECIDED


KP-899/2010/A

82-88 Mills Road BRAESIDE 15/11/2012 15/01/2014

Staged subdivision of the land into four (4) lots Permit Issued No

KP-138/2013 21 Mills Road BRAESIDE 18/03/2013 15/01/2014

Use of the land for a convenience restaurant for 43 patrons and construction of an extension to the existing building Permit Issued No

KP-371/2013 30 Eighth Street PARKDALE 28/06/2013 16/01/2014


KP-293/2013 16 The Corso PARKDALE 28/05/2013 16/01/2014

To develop the land for the construction of eight (8) double storey dwellings

Failure to Determine No

KP-481/2013 37-53 Dolphin Street ASPENDALE 5/08/2013 16/01/2014

Construct buildings and works associated with an existing Education Centre, including constructing a new building and relocating existing portable classrooms Permit Issued No

KP-409/2013 7 Goulburn Street CHELTENHAM 11/07/2013 17/01/2014

Develop the land for the construction of two (2) dwellings Permit Issued No

KP-81/2004 6 Broadwater Drive WATERWAYS 17/02/2004 17/01/2014 RESIDENTIAL DWELLING Permit Issued No

KP-154/2013 2B Newington Lane CHELSEA 22/03/2013 17/01/2014

Develop the Land for the Construction of a Dwelling Extension in a Design and Development Overlay

Permit Not Required No

KP-145/2011/A 9 Crown Road BONBEACH 23/09/2013 17/01/2014

Develop the land for the construction of two (2) dwellings Permit Issued No

KP-508/2013 86 Bulli Street MOORABBIN 16/08/2013 17/01/2014

Develop the land for the construction of two (2) double storey dwellings Permit Issued No


14



SUBURB APPL. DATE

DATE DECIDED


KP-779/2011 48 Elsie Grove CHELSEA 10/10/2011 17/01/2014 Subdivide the Land into Two (2) Lots Permit Issued No

KP-390/2013 18 Barrett Street CHELTENHAM 3/07/2013 17/01/2014

Develop the land for the construction of ten (10) dwellings (up to three (3) storeys in height), with a reduction in the car parking requirements Permit Issued No

KP-735/2013 5 Page Street CHELTENHAM 20/11/2013 17/01/2014

Develop the Land for the Construction of a Dwelling Extension on a lot less than 300 square metres in a Special Building Overlay Permit Issued No

KP-684/2008/C

55 Chelsea Road CHELSEA 21/08/2013 20/01/2014


KP-298/2010/B

501 Station Street CARRUM 14/06/2013 20/01/2014

Amend Planning Permit KP-298/2010 to increase seating capacity from 20 to 50 persons and extend trading hours to an existing cafe with reduction in the car parking requirements pursuant to Clause 52.06 of the Kingston Planning Scheme Permit Issued No

KP-647/2013 1-9 Balcombe Road MENTONE 11/10/2013 20/01/2014

Develop the land for the display of floodlit promotion and major promotion signs Refused No

KP-597/2013 5-9 Southern Road MENTONE 23/09/2013 20/01/2014

Develop the land for building and works (storage shed) Withdrawn No

KP-152/2010 29 Mallawa Street CLAYTON SOUTH 18/03/2010 20/01/2014 THREE (3) DWELLINGS Permit Issued No

KP-734/2013 27 Seventh Street PARKDALE 19/11/2013 22/01/2014 Subdivide the Land into Two (2) Lots Permit Issued No


15



SUBURB APPL. DATE

DATE DECIDED


KP-608/2013 82-88 Mills Road BRAESIDE 23/09/2013 22/01/2014 Variation of Easement Withdrawn No

KP-567/2013 487 Warrigal Road MOORABBIN 11/09/2013 22/01/2014

Use the Land for the Sale of Garden Supplies and continue use for Motor Vehicle Sales Lapsed No

KP-740/2013 30 Herald Street CHELTENHAM 20/11/2013 22/01/2014 Subdivide the Land into Two (2) Lots Permit Issued No

KP-845/2011/A

378 Station Street BONBEACH 5/12/2013 22/01/2014

Develop the land for the construction of six (6) dwellings Permit Issued No

KP-326/2013 18 Wilson Street CHELTENHAM 11/06/2013 22/01/2014

Develop the land for the construction of a new dwelling at the rear of the site and an extension to the existing dwelling Permit Issued No

KP-650/1996/A

2 82 Fraser Avenue EDITHVALE 30/12/2013 22/01/2014

To develop and use this site for a dual occupancy, in accordance with plans to be submitted pursuant to condition one hereof; Permit Issued No

KP-457/2007/A

5 Avenza Street MENTONE 14/11/2013 22/01/2014

Develop the Land for the Construction of Three (3) Dwellings Permit Issued No

KP-796/2013 9 Melaleuca Drive CARRUM 17/12/2013 23/01/2014

Develop the land for the construction of a dwelling extension on land in a Special Building Overlay Permit Issued No

KP-16/2014 53 Sixth Street PARKDALE 8/01/2014 28/01/2014 Subdivide the Land into Two (2) Lots Permit Issued No

KP-175/2013 Dingley Bypass MOORABBIN 9/04/2013 28/01/2014

Develop and Use the Land for the purpose of Roadworks for the Construction of the Dingley Bypass Permit Issued Yes


16



SUBURB APPL. DATE

DATE DECIDED


KP-462/2013 1 511-513 Main Street MORDIALLOC 1/08/2013 28/01/2014

To Use the land for the purpose of a Restricted Recreation Facility (Gymnasium - 24 hours a day, 7 days per week), to Display Advertising Signage and to Paint a Building on Land Affected by a Heritage Overlay Permit Issued No

KP-573/2013 442-444 Warrigal Road HEATHERTON 11/09/2013 29/01/2014

Use the land for a Shop and the display of two (2) business identification panel signs Refused No

KP-756/2013 10-12 Heland Place BRAESIDE 28/11/2013 31/01/2014

Use and Develop the Land for Animal Husbandary Lapsed No

Trim: IC14/152 17

4.2 Amendment C133 and Planning Permit Application KP12/555 - Panel Report Recommendations 4.2 Amendment C133 and Planning Permit Application KP12/555 - Panel Report Recommendations


19 February 2014

Agenda Item No: 4.2

AMENDMENT C133 AND PLANNING PERMIT APPLICATION KP12/555 - PANEL REPORT RECOMMENDATIONS Contact Officer: Mandy Baigel, Research & Mapping Officer

Purpose of Report

The purpose of this report to provide a summary of the Panel’s recommendations on the combined Planning Scheme Amendment C133 and Planning Permit Application KP12/555 and for Council to decide on how to proceed with the amendment.

Disclosure of Officer / Contractor Direct or Indirect Interest

No Council officer/s and/or Contractor/s who have provided advice in relation to this report have declared a Conflict of Interest regarding the matter under consideration. Recommendation

Recommendation

OFFICER RECOMMENDATION

That Council resolves to: 1. Adopt Planning Scheme Amendment C133 and recommend to the Minister of Planning the

granting of Planning Permit KP12/555 with the following changes: a. Amend the description of the heritage place HO18 in schedule 43.01 of the Planning

Scheme in accordance with the Panel’s recommendations; and b. Amend the Draft Planning Permit in accordance with the Panel’s recommendations.

2. Submit the Amendment and Permit with changes to the Minister for Planning for approval; and

3. Notify submitters to the Amendment of resolutions 1 and 2 above.

1. Executive Summary

Amendment C133 to the Kingston Planning Scheme seeks to rezone 2,747 square metres of the southwest corner of Patterson River Golf Course from Special Use Zone Schedule 1 to Neighbourhood Residential Zone and correct an anomaly to the Heritage Overlay. Concurrent with the preparation of the planning scheme amendment is a planning permit application made pursuant to Section 96A (1) of the Planning and Environment Act 1987 for the subdivision of the land into 5 residential lots (Planning App No. KP12/555). The planning scheme amendment process requires Council to exhibit the amendment and permit application and then request a Panel to be appointed if submissions are received that cannot be resolved. Eighteen (18) submissions were received. Three (3) from referral authorities (Melbourne Water, South East Water and the Environment Protection Authority) who raised no objection to the amendment subject to additional conditions being placed on any future planning permits issued. Only one objector made a submission at the Panel Hearing.



Trim: IC14/152 18

A panel hearing was conducted on 20 November 2013 to consider the submissions and the merits of the amendment. The Panel’s report was received on 23 December 2013. The Panel concluded that Amendment C133 has strategic justification, and balances the competing objectives to protect heritage and accommodate opportunities for residential development within an established residential area. The report recommends that the amendment and permit be adopted as exhibited with minor modifications.

2. Background

Planning Scheme Amendment C133 to the Kingston Planning Scheme was prepared by the City of Kingston. At its Planning Committee meeting on 22 May 2013, Council resolved to seek authorisation from the Minister for Planning to prepare Planning Scheme Amendment C133 to:

Rezone part of the subject land from Special Use Zone 1 to Residential 3 Zone;

Amend the Residential Land Use Framework Plan at Clause 21.05 of the Kingston Planning Scheme to include that part of the Amendment land that would be rezoned to Residential 3 zone as land designated for Incremental Housing Change;

Correctly apply the HO18 to the entire clubhouse and amend the Schedule to the Heritage Overlay so that the Heritage Place Description states: “The heritage place includes the clubhouse accessed from The Fairway, and adjoining putting green situated east of the clubhouse”;

Approve the Draft Planning Permit KP12/555 for exhibition purposes; and

Once authorisation is granted, Council as Planning Authority, prepare and place Amendment C133 and Draft Planning Permit KP12/555 on public exhibition pursuant to Section 19 of the Planning and Environment Act 1987.

Authorisation to prepare the Amendment was received from the Minister for Planning on 11 June 2013. The authorisation request was conditional on the basis that ‘the amendment must be modified to utilise the suite of reformed residential zones that will be introduced into the Victoria Planning Provisions (VPPs). Exhibition of the amendment must not proceed until after the reformed residential zones have been gazetted into the VPPs.’ As such, the amendment documents were modified to use the Neighbourhood Residential Zone for the land proposed to be rezoned. Amendment C133 was placed on public exhibition for a period of six (6) weeks from 11 July 2013. During exhibition of the amendment, eighteen (18) submissions were received. A Directions Hearing was held on 21 October 2013. The Panel Hearing was held on 20 November 2013 at Council’s Cheltenham offices. The Panel’s report was received on 23 December 2013.



Trim: IC14/152 19

3. Discussion

3.1. Council Plan Alignment Planned Outcome 2 - A Sustainable Natural and Built Environment Strategy 2.1 - Intergenerational land use, planning and delivery Preparing this amendment is consistent with the Council Plan as it relates to reviewing the provisions of the Kingston Planning Scheme and identifying new provisions, objectives and policies to provide appropriate guidance for new development within the Planning Scheme.

3.2. Consultation/Internal Review Planning Scheme Amendment C133 was placed on public exhibition for a period of six (6) weeks between 11 July 2013 and 22 August 2013. Notice was given as follows: Notice of the amendment was published in the Victorian Government Gazette on

11th July 2013; Notice of the amendment was published in the Mordialloc Chelsea Leader on

17th July 2013; Direct notification was sent via ordinary mail to all landowners and occupiers

potentially affected by the amendment on 11th July 2013 (approximately 570 letters);

Notices erected on site for six (6) weeks; and Amendment documentation was made available on Kingston’s Strategic

Planning website, Chelsea customer service centre, Patterson Lakes Library, Cheltenham customer service centre, City of Kingston Website and the Department of Planning and Community Development website from 11th July 2013.

During exhibition of the Planning Scheme Amendment and Planning Permit Application eighteen (18) submissions were received. Three (3) from referral authorities (Melbourne Water, South East Water and the Environment Protection Authority) who raised no objection to the amendment subject to additional conditions being placed on any future planning permits issued.

3.3. Operation and Strategic Issues

3.3.1. The modified wording to the description of the heritage place as part of HO18 should be adopted as part of the amendment. As part of correcting the Heritage Overlay that applies to the clubhouse (HO18), the amendment proposed to reword the description at Clause 43.01 in the Kingston Planning Scheme to: “The heritage place includes the clubhouse accessed from The Fairway, and adjoining putting green situated east of the clubhouse”. The Panel agreed with Council’s submission that the Heritage Overlay which applies to the Patterson River Golf Club should not include any reference to the bowling green. The Panel acknowledged the consistent approach taken with other golf clubhouses in Kingston which include the clubhouse as the principal heritage feature and some surrounding land (often including a putting green) to provide a context for the heritage building. The Panel however concluded that the wording for the heritage place should be defined simply as:



Trim: IC14/152 20

“The heritage place includes the clubhouse and its open landscape setting to the principal north east facade.”

The Panel Report noted that “this is different to that exhibited, but this is considered a better reflection of the actual elements of significance to be protected. The proposed amended wording refers to the façade as facing north east. The schedule in the overlay refers to the putting greens as facing east. The Panel considers the building faces ‘north east’ but if the reference was simply ‘east’ the Panel thinks the statement would remain sufficiently clear.”

3.3.2. The requirement for the Acid Sulphate Soils Management Plan to be

implemented via a Section 173 agreement should be included as a permit condition. An Acid Sulphate Soil Management Plan was prepared as part of the Amendment documentation to ensure that any Acid Sulphate Soils found during works are treated on site or removed from the site in an appropriate manner. Although the draft Planning Permit mandates compliance to this Plan, the Panel believes that a stronger implementation method is required for the Plan to have effect beyond the completion of the subdivision works. As such, the Panel has recommended that the management plan also be implemented via an agreement prepared and registered on title to the subject site and new lots pursuant to section 173 of the Act. A section 173 agreement will provide notice to future lot owners of the potential risks associated with excavations on the lots and require any excavation likely to intersect potential acid sulphate soils to be carried out in accordance with the management plan.

3.3.3. Crossover locations and building envelopes should be included as permit

conditions. Access to Lot 2 was not shown on the exhibited Plan of Subdivision. The Panel agrees with Council that direct access from Lot 2 to The Fairway may be unsafe due to its proximity to the intersection. The Panel “considers there is adequate opportunity for Council to further consider and regulate appropriate access at the time of subdivision certification, rather than by creating a further restriction on the plan. Condition 6 of the proposed planning permit requires engineering plans to be submitted prior to certification of the subdivision plans. This condition however, limits the engineering plans to providing for drainage of each lot. The Panel considers a minor change to this condition could require the engineering plans to also designate the location of crossovers and thereby enable Council to address this matter as part of subdivision certification.” The Panel also supported Council’s recommendation for condition 1 plans to be submitted which show the building envelopes matching those on the exhibited drawings.

3.4. Options Section 27 of the Planning and Environment Act 1987 requires that Council consider

the Panel’s report before deciding whether or not to adopt the amendment and forward it to the Minister for Planning. 3.4.1. Option 1 Change the amendment as recommended by the Panel and proceed to adopt it in a modified form.

3.4.2. Option 2 Adopt the Amendment without changes and ask the Minister to approve the amendment.



Trim: IC14/152 21

3.4.3. Option 3 Abandon the amendment.

Council Officers recommend Option 1. As discussed in Section 3 of this report, the recommendations of the Panel are considered reasonable.

4. Conclusion

4.1. Environmental Implications The requirement to have the acid sulphate soils management plan registered on Title via a Section 173 Agreement will ensure that any development on this site will minimise the risk of any environmental damage to the surrounding area.

4.2. Social Implications

The rezoning of the land will deliver opportunities for residential development in an area well serviced by existing infrastructure and the proximity of the site to nearby open space areas including Patterson River and the foreshore would provide a high level of amenity for future residents of the site.

4.3. Resource Implications Should Council resolve to adopt the Amendment, there may be an increase in planning applications for Council officers to assess. However, it is anticipated that these would not significantly impact the Statutory Planning Department.

4.4. Legal / Risk Implications

Consideration has been given to the matters raised in relation to this Amendment against the relevant legislation.

Appendices

Appendix 1 - Panel Report for Amendment C133 and KP12/555, 1 The Fairway, Bonbeach. (Trim No 14/3852)

Author/s: Mandy Baigel, Research & Mapping Officer

Reviewed and Approved By: Rosa Zouzoulas, Team Leader Strategic Planning

Rachel Hornsby, General Manager Environmental Sustainability

4.2

AMENDMENT C133 AND PLANNING PERMIT APPLICATION KP12/555 - PANEL REPORT

RECOMMENDATIONS

1 Panel Report for Amendment C133 and KP12/555, 1 The Fairway, Bonbeach. ....................................................................... 25

Appendix 1 4.2 Amendment C133 and Planning Permit Application KP12/555 - Panel Report Recommendations - Panel Report for Amendment C133 and KP12/555, 1

The Fairway, Bonbeach.

25

Panel Report for Amendment C133 and KP12/555, 1 The Fairway, Bonbeach. Panel Report for Amendment C133 and KP12/555, 1 The Fairway, Bonbeach.



26



27



28



29



30



31



32



33



34



35



36



37



38



39



40



41



42



43



44



45



46



47



48



49



50



51



52



53



54



55

Trim: IC14/147 57

4.3 KP13/472 - 93, 95 & 97 Cavanagh Street Cheltenham 4.3 KP13/472 - 93, 95 & 97 Cavanagh Street Cheltenham


19 February 2014

Agenda Item No: 4.3

KP13/472 - 93, 95 & 97 CAVANAGH STREET CHELTENHAM Contact Officer: Tara Bryce, Senior Statutory Planner

Purpose of Report This report is for Council to consider Planning Application No. KP13/472 regarding No. 93, 95 & 97 Cavanagh Street Cheltenham – Planning Permit Application



Recommendation


That Council determine to support the proposal and issue a Notice of Decision to Grant a Planning

Permit to develop the land for the construction of mixed use development with a reduction of the

car parking requirements and waiver of the loading bay requirements at 93, 95 & 97 Cavanagh

Street Cheltenham, subject to the conditions contained within this report.



Trim: IC14/147 58

93, 95 & 97 Cavanagh Street Cheltenham – Planning Permit Application No. KP13/472

Executive Summary for Planning Committee Meeting

APPLICATION No: KP13/472

LAND: 93, 95 & 97 Cavanagh Street Cheltenham

PLANNING OFFICER: Tara Bryce

PROPOSAL: Develop the land for the construction of a three (3)

storey, mixed use development comprising of three (3)

shops and twelve (12) dwellings with a reduction of the

car parking requirements and waiver of the loading bay

requriements

PERMIT TRIGGER: Clause 34.01 – Buildings and works

Clause 52.06 – Car parking reduction

Clause 52.07 – Waiver of loading bay facilities

EXISTING SITE CONDITIONS: Three (3) single storey shops (vacant)

APPLICANT: Jolimont Construction Pty Ltd

ZONE / OVERLAYS: Commercial 1 Zone

RESIDENTIAL POLICY AREA N/A

OBJECTIONS Four (4) objections

1.0 DESCRIPTION OF PROPOSAL

1.1 The application seeks to develop the land for the construction of a three (3) storey, mixed

use development comprising of three (3) shops and twelve (12) dwellings with a reduction of the car parking requirements and waiver of the loading bay requriements.

1.2 Each one (1) or two (2) bedroom dwelling is provided with a car parking space with one (1) visitor parking space nominated within the site. One (1) parking space is also allocated to each shop. Access to the parking facilities is via the 5.8m wide right of way to the rear of the site. Each dwelling is provided with a balcony, with a minimum of 10.2m2, with the upper floor dwellings having greater open space areas.

2.0 SUBJECT SITE AND SURROUNDS 2.1 The subject site comprises of three (3) commercial allotments located on the west side of

Cavanagh Street, Cheltenham. Combined, the sites have a street frontage width of 18.3m, a maximum depth of 31.09m and an overall area of 568.9m2. The tenancies were previously occupied by a dog grooming business (No. 93) and a tool supply business (No’s 95 and 97); however the sites are now vacant.

2.2 The existing built form on all allotments comprises of single storey, brick buildings with canopies overhanging the Cavanagh Street footpath. The buildings have rear setbacks that vary between 3.4m (No. 97) and 21.157m (No. 93). There is no formalised parking on any of the allotments. The site has a reasonable fall from the north-east corner to the south-west corner of approximately 2.35m. There is no vegetation located within the rear of the allotments.

2.3 The site is located within a small strip of shops, of which the uses include a milk bar, office

(call centre), Laundromat and Drafting firm. Further south of the commercial strip is a



Trim: IC14/147 59

1970s unit development, comprising eight (8) dwellings with a number of open parking spaces located to the rear. All land described is located within the Commercial 1 Zone.

2.4 Surrounding the neighbourhood shopping strip is a well-established residential area which comprises of a mixture of single dwellings and medium density development. A development comprising of two-hundred and eight (208) dwellings is currently under construction at No. 98 - 116 Cavanagh Street. The development comprises predominantly of double storey attached dwellings, with three storey buildings located within the centre of the site.

2.5 The following map illustrates the subject site in its surrounding context.

3.0 KEY PLANNING CONSIDERATIONS

3.1 The key planning considerations relate to:

(a) Built form and interface with adjacent residential properties

Whilst a three (3) storey development that spans across three (3) allotments with a maximum height of 11.8m is substantial, the design detail of the building responds appropriately through relevant setbacks and design detail achieving a built from that is responsive to the existing commercial pattern, and to the views obtained from adjacent residential properties.

(b) Car parking

Most importantly, the resident parking requirement has been met, with one (1) car parking space provided for each commercial tenant. The reduction of five (5) car parking spaces (one visitor and four shop spaces) is considered reasonable given the available public parking within the shopping strip. Further it is noted that the



Trim: IC14/147 60

parking provision for the shops is not changing substantially, where the current parking provision is limited by existing built form on the land.

(c) Loading bay waiver

Given the limited size of the shops, it is considered reasonable to allow for loading to occur from the front of the site, within the designated angle public parking. This area is convenient and provides a greater proximity than delivering goods from the rear of the site. Short term loading should not affect the safety or traffic flow, with the Milk Bar adopting this approach currently.

` 4.0 OBJECTOR CONCERNS

4.1 Four (4) objections were received to the application. A summary of the concern and

response to each ground is provided below:

(a) Overall height

The height of the development, as viewed from its east (maximum of 10.28m) is moderated by the expansive width of Cavanagh Street, which is in excess of 19.5m kerb to kerb and greater than 26.5m boundary to boundary. To the rear, the built form is broken up by adopting setbacks to the building and the uppermost balconies. The use of material treatments also breaks up the bulk associated with the height (maximum of 11.8m), which when measured from the west side of the laneway (to the rear of the residential properties) falls within the ResCode setback standards.

(b) Visual bulk

Bulk associated with height is discussed above at 4.1 (a), with the development adopting appropriate setbacks to the east and west, to its sensitive residential interfaces. To the north and south the development breaks up the façade through the use of alternative render finishes in a horizontal and vertical pattern, with the light wells also breaking up the horizontality. The use of large balconies allows the building facades to be set back, particularly to the rear, reducing the visibility of the upper storey component to some extent. The horizontal and vertical features along the east and west elevations breaks up the facades into nine (9) sections to the east and six (6) sections (above the parking area) to the west.

(c) Car parking impacts associated with a reduction of the requirements

Refer to 3.1 (b)

(d) Increase in traffic volume within the area

A traffic report has been submitted by the applicant and reviewed by Council’s Traffic and Transport Department. Traffic associated with twelve (12) new dwellings should not unreasonably impact upon the flow of traffic within the local road network. It is noted that the construction of the large development to the north is impacting upon traffic within Cavanagh Street currently. It is recommended that a Traffic and Construction Management Plan be submitted to ensure that the area



Trim: IC14/147 61

is not unreasonably affected by the development of the land during the construction phase.

(e) Loading bay waiver

Refer to 3.1 (c)

(f) Noise associated with additional residents and car stacker

It is considered that the noise generated from car stackers is not unreasonable within a residential context, with noise associated with well-maintained stackers being relatively limited. A permit condition should be included within any permit issued to ensure that the car stacker is maintained to ensure its ongoing operation.

(g) Overlooking

Views within 9 metres of the Cavanagh Street dwellings would include a section of the front yard of No. 101 Cavanagh Street, which comprises of the driveway area, which is visible from the street. To require screening to this balcony would go above the requirements of ResCode and would result in additional visual bulk presenting to the street. To the rear, the west facing balconies are provided with screening by way of obscured glass to a height of 1.7m above the floor level and fixed horizontal louvres, angled upwards to limit downward views into the secluded areas of the Fairview Avenue properties. To the north and south of the balconies, screening to a height of 1.7 metres is maintained through the height of the rendered façade.

5.0 CONCLUSION

5.1 Based on a thorough assessment of the application against the relevant provisions of the

Kingston Planning Scheme and taking into consideration the concerns raised by objectors, the proposal, subject to the inclusion of conditions, is deemed appropriate and should therefore be supported.



Trim: IC14/147 62

RECOMMENDATION

That Council determine to support the proposal and issue a Notice of Decision to Grant a Permit to develop the land for the construction of a mixed use development with a reduction of the car parking requirements and waiver of the loading bay requirements at No 93, 95 and 97 Cavanagh Street Cheltenham, subject to the following conditions: 1. Before the development starts amended plans to the satisfaction of the Responsible

Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be substantially in accordance with the plans submitted to Council on 18th October 2013 and 31st October 2013 (SMP) but modified to show:

a. the provision of a flood proof apex (shown in plan and in cross section) in accordance with condition 18 of this permit;

b. a comprehensive integrated stormwater management strategy of the site addressing the minor and major storm events and incorporating Rainwater Tank/s and Water Sensitive Urban Design Treatments;

c. a notation on the plan stating that the use of the commercial tenancies must not contravene restrictive covenant B562138;

d. the continuation of the dark band along the development’s Cavanagh Street elevation, wrapping around to the northern façade;

e. the provision of fire rated windows along the northern, third storey elevation, with screening provided in accordance with the requirements of Clause 55.04-6 - Overlooking;

f. the horizontal band above the rear roller doors provided with an improved design detail to reduce the dominance of the ground floor façade;

g. all screening measures nominated to be in accordance with Clause 55.04-6 – Overlooking;

h. lighting details \ demonstrating safe access to the front and rear of the site, with lighting appropriately considering the amenity of the surrounding residential properties;

i. a notation on the plans stating that “one (1) parking space must be allocated to each residential dwelling and commercial tenancy with one (1) visitor parking space”;

j. the termination of the first floor corridor provided with a turning area in accordance with AS1428.1-2009;

k. a section plan for all internal light courts, including the type and size of all windows with consideration given to general maintenance and optimal access to natural light;

l. all skylights relabelled as velux, operable, roof windows or similar on all applicable plans (second floor and roof plans);

m. the discrepancy between the toilets referenced within the STORM report and the development plans corrected with the water tank size to be increased to accommodate the reduction in water used for toilet flushing if required;

n. all ESD commitments, as nominated within the Sustainability Management Plan (dated 31st October, 2013), shown on the development plans including:

i. Type of bicycle parking including dimensional clearances;



Trim: IC14/147 63

ii. Notations regarding energy efficient heating, cooling, hot water and lighting;

iii. Dual bins within the joinery; and

iv. Sustainable timber specifications.

o. The provision of an updated SMP detailing commitment to the following:

i. All Residential Glazed Doors: having a low E comfort glazing with a U value of 4.2;

ii. All Residential Windows including roof windows or the like to be double glazed with U value of 6.1;

iii. Where polystyrene foam cladding will be used in this building, only zero Ozone Depleting Potential (ODP) polystyrene to be used;

iv. A Post Occupancy Evaluation to be conducted quarterly for the first year and annually thereafter – fine tuning to be in line with building occupants feedback; and

v. Throughout demolition and construction where practicable contractors will have ISO 14001 accreditation.

p. a notation on the plan stating that the car stackers must be maintained by the owners corporation;

q. the location of the intercom systems including the system providing access to the visitor parking area to the rear of the site;

r. the provision of a full colour, finishes and building materials schedule, including image samples (illustrated on an A4 or A3 sheet), for all external elevations; and

s. the guttering pertaining to the garages / walls on the site’s north and south property boundaries nominated as being contained wholly within the title property boundaries of the subject land;

Endorsed Plans

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

3. Prior to the occupation of the development hereby permitted, the landscaping works as shown on the endorsed plans must be completed to the satisfaction of the Responsible Authority. The landscaping must then be maintained to the satisfaction of the Responsible Authority.

Stormwater Management

4. The development of the site must be provided with stormwater works which incorporates the use of water sensitive urban design principles to improve stormwater runoff quality and which also retains on site any increase in runoff as a result of the approved development. The system must be maintained to the satisfaction of the Responsible Authority. Council's Development Engineer can advise on satisfactory options to achieve these desired outcomes which may include the use of an infiltration or bio-retention system, rainwater tanks connected for reuse and a detention system. The overall stormwater outflow of the site to Council drainage system must be restricted to 5l/s.

5. Before the development commences, a Stormwater Management Plan showing the stormwater works to the nominated point of discharge must be prepared to the satisfaction of the Responsible Authority. The Stormwater Management Plan must be prepared by a



Trim: IC14/147 64

qualified person and show all details of the proposed stormwater works including all existing and proposed features that may have impact (e.g. trees to be retained, crossings, services, fences, abutting buildings, existing boundary surface levels, etc.).

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

Prior to Commencement of the Development

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

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

9. Prior to the commencement of the development, the applicant/owner must contact the Responsible Authority and arrange traffic management plans for any works that may affect traffic (both vehicular and pedestrian) or parking in Cavanagh Street or any of the surrounding streets. Works vehicles will not be able to stop in the street fronting the property if they cannot provide at least 3 metres clearance for other vehicles to pass or if parking restrictions already apply.

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

Prior to the Occupation of the Development

11. Prior to the occupation of the development hereby permitted, all buildings and works and the conditions of this permit must be complied with, unless with the further prior written consent of the Responsible Authority.

12. Prior to the occupation of the development hereby permitted, or by such later date as is approved by the Responsible Authority in writing, the kerb and channel and footpath must reinstated to the satisfaction of the Responsible Authority and in accordance with the Activity Centre Streetscape Suite (June 2013).

13. Prior to the occupation of the development hereby permitted, any damaged boundary fences must be repaired and/or replaced as necessary to the satisfaction of the Responsible Authority, at the cost of the applicant/owner.

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

a. Constructed to the satisfaction of the Responsible Authority.

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



Trim: IC14/147 65

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

d. Drained and maintained to the satisfaction of the Responsible Authority.

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

Road Engineering

15. A flood proof apex (ie ridge level) protecting the proposed driveway must be provided to protect the property from overland flows to the satisfaction of the Responsible Authority. This apex is to be a minimum of 100mm above the existing edge of ROW level abutting the proposed development. This apex is to continue through any driveways or pathways that may cross it. The apex is to be a permanent structure (eg. rise in concrete driveway/pathway, sleeper retaining wall, solid brick fence/wall). Low mounded soil on its own is unlikely to be acceptable due to the likelihood of future disturbance.

16. Property boundary and footpath levels must not be altered without the prior written consent form the Responsible Authority.

17. All reinstatements and vehicle crossings must be constructed to the satisfaction of the Responsible Authority.

18. Vehicle crossings and other reinstatements must be constructed to Council’s industrial strength specifications.

19. All redundant vehicle crossings must be removed (including redundant portions of vehicle crossings) to the satisfaction of the Responsible Authority.

20. All front and side fences must be contained wholly within the title property boundaries of the subject land.

Completion of the Development

21. All works on or facing the boundaries of adjoining properties must be finished and surface cleaned to a standard that is well presented to neighbouring properties in a manner to the satisfaction of the Responsible Authority.

22. All piping and ducting above the ground floor storey of the development must be concealed to the satisfaction of the Responsible Authority.

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

24. In accordance with Section 68 of the Planning and Environment Act 1987 (The Act), this permit will expire if one of the following circumstances applies:

The development is not started before within (2) years from the date of this permit.

The development is not completed within four (4) years from the date of permit issue.

In accordance with Section 69 of The Act, the responsible authority may extend the periods referred to if a request is made in writing:

before the permit expires; or

within six (6) months after the permit expiry date, where the development allowed by the permit has not yet started; or



Trim: IC14/147 66

within twelve (12) months after the permit expiry date, where the development allowed by the permit has lawfully started before the permit expires.

Note: Prior to the commencement of the development you are required to obtain the necessary Building Permit.

Note: The applicant/owner must provide a copy of this planning permit to any appointed Building Surveyor. It is the responsibility of the applicant/owner and Building Surveyor to ensure that all building development works approved by any building permit is consistent with the planning permit.

Note: The allocation of street numbering and addressing of properties is vested in Council. Any reference to addressing or dwelling/unit/apartment and street numbers or street names on any endorsed plan is indicative only. The onus is on the Permit Applicant/Land Owner to contact Council’s Property Data Department to determine the official dwelling/unit/apartment street numbers, street name details and the like for the approved development.

If the Permit Applicant/Land Owner adopts the street numbering or addressing from the endorsed plans, or where advertising and/or sales transact (off the plan) prior to Council’s official allocation of the street numbering and addressing, it will be viewed to be non-compliant with the guideline and standard applied (Australian/New Zealand Standard for Rural & Urban Addressing / AS/NZS 4819:2011).

OR

In the event that Council wishes to refuse the application, it should do so on the following grounds:

1. The proposal fails to adequately respond to the relevant sections of the Kingston Planning Scheme, including State and Local Planning Policy Frameworks, Council’s Municipal Strategic Statement and local planning policies and Commercial 1 Zone.

2. The proposal fails to adequately consider the interface with adjoining zones, particularly given the site’s established residential context and neighbourhood character.

3. The height and bulk of the proposal does not appropriately transition between the established residential context and the generally low rise scale of the commercial centre.

4. The development provides an inadequate response with regard to design detail and sustainability objectives.

5. The proposal fails to provide adequate on-site amenity for future residents.

6. The proposal fails to meet car parking and loading/unloading requirements of the Kingston Planning Scheme (Clause 52.06 and Clause 52.07 respectively).



Trim: IC14/147 67

1.0 RELEVANT LAND HISTORY

1.1 Council records indicate that there is no relevant planning history relating to this site.

2.0 SITE PARTICULARS

2.1 The subject site comprises of three (3) commercial allotments located on the west side of Cavanagh Street, Cheltenham. Combined, the sites have a street frontage width of 18.3m, a maximum depth of 31.09m and an overall area of 568.9m2. The tenancies were previously occupied by a dog grooming business (No. 93) and a tool supply business (no’s 95 and 97), however the sites are now vacant.

2.2 The existing built form on all allotments comprises of single storey, brick buildings with canopies overhanging the Cavanagh Street footpath. The buildings have rear setbacks that vary between 3.4m (No. 97) and 21.157m (No. 93). There is no formalised parking on any of the allotments.

2.3 The site has a reasonable fall from the north-east corner to the south-west corner of

approximately 2.35m. There is no vegetation located within the rear of the allotments.

2.4 The site has pedestrian access via Cavanagh Street, with car parking located directly in front of the shops. Vehicle access to the site is via the 5.8m wide, unnamed laneway which runs to the north of No. 10 Fairview Avenue, along the rear of the shops, connecting again with the road network at Friendship Square.

2.5 The allotments are encumbered by a Restrictive Covenant (which applies to lots 3 to 11),

which states:

PLANNING OFFICER REPORT

APPLICANT Jolimont Construction Pty Ltd

ADDRESS OF LAND 93, 95 & 97 Cavanagh Street Cheltenham

PLAN OF SUBDIVISION REF Lots 3 - 5 on PS044526

PROPOSAL Development of the land for the construction of a tree

(3) storey, mixed use development comprising of

three (3) shops and twelve (12) dwellings with a

reduction of the car parking requirements and a

waiver of the loading bay requirements

PLANNING OFFICER Tara Bell

REFERENCE NO. KP13/472

ZONE Clause 34.01: Commercial 1 Zone

OVERLAYS N/A

OBJECTIONS Four (4) objections

CONSIDERED PLAN

REFERENCES/DATE RECEIVED

18th October, 2013

31st October 2013 (SMP)

ABORIGINAL CULTURAL

HERITAGE SENSITIVITY

No



Trim: IC14/147 68

‘the said lots 3 to 11 (both inclusive) and each and every part thereof that the said lots 3 to 11 (both inclusive) and each and every part thereof shall not be used nor permitted to be used for the conduct of the business of a Milk Bar, Mixed and/or sub-newsagency Business nor shall any sales or deliveries of Milk, Milk Drinks, soft drinks and / or ice-cream may be made or permitted to be made on or from the said lots or part thereof’

3.0 SURROUNDING ENVIRONS 3.1 The site is located within a small strip of shops, of which the uses include a milk bar, office

(call centre), Laundromat and Drafting firm. Further south of the commercial strip is a 1970s unit development, comprising eight (8) dwellings with a number of open parking spaces located to the rear. All land described is located within the Commercial 1 Zone.

3.2 As with the slope on the subject site, an incline of three (3) metres from the south end of the commercial strip to the northern end.

3.3 Surrounding the neighbourhood shopping strip is a well-established residential area, which

comprises of a mixture of single dwellings and medium density development. A development comprising of two-hundred and eight (208) dwellings is currently under construction at No. 98 - 116 Cavanagh Street. The development comprises predominantly of double storey attached dwellings, with three storey buildings located within the centre of the site.

3.4 The site is located 950m north-east of the Cheltenham Activity Centre, with Southland

Shopping Centre being 900m west of the site. Bus route 631 runs 100m north of the site, connecting the area to Southland Shopping Centre. Open space opportunities are provided within proximity of the site at Le Page Park and Keys Road Reserve.

3.5 The built form of dwellings within the immediate vicinity is typically single storey, with

double storey buildings scattered within the locality, including No. 2 Fairview and No. 69 Cavanagh Street (both being double storey apartment buildings). Roofs are generally gabled, with brick appearing to be the typical construction material.

3.6 Land opposite and adjacent to the subject site is described as follows:

3.7 North: No. 99 Cavanagh Street comprises of a single storey brick building, constructed

along its south property boundary and generally across the entire site. The building accommodates a convenience store and is the northernmost commercial property within the shopping strip.

3.8 South: No. 89-91 Cavanagh Street comprises of a double frontage office building, which

currently accommodates a call centre. The office is also single storey, with a 12.2m rear setback, which appears largely unused.

3.9 East (Opposite): Both the dual width carriageway and the 90 degree angle parking

separates the site from the residential properties to the east.

3.10 No. 84 Cavanagh Street comprises five (5) single storey dwellings in a U shape form, on a large allotment, with the dwellings generally accessed via Dewrang Street, with high fencing enclosing private open space oriented to Cavanagh Street. One (1) Dwelling has pedestrian and vehicle access via Cavanagh Street.



Trim: IC14/147 69

3.11 No. 82 Cavanagh Street comprises of a modest single storey white brick / rendered dwelling with a large area of secluded open space to the rear. As with most dwellings in the area, the front façade is well modulated, with large windows oriented to the street.

3.12 West (Opposite): A 5.8m wide Right of Way separated the site from the rear of the residential properties to the west.

3.13 No. 8 Fairview Avenue accommodates a single storey brick residence with a single width garage constructed in the south-east corner on the rear boundary (accessible from the laneway). A generous area of secluded private open space is located to the rear of the dwelling, adjacent to the laneway

3.14 No. 10 Fairview Avenue contains a single storey brick dwelling, with weatherboard

extension. A brick shed is located within the rear open space area, bounded by the right of way to the north and east. A planning application is currently being advertised, with the proposal seeking to develop the land for two (2) dwellings and subdivide the land into two (2) allotments.

4.0 PROPOSAL

4.1 The proposal seeks to redevelop the land for the construction of a three (3) storey building

with three (3) shops at ground floor and twelve dwellings at first and second floors. Pedestrian access to the dwellings is provided along the Cavanagh Street frontage, with vehicle access provided to the sixteen (16) car parking spaces via the right of way to the rear.

4.2 Given the slope of the land the building height varies between 9.65m (north-east corner) to 11.8m (south-west corner). Both the first and second floor would be visible from the north and south, with the adjacent shops being single storey.

4.3 At ground floor, the Cavanagh Street frontage is mainly glazing associated with the shop facades, with a 1.9m wide dwelling entrance. To the rear, the elevation comprises of three (3) shutter does with horizontal detailing proposed to soften the 5m height of the ground floor and the additional height associated with the balcony balustrading (up to 7m above ground level). At this point the built form is constructed on the boundary.

4.4 At first floor, the balconies facing Cavanagh Street are constructed on the front boundary, with the building set back 1.7m. Clear balustrading softens the built form on the boundary. As noted above, the rear balconies are constructed on the boundary, with frosted glazing proposed.

4.5 Moving to the second floor, the balconies are again constructed on the Cavanagh Street front boundary, however the building is set back 3.4m. To the rear, the balconies are set back 1.3m with the building form set back 3 metres from the rear boundary.

4.6 In relation to the north and south elevations, the built from is constructed on the side property boundaries, adjacent to existing built form on the adjoining properties and enclosing the sides of the balconies. Articulation is provided along these elevations via varied materials to break up the sheer planes proposed.

4.7 The shops have a combined floor area of 219.6m2, and are provided with one (1) parking space per tenancy. A mixture of one (1) and two (2) bedroom dwellings are proposed, with one (1) parking space provided per dwelling, with one (1) visitor space proposed. Details of the dwellings are described below:



Trim: IC14/147 70

Floor Dwelling Details

1st 5 x 2 bedroom dwellings 1 x 1 bedroom dwelling East facing balconies – 10.4m2 with a depth of 1.7m West facing balconies – 10.4m2 with a depth of 1.7m Lift Access provided

2nd 5 x 2 bedroom dwellings 1 x 1 bedroom dwelling East facing balconies – 20.7m2 with a depth of 3.4m West facing balconies – 10.4m2 with a depth of 1.7m Stairwell access provided (no lift to second floor)

4.8 All dwellings have their open plan living areas oriented to the roads (laneway and

Cavanagh Street) with the bedrooms located within the internal section of the building. Most bedrooms are provided with access to daylight via a light well, dimensions of 1.6-1.9m by 1.875m.

4.9 Light wells are not provided to Dwellings 5 and 11. The bedroom of Dwelling 5 is reliant on borrowed light from the living area, with the study having no access to daylight. The bedrooms of Dwelling 11 are provided with operable skylights. Bedroom 1 of this dwelling also has retractable wall/door elements, borrowing light from the living area.

4.10 Car parking is provided within car stackers with four (4) double width car lifts

accommodating sixteen vehicles. As the land slopes to the rear, the car lift can easily be accommodated within the rear of the site. As no loading bay has been proposed, deliveries are proposed to occur from the front of the site, with delivery vehicles utilising the existing 90 degree angle car public parking along Cavanagh Street

4.11 Waste facilities are also provided at the rear of the buildings with two (2) separate waste disposal areas accommodating general waste and recycling. Waste receptacles can be accessed by dwelling occupants via the lift or stairwell. Tenants of the retail premises would be required to exit the building and use the pedestrian accessway to the rear of the building. A private waste collector would be contracted for collection, with direct access to the waste areas proposed via two (2) roller shutter doors located on either side of the main vehicle entrance.

4.12 Eight (8) bicycle parking spaces are proposed within the rear of the site, adjacent to the storage spaces allocated to the dwellings.

4.13 A 6000L underground water tank is proposed to be connected to all toilets for flushing.

5.0 RELEVANT POLICIES & SCHEME PROVISIONS

5.1 State Planning Policy Framework (SPPF)

Clause 11 Settlement Clause 15 Built Environment and Heritage Clause 16 Housing

Clause 17 Economic Development



Trim: IC14/147 71

5.2 Local Planning Policy Framework (LPPF)

Clause 21.03 Land Use Challenges for the New Millennium Clause 21.06 Retail and Commercial Land Use Clause 22.11 Residential Development Policy

5.3 Zoning

Clause 34.01 Commercial 1 Zone

5.4 Overlays

There are no overlays applicable to the subject site

5.5 Particular Provisions

Clause 52.06 Car Parking Clause 52.07 Loading and Unloading of Vehicles Clause 55 To or more dwellings on a lot and residential buildings (decision guideline)

5.6 General Provisions

Clause 65 General Provisions

6.0 PLANNING PERMIT PROVISIONS Commercial 1 Zone

6.1 Development: Pursuant to Clause 34.01-4, a planning permit is required to construct a building or construct and carry out works.

6.2 Any application for the development of the land for two (2) or more dwellings must meet the information requirements at Clause 34.01-5 (site description plan and design response). Furthermore, the decision guidelines for buildings and works include amenity impacts on adjacent residential zones and the objective, standards and decision guidelines of Clause 55 where the development is less than five (5) storeys.

6.3 Use: Pursuant to Clause 34.01-1, a planning permit is not required to use the land for accommodation provided the frontage at ground floor does not exceed 2 metres.

6.4 Further to this, pursuant to Clause 34.01-1, a planning permit is not required to use the

land for a shop. Particular Provisions

6.5 Car Parking: In accordance with Clause 52.06-5, the car parking requirements for the development are as follows:

Residential

- 1 space to each 1 or 2 bedroom dwelling; and

- 1 visitor space for every 5 dwellings.

Shops

- 4 spaces to each 100m2 of leasable floor area



Trim: IC14/147 72

6.6 This equates to a car parking requirement of (21) twenty-one spaces, including two (2) visitor spaces, for the proposed development.

6.7 As sixteen (16) car parking spaces are proposed, a planning permit is required pursuant to Clause 52.06-3 to reduce the car parking requirement.

6.8 Loading Requirements: As a loading bay is not provided for the proposed shops, a

planning permit is required to waive the loading bay requirement of Clause 52.07.

General Provisions

6.9 The Decision Guidelines of Clause 65 of the Kingston Planning Scheme are relevant to this application and require consideration to be given to a variety of matters including planning scheme policies, the purpose of the zone, orderly planning and the impact on amenity.

7.0 ADVERTISING

7.1 The proposal was advertised by sending notices to adjoining and opposite property owners and occupiers and by maintaining two (2) notices on site for fourteen (14) days. Four (4) objections to the proposal were received. The valid grounds of objection raised are summarised as follows:

Overall height

Visual bulk

Car parking impacts associated with a reduction of the requirements. (both Cavanagh Street and overflow into Fairview Avenue and laneway)

Increase in traffic volume within the area

Loading bay waiver

Overlooking

Noise associated with additional residents and car stacker

8.0 PLANNING CONSULTATION MEETING 8.1 A planning consultation meeting was held on the 10th December 2013, with the relevant

Planning Officer, Chairperson, the Permit Applicant, land owners and two (2) objectors in attendance. The above-mentioned issues were discussed at length.

8.2 The above concerns were unable to be resolved at the meeting, and the objections still

stand. 9.0 SECTION 50 / 50A / 57A – AMENDMENT TO PLANS

9.1 The applicant submitted amended plans on the 18th October, 2013, in response to the

further information request and concerns raised by the planning officer. It is these plans that were advertised and form the considered plans.



Trim: IC14/147 73

10.0 REFERRALS

10.1 The application was referred to the following internal departments:

Development Engineer – raised no objection to the application, subject to conditions included on any permit issued relating to the provision of a comprehensive integrated stormwater management strategy. This would be a condition 1 requirement on any planning permit issued. Further permit conditions are recommended that relate to the provision of stormwater management plans and works.

Traffic and Transport – originally raised concerns with the development relating to visibility when exiting the rear of the site, car parking dimensions and clearance requirements, however amended plans submitted on the 18th October, 2013 largely addressed these concerns. Based upon the considered plans, the following comments and recommendations were made:

o The shortfall of 1 visitor parking spaces can be accommodated by the surrounding

on-street parking spaces.

o Body corporate must maintain and repair the mechanical stackers to ensure the

usability of these units at all time.

o The car park and the laneway in the vicinity of the proposed development should be

well lit and secure.

o Future residents are ineligible for resident parking permits.

o Construction Management Plan and Traffic Management Plans are required prior to

the commencement of construction.

Roads and Drains Engineering – raised no objection to the proposal subject to the inclusion of a number of permit conditions including the provision of a flood proof apex protecting the proposed driveway from overland flows. Standard conditions relating to the replacement and reinstatement of crossings, footpaths and the like have also been recommended.

Urban and Sustainable Design Officer – advised that the planning report addresses the relevant criteria expected for this type and scale of development, however made recommendations to amend some of the documentation and development plans to ensure consistency. Such recommendations are considered to be reasonable to address by way of planning permit conditions to ensure that the ESD commitments are maintained through the developments stage and ongoing use of the development. The commitments and further recommendations are discussed at Section 11 of this report.

Vegetation Management Officer – noted that the location and type of development would not require landscape comments given the proposal seeks to construct over the site for its entirety.

Urban Design – advised that the design of the development is suitably configured with retail activation on street level with upper floor dwellings having balconies facing Cavanagh Street and the rear laneway. Recommendations were made to upgrade the footpath and laneway in accordance with the Activity Centre Streetscape Suite to improve the amenity of the public realm.



Trim: IC14/147 74

Further to this, recommendations were made to improve the northern interface of the development due to its visibility from the street. Unlike the southern interface, the property at No. 99 Cavanagh Street would be unlikely to achieve a three (3) storey form given its narrow width and direct interface with a residential property. As such, the upper elements of the subject site would be visible, even in the event that the property to the north was re-developed. This is further discussed at Section 11 of this report.

Waste Management – advised verbally on the 23rd January 2014 that the waste management plan was ok and requires not further changes. It is recommended that the operation of the access to the roller doors be noted on the plans.

10.2 No external referrals were undertaken for this development.

11.0 PLANNING CONSIDERATIONS:

State Planning Policy Framework

11.1 The State Planning Policy Framework sets out the relevant state-wide policies for residential development at Clause 11 (Settlement), Clause 15 (Built Environment and Heritage), Clause 16 (Housing) and Clause 17 (Economic Development). Essentially, the provisions within these clauses seek to achieve the fundamental objectives and policy outcomes sought by the Metropolitan Strategy – ‘Melbourne 2030’ and its recent update ‘Melbourne @ 5 Million’, which have been removed from an individual clause and integrated throughout the State Planning Policy Framework.

11.2 The settlement policies at Clause 11 seek to ensure a sufficient supply of land is available for all forms of land use in Victoria. Of particular relevance to housing, Clause 11 promotes housing diversity and urban consolidation objectives in the established urban realm. Clause 11.02-1 states that Planning Authorities should plan to accommodate projected population growth over at least a 15 year period, taking account of opportunities for redevelopment and intensification of existing urban areas as well consideration being had for environmental aspects, sustainable development and the costs associated with providing infrastructure. This clause states:

Planning for urban growth, should consider:

o Opportunities for the consolidation, redevelopment and intensification of existing

urban areas;

o Neighbourhood character and landscape considerations;

o The limits of land capability and natural hazards and environmental quality;

o Service limitations and the costs of providing infrastructure.

11.3 Clause 11.01-2 places particular emphasis on providing increased densities of housing in

and around activity centres or sites that have good access to a range of services, facilities and transport options.

11.4 Clause 15 (Built Environment and Heritage) aims to ensure all new land use and development appropriately responds to its landscape, valued built form and cultural context, and protect places and sites with significant heritage, architectural, aesthetic, scientific and cultural value.



Trim: IC14/147 75

11.5 Clause 15.03-2 (Aboriginal Cultural Heritage) seeks to ensure the protection and conservation of places of Aboriginal cultural heritage significance. The Subject Land is not identified in an area of Aboriginal Cultural Heritage Sensitivity.

11.6 Policies pertaining to urban design, built form and heritage outcomes are found at Clause 15 of the State Planning Policy Framework. Of particular significance, Clause 15.01 encourages development to achieve high quality architectural and urban design outcomes that contribute positively to neighbourhood character, minimises detrimental amenity impacts and achieves safety for future residents, and the community, through good design. The provisions of Clause 15.02 promote energy and resource efficiency through improved building design, urban consolidation and promotion of sustainable transport.

11.7 Housing objectives are further advanced at Clause 16. This Clause aims to encourage

increased diversity in housing to meet the needs of the community through different life stages and respond to market demand for housing. In much the same vein as Clause 11, this Clause advances notions of consolidation of existing urban areas, particularly in and around activity centres and employment corridors that are well served by all infrastructure and services.

11.8 The policies contained within Clause 16.01-4 encourage the provision of range of housing types to meet the increasingly diverse needs of the community. Emphasis is placed on development of well-designed medium density housing with respect to neighbourhood character. Further, this Clause aims to make better use of the existing infrastructure and provide more energy efficient housing.

11.9 Clause 17 (Economic Development) recognises the role of planning in providing a strong economy through the provision of land, resolving land use conflicts and facilitating decisions that allow areas to achieve their full economic potential. Objectives at Clause 17.01-1 (Business) encourage development that meets the communities’ needs for a wide range of commercial services and there is a net benefit is relation to accessibility, infrastructure efficiency, sustainability and aggregation of facilities. Strategies foster both large and small scale developments, based upon the function and location of centres.

11.10 It is submitted that the redevelopment of the existing shops should improve the presentation of the existing row of neighbourhood shops and facilitate the revitalisation of the shopping strip. The use of the land for a ‘shop’ is an as of right use and upon occupation will contribute to servicing the needs of the local community, including the needs of the future occupants of the two-hundred and eight (208) dwelling development that is under construction at Central Park (No. 98 -116 Cavanagh Street).

11.11 The redevelopment of the land for shop top housing supports principles of urban

consolidation and making better use of existing infrastructure. Whilst the land is not an identified activity centre, the site is within reasonable distance of and has good access to two (2) activity centres, being Southland Principal Activity Centre and Cheltenham Major Activity centre. The local bus route, 50m north of the site, connects the local area with Southland Activity Centre, which serves as a transport node for multiple bus routes.

11.12 Planning Policy encourages diverse housing choices within medium density development,

and whilst the format of the proposal is predominantly two (2) bedroom dwellings (with two having one bedroom and a small study) the overall development contributes to the dwelling diversity of the local precinct, which appears to comprise mostly of single dwelling allotments.



Trim: IC14/147 76

11.13 The redevelopment of the land for a three (3) storey building has considered both the commercial context of its immediate abuttals and the residential context of the opposite properties and broader area.

11.14 The development makes a positive contribution to the Cavanagh Street streetscape, with

large balconies oriented to the street, offering good opportunities for activation of the commercial strip. To the rear laneway, the proposal, subject to conditions has appropriately responded to the “back end” of the shops, with further visual interest provided at the upper levels, where they would be visible above boundary fences enclosing the rear of residential properties.

11.15 Whist it is noted that the north and south elevations have not provided for graduation or

level of activation, it is considered that the anticipation of further redevelopment of the commercial strip suitably justifies (subject to conditions) this response.

11.16 Car parking matters have been addressed in relation to the provision of an adequate level

of car parking spaces, with the proposed reduction deemed adequate. This is discussed in detail from Section 11.83 of this report. Whilst it is acknowledged that the function of the traffic network is currently being disrupted by the construction of the development at No. 98 – 116 Cavanagh Street, it is considered that the proposed development would not place an unreasonable burden on the network nor the parking availability in the vicinity of the site.

11.17 Ecologically Sustainable Design (ESD) concepts have been incorporated within the

development, including commitments to the provision of skylights to the upper level (third storey) dwellings, bicycle parking, rainwater tanks plumbed to toilets and sustainable materials nominated for incorporation within the development. It is recommended that further alterations be made to the plans and ESD report to ensure the consistency and accuracy of both documents.

Local Planning Policy Framework

11.18 Whilst housing change (incremental / increased diversity) is not directed for the commercial land within the Strategic Land Use Framework Plan, the Council policy at Clause 21.03 (Land Use Challenges for the New Millennium) acknowledges the challenges that the decline in household sizes poses on the available housing stock.

11.19 Clause 21.06 (Retail and Commercial Land Use) of the Kingston Planning Scheme, seeks to provide guidance for the future use and development of land within any Commercial zone. The policy seeks to consolidate the use and development of retail and commercial land uses within Activity Centres, with a key challenge being the diversification of activity centres to incorporate residential / mixed use.

11.20 As noted, there is no specific direction for housing change within the neighbourhood

shopping strip; however that is not to say that no change is the preferred outcome. It is considered that the use of the land for housing, an as of right use under the Commercial 1 Zone (where the frontage is less than 2 metres wide), is an appropriate use of the land whereby the use is well connected to services and utilises local conveniences and infrastructure. Provided a balance is achieved between the redevelopment of the land and the amenity of the local area, the use of the land for residential purposes is considered to be a suitable land use outcome.

11.21 Clause 22.11 (Residential Development Policy) builds on the housing related policies contained within the State Planning Policy frameworks and seeks to further the objectives surrounding dwelling development diversity and development design. Whilst the Clause



Trim: IC14/147 77

primarily relates to Residential Zoned Land, it is considered appropriate to apply the objectives of the Clause to the housing component of the subject application.

11.22 The approach recommends that new well-designed multi dwelling housing be developed in

locations accessible to public transport and activity centres to achieve an increase in housing diversity. Further the policy refers to consideration of key issues relating to stormwater management, car parking and high quality designs that respond to sensitive interfaces.

11.23 It is considered that the development achieves a reasonable balance between higher

density development within a commercial zone and respecting the amenity and character of a predominantly residential area. Whilst three storeys is higher than existing development within the area, the setbacks and design details adopted achieve a response that is acceptable and respectful of this context. Built form and amenity are discussed in detail from Section 11.28.

11.24 Car parking is provided within the development via car stackers, with direct access

provided from the laneway. Whilst a reduction of five (5) spaces is sought, in light of the proposal and formalised on street public parking to the front of the site, this is considered to be reasonable. Parking is discussed, in detail, at Section 11.83.

Zoning

11.25 It is noted at Section 6 that a planning permit is not required to use the land for a shop or dwelling. Accordingly, the planning considerations under the Commercial 1 zone relate to the buildings and works.

The movement of pedestrians and cyclists, and vehicles providing for supplies, waste removal, emergency services and public transport.

The streetscape, including the conservation of buildings, illumination of buildings or their immediate spaces and the landscaping of land adjoining a road.

The storage of rubbish and materials for recycling. Defining the responsibility for the maintenance of buildings, landscaping and paved areas.

The design of buildings to provide for solar access. Planning Policy

11.26 As noted at Sections 11.1 to 11.24, it is considered that the use of the land for residential and shop purposes is not in question given their status under the Commercial 1 Zone, and as such support the objectives surrounding urban consolidation.

11.27 A careful balance must be achieved between the intensification of the land use and the amenity and character of the surrounding residential precinct, for which incremental housing change is identified. Built form outcomes, amenity and car parking are discussed in detail below. Neighbourhood Character and Visual Bulk

11.28 As discussed at Section 3 of this report, the general built form of the shopping strip is single storey, constructed to the front property boundary with an overhead canopy extending across the footpath. The frontages of the buildings display a high level of glazing and varied entry points, some being inset from the front wall. The open rear areas



Trim: IC14/147 78

generally remain unused, with the rear setbacks of buildings varying, accommodating some informal car parking.

11.29 The residential character is generally single storey, post war dwellings, with traditional hipped tiled roof forms and brick facades. Exceptions to this include the double storey flats directly south of the shopping strip, which display sheer (but modulated) elevations and a flat roof. Adjoining this, to the west is a second double storey apartment building, adopting a pitched roof form and sheer brick facades. Further a double storey dwelling is located north of the shopping strip, with more graduated facades and typical hipped roof forms.

11.30 The proposed site coverage of 100%, is not uncommon within commercial precincts and allows for all car parking and services to be contained within the building. This arrangement takes advantage of the commercial nature of the precinct and results in an orderly presentation to the surrounds.

11.31 It is acknowledged that the height of the development, being 9.69 - 10.28m to Cavanagh

Street and 11.16 - 11.8m to the rear laneway is considerably higher than the predominant built from of the area which is single storey. In saying this, three (3) storey built form has been approved as part of the Central Park development, north of the subject site.

11.32 This built form, under construction demonstrates the evolving nature of the streetscape and

locality, and in conjunction with the existing double storey dwellings within the area, provides a more reasonable context for which a three storey building could comfortably be accommodated within.

11.33 The site itself benefits from having no direct abuttals to the east or west with generous setback to the opposite properties attributed to the Right of Way (5.8m wide) and the carriageway and angled parking along Cavanagh Street (28m distance between the front boundary of the subject site to the opposite property).

11.34 There is no doubting that the three (3) storey built form would be visible from the street,

however views should be moderated by the width of Cavanagh Street (when viewing form the east side) and the shop canopy, which would obscure views from directly in front of the building. From the north and south, the adjacent built forms should assist in lessening the impact of the proposed sheer walls by way of physical separation and some element of graduation back form the pedestrian accessway.

11.35 It should be noted that the sheer elevations pre-empt the redevelopment of adjacent

commercial sites which could also be developed for a higher form than what currently exists. Such built forms could further moderate the height of the building by way of stepping down to the residential properties.

11.36 Further to this the development has adopted a varied palate along the north elevations,

with a deeper colour utilised for the first floor and very light for the uppermost storey softening the impacts to the third second floor. The mixture of materials and colours creates some visual interest along these elevations whilst responding to potential redevelopment of the adjacent sites (which may further obscure elements of the proposed development).

11.37 In saying this there are elements that could further improve the design detail of the

development and create more interest to break up the blank façade, particularly along the north elevation, where a transition down to two (2) storeys is likely to be required to address the residential interface to the north.



Trim: IC14/147 79

11.38 Additional side setbacks to the northern property boundary were recommended by Council’s Urban Design Department in anticipation of the redevelopment of the adjacent property at No. 99 Cavanagh Street being a maximum of two (2) storeys in height. This recommendation was presented to the applicant initially, alongside numerous other items relating to urban design, ESD and car parking. As a result the number of dwellings was reduced by two (2), however the northern setback was not adopted.

11.39 It is considered that in-setting the northern elevation of the third storey would unbalance the symmetry of the built form as it presents to the street and the laneway. Any future redevelopment of No. 99. Cavanagh Street (preferred maximum height of two storeys) may also obscure some of the third storey component of the development. In addition the setting back of the northern elevation may unreasonably compromise the layout of the two (2) northern dwellings at this level.

11.40 In light of this, it is not recommended that an additional setback be adopted, particularly where other treatments can be adopted to address the streetscape response (and internal amenity matters). Elements such as fire rated windows along the northern elevation alongside the continuation of the darker banding which is proposed at the upper parapet could assist in this elevation being perceived less as a sideage and more as an additional frontage.

11.41 In saying this, the introduction of north facing windows, whilst providing for good northern

light for the dwellings, is likely to prejudice the development of No. 99 Cavanagh Street, whereby development higher than two (2) storeys would affect the amenity of the proposal at hand and thus would be unlikely to be supported.

11.42 In considering the prejudice imposed on the future redevelopment of No. 99 Cavanagh

Street, the planning department has considered:

o The residential property to the north of the commercial strip contains a single storey

dwelling.

o The land and the residential land surrounding the development is zoned Residential

3 Zone which has an overall height control of 9 metres.

o Under the current land controls, it is envisaged that the maximum number of

storeys constructed on the residential land to the north would be two (2) storeys.

o Documents tabled at the Council meeting on the 23rd September 2013 nominated

the residential area surrounding the subject site as being considered for rezoning to neighbourhood Residential Zone, with a maximum height to 8.6 metres for two (2) storey dwellings (unless of a slope of 2.5 degrees or more over a 8 metre cross-section).

o No. 99 Cavanagh Street has a width of 6.1m which would restrict the ability to inset

a second floor (third storey) to achieve a transition down to the adjacent residential property.

11.43 In light of the above points, it would be an undesirable outcome for No. 99 Cavanagh

Street to be redeveloped in the future for more than two (2) storeys where it would likely have a direct and unreasonable amenity impact upon the residential property to the north. Further the presentation of a three (3) storey built form to a narrow pedestrian pathway is not considered to be a good outcome. Thus a height of two (2) storeys is considered to be the preferred outcome, given the context and abuttals.

11.44 The laneway to the rear of the site, whilst wide, does not serve as a street frontage, however provides vehicle access to the retail tenancies and the garages of the residential dwelling facing Fairview Avenue. The proposed development at 10 Fairview (directly behind the subject site) seeks to construct a double storey dwelling within the rear area



Trim: IC14/147 80

with its outlooks and open space oriented to the north (away from the subject site) and car parking oriented to laneway to its east.

11.45 More direct views would be obtained from the open space of No, 8 Fairview Avenue, with

its POS within the north east corner of the site. It is here that the design detail of the development is important to alleviate the bulk attributed to the overall height of the development.

11.46 To the rear, the proposal is constructed on the rear property boundary, up to a height of

7.15m in the south-west corner, where the site is at its lowest. Utilising Standard B17 as a guide from the rear property boundary of the Fairview Avenue allotments, the development meets and exceeds the setback requirements, creating distance to buffer the form.

11.47 From the perspective drawings, it is noted that the ground floor is quite a dominant feature

of the proposal due to the darker colours, sheer facade and height attributed with the slope of the land. The facade to the top of the first floor balustrading is sheer, with the maximum 7m height quite dominant. In saying this, the laneway serves as a vehicle access only and is not a pedestrian based street, however views from the adjacent properties must be considered.

11.48 The entire elevation would unlikely be seen from the adjacent properties, with the rear

boundary fences (2 metres high) obscuring a portion of the bottom section (being the darkest section) of the elevation. This would result in the upper half of the ground floor being visible.

11.49 It is considered that the dark colours and design detail emphasises the height of the

proposal and that adopting a lighter palate within the band that extends horizontally between the roller doors and the glass balustrading may assist in further breaking up the façade and achieving an improved design outcome. This should assist in alleviating the mass and bulk at ground floor level alongside the setbacks from the residential properties.

11.50 The design cleverly utilises a mixture of materials in a vertical arrangement to break up

horizontality of the 18m wide form. The use of horizontal louvers, stacked vertically, clearly distinguishes the individual occupancies, combined with translucent glass achieved adequate screening measures.

11.51 To the front and rear, the development steps back the built from, avoiding three (3) storeys

of sheer walls to the street and right of way. To Cavanagh Street, it is only the third storey which is recessed, with a two (2) storey street wall. Given the width of Cavanagh Street, this is an appropriate response.

11.52 To the laneway, the development has stepped back the form at all levels, with the top most

storey being set back 3 metres from the rear boundary (10.8m from the rear of the adjacent residential property). The balconies do encroach with these setbacks and step back along with the building form. Setting both the building form and the balconies is considered to be a more sympathetic approach to the residential amenity of the adjoining properties.

11.53 The development segments the façade into three (3) sections, maintaining the existing

character of the single width commercial properties. This is continued up to the top most floor, both at the front and the rear of the development.

11.54 The retention of the three (3) shop frontages, with a 0m setback of the shops is consistent with the existing circumstances of the site and streetscape, continuing the activated facades with high levels of glazing maintained. The bi-fold windows on Tenancy 1 would allow for greater integration between the private and public realms, creating a livelier



Trim: IC14/147 81

precinct. The indented entrance to the dwellings marks a clear difference to the entrance points and references the inset entrances of the shops within the strip. Off-Site Amenity

11.55 Visual impacts relating to the built form, including visual bulk and height have been

discussed above, with the development, subject to conditions on any permit issued, deemed to achieve an adequate design response. The immediate street and laneway interfaces, alongside the commercial abuttals create a buffer between the site and the surrounding sensitive residential properties. This buffer assists in reducing the more immediate impacts of the proposed mixed use development.

11.56 With relation to the amenity of the adjacent residential properties, the design and distance

results in unreasonable amenity impacts being avoided. In particular the overshadowing diagrams, demonstrate that the shadowing from the development at 9am is extensive and additional to the existing shadows. From 10am, the shadows cast by the development fall within the laneway and within the existing shadows cast by the property boundary fencing, meeting the requirements of Standard B21 of ResCode.

11.57 In relation to overlooking, the development provides for habitable areas and windows along

the east and west elevations only. 11.58 To Cavanagh Street, easterly views are dominated by the road carriageway. From the

northern balcony at second floor, the reduced balustrade height of 1m would allow for some views towards the residential properties. Views within 9 metres would include a section of the front yard of No. 101 Cavanagh Street, which comprises of the driveway area, which is visible from the street. To require screening to this balcony would go above the requirements of ResCode and would result in additional visual bulk presenting to the street.

11.59 To the rear, the west facing balconies are provided with screening by way of obscured

glass to a height of 1.7m above the floor level and fixed horizontal louvres, angled upwards to limit downward views into the secluded areas of the Fairview Avenue properties. To the north and south of the balconies, screening to a height of 1.7 metres is maintained through the height of the rendered façade.

On-Site Amenity

11.60 Each of the dwellings are provided with a good outlook to the street or laneway area, with

the living areas provided with large sliding doors out onto balconies of at least 1.7m in depth.

11.61 With the exception of Dwelling 5, the bedrooms at first floor are provided with access to

daylight via light wells with an area of 3.56m2 and minimum dimensions of 1.6m. This standard meets the requirement of Standard B27 – Daylight to new windows. It is noted that there are further opportunities within the design for daylight access, with Apartment 5 and 6 being provided with operable walls accessing borrowed light also.

11.62 At second floor, with the exception of Dwelling 11, the dwellings also access natural light

via light wells (extending to the floor below), with their reduced depth at this level improving on the level of daylight access. Each dwelling at this level is also provided with operable skylights to provide further natural light.

11.63 With relation to access to daylight for Dwellings 5 and 11, it is considered that both

dwellings should be provided with further opportunities to access daylight, particularly



Trim: IC14/147 82

where the current opportunities provided (within the overall development) meet only the minimum requirements.

11.64 The bedroom and study of Dwelling 5, in its current design, are only afforded light via

borrowed light from the living area (bedroom 1) or via artificial light (study). The bedrooms of Dwelling 11 are afforded natural light via skylights only, and whilst this may provide natural light, the internal environment of these rooms would be undesirable.

11.65 In the decision of Member Sibonis in United Meridian Pty Ltd v Kingston CC [2010] VCAT

1214 (16 July 2010), considerations regarding the appropriateness of relying on borrowed light, based on previous Tribunal decisions are summarised:

29. The matter of borrowed light has been commented on in a number of Tribunal

decisions. Based on the findings within these decisions, some of the matters to be considered in determining whether the extent of reliance on borrowed light is acceptable are:

The context of the review site, as some reliance on borrowed light may be acceptable in inner city mixed use locations or within activity centres.

Whether the development involves the conversion of a non-residential building where the retention of part or all of the structure may restrict the ability to provide direct daylight to all proposed habitable rooms.

The intended use of the affected rooms, as borrowed light may be more acceptable for bedrooms than living areas, for example.

The percentage of rooms or dwellings within the development that will rely on borrowed light.

11.66 The context of the review site, as discussed at Section 3 and 4, is outside of an Activity

Centre, within a neighbourhood shopping strip surrounded by residential development. Thus the proposal, does not achieve a central location (or Activity Centre in this instance) that may balance a reduced level of internal amenity, as referenced within the decision of Member Hewet in North & West Melbourne Association Inc v Melbourne CC [2002] VCAT 485 (29 July 2002):

48. I also agree with Mr McGurn's evidence that the exercise of judgement on these matters cannot be divorced from my earlier findings that the redevelopment of this site for a mix of retail/residential uses is specifically encouraged by the planning scheme. In this planning context there is I think considerable merit in the proposition put by Mr McGurn that some future occupants of this development will be prepared to sacrifice some elements of internal amenity in return for enjoying the benefits of living in this central location, at a relatively affordable price.

11.67 In relation to the second point raised by Member Sibonis, the proposal constitutes a new

development; whereby there are no constraints posed by retaining any existing built form. Further, the habitable rooms in question are located on the periphery of the building, where there are opportunities to improve daylight opportunities via light wells, as provided for all other dwellings within the development, without transforming the dwellings, nor reducing the number of bedrooms proposed.

11.68 Considering the third point raised by Member Sibonis, it is acknowledged that all living

areas are provided with good levels of direct natural daylight, with bedrooms / study being the only areas reliant on borrowed light. Whilst bedrooms may be more acceptable rooms to rely upon borrowed light, it does not mean it should always acceptable to rely on



Trim: IC14/147 83

borrowed light, particularly in this instance where direct light is achievable through reasonable (and not extensive) design modifications.

11.69 With relation to the final point, the more recent decision of Member Liston in PDG Corporation Pty Ltd v Yarra CC [2009] VCAT 737 (29 April 2009) discusses borrowed light in relation to the percentage of apartments that are reliant on this form of daylight access. In this decision, it is considered that it the balance of dwellings / bedrooms relying on borrowed light is irrelevant in considering internal amenity:

10. There are decisions which at least refer approvingly of the “low” percentage of

dwellings within a development which are reliant on borrowed light for some rooms within the dwelling.

11. I think that must be an irrelevant consideration. If a decision is made that a particular dwelling design provides an appropriate level of amenity then that decision is valid for all such dwellings. The amenity of a particular dwelling is not changed by the fact that there are other dwellings within the same development based on a similar design standard.

11.70 As noted above at 11.69, it is not considered that borrowed light is acceptable within this

development given the opportunities afforded of its context, layout and design. Whilst the number of rooms relying on borrowed light is low, the aforementioned points demonstrate that direct access to daylight can be achieved.

11.71 Whilst at second floor, direct light can be achieved through operable skylights, the requirement to provide direct access to daylight at first floor presents an opportunity to improve the indoor environment of Dwelling 11 through the replication of the light well, essential to achieve daylight below (as discussed at Section 11.64).

11.72 As such, it is recommended that an additional light well be provided along the south side of the building, with a minimum area of 3m2 in accordance with Clause 55.05-3 (Daylight to new windows). This requirement is likely to result in the need for internal alterations to both Dwelling 5 and 11, with the study area of Dwelling 5 being reduced to a nook rather than an enclosed room. These alterations are considered reasonable, even where they may result in a loss of a room to ensure that a balance is struck between development opportunities and maximising yield with on-site amenity.

11.73 Further to providing the new light well, it is recommended that a condition be included to

provide internal section to demonstrate the dimensions of the light well window to ensure daylight access is maximised and that general maintenance of these areas can be achieved.

11.74 As noted within the discussion of on-site amenity, the balconies are screened along the external elevations to limit overlooking opportunities to adjacent residential properties. Internally views are mitigated by way of the building form, which separates each of the apartments and extends from floor to ceiling at first floor and to a height of 1.7m at second floor.

11.75 With relation to accessibility, the development achieves an internal accessway of 1.1m in

width, with a lift providing access to the first floor only. Despite Council suggestion, the applicant has not sought to extend the lift to the upper floor. Whilst internal corridors are generally 1.1m in width, the plans nominate wider clearance areas at the dwellings entrance points within the building, allowing for manoeuvrability of large items within the common area.



Trim: IC14/147 84

11.76 It is recommended that the termination of the first floor corridor, at the entrance points of Dwellings 1 and 2 be modified to meet AS1428.1-2009 to provide for adequate turning area for wheelchair access and general manoeuvrability.

11.77 Further to this , to improve safety within the development, it is suggested that lighting within

and around the development should be considered to improve pedestrian safety when accessing the site. Site Services

11.78 The applicant has provided a waste management plan for the development which relies on the shared storage area to the rear of the site. Whist Council’s preference would be for the commercial properties to have direct access to the waste areas, it would not be considered unreasonable for these properties to take their waste to the rear of the site via the street frontage given the short distance.

11.79 Mail boxes have been provided for within the indented street entrance (marked L/B on te plans) in accordance with the requirements of Australia Post.

Ecologically Sustainable Design

11.80 The applicant has committed to a number of sustainable design elements within the development including skylights which provide for good access to daylight and the amenity of the dwellings, and services such as solar panels and solar hot water which should improve the ongoing energy requirements for the building.

11.81 Further to this the applicant has provided on site bicycle parking for residents / tenants, conveniently and securely located within the enclosed car parking area. It appears that there is an inconsistency with regard to the number of spaces provided with the plans indicating less than the report. A permit condition could be included on any approval issued to ensure consistency through the documents.

11.82 The report and plans appear to be inconsistent in some areas, and it is recommended that

the plans (and report as applicable) be amended to ensure consistency between the documents.

o Correcting the discrepancy between the heating rating with the STEPS assessment

and the report;

o Correcting the discrepancy between the toilets referenced within the STORM report

and the development plans. This may require the water tank size to be increased to accommodate the reduction in water used for toilet flushing;

o Indication of all ESD features on the plans, including:

Type of bicycle parking including dimensional clearances; Notations regarding energy efficient heating, cooling, hot water and lighting; Dual bins within the joinery; and Sustainable timber specifications.

11.83 Further recommendations were also made to the applicant to improve the overall

sustainability of the development including:

o As the BCA Energy Efficiency requirements could be considered a minimum

standard, recommend the applicant commit to strategies which will result in an energy rating that exceeds National Construction Code (NCC) requirements.

o Standard aluminium frames have been associated with poor energy efficiency due

to thermal conductivity. Consider high performance glazing and windows



Trim: IC14/147 85

incorporating a thermal break. Nominate selected glazing types on the application drawings.

o Cladding materials that are readily recyclable.

o Post occupancy evaluation and fine building tuning.

o Engagement of contractors with environmental expertise, including ISO 14001.

11.84 In an email dated the 20th January 2014, the applicant advised that:

o All Residential Glazed Doors: will have low E comfort glazing with a U value of 4.2.

All Residential Windows including roof windows & skylights: will be double glazed with U value of 6.1.

o Refer to ESD Report by LID Consultants Pg: 13 ‘Material Selection’ outlining a high

percentage reuse and recyclability of materials at end of life. Where polystyrene foam cladding will be used in this building, only zero Ozone Depleting Potential (ODP) polystyrene will be used.

o A Post Occupancy Evaluation will be conducted quarterly for the first year and

annually thereafter – fine tuning will be in line with building occupants feedback.

o Throughout demolition and construction where practicable contractors will have

ISO 14001 accreditation.

11.85 It was determined that the efficiencies proposed within the development, subject to the conditions to correct the errors and improve the consistencies are sufficient to address the objectives of Clause 15, with regard to sustainable design for a building of this type and scale. Car Parking and Access

11.86 The proposal seeks to provide for parking (car stackers) within the rear of the site, with access provided via the 5.8m wide rear laneway. The parking area provides direct internal access to the dwellings via the lift or stairwell.

11.87 Concern was by objectors raised with regard to the noise and use of the car stackers within the development. It is considered that the noise generated from car stackers is not unreasonable within a residential context, with noise associated with well-maintained stackers being relatively limited. A permit condition should be included within any permit issued to ensure that the car stacker is maintained to ensure its ongoing operation.

11.88 To ensure the security and safety of residents, it is recommended that an intercom / security system be nominated on the plans, particularly to allow visitors to access the parking space available within the rear of the site. Further to this, adequate lighting of the pedestrian and vehicle entrances should be provided and balanced with the amenity of the residential properties within proximity of the site.

11.89 The applicant has considered visibility from vehicles exiting the site, employing a 50%

visually permeable material; however this material is not nominated on any plan. A permit condition should be included in any approval issued to address this matter. Further to matters pertaining to safety, it is noted that the plans do not nominate any lighting or security with regard to both the pedestrian entrance and the rear vehicle entrances. It is recommended that a condition be included on any permit issued to provide lighting details, within these areas, on the plans.

11.90 To ensure that the car park is protected from any overland flows Council’s Roads and

Drains Engineer have made recommendations to provide a 100mm apex against the existing ROW within the site.



Trim: IC14/147 86

11.91 To ensure that the development of the land does not cause unreasonable impacts on the area, a Construction Management Plan and Traffic Management Plan must be submitted and approved by council prior to the commencement of works. Public Works

11.92 Recommendations were also made in relation to the provision of paving of the laneway

and the footpath in front and directly to the rear of the site in accordance with Council’s Streetscape Suite.

11.93 With relation to the rear of the site, the laneway has been constructed and completed in

asphalt and thus an upgrade is a preference rather than a requirement. Furthermore the concrete footpath to the front of the site is not in a state of disrepair. In light of this it is noted that the reconstruction of Council infrastructure is not a requirement, rather a preference to upgrade the amenity of the area. Particular Provisions

Car Parking

11.94 As discussed at Section 6 of this report, the proposed development requires a total of

twenty-one (21) spaces, with fourteen (14) spaces required for the residential component of the development and seven (7) spaces for the commercial (shop) component of the proposal.

11.95 The proposal provides sixteen (16) spaces, with thirteen (13) spaces, including one (1) visitor space, allocated to the residential dwellings and three (3) spaces (being one to each shop) for the commercial component. A reduction of five (5) spaces is sought.

11.96 The current parking and traffic conditions appear to be exacerbated by the construction of

the Central Park development at No. 98 – 116 Cavanagh Street, for 208 dwellings.

11.97 Public available car parking within proximity of the site is as follows:

o 26 unrestricted, line marked spaces to the front (east) of the shopping strip, which

extend from the units to the south, northwards, to No. 99 Cavanagh Street.

o Kerbside parking to the east of Cavanagh Street (6 spaces).

o Kerbside parking within the street network, including Dewrang Street and Fairview

Avenue. 11.98 Traffic counts and parking survey data were submitted by the applicant, and reviewed by

Council’s Traffic and Transport Department. An assessment of the current parking conditions indicates that there are a number of on street / pubic parking opportunities, that could absorb the overflow parking associated with the development.

11.99 The report acknowledges the variation in the demand for spaces, with longer term stays generated by offices and existing dwellings and short stay trips generated by the milk bar and Laundromat, which are generally 10 minutes to an hour.

11.100 Parking surveys relating to the 90 degree angle parking demonstrate a minimum capacity of 11 vacant spaces, with 20 vacant spaces available midweek at 6pm. Surveys also indicate that the use of these parking spaces is generally attributed to the residential properties to the south and the users of the offices.



Trim: IC14/147 87

11.101 The proposed shops have a total floor area of 219m2, being less than the attributed shop floor area that currently exists. Currently there are informal opportunities to park behind 93 and 95 Cavanagh Street, with the built form associated with No. 97 preventing any on site parking opportunities. Approximately 2 to 3 spaces could be accommodated to the rear of No. 93 and No. 95 Cavanagh Street. Customer parking for current land uses is accommodated via the public parking along Cavanagh Street.

11.102 It appears that the proposal entertains one (1) of the tenancies being used as a café, for

which the food and drink premises requirements would be applicable. The planning report does not discuss this in detail, however the parking rate for shop and food and drink premises is 4 spaces per 100m2, and thus the parking rate remains unaffected.

11.103 The proposal seeks to provide for three (3) staff parking spaces, being one (1) per shop.

Such a provision is similar to the existing circumstances, with the shop floor areas not changing substantially. The formalisation and allocation of these spaces may better serve future users, where they are encouraged to use dedicated spaces.

11.104 The traffic report provided also discusses the parking credits of the current land use, which

in this instance would be 4 or 5 spaces, based on the provision of 2 - 3 spaces currently. Taking a conservative approach in applying the credits and current parking rates, a shortfall of 1 space would be applicable (3 on site spaces and 4 space credit). In applying the higher credit, the parking requirement of 8 spaces would be met (3 on site spaces plus 5 space credit) based upon the provided floor area.

11.105 Further to the above, persons visiting the shop may also access the other services within

the shopping strip, benefitting from their co-location. As noted with the current land uses within the strip, the redevelopment of the shops would likely generate short term occupancies of the spaces also.

11.106 With regard to the residential component of the development, a waiver of one (1) space is

sought, with one (1) space provided per dwelling and one (1) of the two (2) required visitor spaces provided on site. Based upon the availability of parking demonstrated within the planning report and the variations in the demand upon these parking spaces, it has been demonstrated that the one (1) visitor parking space can be absorbed into the surrounding street network and should not exhaust the parking availability within the area.

11.107 Beyond the parking availability, the site has reasonable access to public transport, with the

bus route 60m to the north of the site, connecting to the transport node at Southland Activity Centre, for which twelve (12) bus services stop. Furthermore, the development provides for eight (8) bicycle parking spaces, which should encourage alternative transport modes.

11.108 It is acknowledged that the building code would require one (1) off street parking space

with people with disabilities. The revised requirements for the accessible parking spaces, with additional width and shared space requirements would significantly affect the on-site parking provision within the development, essentially resulting in a net loss, rather than a benefit, particularly given the route required to access the shops.

11.109 An accessible parking space would better serve the entire shopping strip if provided within

the existing spaces located adjacent to the shop frontages. Internal discussions have indicated that there is no demand for such a space at this point in time. Council’s Traffic and Transport Department recommended that the cost of the accessible parking space be borne by the applicant / developer should the space be required in the future. Given the difficulty in pinpointing the timing of the demand for an accessible parking space, it would



Trim: IC14/147 88

be considered unreasonable to tie the cost of such a space to this particular development at a later date. Loading and Unloading of Vehicles

11.110 Clause 52.07 seeks to set aside land for loading and unloading of commercial vehicles to prevent amenity loss and adverse impacts on traffic flow and safety. Whilst there is no loading requirement for the residential component of the development a loading bay should be provided for the loading requirements of the shops. Formalised loading areas are not designated within any of the subject sites.

11.111 A loading bay has not been provided on the land, with the shops relying upon the angle car parking spaces provided to the front of the shops.

11.112 The waiver of the loading bay requirement is deemed reasonable in this instance where the loading requirements for three (3) small tenancies (less than 75m2 each) could be provided within the angled parking to the front of the shop. Loading times are unlikely to be for an extensive period (with relation to the ongoing land use) and likely to be via a small commercial vehicle, thus should not unreasonably affect the availability of parking within the area.

11.113 Utilising the existing line marked parking spaces should ensure that the local road network

is not unreasonably impacted by stopping vehicles delivering / picking up goods. 11.114 Given the site constraints posed by the arrangement of the development and the provision

of parking / services to the rear of the site, loading facilities to the rear of the site would likely be inconvenient and may not be utilised. The provision of loading within the rear of the site would require commercial tenants to exit the building, re-enter via the entrance point via Cavanagh Street to the parking to access the delivered goods.

11.115 The delivery of goods via the site’s frontage is considered to be the most logical option,

with such arrangements not being uncommon within other neighbourhood shopping strips.

Restrictive Covenant

11.116 The proposal does not specifically nominate the intended use for the commercial components of the development, however café windows indicate a potential future use. This is discussed within the car parking assessment. Whilst this would be a no permit required use, the covenant registered on the title may impact upon sales of goods from the land, particularly where it states:

…shall not be used nor permitted to be used for the conduct of the business of a Milk Bar, Mixed and/or sub-newsagency Business nor shall any sales or deliveries of Milk, Milk Drinks, soft drinks and / or ice-cream may be made or permitted to be made on or from the said lots or part thereof..

11.117 As the proposal seeks only the development (not the use) of the land, it is considered that the application will not result in a breach of the permit. However a notation should be included on the plans to state that any future use of the commercial premises must comply with the covenant, or an approval granted for its variation / removal must be obtained.

12.0 RESPONSE TO GROUNDS OF OBJECTIONS

12.1 The objector concerns have largely been addressed in the assessment above.



Trim: IC14/147 89

13.0 CONCLUSION:

13.1 As outlined above, it has been determined that prior to deciding on this application all factors pursuant to section 60(1) of The Act have been considered. Further to this, the proposal does not give rise to any significant social and economic effects.

13.2 The proposed development is considered appropriate for the Site, subject to conditions, as evidenced by:

A suitable level of compliance with all relevant policies within the Kingston Planning Scheme.

The compatibility of the design and siting with the surrounding area;

The mitigation of off-site amenity impacts;

Adequate on-site amenity;

The provision of adequate on-site parking in light of the site’s context; and

A reasonable response to the residential interfaces.

Appendices

Appendix 1 - KP13/472 - 93, 95 & 97 Cavanagh Street Cheltenham - Considered Plans (Trim No 14/12809)

Author/s: Tara Bryce, Senior Statutory Planner

Reviewed and Approved By: Jeremy Hopkins, Principal Statutory Planner

4.3

KP13/472 - 93, 95 & 97 CAVANAGH STREET CHELTENHAM

1 KP13/472 - 93, 95 & 97 Cavanagh Street Cheltenham - Considered Plans .......................................................................... 93

Appendix 1 4.3 KP13/472 - 93, 95 & 97 Cavanagh Street Cheltenham - KP13/472 - 93, 95 & 97 Cavanagh Street Cheltenham - Considered Plans

93

KP13/472 - 93, 95 & 97 Cavanagh Street Cheltenham - Considered Plans KP13/472 - 93, 95 & 97 Cavanagh Street Cheltenham - Considered Plans


94


95


96


97


98


99


100


101


102


103


104


105


106


107


108


109


110


111

Trim: IC14/146 113

4.4 KP13/730 - 55 Bear Street Mordialloc 4.4 KP13/730 - 55 Bear Street Mordialloc


19 February 2014

Agenda Item No: 4.4

KP13/730 - 55 BEAR STREET MORDIALLOC Contact Officer: Tara Bryce, Senior Statutory Planner

Purpose of Report

This report is for Council to consider Planning Permit Application No. KP13/730, regarding the development of No. 55 Bear Street Mordialloc for three (3) double storey dwellings.



Recommendation



Permit to develop the land for the construction of three (3) dwellings within a Land Subject to

Inundation Overlay at 55 Bear Street Mordialloc, subject to the conditions contained within this

report.



Trim: IC14/146 114

55 Bear Street Mordialloc – Planning Permit Application No. KP13/730

Executive Summary for Planning Committee Agenda Review


LAND: 55 Bear Street Mordialloc


PROPOSAL: Construction of three (3) dwellings within a Land Subject to

Inundation Overlay

PERMIT TRIGGER: Clause 32.06 - Two or more dwellings on a lot

Clause 44.04 - Buildings and works

EXISTING SITE CONDITIONS: Single dwelling

APPLICANT: Murley Design

ZONE / OVERLAYS: Residential 3 Zone & Land Subject to Inundation Overlay

RESIDENTIAL POLICY AREA Incremental Housing Change

OBJECTIONS Two (2) Objections


1.1 The application seeks to develop the land for the construction of three (3) dwellings. Each

dwelling is to be double storey with a minimum of 60m2 of secluded private open space to be provided to the rear of the dwelling with direct access to ground floor living areas. Dwelling 1 has separate driveway access from Bear Street whilst Dwellings 2 & 3 are accessed via a common property driveway also from Bear Street.

2.0 SUBJECT SITE AND SURROUNDS


2.2 The site is generally rectangular in shape with a frontage to Bear Street of 20.12 metres, a side depth of 60.96 metres, resulting in a site area of 1,226 m2. It currently contains a



Trim: IC14/146 115

single storey, brick veneer, dwelling and associated outbuildings (including a bungalow in the rear garden). The existing dwelling on the land enjoys an 11.35m front setback to Bear Street.

2.3 The surrounding area generally comprises of residential development characterised by detached and semi-detached dwellings set within garden landscapes. Dwellings are predominantly low-scale with double storey an apparent but not dominant part of the built form character. There is a significant amount of medium density infill development around the subject site however further afield, the residential pattern is more dominantly characterised by single fully detached dwellings on individual allotments. Areas of public open space exist to both the east (Kevin Hughes) and west (Ben Kavanagh) of the subject site.



(a) Height and Scale to Bear Street and adjoining properties

The proposal has succeeded in demonstrating the ability for the site to contain three (3) dwellings whilst meeting all the appropriate design standards and presenting a built form that is in keeping with the neighbourhood character of the surrounding area. The side setbacks of the development reduce the presence of building bulk to adjoining properties and the front setback of nine (9) metres is in keeping with the streetscape. The upper storeys are appropriately articulated to avoid an overly bulky form and are sufficiently separated to identify the development as three (3) distinct dwellings rather than as one (1) uninterrupted building mass across the site.

(b) Car parking

The proposal provides an adequate amount of parking to each dwelling in accordance with Clause 52.06 of the Kingston Planning Scheme. Dwelling 1 likely has the ability to accommodate more than the minimum two (2) car parking spaces due to the width and depth of its driveway.

(c) Loss of Privacy

Where windows do overlook adjoining properties within nine (9) metres, appropriate measures have been taken to screen or otherwise relocate these windows to reduce overlooking considerations. It is considered that no undue overlooking occurs as a result of the proposal.

The subject site is identified within Area 4 of this Study. The average lot size within this area has been calculated to be 694.9m2, which results in a suggested development density of 1 dwelling per 347.45m2. It is therefore considered that this proposal would meet this strategy as the subject site has an area of 1,213m2, resulting in an average density of 1 dwelling per 404m2.

4.0 OBJECTOR CONCERNS

4.1 Two (2) objections were received to the application. A summary of the concerns raised

and response to each ground is provided below:



Trim: IC14/146 116

(a) Loss of privacy

The proposal seeks to construct three (3) double storey dwellings. Windows will be present from bedrooms and rumpus rooms on the upper storeys. Objectors raised concerns of a loss of privacy as a result. This concern has been addressed through ensuring all windows comply with Standard B22 (Overlooking) of ResCode. Additionally, a new 2000mm high fence will be required along the eastern, northern and western boundaries to prevent overlooking at ground floor.

(b) Overshadowing Concerns about overshadowing were raised in regards to the development. The site is located on the north side of Bear Street and no dwelling is situated immediately to the south of the site. Surrounding properties are either located to the east, north or west of the subject site and consequently, the impact of shadows cast by the development are limited. The proposal complies with the requirements for providing sunlight to existing open space and north-facing habitable rooms and it is considered that no undue detriment will occur to these properties as a result of overshadowing.

(c) Noise concerns regarding parking and traffic The proposal results in two (2) driveways, one (1) to Dwelling 1 and one (1) to Dwellings 2 & 3. It is not anticipated that these driveways will result in an undue amount of traffic noise as their use will be residential in nature. New fencing will be instated along the western, northern and eastern boundaries to establish privacy and will have a dampening effect on any intermittent sound caused by the passing of vehicles along these driveways. The total amount of parking provided to each dwelling is considered appropriate with two (2) secure parking spaces provided to each dwelling. The housing of vehicles within the double garages will also lessen their noise impact on surrounding properties. Importantly, the use of the land for a dwelling is ‘as of right’ within the Residential 3 Zone. As such, noise generated will be of a residential nature, in keeping with the purpose of the zone, and thus is deemed appropriate.

(d) Visual Bulk The proposal is for three (3) double storey dwellings and concerns were raised regarding the overall visual bulk of a development of this scale. It is considered that the development is appropriate to the area through its ability to provide appropriate setbacks of dwellings to the rear and side boundaries, the articulation of the upper storeys and the incorporation of hipped roof forms and brick building materials; building elements that are present in the surrounding area. The upper storeys have meaningful separation between them ensuring that they are viewed as three (3) separate entities rather than as one (1) , overwhelming, built mass that occupies the majority of the site.

(e) Adequate Notice This is discussed at Section 14.2 of the main report, however it is considered that appropriate notice has now been given to the objector who claimed inadequate notice was provided. A copy of the original notice has been served on the objector on the 23rd December and advised that no decision would be made on the application prior to the 10th February 2014 Planning Committee Meeting – a time period of at least six (6)



Trim: IC14/146 117

weeks in which further submissions by the objector could be submitted. Those that lodge written objections to an application are recognised as a formal ‘party’ and will be informed of any decision made by Council.

(f) Devaluation of property This concern is not a planning consideration. The hypothetical value of one’s land as an indirect result of nearby development is not a quantifiable or valid planning ground.

5.0 CONCLUSION

5.1 Based on a thorough assessment of the application against the relevant provisions of the Kingston Planning Scheme and taking into consideration the concerns raised by objectors, the proposal, subject to the inclusion of conditions, is deemed appropriate and should therefore be supported.

RECOMMENDATION

That Council determine to support the proposal and issue a Notice of Decision to Grant a Permit to develop the land for the construction of three (3) dwellings within a Land Subject to Inundation Overlay at No. 55 Bear Street, Mordialloc pursuant to the following conditions: 1. Before the development starts amended plans to the satisfaction of the Responsible

Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be substantially in accordance with the plans submitted to Council on 20 November 2013, but modified to show:

a. the provision of an improved landscape plan and associated planting schedule for the site showing the proposed location, species type, mature height and width, pot sizes and number of species be planted on the site, with such plans to be prepared by a suitably qualified landscape professional and incorporating:

i. an associated planting schedule showing the proposed location, species type, mature height and width, pot sizes and number of species to be planted on the site. The schedule must be shown on the plan;

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

iii. all existing trees on the site and within three (3) metres to the boundary of the site on adjoining properties, accurately illustrated to represent actual canopy width and labelled with botanical name, height and whether the tree is proposed to be retained or removed;

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

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

vi. the provision of two (2) suitable medium sized (at maturity) canopy trees within the front setback of the property and one (1) small (at maturity) tree within the private open space area of each dwelling, with species chosen to be approved by the Responsible Authority;



Trim: IC14/146 118

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

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

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

x. the provision of notes on the landscape plan regarding site preparation, including the removal of all weeds, proposed mulch, soil types and thickness, subsoil preparation and any specific maintenance requirements.

b. all requirements of Melbourne Water, in accordance with Conditions 3 through to 6 of this permit;

c. the provision of minimum 2000 litre rainwater tank clearly nominated for each dwelling with water re-use for toilet flushing;

d. the finished floor levels of all dwellings shown on the ground floor plans;

e. the finished floor levels of all garages shown on the ground floor plans;

f. the existing 1.6 metre high fence along the western, northern and eastern boundaries shown to be removed and replaced with a new 2000mm high timber paling fence;

g. the height of the internal fences between Dwellings 1 & 2 and Dwellings 2 & 3 respectively;

h. any steps necessary between the porches and ground level due the change in level;

i. any steps necessary between the living and alfresco areas and the area of open space due to the change in level;

j. the reduction in the length of the first floor rumpus room of Dwelling 2 from 5.0m to 4.0m;

k. a clear notation linked to the stairwell of Dwelling 2 on the first floor plan indicating that the balustrade between the stairwell and the first floor rumpus room is to be 1200mm high and remain open;

l. any modifications necessary to the design to ensure that the stairwell windows to both Dwellings 1 and 2 have a minimum sill height of 1700mm above the finished floor level of the stairwell landings. This is to be accompanied by a notation on the first floor plans describing this arrangement as such;

m. the alteration of the north-facing Bedroom 2 window of Dwelling 2 to either have a minimum sill height of 1.7 metres or be fitted with a fixed, permanent external screen to a height of 1.7 metres to prevent direct views into the ground floor master bedroom of Dwelling 3;

n. a minimum one (1) metre landscaped setback to the common property driveway from the west-facing kitchen window and the north-facing family room window of Dwelling 1. Sill heights are to be a minimum of 1.4 metres above finished floor level in accordance with Standard B15 of Clause 55 of the Kingston Planning Scheme;

o. the provision of suitable fixed (unopenable) screening to the north-facing Bedroom 3 and rumpus room windows of Dwelling 3 and the west-facing Bedroom 3 window of Dwelling 1. Screening is to a minimum height of 1.7 metres above the first floor finished floor level directly below, in accordance with Clause 55.04-6 (Standard B22) of the Kingston Planning Scheme;

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



Trim: IC14/146 119

q. the provision of a full colour, finishes and building materials schedule, including samples (illustrated on an A4 or A3 sheet), for all external elevations and driveways of the development;

r. the clear notation of the location of letterboxes on plan;

s. a notation on plan clearly stating the storage capacity of all water tanks and their plumbing connection to toilets for flushing purposes;

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

u. the guttering pertaining to the garages / walls on boundary on the site’s property boundaries nominated as being contained wholly within the title property boundaries of the site;

v. tree protection fencing to be shown around an area with a minimum radius of two (2) metres from the base of the Water Gum street tree in the nature strip outside the property; and

w. a notation directly linked to the new crossover depicted on plan stating “Sensitive digging is required during the construction of the proposed crossover to ensure that the health of all street trees located on the crossover is not impacted – no roots over 50mm are to be cut and no branches are to be damaged during any construction works outside any tree protection zones”.


Melbourne Water Conditions (Conditions 3 to 6)

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

4. Finished floor levels of the dwelling must be a minimum of 3.0 metres to Australian Height Datum (300mm above the applicable flood level).

5. Any new garage must be constructed with finished floor or surface levels a minimum of 2.85 metres to Australian Height Datum (150mm above the applicable flood level).

6. Prior to the occupation of the dwellings hereby permitted, the new fences required under Condition 1f. of this permit must be erected to Council’s satisfaction, at the full cost of the applicant/owner(s) of the subject site.

Drainage Conditions

7. The development of the site must be provided with stormwater works which incorporates the use of water sensitive urban design principles to improve stormwater runoff quality and which also retains on site any increase in runoff as a result of the approved development. The system must be maintained to the satisfaction of the Responsible Authority. Council's Development Engineer can advise on satisfactory options to achieve these desired outcomes which may include the use of an infiltration or bioretention system, rainwater tanks connected for reuse and a detention system. The overall outflow of the site to Council drainage system must be limited to 11 l/s.

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



Trim: IC14/146 120


10. Prior to the occupation of the dwellings hereby permitted, the landscaping works as shown on the endorsed plans must be completed to the satisfaction of the Responsible Authority. The landscaping must then be maintained to the satisfaction of the Responsible Authority.

11. Prior to the occupation of the dwellings hereby permitted, all buildings and works and the conditions of this permit must be complied with, unless with the further prior written consent of the Responsible Authority.

12. Prior to the occupation of the dwellings hereby permitted, or by such later date as is approved by the Responsible Authority in writing, the nature strip, kerb and channel, vehicle crossover and footpath must reinstated to the satisfaction of the Responsible Authority.

13. Any existing vehicular crossing not in accordance with the endorsed plan must be removed and the kerb reinstated in a manner satisfactory to the Responsible Authority and any proposed vehicular crossing must be fully constructed to the Responsible Authority’s standard specification.

14. Prior to the occupation of the dwellings hereby permitted, all boundary fences must be repaired and/or replaced as necessary to the satisfaction of the Responsible Authority, at the cost of the applicant/owner.

15. Prior to the occupation of the dwellings hereby permitted, areas set aside for parking vehicles, access lanes and paths as shown on the endorsed plans must be:



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

d. Drained and maintained to the satisfaction of the Responsible Authority.



17. All piping and ducting above the ground floor storey of the development (other than rainwater guttering and downpipes) must be concealed to the satisfaction of the Responsible Authority.










Trim: IC14/146 121




Note: The applicable flood level for the property is 2.7 metres to Australian Height Datum.

Note: If further information is required in relation to Melbourne Water's permit condition shown above, please contact Melbourne Water on telephone 9679 7517, quoting Melbourne Water's reference 230927.

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



OR

In the event that Council wishes to refuse the application, it should do so on the following grounds: 1. The application fails to adequately satisfy State and Local Planning Policies regarding

residential development, including Clause 11 (Settlement), Clause 15 (Built Environment and Heritage), Clause 16 (Housing), Clause 21.05 (Residential Land Use) and Clause 22.11 (Residential Development).

2. The proposal fails to satisfy the objective of Clause 55.02-1 - Neighbourhood Character of the Kingston Planning Scheme.

3. The development results in unreasonable off-site amenity impacts. 4. The development results in an unreasonable level visual bulk. 5. The development does not adequately address the objectives of Clause 55.06-1 – Design

Detail of the Kingston Planning Scheme.

6.



Trim: IC14/146 122




2.1 The site is generally rectangular in shape with a frontage to Bear Street of 20.12 metres,

with a side depth of 60.96 metres, resulting in a site area of 1,226m2. It currently contains

a single storey, brick veneer, dwelling with associated outbuildings (including a bungalow)

and car storage. The existing dwelling on the land enjoys an 11.35m front setback to Bear

Street.

2.2 The land has only a slight slope of 1.23 metres that falls across the site from 3.84 AHD at

the northern (rear) boundary of the site to 2.61 AHD at the southern (front) boundary of the

site. The land is largely devoid of any significant vegetation save for a small-medium size

tree centrally located at the rear of the property surrounding by residential outbuildings and

the small weatherboard bungalow.

2.3 The land is unencumbered by easements. There appears to be restrictions listed on the

Certificate of Title identified as Covenant 1202410 and Caveat AK364548H. Covenant

1202410 prohibits the excavation and carrying away of earth, stone, clay, gravel or sand

from the site, except for the purposes of placing foundations for a building. The proposed

development is not considered to result in any breach of restriction.


APPLICANT Murley Design55 Bear Street Mordialloc

ADDRESS OF LAND 55 Bear Street Mordialloc

PLAN OF SUBDIVISION

REFERENCE

Lot 1 on PS 121725Q

PROPOSAL Development of the land for the construction of three

(3) dwellings within a Land Subject to Inundation

Overlay

PLANNING OFFICER Tara Bryce


ZONE Clause 32.06: Residential 3 Zone

OVERLAYS Clause 44.03: Land Subject to Inundation Overlay

OBJECTIONS Two (2) objections

CONSIDERED PLAN


Drawings – 1530 & 1544 Series - received 20/11/13

ABORIGINAL CULTURAL


Yes



Trim: IC14/146 123

3.0 SURROUNDING ENVIRONS

3.1 The surrounding area generally comprises of residential development characterised by

detached and semi-detached dwellings set within garden landscapes. Dwellings are

predominantly low-scale with double storey an apparent but not dominant part of the built

form character. There is a significant amount of medium density infill development around

the subject site, however further afield, the residential pattern is more dominantly

characterised by single fully detached dwellings on individual allotments. Areas of public

open space exist to both the east (Kevin Hughes) and west (Ben Kavanagh) of the subject

site.

3.2 Land directly abutting the subject site and opposite is described as follows:

North: A three (3) unit development consisting of three (3) single storey brick dwellings

with dual crossovers to Woods Avenue to the north. The rearmost dwelling is setback

approximately 1.2 metres from the rear boundary abutting the subject site.

East: A three (3) unit development consisting of three (3) single storey brick dwellings

accessed via a single common property driveway located on the eastern end of the Bear

Street frontage. The foremost dwelling has a setback of 11 metres to Bear Street.

South: The site sits opposite a corner allotment which has been subdivided from the

surrounding dwellings. It is a single storey brick dwelling with a crossover to the dwelling’s

garage at the western end of the site’s frontage to Bear Street. The dwelling has a front

setback to Bear Street of 4.13 metres.

West: The abutting sites immediately to the west consist of a battle-axe allotment

arrangement. The front allotment is a single storey brick dwelling which has a crossover at

the western end of the Bear Street frontage. The rearmost allotment is vacant.

4.0 PROPOSAL

4.1 It is proposed to demolish the existing dwelling and outbuildings on the land and construct

three (3) dwellings on this site.

4.2 Dwelling 1 comprises a four (4) bedroom dwelling with ground floor living areas, master

bedroom and study (fourth bedroom). Living areas directly access open space to the rear

of 70.52m2. A double garage provides car storage and is accessed via a separate driveway

from the eastern end of the Bear Street frontage of the property. Dwelling 1 has a setback

of nine (9) metres to the front boundary (7.46 metres to the porch).

4.3 The upper storey comprises of two (2) bedrooms, toilets and a rumpus room. The overall

height of the building will be 7.75 metres above natural ground level.

4.4 Dwelling 2 comprises a three (3) bedroom dwelling with ground floor living areas, master

bedroom and study (the study however is too small to be considered a potential fourth

bedroom). Living areas directly access open space to the east of 64.81m2. A double

garage is provided via a common property driveway for car storage.



Trim: IC14/146 124

4.5 The upper storey consists of two (2) bedrooms, rumpus room, landing and associated

bathroom and services. The total building height of the dwelling is 7.37 metres above

natural ground level.

4.6 Dwelling 3 comprises of a three (3) bedroom dwelling with ground floor living areas, master

bedroom and study (the study however is too small to be considered a potential fourth

bedroom). Living areas directly access open space to the east of 68.24m2. A double

garage is provided via a common property driveway for car storage.

4.7 The upper storey consists of two (2) bedrooms, rumpus room, landing and associated

bathroom and services. The total building height of the dwelling is 7.07 metres above

natural ground level.

4.8 All dwellings will be constructed of similar building materials, with brick veneer of either an

exposed or rendered finish at ground level. Weatherboard or foamboard (with rendered

finished) cladding at the first floor. The hipped roofing will be constructed of Colorbond.

4.9 The proposal has an overall site coverage of 47.15% and a permeability of 31.57%.

5.0 PLANNING PERMIT PROVISIONS

Zone

5.1 The land is located within the following zone:

5.2 Residential 3 Zone: Pursuant to Clause 32.06-4 of the Kingston Planning Scheme, a

planning permit is required to construct two (2) or more dwellings on a lot. A development

must meet the requirements of Clause 55 of the Scheme. The Schedule to the Residential

3 Zone includes a variation to a number of standards within Clause 55.

Overlay

5.3 The land is subject to the following overlay:

5.4 Land Subject to Inundation Overlay: Pursuant to Clause 44.04 or 44.05 of the Kingston

Planning Scheme, a planning permit is required to construct a building or construct and

carry out works.

Particular Provisions

5.5 Car Parking: Planning Scheme Amendment VC90, introduced into the Kingston Planning

Scheme on 5 June 2012 contains the following residential car parking rates at Clause

52.06:

- 1 space to each 1 or 2 bedroom dwelling;

- 2 spaces to each 3 or more bedroom dwelling; and

- 1 visitor space for every 5 dwellings.

5.6 This equates to a parking requirement of six (6) spaces (two to each dwelling) for the

proposed development.



Trim: IC14/146 125

5.7 As the required number of car parking spaces is provided on the site, a planning permit is

not required for a reduced car parking rate pursuant to Clause 52.06-3.

5.8 Clause 55 - Two or More Dwellings on a Lot & Residential Buildings – (Refer to Appendix

A for the Planning Officer’s full assessment against these objectives).

General Provisions

5.9 The Decision Guidelines of Clause 65 of the Kingston Planning Scheme are relevant to this

application and require consideration to be given to a variety of matters including planning

scheme policies, the purpose of the zone, orderly planning and the impact on amenity.

6.0 RELEVANT POLICIES


Clause 11 Settlement

Clause 15 Built Environment and Heritage

Clause 16 Housing


Clause 21.05 Residential Land Use

Clause 22.11 Residential Development Policy

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

Residential Land Use of the LPPF).

The land is located within Area 27 of the Neighbourhood Character Guidelines. The

neighbourhood character response is discussed further at Section 12 of this report.

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

22.11 – Residential Development Policy).

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

suggestions to assist with residential design, which is responsive to local character. It is

deemed that the development responds appropriately to the Guidelines with the

development layout having respect to the existing and preferred character, with substantial

opportunities provided for within private and communal areas.

7.0 ADVERTISING

7.1 The proposal was advertised by sending notices to adjoining and opposite property owners

and occupiers and by maintaining a notice on site for fourteen (14) days. Two (2)

objection(s) to the proposal were received. The valid grounds of objection raised are

summarised as follows:

Loss of privacy

Overshadowing



Trim: IC14/146 126

Noise concerns regarding parking and traffic

Visual Bulk

Adequate notice

7.2 The following objections raised are not valid planning considerations:

Devaluation of property

8.0 PLANNING CONSULTATION MEETING

8.1 In accordance with Council’s Planning Consultation Meeting Policy, no meeting was

required as only two (2) objections were received. The objectors were contacted, however,

to discuss their concerns, with this information relayed to the applicant. No request was

made to hold a planning consultation meeting when objectors were contacted.

8.2 The objector concerns were unable to be resolved, and the objections still stand.

9.0 SECTION 50 / 50A / 57A – AMENDMENT TO PLANS

9.1 No amendments were made to the application under these Sections of the Act.

10.0 REFERRALS


Council’s Development Engineer – raised no objection to the application, subject to

conditions included on any permit issued relating to the provision of plans detailing

stormwater management measures.

Council’s Vegetation Management Officer - raised no objection to the application,

subject to conditions included on any permit issued relating to a landscape plan being

submitted as a condition on any permit issued.

Council’s Parks Department – no objection to the proposal on the basis of a number of

conditions to be included on any permit issued relating to the protection of the Water

Gum street tree located on the nature strip outside the property.

Council’s Roads and Drains Department – raised no objection to the application

subject to conditions relating to the alignment of vehicle crossings and the retention of

an on-street parking space outside the subject site.

10.2 The application was referred to the following external departments:

Melbourne Water - raised no objection to the application, subject to the following

conditions being included on any permit issued:

o No polluted and / or sediment laden runoff is to be discharged directly or indirectly

into Melbourne Water's drains or watercourses.



Trim: IC14/146 127

o Finished floor levels of the dwelling must be a minimum of 3.0 metres to Australian

Height Datum (300mm above the applicable flood level).

o Any new garage must be constructed with finished floor or surface levels a

minimum of 2.85 metres to Australian Height Datum (150mm above the applicable

flood level).



11.1 The State Planning Policy Framework sets out the relevant state-wide policies for

residential development at Clause 11 (Settlement), Clause 15 (Built Environment and

Heritage) and Clause 16 (Housing). Essentially, the provisions within these clauses

seek to achieve the fundamental objectives and policy outcomes sought by the

Metropolitan Strategy – ‘Melbourne 2030’ and its recent update ‘Melbourne @ 5 Million’,

which have been removed from an individual clause and integrated throughout the State

Planning Policy Framework.

11.2 The settlement policies at Clause 11 seek to ensure a sufficient supply of land is available

for all forms of land use in Victoria. Of particular relevance to housing, Clause 11

promotes housing diversity and urban consolidation objectives in the established urban

realm. Clause 11.02-1 states that Planning Authorities should plan to accommodate

projected population growth over at least a 15 year period, taking account of opportunities

for redevelopment and intensification of existing urban areas as well consideration being

had for environmental aspects, sustainable development and the costs associated with

providing infrastructure. This clause states:



urban areas;





and around activity centres or sites that have good access to a range of services, facilities

and transport options.

11.4 Clause 15 (Built Environment and Heritage) aims to ensure all new land use and

development appropriately responds to its landscape, valued built form and cultural

context, and protect places and sites with significant heritage, architectural, aesthetic,

scientific and cultural value.

11.5 Clause 15.03-2 (Aboriginal Cultural Heritage) seeks to ensure the protection and

conservation of places of Aboriginal cultural heritage significance.

11.6 The Subject Land is identified in an area of Aboriginal Cultural Heritage Sensitivity,

however the Permit Applicant has submitted a Cultural Heritage Management Report,



Trim: IC14/146 128

compiled by Grist Archaeology, that assesses whether the site is considered to have been

significantly disturbed by previous activity. The report comes to the conclusion that it can

be inferred that the whole site has been subject to significant ground disturbance due to

the presence of the current buildings, the locations of services, topography, lack of

remnant vegetation and configuration of allotments. Council accepts this finding.

Consequently, it is considered that a Cultural Heritage Management Plan is not required

as part of the proposed development.

11.7 Policies pertaining to urban design, built form and heritage outcomes are found at Clause

15 of the State Planning Policy Framework. Of particular significance, Clause 15.01

encourages development to achieve high quality architectural and urban design outcomes

that contribute positively to neighbourhood character, minimises detrimental amenity

impacts and achieves safety for future residents, and the community, through good design.

The provisions of Clause 15.02 promote energy and resource efficiency through improved

building design, urban consolidation and promotion of sustainable transport.


increased diversity in housing to meet the needs of the community through different life

stages and respond to market demand for housing. In much the same vein as Clause 11,

this Clause advances notions of consolidation of existing urban areas, particularly in and

around activity centres and employment corridors that are well served by all infrastructure

and services.

11.9 The policies contained within Clause 16.01-4 encourage the provision of range of housing

types to meet the increasingly diverse needs of the community. Emphasis is placed on

development of well-designed medium density housing with respect to neighbourhood

character. Further, this Clause aims to make better use of the existing infrastructure and

provide more energy efficient housing.

11.10 It is submitted that the proposed development satisfies the aforementioned State strategies

and policy direction. Specifically, the subject site is located on land earmarked for

residential purposes, whereby residential development is an ‘as of right’ use under the

zoning provisions. Subject to appropriate conditions on any permit issued, the

development itself achieves an acceptable design outcome for the site and its immediate

abuttals, whilst enjoying convenient and direct access to community facilities and the like,

including public transport nodes.


11.11 The City of Kingston’s MSS at Clause 21.05 (Residential Land Use) of the Kingston

Planning Scheme, seeks to provide guidance to development in residential zoned land,

mixed use zoned lands and land within activity centres. The Residential Land Use

Framework Plan illustrates the range of housing outcomes sought across the City of

Kingston.

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

o To provide a range of housing types across the municipality to increase housing

diversity and cater for the changing housing needs of current and future populations,

taking account of the capacity of local areas in Kingston to accommodate different



Trim: IC14/146 129

types and rates of housing change. This is to be achieved through encouraging

residential development within activity centres via mixed-use development, and on

transitional sites at the periphery of activity centres.

o To ensure new residential development respects neighbourhood character and is site

responsive, and that medium density dwellings are of the highest design quality. This

is to be achieved through promoting new residential development, which is of a high

standard, responds to the local context and positively contributes to the character

and identity of the local neighbourhood.

o To promote more environmentally sustainable forms of residential development. To

be achieved through promoting medium density housing development in close

proximity to public transport facilities, particularly train stations.

o To manage the interface between residential development and adjoining or nearby

sensitive/strategic land uses.

o To ensure residential development does not exceed known physical infrastructure

capacities.

o To recognise and response to special housing needs within the community.

11.13 Council’s Local Planning Policy at Clause 21.05 essentially reinforces State Planning

Policy relevant to housing, stressing the need to encourage urban consolidation in

appropriate locations and to accommodate projected population increases.

11.14 Clause 22.11 Residential Development Policy extends upon the provision contained at

Clause 21.05 (Residential Land Use), relating to increased housing diversity areas,

incremental housing change areas, minimal housing change areas, residential renewal

areas and neighbourhood character. It provides design guidance on how new residential

development should achieve architectural and urban design outcomes that positively

respond to neighbourhood character.

11.15 Relevant objectives in Clause 22.11-2 Residential Development Policy include:

o To promote a managed approach to housing change, taking account of the

differential capacity of local areas in Kingston to accommodate increased housing

diversity, incremental housing change, residential renewal or minimal housing

change, as identified within the MSS.

o To encourage new residential development to achieve architectural and urban design

outcomes that positively respond to neighbourhood character having particular

regard to that identified in the Kingston Neighbourhood Character Guidelines –

August 2007.

o To promote on-site car parking which is adequate to meet the anticipated needs of

future residents.

o To ensure that landscaping and trees remain a major element in the appearance and

character of the municipality’s residential environments.

o To limit the amount and impact of increased stormwater runoff on local drainage

systems.



Trim: IC14/146 130

o To ensure that the siting and design of new residential development takes account of

interfaces with sensitive and strategic land uses.

11.16 It is considered that the proposed development generally complies and satisfies the State

and Local Planning Policy Framework guidelines which aim to encourage well-designed

medium density housing in appropriate locations. This is discussed in the Clause 55

assessment, later within this report.

Overlay Provisions

11.17 The subject site is located within a Land Subject to Inundation Overlay.

11.18 The purpose of this Overlay is:

To identify land in a flood storage or flood fringe area affected by the 1 in 100 year

flood or any other area determined by the floodplain management authority.

To ensure that development maintains the free passage and temporary storage of

floodwaters, minimises flood damage, is compatible with the flood hazard and local

drainage conditions and will not cause any significant rise in flood level or flow velocity.

To reflect any declaration under Division 4 of Part 10 of the Water Act, 1989 where a

declaration has been made.

To protect water quality in accordance with the provisions of relevant State

Environment Protection Policies, particularly in accordance with Clauses 33 and 35 of

the State Environment Protection Policy (Waters of Victoria).

To ensure that development maintains or improves river and wetland health, waterway

protection and flood plain health

11.19 The proposal complies with the Overlay’s relevant Decision Guidelines and is deemed

appropriate for the following reasons:

The proposal was referred to the relevant floodplain management authority

(Melbourne Water) who indicated no objection to the proposal provided a number of

conditions were included on any permit issued (as outlined under Section 10.2).

The proposal’s impact on floodplain health and overland flow paths is considered

appropriate and will not result in a detrimental impact upon flood management.

12.0 CLAUSE 55 (RESCODE ASSESSMENT)

12.1 The proposal has been assessed against the standards of Clause 55 (ResCode) of the

Kingston Planning Scheme (refer to Appendix A). Overall, it is noted that the application

achieves a high level of compliance with the ResCode provisions, with only minor

variations sought. One (1) of the thirty-four (34) ResCode standards are sought to be

varied, with the remaining thirty-three (33) standards satisfied by the proposal.



Trim: IC14/146 131

12.2 The following assessment considers the relevant standards and objectives of ResCode

where they require further discussion to that provided in the attached Appendix, particularly

those standards where concessions are sought.

Standard B1 – Neighbourhood Character

12.3 The objective of this Clause 55.02-1 is ‘to ensure that the design respects the existing

neighbourhood character and responds to the features of the site and surrounding area’.

Standard B1 of ResCode suggests that the proposed design should respect the existing or

preferred neighbourhood character and respond to the features of the site.

12.4 The subject site is located within a predominantly residential area where generally low-

scale dwellings are set within garden landscapes. Building footprints are generally varied

but fully detached with complex gable and hipped roof forms apparent.

12.5 The proposal is considered to be consistent with the established neighbourhood character

of the area. Whilst the three (3) proposed dwellings are all double-storey they all remain

sufficiently setback from side boundaries. The upper storeys are articulated and sufficiently

separated from one another to ensure that the development does not present to adjacent

properties as a single uninterrupted building mass. Roof forms are hipped, in keeping with

the dominant roof forms of the area. The utilisation of brick at the lower floor with a render

and weatherboard upper floor also reflects the dominant building materials seen in the

surrounding buildings. The open space areas provided, including the front setback, all

allow for landscaping opportunities to preserve an open garden landscape throughout the

development.

Standard B2 – Residential Policy

12.6 The Residential policy objective seeks to ensure that any proposed development accords

with the relevant State and Local Planning Policy Framework. An assessment against

Kingston’s MSS and Residential Development Policy has been provided at Section 11.2 of

this Report, with the proposal found to be appropriate.

12.7 Further to the assessment at section 11.2, as the Site is located within a Residential 3

Zone, Clause 22.11 seeks to manage development pressures by instituting a requirement

to achieve averaged lot sizes within Incremental Housing Change Areas.

12.8 To achieve this, Council’s Strategic Planning Department undertook a study across the

municipality in 2003 (Kingston Neighbourhood Character Study) to identify any emerging

patterns with regard to average lot sizes. As such, six (6) areas were identified within the

municipality, each having their own ‘average lot size’ calculation.

12.9 The subject site is identified within Area 4 of this Study. The average lot size within this

area has been calculated to be 694.9m2, which results in a suggested development

density of 1 dwelling per 347.45m2. It is therefore considered that this proposal would

meet this strategy as the subject site has an area of 1,213m2.



medium density housing in appropriate locations.



Trim: IC14/146 132


13.1 The objector concerns have largely been addressed in the attached Appendix A and,

where necessary, further elaborated on in the assessment above.

13.2 The following objector concerns, however, remain outstanding:

Inadequate notice

Response: The objector was contacted on the 23rd December 2013 by the Council

planner about this issue. Council’s records indicate a notice was sent to the objector,

however the objector indicates that no notice was received. It appears that the postal

address for notification (other than Rates material) has not been updated with

Council and therefore the notice was not received.

To ensure that the objector was aware of the merits of the proposal, a copy of the

advertised plans were forwarded via email. At the time, it was known that the

application was being sent to the Planning Committee for review, meaning a final

decision could not be made prior to 10th February 2014. This gives the objector a

minimum time in excess of six (6) weeks in which to lodge any further grounds. It is

considered that adequate notice has consequently been given.

No further submissions to the application were made by this objector.

Importantly, as a formal written objection to the application has been lodged with

Council, the objector is now a ‘party’ to this application. As such the objector has the

ability, as a ‘third party’ to lodge an appeal against Council’s decision, should they

wish to do so.

14.0 CONCLUSION

14.1 As outlined above, it has been determined that prior to deciding on this application all

factors pursuant to section 60(1) of The Act have been considered. Further to this, the

proposal does not give rise to any significant social and economic effects.

14.2 The proposed development is considered appropriate for the Site, subject to conditions, as

evidenced by:


The mitigation of off-site amenity impacts; and

A suitable level of compliance with all relevant policies, including Clause 55 of the

Kingston Planning Scheme



Trim: IC14/146 133

APPENDIX A – RESCODE ASSESSMENT

Standard of the Kingston Planning Scheme - Two or more dwellings on a lot and residential

buildings (Clause 55 and Schedule to the Residential 3 Zone)

Title and Objective

Complies

with

Standard?

Requirement and Proposed

B1 Neighbourhood Character

Design respects existing neighbourhood

character or contributes to a preferred

neighbourhood character.

Development responds to features of the site

and surrounding area.

Yes See section 12.3 of the report.

B2 Residential Policy

Residential development is consistent with

housing policies in the SPPF, LPPF including

the MSS and local planning policies.

Support medium densities in areas to take

advantage of public transport and community

infrastructure and services.

Yes See section 12.5 of the report.

B3 Dwelling Diversity

Encourages a range of dwelling sizes and types

in developments of ten or more dwellings.

Yes The proposal will provide for three

additional three-bedroom dwellings in

the area. Whilst three-bedroom

dwellings form the majority of housing in

the area, the development is considered

to increase dwelling diversity by

providing such dwellings in a smaller,

unit arrangement.

B4 Infrastructure

Provides appropriate utility services and

infrastructure without overloading the capacity.

Yes It is recommended that suitable

condition(s) be included in any permit

issued to address infrastructure

considerations.

B5 Integration with the Street

Integrate the layout of development with the

street

Yes The development has an appropriate

interface to the street with a low front

fence and presence of habitable rooms

providing passive surveillance to the

street.

B6 Street Setback

The setbacks of buildings from a street respect

the existing or preferred neighbourhood

character and make efficient use of the site.

Yes Required: Nine (9) metres

Proposed: Nine (9) metres

The setbacks of buildings to either side

of the subject site are greater than nine

metres. As a result, the default nine (9)

metre setback applies to the site which

it achieves. The porch encroaches 1.5

meters into this setback which still

complies with the standard.

B7 Building Height

Building height should respect the existing or

Yes Maximum: 9 metres

Proposed: 7.75 metres



Trim: IC14/146 134

Title and Objective

Complies

with

Standard?


preferred neighbourhood character. The proposal reaches a maximum

height of 7.75 metres and complies with

this standard.

B8 Site Coverage

Site coverage should respect the existing or

preferred neighbourhood character and respond

to the features of the site.

Note: The Schedule to the Residential 3 Zone

includes a variation to this standard

Yes Maximum: 50%

Proposed: 47.15%

The proposal results in a site coverage

that is in keeping with the surrounding

area and does not result in an unduly

large amount of the site being occupied

by buildings.

B9 Permeability

Reduce the impact of stormwater run-off on the

drainage system and facilitate on-site

stormwater infiltration.

Yes At least: 20%

Proposed: 31.57%

The proposal retains an appropriate

level of permeability throughout the

development through the provision of

open space to each dwelling and a front

setback of nine (9) metres.

B10 Energy Efficiency

Achieve and protect energy efficient dwellings

and residential buildings.

Ensure orientation and layout reduces fossil fuel

energy use and makes appropriate use of

daylight and solar energy.

Yes The proposal achieves a generally

appropriate level of energy efficiency

with north-facing windows and open

space maximised where possible.

B11 Open Space

Integrate layout of development with any public

and communal open space provided in or

adjacent to the development.

Yes No public or communal open space is

provided as part of the development.

B12 Safety

Layout to provide safety and security for

residents and property.

Yes The layout of the developments is not

considered to cause any safety

concerns. Entries are clearly identifiable

and are not concealed from view. Clear

passive surveillance between the

dwellings and the public realm exists

thanks to the low front fence and open

driveway arrangement.

B13 Landscaping

To provide appropriate landscaping.

To encourage:

Development that respects the landscape

character of the neighbourhood.

Development that maintains and enhances

habitat for plants and animals in locations of

habitat importance.

The retention of mature vegetation on the

site.

Yes,

subject to

condition.

The proposal provides ample areas of

open space, both in the front setback, in

the private open spaces of each

dwelling and along the driveway for

planting opportunities. These planting

opportunities also include the ability for

larger canopy trees to be planted on the

site.

It is recommended that a landscape

plan be required by way of a condition



Trim: IC14/146 135

Title and Objective

Complies

with

Standard?


of any permit issued.

B14 Access

Ensure the safe, manageable and convenient

vehicle access to and from the development.

Ensure the number and design of vehicle

crossovers respects neighbourhood character.

Yes The site provides appropriate vehicle

access with Dwellings 2 & 3 being

serviced by a common property

driveway whilst Dwelling 1 has separate

access. The crossovers do not result in

an undue amount of hard stand

surfaces in the front setback and the

low front fence will enable clear visibility

from vehicles when entering and exiting

the site.

B15 Parking Location

Provide resident and visitor vehicles with

convenient parking.

Avoid parking and traffic difficulties in the

development and the neighbourhood.

Protect residents from vehicular noise within

developments.

No –

complies

with the

objectives

subject to

conditions

The development provides parking in an

appropriate and safe arrangement.

Vehicles for Dwellings 2 & 3 will all be

able to reverse into the common

property driveway, turn and leave the

site in a forward direction. Vehicles will

back out onto Bear Road from Dwelling

1 however this is considered

appropriate given the short distance the

car will need to reverse over.

Some windows to habitable rooms are

not sufficiently setback from driveway

areas to comply with the Standard. The

kitchen, family and water closet

windows of Dwelling 1 and the Study

windows of Dwelling 3 are located less

than 1 metre from the driveway.

The kitchen and family room windows of

Dwelling 1 will be sought to be setback

a minimum of one (1) metre from the

driveway to comply with the Standard.

This is a central habitable room to the

dwelling and should meet the

appropriate standards.

The corner window of the study of

Dwelling 3 will not be sought to be

altered as it is a very small room study

room that could not be used for a

bedroom or similar, more significant,

use where the proximity to a driveway

may be more of a concern.



Trim: IC14/146 136

Title and Objective

Complies

with

Standard?


B16 – no longer exists following Planning Scheme Amendment

VC90 approved on 5 June 2012.

B17 Side and Rear Setbacks

Ensure the height and setback respects the

existing or preferred neighbourhood character

and limits the amenity impacts on existing

dwellings.

Yes Dwelling 1

Required:

Ground Floor

North: N/A

(dwellings

behind)

East: 1.0m

South: N/A

(frontage)

West: 1.0m

First Floor

North: 1.8m

East: 1.8m

South: N/A

(frontage)

West: 1.8m

Dwelling 2

Required:

Ground Floor

North: N/A

(frontage)

East: 1.0m

South: N/A

(dwelling in

front)

West: 1.0m

First Floor

North: N/A

East: 1.8m

South: N/A

West: 1.8m

Dwelling 3

Ground Floor

Dwelling 1

Proposed:

Ground Floor

North: N/A (dwellings

behind)

East: 5.0m

South: N/A frontage

West: 4.4m

First Floor

North: N/A (dwellings

to rear)

East: 6.23m

South: N/A (frontage)

West: 5.74m

Dwelling 2

Proposed:

Ground Floor

North: N/A (frontage)

East: 3.0m

South: N/A (dwelling

in front)

West: 4.4m

First Floor

North: N/A

East: 5.15m

South: N/A

West: 8.3m

Dwelling 3

Ground Floor

Proposed:

North:1.5 m

East: 1.5m

South: N/A (dwellings

in front)

West: 5.6m



Trim: IC14/146 137

Title and Objective

Complies

with

Standard?


Required:

North: 1.0m

East: 1.0m

South: N/A

(dwellings in

front)

West: 1.0m

First Floor

North: 1.8m

East: 1.8m

South: N/A

West: 1.8m

First Floor

North: 5.25m

East: 3.39m

South: N/A

West: 5.73m

B18 Walls on Boundaries

Ensure the location, length and height of a wall

on a boundary respects the existing or preferred

neighbourhood character and limits the amenity

impacts on existing dwellings.

Yes Maximum: 22.5m on east and west

boundaries (length)

10m on northern boundary (width)

Proposed:

7.4 metres (along eastern boundary)

7.1 metres (along western boundary)

5.8 metres (along northern boundary)

B19 Daylight to Existing Windows

Allow adequate daylight into existing habitable

room windows.

Yes The proposal provides ample daylight

with appropriate clear-to-sky light

courts for all habitable room windows.

B20 North Facing Windows

Allow adequate solar access to existing north-

facing habitable room windows.

Yes The proposal does not result in the

overshadowing of any existing north-

facing habitable room windows.

B21 Overshadowing Open Space

Ensure buildings do not significantly overshadow

existing secluded private open space.

Yes The proposal does not result in undue

overshadowing of existing secluded

private open space.



Trim: IC14/146 138

Title and Objective

Complies

with

Standard?


B22 Overlooking

Limit views into existing secluded private open

space and habitable room windows.

Yes

(subject to

condition)

A number of habitable rooms are

located with direct views within nine (9)

metres to existing habitable rooms and

areas of private open space. These

windows will be required to comply with

this Standard as a condition on any

permit issued.

Furthermore, the side fences of the site

only reach a height of 1.6 metres above

the ground. To comply with the standard

a condition on any permit issued will

require the installation of a new

2000mm high fence along the northern,

western and eastern boundaries due to

the poor state of the fence.

B23 Internal Views

Limit views into existing secluded private open

space and habitable room windows of dwellings

and residential buildings within the same

development.

Yes Windows and open space have been

appropriately located to avoid internal

overlooking will occur throughout the

development.

B24 Noise Impacts

Protect residents from external noise and

contain noise sources in developments that may

affect existing dwellings.

Yes The proposed residential dwellings are

appropriately setback from side

boundaries to provide a level of

distance between the location of any

potential mechanical plant and the open

space areas of surrounding properties.

The location of heating and cooling

units will be required to be shown on

plan as a condition on any permit

issued.

There is no indication that the

development will result in a level of

noise that is uncharacteristic of a

residential area.



Trim: IC14/146 139

Title and Objective

Complies

with

Standard?


B25 Accessibility

Consider people with limited mobility in the

design of developments.

Yes Whilst all dwellings being double storey

limits the overall accessibility of the

dwellings to those with limited mobility,

each dwelling is accessed via the

ground floor and provides at least one

bedroom as well as significant living

space, making the utilisation of the

dwellings by people with limited mobility

at least partially possible.

B26 Dwelling Entry

Provide a sense of identity to each

dwelling/residential building.

Yes The provision of a porch to each

dwelling entry allows for the easy

identification of each dwelling and

differentiates them from one another.

B27 Daylight to New Windows

Allow adequate daylight into new habitable room

windows.

Yes Appropriate setbacks are provided

around each window the transmission of

adequate light through to habitable

rooms.

B28 Private Open Space

Provide reasonable recreation and service

needs of residents by adequate private open

space.



Yes Required:

An area of 40m2, with one part of the

POS to consist of secluded POS at the

side or rear of the dwelling or residential

building with a minimum area of 40m2,

a minimum dimension of 5m and

convenient access from a living room. If

a dwelling has more than 2 bedrooms

an additional ground level POS area of

20m2 with a minimum width of 3m is

required to be provided for each

additional bedroom, with a maximum of

80m2 of POS required for the dwelling.

Proposed: 70.52m2 (plus 135m2 of

open space in front setback) for

Dwelling 1, 64.81m2 for Dwelling 2 and

68.24m2 for Dwelling 3.

The proposed dwellings comply with the

minimum requirements for secluded

private open space with a provision of at

least 40m2 with a minimum dimension

of five (5) metres provided plus an

additional 20m2 with a minimum width of

three (3) metres.



Trim: IC14/146 140

Title and Objective

Complies

with

Standard?


B29 Solar Access to Open Space

Allow solar access into the secluded private

open space of new dwellings/buildings.

Yes Areas of open space are provided with

adequate access to daylight to comply

with this standard.

B30 Storage

Provide adequate storage facilities for each

dwelling.

Yes 6m3 of storage is provided to each

dwelling in a notated section of each

double garage. These areas do not

encroach into the dimensions required

for parking spaces and are considered

to satisfy this standard.

B31 Design Detail

Encourage design detail that respects the

existing or preferred neighbourhood character.

Yes

(subject to

condition)

There are a number of details that need

to be resolved in order to better

integrate the proposal with the

surrounding area. The size of the upper

storey rumpus room to Dwelling 2 will

be reduced in length by 1.0 metre in

order to reduce its overall bulk and

reduce the room’s usability as a fourth

bedroom (which would require more

private open space than is provided to

Dwelling 2). To further ensure this, a

1200mm high balustrade is to be noted

as separating the stairs from the

rumpus to ensure that the rumpus

remains open to the house and not a

fully enclosed room.

The north-facing window to Bedroom 2

of Dwelling 2 will be screened to a

height of 1.7 metres to prevent views

down into the master bedroom window

of Dwelling 3.

Changes to the stairwell windows of

Dwellings 1 & 2 will be required to

ensure that the sill heights of these

windows are at least 1.7 metres above

the floor level of the landing.

B32 Front Fences

Encourage front fence design that respects the

existing or preferred neighbourhood character.



Yes Maximum: 1.2m

Proposed: 1.2m

The proposed fence is of a height that

complies with the standard.



Trim: IC14/146 141

Title and Objective

Complies

with

Standard?


B33 Common Property

Ensure car parking, access areas and other

communal open space is practical, attractive and

easily maintained.

Avoid future management difficulties in common

ownership areas.

Yes Future common property areas are

arranged in a logical fashion and are

unlikely to cause management issues in

the event of future subdivision.

B34 Site Services

Ensure site services and facilities can be

installed and easily maintained and are

accessible, adequate and attractive. Avoid future

management difficulties in common ownership

areas.

Yes

(subject to

condition)

Letterboxes to the dwellings are not

clearly indicated and will be required as

a condition on any permit issued.

Appendices

Appendix 1 - KP13/730 - 55 Bear Street Mordialloc - Considered Plans (Trim No 14/12448)



4.4

KP13/730 - 55 BEAR STREET MORDIALLOC

1 KP13/730 - 55 Bear Street Mordialloc - Considered Plans ....... 145

Appendix 1 4.4 KP13/730 - 55 Bear Street Mordialloc - KP13/730 - 55 Bear Street Mordialloc - Considered Plans

145

KP13/730 - 55 Bear Street Mordialloc - Considered Plans KP13/730 - 55 Bear Street Mordialloc - Considered Plans


146


147


148


149


150


151

Trim: IC14/144 153

4.5 KP233/2013 - 22 Valleta Street, Carrum 4.5 KP233/2013 - 22 Valleta Street, Carrum


19 February 2014

Agenda Item No: 4.5

KP233/2013 - 22 VALLETA STREET, CARRUM Contact Officer: Amy Lin, Senior Statutory Planner

Purpose of Report This report is for Council to consider Planning Application 22 Valletta Street, Carrum – Planning Permit Application No. KP13/233


No Council officer/s and/or Contractor/s who have provided advice in relation to this report have declared a Conflict of Interest regarding the matter under consideration. Note: if indirect chosen, you must also state whether it is: (a) by close association (S.78 LGA) (b) indirect financial interest (S.78A LGA) (c) because of a conflicting duty (S.78B LGA) (d) because of receipt of an applicable gift (S78C LGA) (e) as a consequence of becoming an interested party in civil proceedings (S78D LGA) (f) because of impact on residential amenity (S78E LGA)

Recommendation

Recommendation


That if Council had been in a position to determine this application, it would have resolved to issue

a Notice of Decision to Grant a Permit to develop the land for the Construction of six dwellings and

waiver of one (1) car parking space at 22 Valletta Street, Carrum, subject to the conditions

contained within this report.



Trim: IC14/144 154

22 Valletta Street, Carrum – Planning Permit Application No. KP13/233

Executive Summary for Planning Committee


LAND: 22 Valletta Street, Carrum

PLANNING OFFICER: Amy Lin

PROPOSAL: Construction of six dwellings and waiver of one (1)

car parking space

PERMIT TRIGGER: Clause 32.06-4, 43.02-2, 44.05-1 and 52.06-3

EXISTING SITE CONDITIONS: Single weatherboard dwelling

APPLICANT: Neil Fletcher Design

ZONE / OVERLAYS: Residential 1 Zone, Design and Development

Overlay (DDO1, DDO7), Special Building Overlay

RESIDENTIAL POLICY AREA Increased Housing Diversity

OBJECTION(S) Two

ABORIGINAL CULTURAL


Yes – Approved Cultural Heritage Management

Plan Number: 12667


1.1 The application seeks to develop the land for Construction of six dwellings and waiver of one (1) car parking space. An application for appeal has been lodged against this application pursuant to section 79 of the Planning and Environment Act 1987.

1.2 The proposal seeks to construct five (5) x three (3) bedroom dwellings and one (1) x two (2) bedroom dwelling with associated garaging. All dwellings are double storey in height with a maximum height of 8.1m proposed.

1.3 The site has two street frontages with Dwelling 1 to 4 proposed to have access through Valetta Street in a battle axe arrangement and Dwelling 5 and 6 proposed to have access through Little Colenso Street in a side by side arrangement.

1.4 Site coverage of 49.3% and permeability of 26.1% is proposed.

1.5 The dwellings are to be constructed of a mixture of materials including face brickwork, weatherboard cladding, render, aluminium framed windows, limestone paving, cypress post front fencing, skillion and pitched roofing.





Trim: IC14/144 155

2.2 The site is generally rectangular in shape with a frontage to Valetta Street of 15.24m

metres, a side depth of 89.12m to 90.9m, resulting in a site area of 1382sqm. The site currently contains a single storey weatherboard dwelling and associated outbuildings. The existing dwelling on the land enjoys a front setback in excess of 9.0m to Valetta Street. The site also has a frontage to Little Colenso Street and abuts a concrete 3.05m wide pedestrian footpath to the north.

2.3 The surrounding area is residential and comprises of a mixture of dwelling styles, lot sizes and built form. There is are a number of single dwellings on individual lots along the eastern side of Valetta Street. The subject site abuts larger lots which have previously been redeveloped for multi-unit developments. Built form in the area generally comprises of single and double storey dwellings, with brick or weatherboard construction and pitched roofing.



(a) Reduced front setback

A variation is sought reduce street setbacks to both street frontages. The proposed setback is considered appropriate in the context of the site and broader neighbourhood character. The reduced setback will also allow for more efficient use of the land. The variation sought is recommended to be supported.

(b) Reduced side setback

A variation is sought to reduce the side setbacks to Dwelling 5 and 6. The setbacks proposed are recommended to be supported given the setbacks are considered to be respectful of the existing neighbourhood character, appropriate in the site context, consistent with policy envisaged for this area and the variation sought primarily adjoins a pedestrian footpath to the north.



Trim: IC14/144 156

(c) Variation to Wall on Boundary

A variation is sought to allow higher garage walls located along the northern

boundary. A wall height of 3.85m and 3.95m is proposed. This is recommended to

be supported as the walls abut a pedestrian footpath and will not unreasonably

impact the amenity of existing adjacent dwellings or on the public realm.

(d) Reduction in the car parking requirement

The proposal seeks a reduction to one visitor car space requirement. This variation is recommended to be supported due to the sites proximity to services, public transport and availability of off-site parking within 100m of the subject site. Council’s Traffic Engineers also have no objection to the reduction sought.

3.2 The subject site is identified within Area 81 of the Kingston Neighbourhood Character Study (May 2003). However, the average lot size within this area has not been calculated as the subject site is not located within a Residential 3 Zone.


4.1 Two (2) objections were received to the application. A summary of the concern and response to each ground is provided below:

(a) Additional traffic along Little Colenso Street

The two dwellings proposed to face Little Colenso Street contain two car parking spaces each in accordance with the car parking provisions. A reduction is sought in relation to visitor car parking. The provision of car parking is considered to be sufficient due to the proximity of the site to services, public transport and availability of off-site parking within 100m of the site.

(b) Disruptions to vehicle access during construction and damage of Little Colenso Street.

Little Colenso street has been constructed as part of an approved apartment complex adjoining the site to the west at 490 Station Street, Carrum. To limit impacts during the construction period, it is recommended for a Construction Management Plan to be required as part of a permit condition. A separate condition is also recommended to be placed on the permit requiring any damage caused to Little Colenso Street as a result of the development to be repaired by the permit holder/owner.

5.0 CONCLUSION

5.1 Based on a thorough assessment of the application against the relevant provisions of the Kingston Planning Scheme and taking into consideration the concerns raised by objectors, to the proposal, subject to the inclusion of conditions, is deemed appropriate and should therefore be supported.

RECOMMENDATION

If Council had been in a position to determine this application, it would have resolved to issue a Notice of Decision to Grant a Permit for the Construction of six dwellings and waiver of one (1) car parking space at No. 22 Valetta Street, Carrum, subject to the following

1. Before the development starts amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When



Trim: IC14/144 157

approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be substantially in accordance with the plans submitted to Council on 18 September 2013, but modified to show:

a. The provision of a landscape plan in accordance with the submitted development plan and the City of Kingston Landscape Plan Checklist, with such plans to be prepared by a suitably qualified landscape professional and incorporating:

i. an associated planting schedule showing the proposed location, species type, mature height and width, pot sizes and number of species to be planted on the site;

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

iii. all existing trees on the site and close to the boundary of the site on adjoining properties, accurately illustrated to represent actual canopy width and labelled with botanical name, height and whether the tree is proposed to be retained or removed;

iv. a range of plant types from ground covers to large shrubs and trees, species must comprise a minimum of 80% indigenous coastal species;

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

vi. the provision of two (2) suitable medium sized (at maturity) canopy trees within the front setback of the property and one (1) small (at maturity) tree within the private open space area of each dwelling, with species chosen to be approved by the Responsible Authority;

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

viii. a Melia azedarach (White Cedar) is to be provided at a minimum of 5 metres in height at time of planting in the front setback of the property facing Valetta Street;

ix. all trees provided at a minimum of 2 metres in height at time of planting;

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

xi. the provision of notes regarding site preparation, including the removal of all weeds, proposed mulch, soil types and thickness, subsoil preparation and any specific maintenance requirements; and

xii. the provision of a notation of the Tree Protection Details as provided in Conditions 10, 11 and 12 of this permit. This includes all nominated tree protection zones to be drawn to scale on the plans.

b. A flood proof apex (ie hump) protecting the proposed reverse fall driveways fronting Little Colenso St must be provided to protect the property from overland flows. This apex is to be a minimum of 100mm above the proposed edge of laneway level in Little Colenso St (to be constructed shortly). This apex is to continue through any



Trim: IC14/144 158

driveways or pathways that may cross it. The apex is to be a permanent structure (eg. hump in concrete driveway/pathway, sleeper retaining wall, solid brick fence/wall). Low mounded soil on its own is unlikely to be acceptable due to the likelihood of future disturbance;

c. The provision of minimum 2000 litre rainwater tank clearly nominated for each dwelling with water re-used for toilet flushing;

d. All relevant environmentally sustainable design measures outlined within the report required under condition 14 of this permit to be shown on the plans as applicable;

e. The site/floor plans revised to correctly notate Dwelling 5 and Dwelling 6;

f. Additional turning circles (including possible reconfiguration of Dwelling 4) to demonstrate vehicles are able to exit Dwelling 4 in a forward direction in 3 movements in accordance with Australian Standards.

g. Letter boxes to be no more than 1.2m in height;

h. All double garages widened to a minimum of 5.2m;

i. The internal garage door associated with Dwelling 5 modified to swing into the storage area;

j. A notation on the floor / site plan(s) stating “kerb heights in the driveway and manoeuvring areas no more to be no more than 150mm”;

k. An elevation plan of the front fencing, which provides details of its height, materials and colours. The fence must not exceed 1.2m in height;

l. The provision of a full colour, finishes and building materials schedule, including samples (illustrated on an A4 or A3 sheet), for all external elevations and driveways of the development; and

m. All dwellings to be correctly numbered.

Ongoing





Melbourne Water



Trim: IC14/144 159

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

Parks

7. Prior to the removal of the gum tree from the Valetta Street nature strip, payment must be

made to Kingston City Council’s customer service in accordance with Council’s Street Tree

Removal Procedures. The removal of this tree must be undertaken by Council at the

expense of the Developer/Owner.

8. Prior to the commencement of any works on the site, a tree protection barrier must be

installed at least two (2) metres from the base of the Melaleuca street tree located on the

nature strip.

9. Sensitive digging is required during the construction of the proposed crossover to ensure

that the health of the Melaleuca street tree located on the nature strip is not impacted - no

roots over 50mm are to be cut (unless otherwise approved in writing by the Responsible

Authority) and no branches are to be damaged during any construction works outside any

tree protection zone.

Vegetation

10. A Tree Protection Zone (TPZ) must be installed at a distance of 3.8 metres from the Corymbia ficifolia (Red Flowering Gum) (tree 10 on pre-purchase inspection report) located in the along the southern boundary of the property. A qualified arborist is to be employed to oversee any works (excavation and or construction) within this zone. The following must be observed within 3.8m of the tree:

a) the existing soil level must not be altered either by fill excavation;

b) the soil must not be compacted or the soil’s drainage changed;

c) no fuels, oils, chemicals, poisons, rubbish and other materials harmful to trees are to be stored or dispersed;

d) no storage of equipment, machinery or material is to occur;

e) open trenching to lay underground services e.g.: drainage, water, gas, etc. must not be used;

f) tree roots must not be severed or injured; and

g) machinery must not be used to remove any existing concrete, bricks or other materials.

11. Prior to the commencement of the development herby permitted a Tree Protection Fence defined by a 1.2 metre high temporary fence constructed using steel or timber posts fixed in the ground or to a concrete pad, with the fence’s side panels to be constructed of cyclone mesh wire or similar strong metal mesh or netting, must be erected 3.8m in a radius from the Corymbia ficifolia (Red Flowering Gum). The above requirements in condition 10 must be observed within this area.

12. All tree pruning work must be in accordance with the Australian Standards AS4373 (2007) “Pruning of Amenity Trees” and be undertaken by a qualified and experienced Arborist.

13. All surfacing including the driveway within 3.8 metres of the Corymbia ficifolia (Red Flowering Gum) (tree 10 on pre-purchase inspection report) located along the southern boundary of the property must be permeable to the satisfaction of the Responsible Authority.



Trim: IC14/144 160

Environmentally Sustainable Design

14. The provision of an improved ESD report prepared by a suitably qualified professional. The report must be submitted to and approved by the Responsible Authority prior to the endorsement of the Plans required pursuant to Condition 1 of this permit. When approved, the Report will be endorsed and will then form part of the Permit and shall thereafter be complied with to the satisfaction of the Responsible Authority. The revised ESD report must respond to indoor environment quality, energy efficiency, water efficiency, stormwater management (including rain gardens), building materials, transport, waste management, urban ecology, innovation, ongoing building and site management.

Infrastructure

15. The development of the site must be provided with stormwater works which incorporates the use of water sensitive urban design principles to improve stormwater runoff quality and which also retains on site any increase in runoff as a result of the approved development. The system must be maintained to the satisfaction of the Responsible Authority. Council's Development Engineer can advise on satisfactory options to achieve these desired outcomes which may include the use of an infiltration or bioretention system, rainwater tanks connected for reuse and a detention system.



18. Stormwater outflow from the development to the Council drainage system must be limited to the predevelopment level of outflow of the site.

19. The dwellings (habitable areas) must be constructed a minimum 1.77m AHD.

20. The garage must be constructed a minimum of 1.62m AHD.

21. Vehicle crossings must constructed at a 90 degree alignment with the kerb on Valetta Street and Little Colenso Street and all internal driveways must align with the existing and proposed vehicle crossing.

22. Property boundary and footpath levels must not be altered without the prior written consent form the Responsible Authority.

23. The replacement of all footpaths, including offsets, must be constructed the satisfaction of the Responsible Authority.

24. All reinstatements and vehicle crossings must be constructed to the satisfaction of the Responsible Authority.



Trim: IC14/144 161

25. Vehicle crossings and other reinstatements must be constructed to industrial strength specifications to the satisfaction of the Responsible Authority



Cultural Heritage Management Plan

28. All buildings and works must be carried out in accordance with the approved Cultural Heritage Management Plan Number 12667 prepared by Grist Archaeology Heritage Management dated 8 July 2013 and approved by the Secretary of the Department of Planning and Community Development on 7 August 2013.

Construction Management Plan

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

30. Any damage to Little Colenso as a result of the development must be repaired at the cost of the owner/permit holder to the satisfaction of the Responsible Authority.

Waste Management Plan

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

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

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

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

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

Time Limit

32. In accordance with section 68 of the Planning and Environment Act 1987 (The Act), this permit will expire if one of the following circumstances applies:




Trim: IC14/144 162


In accordance with section 69 of The Act, the responsible authority may extend the periods referred to if a request is made in writing:






Note: If further information is required in relation to Melbourne Water’s permit conditions shown above, please contact Melbourne Water on telephone 9235 2517, quoting Melbourne Water’s reference 220534.

Note: The applicable floor level for the property is 1.62 metres to Australian Height Datum (AHD).




Note: The fee for removal of the street tree(s) from the nature strip is ($545.00 including GST), payable to Kingston City Council’s Customer Service Department - refer to cashier code “STRE”. Customer Service will confirm payment to the Parks Department. The removal of the tree requires a minimum of 2 weeks notice from the Developer/Owner.

OR In the event that Council wishes to oppose the application, it can do so using the following grounds:



Trim: IC14/144 163

1. The proposal fails to provide adequate setbacks to the street, not satisfying the objectives

of Clause 55.03-1 of the Kingston Planning Scheme.

2. The proposal fails to provide adequate side setbacks, not satisfying the objectives of

Clause 55.04-1 of the Kingston Planning Scheme.

3. The extent of walls located along the northern boundary is considered to be excessive and

fails to satisfy the objectives of Clause 55.04-2 of the Kingston Planning Scheme.

4. The proposal would result in an unreasonable impact on the amenity of the adjoining

properties, contrary to the objectives of Clause 22.11 (Residential Development Policy) of

the Kingston Planning Scheme.

5. The proposed reduction of the car parking requirement would adversely affect the amenity

of the locality, not meeting the objectives of Clause 52.06 of the Kingston Planning

Scheme.



Trim: IC14/144 164




2.1 The site is generally rectangular in shape with a frontage to Valetta Street of 15.24m metres, a side depth of 89.12m to 90.9m, resulting in a site area of 1382sqm. The site currently contains a single storey weatherboard dwelling and associated outbuildings. The existing dwelling on the land enjoys a front setback in excess of 9.0m to Valetta Street. The site also has a frontage to Little Colenso Street and abuts a concrete 3.05m wide pedestrian footpath to the north

2.2 The land slopes upwards of approximately 2.0 metres to the rear and is affected by a Special Building Overlay. The site contains a number of existing mature trees.

2.3 The land is not encumbered by any easements. It is noted the adjoining parcel of land to the north is identified as a right of carriageway and used as an existing pedestrian footpath. There are no restrictions listed on the Certificate of Title, however Lot 24 (subject site) benefits from the right of the carriageway known as E2 on LP5516.


3.1 The surrounding area is residential and comprises of a mixture of dwelling styles, lot sizes and built form. There is evidence of individual dwelling on large lots to the east of Valetta Street and multi-unit developments abutting the site on all boundaries. Built form in the area generally comprises of single to double storey, with brick or weatherboard construction and pitched roofing.



APPLICANT Neil Fletcher Design

ADDRESS OF LAND 22 Valetta Street Carrum

PLAN OF SUBDIVISION

REFERENCE

Lot 24 on PS 5516

PROPOSAL Construction of six dwellings and waiver of one (1)

car parking space

PLANNING OFFICER Amy Lin


ZONE Clause 32.01: Residential 1 Zone

OVERLAYS Clause 43.02: Design and Development Overlay

Schedule 1 and Schedule 7

Clause 44.05-1: Special Building Overlay

OBJECTIONS Two

CONSIDERED PLAN


18 September 2013

ABORIGINAL CULTURAL

HERITAGE SENSITIVTY

Yes – Approved Cultural Heritage Management Plan

Number: 12667



Trim: IC14/144 165

North: a 3.05m wide pedestrian footpath used as a carriageway easement and abutting the footpath to the north is four (4) single storey weatherboard units with pitched roofing. Three units have a frontage to Valetta Street and one unit fronts Little Colenso Street.

East: consists of a single storey brick veneer dwelling with pitched roof.

South: consists of a multi-unit development with three single storey brick veneer dwellings with pitched roofing.

West: abuts Little Colenso Street and a two storey apartment building with basement under construction at 490 Little Colenso Street.

4.0 PROPOSAL

4.1 It is proposed to demolish the existing dwelling and outbuildings on the land, remove vegetation and construct six (6) double storey dwellings on this site.

4.2 Dwelling 1 comprises: Ground Floor: Open living/meals/kitchen, laundry, powder room, double garage, 38sqm of seclude private open space in two areas. First Floor: Three bedrooms (masters with walk in robe and ensuite), open retreat and amenities.

4.3 Dwelling 2 comprises: Ground Floor: Open living/meals/kitchen, laundry, powder room, double garage, 44sqm of seclude private open space. First Floor: Three bedrooms (masters with walk in robe and ensuite) and amenities.

4.4 Dwelling 3 comprises: Ground Floor: Open living/meals/kitchen, laundry, powder room, single garage, 44sqm of seclude private open space. First Floor: Two bedrooms, retreat and amenities.

4.5 Dwelling 4 comprises: Ground Floor: Open living/meals/kitchen, laundry, powder room, double garage, 52.5sqm of seclude private open space. First Floor: Three bedrooms (masters with ensuite), retreat room and amenities.

4.6 Dwelling 5 and Dwelling 6 (mirror image) comprises: Ground Floor: Open living/meals/kitchen, open study, laundry, powder room, single garage with tandem car space, 42sqm of seclude private open space. First Floor: Three bedrooms (masters with walk in robe and ensuite), open retreat area and amenities.

4.7 Dwellings 1 to 4 are designed with pedestrian and vehicle access from Valetta Street and Dwelling 5 to 6 are designed to have pedestrian and vehicle access from Little Colenso Street.

4.8 The proposal has an overall site coverage of 49.3% and a permeability of 26.1%.

4.9 The dwellings are proposed to be constructed of a mixture of materials including face brickwork, weatherboard cladding, render, aluminium framed windows, skillion and pitched roofing, limestone paving and cypress post front fencing.



Trim: IC14/144 166


Zone

5.1 Residential 1 Zone: Pursuant to Clause 32.01-4 of the Kingston Planning Scheme, a planning permit is required to construct two (2) or more dwellings on a lot. A development must meet the requirements of Clause 55 of the Scheme. The Schedule to the Residential 1 Zone includes a variation to a number of standards within Clause 55.

Overlay

5.2 Special Building Overlay: Pursuant to Clause 44.05 of the Kingston Planning Scheme, a planning permit is required to construct a building or construct and carry out works.

5.3 Design and Development Overlay (DDO1 and DDO7): Pursuant to the 43.02-2 of the Kingston Planning Scheme, a planning permit is required to construct buildings and to carry out works.


5.4 Clause 52.06 - Car Parking: Planning Scheme Amendment VC90, introduced into the

Kingston Planning Scheme on 5 June 2012 contains the following residential car parking

rates at Clause 52.06:

- 1 space to each 1 or 2 bedroom dwelling; - 2 spaces to each 3 or more bedroom dwelling; and - 1 visitor space for every 5 dwellings.

The required number of car parking spaces has been provided for each dwelling however it is noted Dwelling 3 contains an open retreat area at first floor with an area of 2.3m x 4.0m which can converted into a small bedroom. Formally, one visitor car space is proposed to be waived, given there is no visitor car space proposed. Pursuant to Clause 52.06-3, a reduction of 1 car space is sought as part of the development.

The reduction in car parking is supported based on the proximity to services and public transport. A submitted traffic report also indicates there is ample parking available within 100m from the subject site. This is confirmed by Council’s Traffic Engineers who are supportive of the application subject to conditions.

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

General Provisions







Trim: IC14/144 167

Clause 13 Environmental Risks


Clause 16 Housing



Clause 21.09 Environment, wetlands and waterways


Clause 22.12 Carrum Activity Centre Policy

6.3 Other

6.4 Neighbourhood Character Area Guidelines (Incorporated Document under Clause 21.05 – Residential Land Use of the LPPF). The land is located within Area 81 of the Neighbourhood Character Guidelines.

6.5 Design Contextual Housing Guidelines (April 2003 – reference document within Clause 22.11 – Residential Development Policy). The Design Contextual Housing Guidelines offer a range of design techniques and suggestions to assist with residential design, which is responsive to local character.

7.0 ADVERTISING

7.1 The proposal was advertised by sending notices to adjoining and opposite property owners and occupiers and by maintaining a notice on site for fourteen (14) days. Two (2) objections to the proposal have been received. The valid grounds of objection raised are summarised as follows:

Additional traffic along Little Colenso Street

Disruptions of Little Colenso Street during construction (vehicle access)

Damage of Little Colenso Street



required as two (2) objections were received and the objectors did not request a

consultation meeting. Concerns raised were discussed via telephone conversation,

however no resolutions were reached. 9.0 REFERRALS


Council’s Development Engineer – raised no objection to the application, subject to conditions. Conditions are recommended to form part of any decision issued.

Council’s Road and Drains Engineer – raised no objection to the application, subject to conditions. Conditions are recommended to form part of any decision issued. It is



Trim: IC14/144 168

noted conditions in relation to the vehicle crossings and minimum 5.4m setback is considered to be met and will not be applied.

Council’s Traffic Engineering Referral - raised no objection to the application, subject to conditions. Conditions in relation to improving internal vehicle movements have been applied where applicable. Conditions are recommended in relation to letter box heights to allow for suitable sight lines, widening garage door entrances and ensuring Dwelling 4 can exit the site in a forward direction (within 3 moves and in accordance with Australian Standards).

Conditions relating to removing landscaping to facilitate wider driveways have not been recommended on the permit as landscaping will improve the appearance of the development. The proposed driveway widths are considered to be satisfactory and will allow appropriate vehicle movement. Traffic Engineering recommendations in relation to lowering side fences has not been applied as side the side fences are existing structures. A condition will be applied to the letter box to ensure sight lines are not obscured.

Council’s Sustainable Design Officer – raised no objection subject to a revised SMP report and for ESD commitments to be shown on submitted plans. This is recommended to form a condition of any permit issued.

Council’s Urban Design – suggested a redesign of the proposal (Dwellings 1- 4) to include low fencing and pedestrian access via the laneway to the north. The design in its current form is supported as it results with north facing secluded private open space and the inclusion of direct gate entries to the laneway.

Council’s Vegetation Management Officer – originally suggested the retention of two trees. After negotiations with the permit applicant, it was agreed that one tree was to be retained as part of the application. Therefore, no objections have been raised subject to conditions to be included in any permit issued. These conditions are recommended form part of any permit issued.

Council’s Parks – raised no objection to the application, subject to conditions in relation to the removal of a Gum tree and retention of a Melaleuca street tree. Conditions are recommended to form part of any decision issued.


Melbourne Water - raised no objection to the application, subject to conditions. Conditions are recommended to form part of any decision issued.



10.1 The State Planning Policy Framework sets out the relevant state-wide policies for residential development at Clause 11 (Settlement), Clause 15 (Built Environment and Heritage) and Clause 16 (Housing). Essentially, the provisions within these clauses seek to achieve the fundamental objectives and policy outcomes sought by the Metropolitan Strategy – ‘Melbourne 2030’ and its recent update ‘Melbourne @ 5 Million’, which have been removed from an individual clause and integrated throughout the State Planning Policy Framework.



Trim: IC14/144 169




urban areas;




10.3 Clause 11.01-2 places particular emphasis on providing increased densities of housing in and around activity centres or sites that have good access to a range of services, facilities and transport options.

10.4 Clause 13 (Environmental Risks) aims to ensure that planning adopts a best practice environmental management and risk management approach which aims to avoid or minimise environmental degradation and hazards. The provisions of Clause 13.02-1 (Floodplain management) seek to assist in the:

Life, property and community infrastructure from flood hazard. The natural flood carrying capacity of rivers, streams and floodways. The flood storage function of floodplains and waterways. Floodplain areas of environmental significance.

10.5 Further, planning should identify and manage the potential for the environment, and environmental changes, to impact upon the economic, environmental or social well-being of society.

10.6 Clause 15 (Built Environment and Heritage) aims to ensure all new land use and development appropriately responds to its landscape, valued built form and cultural context, and protect places and sites with significant heritage, architectural, aesthetic, scientific and cultural value.

10.7 Clause 15.03-2 (Aboriginal Cultural Heritage) seeks to ensure the protection and conservation of places of Aboriginal cultural heritage significance.

10.8 The Subject Land is identified in an area of Aboriginal Cultural Heritage Sensitivity.

“The Aboriginal Heritage Act 2006 (the Act) and Aboriginal Heritage Regulations 2007 provides for the protection and management of Victoria’s Aboriginal heritage with streamlined processes linked to the Victorian planning system. The Act also provides clear guidance to planners and developers about when, and how, Aboriginal cultural heritage needs to be considered, and in some situations work cannot proceed until compliance is met. Large developments and other high impact activities in culturally sensitive landscapes can cause significant harm to Aboriginal cultural heritage”. [Source: DCPD website].



Trim: IC14/144 170

In this instance, as the proposed activity is not exempt under the Regulations of the Aboriginal Heritage Act 2006, the Permit Applicant is required to prepare and submit a Cultural Heritage Management Plan (CHMP) to Council. Accordingly, CHMP Number 12667 was prepared by Grist Archaeology Heritage Management (dated 8 July 2013) and approved by the Secretary of the Department of Planning and Community Development on 7 August 2013.

10.9 The approved Plan contains the results of an assessment of the potential impact of the proposed activity on Aboriginal cultural heritage. Further, it outlines measures to be taken before, during and after the activity in order to manage and protect Aboriginal cultural heritage in the activity area.

10.10 Housing objectives are further advanced at Clause 16. This Clause aims to encourage increased diversity in housing to meet the needs of the community through different life stages and respond to market demand for housing. In much the same vein as Clause 11, this Clause advances notions of consolidation of existing urban areas, particularly in and around activity centres and employment corridors that are well served by all infrastructure and services.

10.11 The policies contained within Clause 16.01-4 encourage the provision of range of housing types to meet the increasingly diverse needs of the community. Emphasis is placed on development of well-designed medium density housing with respect to neighbourhood character. Further, this Clause aims to make better use of the existing infrastructure and provide more energy efficient housing.

10.12 Policies pertaining to urban design, built form and heritage outcomes are found at Clause 15 of the State Planning Policy Framework. Of particular significance, Clause 15.01 encourages development to achieve high quality architectural and urban design outcomes that contribute positively to neighbourhood character, minimises detrimental amenity impacts and achieves safety for future residents, and the community, through good design. The provisions of Clause 15.02 promote energy and resource efficiency through improved building design, urban consolidation and promotion of sustainable transport.

10.13 It is submitted that the proposed development accords with the aforementioned State strategies and policy direction. Specifically, the subject site is located on land earmarked for residential purposes, whereby residential development is an ‘as of right’ use under the zoning provisions. Subject to appropriate conditions on any permit issued, the development itself achieves an acceptable design outcome for the site and its immediate abuttals, whilst enjoying convenient and direct access to community facilities and the like, including public transport nodes.


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



diversity and cater for the changing housing needs of current and future populations, taking account of the capacity of local areas in Kingston to accommodate different types and rates of housing change. This is to be achieved



Trim: IC14/144 171

through encouraging residential development within activity centres via mixed-use development, and on transitional sites at the periphery of activity centres.

o To ensure new residential development respects neighbourhood character and is

site responsive, and that medium density dwellings are of the highest design quality. This is to be achieved through promoting new residential development, which is of a high standard, responds to the local context and positively contributes to the character and identity of the local neighbourhood.

o To promote more environmentally sustainable forms of residential development. To

be achieved through promoting medium density housing development in close proximity to public transport facilities, particularly train stations.




capacities.

o To recognise and response to special housing needs within the community.

10.16 Council’s Local Planning Policy at Clause 21.05 essentially reinforces State Planning Policy relevant to housing, stressing the need to encourage urban consolidation in appropriate locations and to accommodate projected population increases.

10.17 Council’s Local Planning Policy at Clause 21.09 (Environment, wetlands and waterways) refers to the need to provide adequate flood storage and improve stormwater management practices as a key objective in Kingston’s land use planning as there are significant urban and non urban areas in Kingston which are affected by flood risk. The limitations of the existing drainage system make it imperative that flood risk is considered in land use planning to avoid intensifying the impacts of flooding through inappropriately located uses and/or development.

10.18 Clause 22.11 Residential Development Policy extends upon the provision contained at Clause 21.05 (Residential Land Use), relating to increased housing diversity areas, incremental housing change areas, minimal housing change areas, residential renewal areas and neighbourhood character. It provides design guidance on how new residential development should achieve architectural and urban design outcomes that positively respond to neighbourhood character.


o To promote a managed approach to housing change, taking account of the

differential capacity of local areas in Kingston to accommodate increased housing diversity, incremental housing change, residential renewal or minimal housing change, as identified within the MSS.

o To encourage new residential development to achieve architectural and urban

design outcomes that positively respond to neighbourhood character having particular regard to that identified in the Kingston Neighbourhood Character Guidelines – August 2007.

o To promote on-site car parking which is adequate to meet the anticipated needs of

future residents.



Trim: IC14/144 172

o To ensure that landscaping and trees remain a major element in the appearance

and character of the municipality’s residential environments.

o To limit the amount and impact of increased stormwater runoff on local drainage

systems.

o To ensure that the siting and design of new residential development takes account

of interfaces with sensitive and strategic land uses.

10.20 The site is also located within the Eastern Residential Precinct of Carrum Activity Centre Policy at Clause 22.12. Within this area, the following is Policy:

Activities and uses

Promote increased housing diversity with an emphasis on small medium density

dwellings.

Built form & Character

Promote the development of appropriately designed smaller medium density

housing with strong encouragement for smaller dwellings consistent with the

preferred coastal cottage character.

Promote the development of sensitively designed medium density housing in the

form of small dwellings reflecting an ‘historic’ coastal cottage character. This may

be achieved in the following ways:

- Interpreting traditional building designs which include single and double

frontages, pitched, hipped and gable roofs, eaves, vertical rectangular

window openings and verandahs.

- Using traditional building materials including horizontal weatherboard

cladding, light tone rendered brickwork, corrugated iron roofs, brick

chimneys, timber verandahs, and door and window joinery and painted

finishes.

- Using building materials, finishes and colours appropriate to the coastal

location which are non-reflective and are of natural and muted colours that

will blend with the suburban coastal setting.

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

materials.

Building siting, Height & Setback

Ensure two storey dwellings are sensitively designed to integrate with the

predominantly single storey building height throughout the area. This may be achieved

by:

- Reducing the floor area of upper levels compared to ground levels.

- Increasing the setback of second storey walls to that of first storey walls.

- Including second storey rooms in attics or mezzanines or the like.

- Ensure any two storey component of a dwelling at the rear of a site is

considerably less in area than the ground floor and is set back from property

boundaries to avoid overshadowing or visual intrusion to the rear yards of

neighbours.



Trim: IC14/144 173

Landscape Vegetation & Open space

Ensure the area of soft landscaping is 50 per cent of the required private open space,

and hardstand areas consist of porous surfaces to maximise infiltration.

Drainage

Ensure floor levels for all new developments are assessed by Council as part of the

planning application process.

10.21 The dwellings are considered to be designed in a manner which is consistent with Carrum Activity Centre Policy. The site is identified for increased housing diversity and smaller medium density dwellings. In relation to the built form and character, the dwellings are proposed to be double storey with reduced first floor footprints when compared to the ground floor. Built form and materials include pitched and skillion roofing, porch entrances, brick, render, eaves, and colourbond roofing as encouraged by the policy. Appropriate landscaping and drainage condition will be addressed through separate of permit.

10.22 It is considered that the proposed development generally complies with the State and Local Planning Policy Framework guidelines. Overall the dwellings are considered to be well-designed medium density housing in appropriate locations. This is discussed in the Clause 55 assessment, later within this report.

Overlay Provisions

10.23 The subject site is located within a Special Building Overlay. The purpose of this Overlay is to:

o To implement the State Planning Policy Framework and the Local Planning Policy

Framework, including the Municipal Strategic Statement and local planning policies.

o To identify land in urban areas liable to inundation by overland flows from the urban

drainage system as determined by, or in consultation with, the floodplain management authority.

o To ensure that development maintains the free passage and temporary storage of

floodwaters, minimises flood damage, is compatible with the flood hazard and local drainage conditions and will not cause any significant rise in flood level or flow velocity.

o To protect water quality in accordance with the provisions of relevant State

Environment Protection Policies, particularly in accordance with Clauses 33 and 35 of the State Environment Protection Policy (Waters of Victoria).

10.24 The proposal complies with the Overlay’s relevant Decision Guidelines and is deemed appropriate as the application has been referred to Melbourne Water and Council’s Engineering Department who have no objections to the application subject to minimum finished floor levels of 1.77m AHD for habitable areas and 1.62m AHD for the garage. These floor areas have been met under the current design.

10.25 The subject site is located within a Design and Development Overlay – Schedule 1. The design objectives of this Overlay is to:



Trim: IC14/144 174

o To protect and enhance the foreshore environment of Mentone, Parkdale,

Mordialloc, Aspendale and Chelsea and adjacent areas including Port Phillip Bay.

o To ensure that new buildings, works, renovations and extensions are compatible

with surrounding buildings and natural features, and sympathetic to the surrounding natural landscape and environment.

o To relate building heights, building bulk and setbacks to adjoining sites so that they

are compatible with and enhance the appearance and character of the immediate locality.

10.26 The subject site is located within a Design and Development Overlay – 7. The design objectives of this Overlay is to:

o To protect and enhance the visual and aesthetic appearance of the foreshore area.

o To encourage new buildings and works which are sympathetic to the surrounding

foreshore environment.

10.27 The proposal is considered to comply with the design objectives of Schedule 1 and 7 of the Design and Development Overlay. The proposed built form and construction materials are considered to be respectful of the existing neighbourhood character and greater foreshore environment. Conditions in relation to landscaping are also recommended to form conditions of permit to ensure selected vegetation species is sympathetic to the surrounding natural landscape. It is noted the site does not adjoin the foreshore.


11.1 The proposal has been assessed against the standards of Clause 55 (ResCode) of the Kingston Planning Scheme (refer to Appendix A). Overall, it is noted that the application achieves a high level of compliance with the ResCode provisions, with three (3) variations sought. The remaining thirty-four (34) ResCode standards are satisfied by the proposal.

11.2 The following assessment considers the relevant standards and objectives of ResCode where they require further discussion to that provided in the attached Appendix, particularly those standards where concessions are sought.

Clause 55.02-1 – Neighbourhood Character & Infrastructure


11.3 The objective of this Clause 55.02-1 is ‘to ensure that the design respects the existing neighbourhood character and responds to the features of the site and surrounding area’. Standard B1 of ResCode suggests that the proposed design should respect the existing or preferred neighbourhood character and respond to the features of the site.

11.4 The subject site is located within residential area which comprises of a mixture of dwelling styles, lot sizes and built form. Built form is varied in the neighbourhood and includes single dwellings on individual lots, multi-unit developments such as those abutting the site to the north and south, to apartment style with basement car parking such as at 490 Station Street (rear abuttal to the subject site). The proposed double storey dwellings incorporates brick, weatherboard, porch entrances, low front fences, skillion and pitched roof form. The proposed built form is considered to be respectful of the existing and emerging neighbourhood character.



Trim: IC14/144 175


11.5 The Residential policy objective seeks to ensure that any proposed development accords with the relevant State and Local Planning Policy Framework. An assessment against Kingston’s MSS and Residential Development Policy has been provided and is considered to be appropriate.

Standard B6 – Street Setbacks

11.6 Valetta Street contains a number of unit developments and varied lot sizes. Setbacks to the street are also varied with setbacks of 3.86m and 5.3m located opposite the site at 17 and 19 Valetta Street. Council’s Neighbourhood Character Guideline for Area 81 also identifies buildings as having a setback of 5.0m to 7.0m. The proposed setback to Valetta Street is therefore considered to be acceptable.

11.7 Little Colenso Street is a narrower recently sealed road. The street is used for both rear garage access and as a frontage to dwellings. The adjoining site to the north has a 7.6m setback which faces the same direction and dwellings 5 and 6, however setbacks are varied with numerous reduced setbacks including 1.6m 4.7m setback at 8 and 10 Little Colenso Street.

11.8 The reduced setbacks are supported given the existing site context and considered to be respectful of the neighbourhood character. The sites are also located in an increased diversity area, which will assist in improving the efficient use of the site.

Standard B17 – Side and Rear Setbacks

11.9 Dwelling 5 seeks a variation to the prescriptive side setback requirement to the northern boundary. The ensuite, bath, WC and bedroom 3 require setbacks between 2.2m to 2.6m, however a setback of 1.35m to 1.65m is proposed. Dwelling 6 seeks a minor 0.18m variation for the setback associated with bedroom 3 to the southern boundary.

11.10 The proposed variations sought are considered to be appropriate in the context of the site. There is an existing character of multi-unit developments and apartment style complexes. The site also abuts a 3.05m pedestrian footpath to the north, which would reduce off-site amenity impacts. Finally, the site is designated for increased housing diversity where the variations sought are considered appropriate. It is noted all other side and rear setbacks comply.

Standard B18 – Walls on Boundaries

11.11 A total wall length of 13.52m is proposed along the north boundary complying with Standard B18. A variation is sought to the overall height proposed along the northern boundary. Wall heights of 3.85m and 3.95m are proposed, with the increased height due to the site being partially affected by a Special Building Overlay. The variation sought is supported on this occasion due to the northern wall abutting an existing pedestrian footpath. This will therefore limit negative off site impact to existing dwellings located to the north of the site. Walls proposed along the southern boundary are compliant.


12.1 The objector concerns have been addressed in the attached Appendix A and further elaborated in Section 5.4 of the above assessment.



Trim: IC14/144 176

13.0 CONCLUSION:




Trim: IC14/144 177

APPENDIX A – RESCODE ASSESSMENT CLAUSE 55

Standard of the Kingston Planning Scheme

Two or more dwellings on a lot and residential buildings (Clause 55 and Schedule to the

Residential 1 Zone)

Title and Objective

Complies

with

Standard?

Requirement and

Proposed


Design respects existing neighbourhood

character or contributes to a preferred


Development responds to features of the site

and surrounding area.

Yes See section 11.3 of the

report.


Residential development is consistent with

housing policies in the SPPF, LPPF including

the MSS and local planning policies.

Support medium densities in areas to take

advantage of public transport and community

infrastructure and services.

Yes See section 11.5 of the

report.


Encourages a range of dwelling sizes and

types in developments of ten or more

dwellings.

N/A

B4 Infrastructure

Provides appropriate utility services and

infrastructure without overloading the

capacity.

Yes Conditions are recommended to be included in any permit issued to address infrastructure requirements.


Integrate the layout of development with the

street

Yes Dwellings are oriented to

the street and designed to

face both Valetta Street

and Little Colenso Street.

The dwellings are to be

double storey and contain

brick, weatherboard and

entries to face the street.

The dwellings are

considered to integrate

appropriately to the street.

B6 Street Setback

The setbacks of buildings from a street

respect the existing or preferred

neighbourhood character and make efficient

use of the site.

No Valetta Street

Required: 8.7 metres


Little Colenso Street

Required: 7.6 metres




Trim: IC14/144 178

Title and Objective

Complies

with

Standard?

Requirement and

Proposed

It is noted 7 Little Colenso

Street has 7.6m setback to

the street and 3/24 Valetta

Street is oriented to face

Valetta Street.

See section 11.6 of the

report.

B7 Building Height

Building height should respect the existing or

preferred neighbourhood character.



(max)

Complies

B8 Site Coverage

Site coverage should respect the existing or

preferred neighbourhood character and

respond to the features of the site.

Yes Maximum: 60%

Proposed: 49.3%

B9 Permeability

Reduce the impact of stormwater run-off on

the drainage system and facilitate on-site

stormwater infiltration.

Yes At least: 20%

Proposed: 26.1%


Achieve and protect energy efficient

dwellings and residential buildings.

Ensure orientation and layout reduces fossil

fuel energy use and makes appropriate use

of daylight and solar energy.

Yes Dwellings are proposed

where possible with a

northern orientation to

make adequate use of

available sunlight.

B11 Open Space

Integrate layout of development with any

public and communal open space provided

in or adjacent to the development.

Yes The dwellings abut a

pedestrian footpath to the

north. The dwellings are

designed to incorporate

gates to the pedestrian

footpath which will provide

direct access.

B12 Safety

Layout to provide safety and security for

residents and property.

Yes The proposed development

layout is considered to be

secure for future residents.

B13 Landscaping


To encourage:

Development that respects the

landscape character of the

neighbourhood.

Development that maintains and

Yes A landscape plan and

conditions in relation to

retention of existing trees is

required by way of

conditions of any permit

issued and to ensure

compliance with Standard



Trim: IC14/144 179

Title and Objective

Complies

with

Standard?

Requirement and

Proposed

enhances habitat for plants and animals

in locations of habitat importance.

The retention of mature vegetation on

the site.

B13.

B14 Access

Ensure the safe, manageable and

convenient vehicle access to and from the

development.

Ensure the number and design of vehicle

crossovers respects neighbourhood

character.

Yes The development is

considered to provide for

safe, manageable and

convenient vehicle access

subject to conditions

recommended by Council’s

Traffic Engineers.

Two crossovers are

proposed to both street

frontages. Each crossover

will serve one dwelling

consistent with the

standard with the exception

of the southern Valetta

Street crossover which will

serve three dwellings.

The site has a width of

15.24 metres which based

on two crossovers of 3.0m

width will result in a 39%

frontage coverage which is

below the 40%

requirement. It is noted the

Little Colenso frontage

would result 43.8% based

on a frontage width

excluding the splay.

The number of vehicle

crossovers is considered to

be respectful of the



Provide resident and visitor vehicles with

convenient parking.

Avoid parking and traffic difficulties in the

development and the neighbourhood.

Protect residents from vehicular noise within

developments.

Yes The proposed parking

facilities are considered to

be convenient for residents

with direct access to

dwellings.

Dwellings 1 to 4 are also

designed to incorporates



Trim: IC14/144 180

Title and Objective

Complies

with

Standard?

Requirement and

Proposed

obscured glazing and/or

highlight windows to limit

vehicle noise from shared

access ways.

B16 – no longer exists following Planning Scheme Amendment

VC90 approved on 5 June 2012.


Ensure the height and setback respects the

existing or preferred neighbourhood

character and limits the amenity impacts on

existing dwellings.

No

(partial)

A minimum 2.7m setback is

proposed to the first floor of

Dwelling 1 to 4 from the

northern boundary,

complying with the

prescriptive requirements

of Standard B17.

Variations to side setbacks

are sought for Dwelling 5

and 6. See Section 11.9 of

the report.

It is noted all other setbacks comply with the prescriptive requirements of the standard.


Ensure the location, length and height of a

wall on a boundary respects the existing or

preferred neighbourhood character and limits

the amenity impacts on existing dwellings.

No (part) A double and single garage

is proposed along the north

and south boundary.

South Elevation

13.65m of walls is

proposed to be located on

south boundary. Wall

heights along the south

elevation are designed to

accord with the prescriptive

requirements of the

standard.

North Elevation

See Section 11.11 of the

report.


Allow adequate daylight into existing

habitable room windows.

Yes All existing windows upon

adjacent lots are provided

with light courts in excess

of the 3sqm standard.



Trim: IC14/144 181

Title and Objective

Complies

with

Standard?

Requirement and

Proposed


Allow adequate solar access to existing

north-facing habitable room windows.

N/A There are no north facing

windows within 3m of the

boundary.


Ensure buildings do not significantly

overshadow existing secluded private open

space.

Yes The increased shadowing

of adjoining dwellings are

within the prescribed

allowance of Standard B21

and therefore considered to

be reasonable.

B22 Overlooking

Limit views into existing secluded private

open space and habitable room windows.

Yes The proposal is designed to

incorporate highlight and

obscured windows at first

floor with outlooks to

adjoining secluded private

open space and habitable

room windows within 9.0m.

The prescriptive

requirements of the

standard are considered to

be met.

It is noted additional

screening is not required at

ground floor given the

height of finished floor

levels and location of

existing fences.

B23 Internal Views

Limit views into existing secluded private

open space and habitable room windows of

dwellings and residential buildings within the

same development.

Yes The development is

designed to avoid internal

overlooking.

B24 Noise Impacts

Protect residents from external noise and

contain noise sources in developments that

may affect existing dwellings.

Yes The site is developed for

residential purposes with

no excessive noise sources

expected.

B25 Accessibility

Consider people with limited mobility in the

design of developments.

Yes Dwellings have been

designed in a manner that

could be modified to allow

for people with limited

mobility to reside in the

properties.



Trim: IC14/144 182

Title and Objective

Complies

with

Standard?

Requirement and

Proposed

B26 Dwelling Entry

Provide a sense of identity to each

dwelling/residential building.

Yes Generally the dwellings are

provided with a sense of

address through the

utilisation of porch

entrances and/or direct

frontage to Valetta or Little

Colenso street.


Allow adequate daylight into new habitable

room windows.

Yes Adequate light courts are

provided to proposed

windows to allow for

access to daylight.


Provide reasonable recreation and service

needs of residents by adequate private open

space.

Yes Dwelling 1: 38sqm

Dwelling 2: 44sqm

Dwelling 3: 44sqm

Dwelling 4: 52.5sqm

Dwelling 5: 42sqm

Dwelling 6: 42sqm

The proposed private open

space accords with the

requirements of Standard

B28 in terms of area,

minimum dimension and

location.


Allow solar access into the secluded private

open space of new dwellings/buildings.

N/A No north facing windows

will be affected by the

development.

B30 Storage

Provide adequate storage facilities for each

dwelling.

Yes Adequate storage facilities

are provided for each

dwelling.

B31 Design Detail

Encourage design detail that respects the

existing or preferred neighbourhood

character.

Yes The proposed built form

including roof pitch,

window/door proportions,

recessed garaging is

considered to be respectful

of the existing


B32 Front Fences

Encourage front fence design that respects

the existing or preferred neighbourhood

character.

Note: The Schedule to the Residential 1

Zone includes a variation to this standard

Yes Maximum: 1.2m

Proposed: 1.2m

The front fence is proposed

to have a maximum height

of 1.2m in accordance with

the standard. Additional

clarification is sought

through conditions of

permit.



Trim: IC14/144 183

Title and Objective

Complies

with

Standard?

Requirement and

Proposed

B33 Common Property

Ensure car parking, access areas and other

communal open space is practical, attractive

and easily maintained.

Avoid future management difficulties in

common ownership areas.

Yes Dwellings 2, 3, 4 include

communal areas for letter

boxes and a communal

driveway. This area is

designed to be practical,

attractive and easily

maintained.

B34 Site Services

Ensure site services and facilities can be

installed and easily maintained and are

accessible, adequate and attractive. Avoid

future management difficulties in common

ownership areas.

Yes Services and facilities can

be connected on site.

Appendices

Appendix 1 - KP233/2013 - 22 Valetta Street Carrum - Considered Plans (Trim No 14/11164)

Author/s: Amy Lin, Senior Statutory Planner

Reviewed and Approved By: Nicole Bartley, Team Leader Statutory Planning

4.5

KP233/2013 - 22 VALLETA STREET, CARRUM

1 KP233/2013 - 22 Valetta Street Carrum - Considered Plans..... 187

Appendix 1 4.5 KP233/2013 - 22 Valleta Street, Carrum - KP233/2013 - 22 Valetta Street Carrum - Considered Plans

187

KP233/2013 - 22 Valetta Street Carrum - Considered Plans KP233/2013 - 22 Valetta Street Carrum - Considered Plans


188


189


190


191


192


193

Trim: IC14/150 195

4.6 KP13/436 - 576 - 578 Heatherton Road Clayton South 4.6 KP13/436 - 576 - 578 Heatherton Road Clayton South


19 February 2014

Agenda Item No: 4.6

KP13/436 - 576 - 578 HEATHERTON ROAD CLAYTON SOUTH Contact Officer: Tara Bryce, Senior Statutory Planner

Purpose of Report This report is for Council to consider Planning Permit Application KP13/436 relating to No. 576 - 578 Heatherton Road Clayton South.



Recommendation



Permit to use and develop the land for a place of worship and associated car parking and display

two (2) business identification signs at 576 - 578 Heatherton Road Clayton South, subject to the

conditions contained within this report.



Trim: IC14/150 196

576 - 578 Heatherton Road Clayton South – Planning Permit Application No. KP13/436



LAND: 576 - 578 Heatherton Road Clayton South


PROPOSAL: To use and develop the land for a place of worship and associated car parking and display two (2) business identification signs

PERMIT TRIGGER: Use the land for a place of worship;

Construct buildings and works; and

Display of business identification signs.

EXISTING SITE CONDITIONS: Existing building and fence with vacant area to rear

APPLICANT: St Mary’s Indian Orthodox Cathedral Inc

ZONE / OVERLAYS: Green Wedge Zone (Sch. 2); and

Design and Development Overlay (Sch. 5)

OBJECTIONS One (1) objection



1.1 The application seeks to use and develop the land for a place of worship and associated

car parking and to display business identification signage. The existing double storey dwelling is proposed to be retained and utilised for the parsonage associated with the place of worship. The existing fence extending from the dwelling is also proposed to be retained.

1.2 A total of forty-seven (47) car parking spaces are proposed within the front and rear of the site, with a permeable surface nominated. One of the two (2) existing crossovers along Heatherton Road is proposed to be closed, with one (1) crossover, at the west end of the frontage to be retained.

1.3 The chapel is proposed to be constructed between the rear parking area and the parsonage, 43.8m from the site’s frontage and 21.2m from the rear boundary.

1.4 It is expected a maximum of 150 parishioners will attend the site during the Saturday and Sunday services.


2.1 The site is rectangular in shape, with a street frontage width of 50.29m, maximum depth of

79.02m and overall allotment area of 4081m2. It currently contains a vacant double storey dwelling and store, set back 16.6m from the sites Heatherton Road frontage. An existing fence and portico structure extends west from the building towards the west property boundary. A gravel car park exists to the front of this fence, previously providing customer parking for Fernworld customers (Plant Nursery). Land to the rear of the site has been cleared and is void of any vegetation. It is noted that significant structures, associated with the previous use, have been demolished.



Trim: IC14/150 197

2.2 The use of the surrounding land is as varied as the land zoning, with land fill sites located to the north of Heatherton Road, alongside open space including public parks and golf courses. Land to the south of Heatherton Road is generally used in accordance with the Green Wedge Zone, with plant nurseries and market gardens featuring. Land further east is zoned for industrial purposes, with more intense developments occurring within these areas. Dingley Bypass is proposed to be constructed parallel to Heatherton Road, with acquisition overlays affecting a number of land parcels to the south of Heatherton Road.




(a) Use and Development within a non-urban area

It is acknowledged that the primary function of non-urban areas is to provide for biodiversity, open space, recreation, protection of airport functions and non-urban land uses such as agriculture. Complementary, low density uses such as churches and schools are also entertained within the green wedge. Subject to conditions, it is considered that the proposed place of worship and use of the existing built form for the parsonage should provide an appropriate response to the open landscape character sought within the green wedge and should not compromise the open space linkages sought via the chain of parks concept.



Trim: IC14/150 198


4.1 One (1) objection was received to the application. A summary of the concern and response to each ground is provided below: (a) The development should be located within an urban area

Non-urban polices and the Kingston Green Wedge Plan entertain community and institutional uses within the green wedge where they benefit from good access, provide for regional use and can maintain an open, rural landscape character. Subject to conditions, it is considered that the use and development can uphold the principles of Kingston’s non-urban areas within the Green Wedge.

(b) Overdevelopment of the site

The development, including both existing and proposed structures achieves a site coverage of 12.93%. The new built form on the land achieves good side and rear setbacks with the existing dwelling screening a substantial portion of the new built form from the road.

The use of permeable parking areas to the front and rear create reasonable open spaces, with recommendations made to improve the amount of vegetation provided within the development to align the development with the rural landscape principles.

(c) Contravention of Local Planning Polices surrounding the Green Wedge and the Green Wedge Plan

As noted under concern (a) planning policy at state and local level in addition to the Kingston Green Wedge Plan entertains some urban uses, including churches within the Green Wedge Zone. The low density nature of the use allows the proposal to uphold the openness sought within the green wedge zone and benefits from the accessibility of its main road location and direct abuttal to the future Dingley Bypass.

Whilst the land is not proposed for an open space linkage, it is proposed to provide for a community use, with the built form massed towards existing industrial built form and away from the open expanse of vacant land parcels.

It is considered that the proposed use would not compromise the viability of non-urban uses nor have an unreasonable impact upon the environmental character and biodiversity of the Green Wedge area.

5.0 CONCLUSION 5.1 Based on a thorough assessment of the application against the relevant provisions of the

Kingston Planning Scheme and taking into consideration the concerns raised by objectors, the proposal, subject to the inclusion of conditions, is deemed appropriate and should therefore be supported.



Trim: IC14/150 199

RECOMMENDATION

That Council determine to support the proposal and issue a Notice of Decision to Grant a Permit to develop and use the land for a place of worship and associated car parking and display two (2) business identification signs at No. 576 – 578 Heatherton Road Clayton South, subject to the following conditions:

1. Before the use and development starts amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be substantially in accordance with the plans submitted to Council on 19th November, 2013, but modified to show:

a. the provision of an improved landscape plan in accordance with the submitted development plan and the City of Kingston Landscape Plan Checklist, with such plans to be prepared by a suitably qualified landscape professional and incorporating:

i. an associated planting schedule showing the proposed location, species type, mature height and width, pot sizes and number of species to be planted on the site;

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

iii. all existing trees on the site and close to the boundary of the site on adjoining properties, accurately illustrated to represent actual canopy width and labelled with botanical name, height and whether the tree is proposed to be retained or removed;

iv. a range of plant types from ground covers to large shrubs and trees, species must comprise a minimum of 80% indigenous species;

v. the planting schedule to include a broader indigenous plant palette;

vi. the provision of varies plant species within the landscape beds surrounding the car parking areas, provided in an informal pattern;

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

viii. the provision of nine (9) suitable medium sized (at maturity) indigenous canopy trees within the front landscape buffer and an additional four (4) suitable medium sized (at maturity) indigenous canopy trees appropriately located within the site, with species chosen to be approved by the Responsible Authority;

ix. all trees provided at a minimum of 2 metres in height at time of planting;

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

xi. the provision of notes regarding site preparation, including the removal of all weeds, proposed mulch, soil types and thickness, subsoil preparation and any specific maintenance requirements;

b. the central lawn area to the north of the church to include a range of indigenous plant types;



Trim: IC14/150 200

c. the provision of water sensitive urban design treatments within the landscaped areas around the car park areas, with these areas to have consideration of the planting requirements of condition 1a;

d. the provision of a STORM report, with the size of the water tanks increased in accordance with the recommendations of the STORM report;

e. the sign at the sites frontage reduced to a maximum height of 2.2m with the dimensions of the sign reduced to 1.2m by 1.2m;

f. the colour of the sign located at the front of the site amended to respect the landscape character of the green wedge;

g. a signage plan, detailing the sign located along the north elevation of the chapel, with the sign limited to the text shown and a 500mm setback from the east and west edge of the porch / vestibule façade, with the advertising area not increased;

h. materials and finishes schedule for the existing dwelling;

i. the height of the chapel reduced to 8.0m to the top of the ridgeline;

j. a notation stating that “all vehicle crossings must constructed at a 90 degree alignment with the kerb on Heatherton Road and the internal driveway must align with the vehicle crossing”;

k. a 2.5 metre wide dark brown shared user path constructed across the frontage, replacing the existing path, in accordance with the requirements at Condition 9 of this permit;

l. details of any maintenance to be undertaken to the external facades and finishes of the existing dwelling;

m. provision of a fence elevation, detailing the height, materials and spacing of the metal pickets;

n. the paving nominated on the plan nominated as being permeable; and

o. the commitments nominated within the ESD report shown on the plan, including the location of services and notations.

Endorsed Plans

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

3. No more than one-hundred and fifty (150) patrons may be on the site.


4. The development of the site must be provided with stormwater works which incorporates the use of water sensitive urban design principles to improve stormwater runoff quality and which also retains on site any increase in runoff as a result of the approved development. The system must be maintained to the satisfaction of the Responsible Authority. Council's Development Engineer can advise on satisfactory options to achieve these desired outcomes which may include the use of an infiltration or bio-retention system, rainwater tanks connected for reuse and a detention system.




Trim: IC14/150 201


7. Stormwater outflow from the development to the Council drainage system must be limited to the predevelopment level of outflow of the site.

Road Engineering

8. Prior to the commencement of development, property boundary, footpath and vehicle crossing levels must be obtained from Council’s Roads and Drains Department with all levels raised or lowered to the satisfaction of the Responsible Authority.

9. A 2.5m wide dark brown shared used path must be constructed across the site’s frontage, in accordance with the requirements of and to the satisfaction of the Responsible Authority.


11. All reinstatements and vehicle crossings must be constructed to the satisfaction of the relevant authority.

12. Any vehicle crossings and other reinstatements must be constructed to council’s industrial strength specifications.



15. Prior to the commencement of works, a plans must be submitted to and approved by the Responsible Authority detailing the construction, drainage and on-going maintenance details for the gravel car park. The plan must include details of the marking if the car parking spaces and details regarding the responsibility for the ongoing maintenance of the car park area.

Vic Roads Conditions

16. Before the development starts, amended plans must be submitted to and approved by VicRoads and the Responsible Authority and will then form part of the permit. The plans must be drawn to scale with dimensions and must be generally in accordance with the plans submitted to Council on 19 July 2013 but modified to show:

a. The removal of the eastern access and the area reinstated (including. kerb and channel).

b. The western access widened at least 6m wide at the property boundary, and sealed for at least the first 12m within the property boundary.

17. Before the commencement of the permitted use, access in accordance with the approved plan must be constructed and the eastern access is closed to the satisfaction of the Responsible Authority.

18. If any traffic noise attenuation measures are required to protect the amenity of the building and its occupants it must be provided by the permit holder at no cost to VicRoads.

Public Works

19. Prior to the occupation of any part of the development approved under this Planning Permit, or prior to the issue of a Statement of Compliance for the subject site, the applicant / owner of the land must either, construct the shared user path located along the Heatherton Road Street frontage of the in accordance with Condition 1m), to the



Trim: IC14/150 202

Responsible Authority's satisfaction and at the developer's cost (including paving), or pay an amount to the Responsible Authority towards the construction of the shared user path located along Heatherton Road Street frontage of the site. The amount payable towards this construction is to be determined in consultation with the Responsible Authority.

Signage Conditions

20. Signs must not be illuminated internally or by external lights.

21. The location and details of the signs as shown on the endorsed plans must not be altered without the prior written consent of the Responsible Authority.

22. Any existing advertising sign on the land must be removed prior to the commencement of the use or development authorised by this permit.

23. Once the erection of the sign(s) has commenced it must be continued and completed to the satisfaction of the Responsible Authority.

24. The signs shown on the endorsed plans must be constructed to the satisfaction of the Responsible Authority and must be maintained to the satisfaction of the Responsible Authority.

25. This part of the permit that relates to advertising signs) expires fifteen (15) years from the date of permit issue.

Prior to Occupation

26. Prior to the occupation of the development hereby permitted, the landscaping works as shown on the endorsed plans must be completed to the satisfaction of the Responsible Authority. The landscaping must then be maintained to the satisfaction of the Responsible Authority.

27. Prior to the occupation of the development hereby permitted, all buildings and works and the conditions of this permit must be complied with, unless with the further prior written consent of the Responsible Authority.

28. Prior to the occupation of the development hereby permitted, all boundary fences must be repaired and/or replaced as necessary to the satisfaction of the Responsible Authority, at the cost of the applicant/owner.

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



c. Drained and maintained to the satisfaction of the Responsible Authority.


Traffic Management

30. The developer/owner must contact the Responsible Authority and VicRoads and arrange traffic management plans and WORKS ZONE for any works that may affect traffic (both vehicular and pedestrian) or parking in Heatherton Road or any of the surrounding streets. Works vehicles will not be able to stop in the street fronting the property if they cannot provide at least 3 metres clearance for other vehicles to pass or if parking restrictions already apply. The developer will be responsible for the costs of arranging a WORKS ZONE and reinstatement of parking restriction signs, to the satisfaction of the Responsible Authority.

31. Any existing vehicular crossing not in accordance with the endorsed plan must be removed and the kerb reinstated in a manner satisfactory to the Responsible Authority



Trim: IC14/150 203

and any proposed vehicular crossing must be fully constructed to the Responsible Authority’s standard specification.

Completion of Development


Permit Expiry






within six (6) months after the permit expiry date, where the use or development allowed by the permit has not yet started; or





OR

Should Council determine to refuse the application, it should do so on the following grounds:

1. The proposal fails to satisfy the policies and objectives within the State and Local Planning Policy Framework including Clause 11 (Settlement), Clause 12 (Environmental and Landscape Values), Clause 15 (Built Environment and Heritage), Clause 19 (Infrastructure), Clause 21.03 (Land Use Challenges for the Millennium), Clause 21.10 (Non-Urban Areas), Clause 22.04 (South East Non-Urban Area Policy), Clause 22.15 (Outdoor Advertising Signage Policy).

2. The proposal is inconsistent with the goals and objectives of Clause 35.04 (Green Wedge Zone).

3. The proposal fails to satisfy the goals and objectives set out within the Green Wedge Plan.



Trim: IC14/150 204


1.1 Planning Permit KP13/85 was issued by Kingston City Council on the 7th June 2013, for the

creation of an easement. The 4m carriageway easement was proposed to provide legal right of access to the allotment to the rear of the site (Lot 1 on TP562990). Statement of Compliance has been issued, however revised titles with the easement shown have not yet been released.

1.2 Planning Permit No. KP175/13, issued by Council is to be varied at the direction of the Order issued by the Victorian Civil and Administrative Tribunal on the 22nd January 2014 for the construction of the Dingley Bypass from South Road, Moorabbin to Westall Road, Clayton South.

1.3 Planning Permit No. KP597/12 was issued on the 18th September 2013 for the removal of

native vegetation for the Dingley Bypass – from South Road, Moorabbin to Westall Road, Clayton South.


2.1 The site is rectangular in shape, with a street frontage width of 50.29m, maximum depth of

79.02m and overall allotment area of 4081m2. It currently contains a vacant double storey dwelling and store, set back 16.6m from the sites Heatherton Road frontage. An existing fence and portico structure extend west from the building towards the west property boundary.

2.2 A gravel car park exists to the frontage of the fence, previously providing customer parking for Fernworld customers (Plant Nursery). Land to the rear of the site has been cleared and is void of any vegetation. It is noted that significant structures, associated with the previous use, have been demolished.


APPLICANT St Mary’s Indian Orthodox Cathedral Inc

ADDRESS OF LAND 576-578 Heatherton Road Clayton South

PLAN OF SUBDIVISION

REFERENCE

Lot 1 on TP401951V

PROPOSAL To use and develop the land for a place of worship and

associated car parking and to display two (2) business

identification signs

PLANNING OFFICER Tara Bryce


ZONE Clause 35.04 – Green Wedge Zone

OVERLAYS Clause 43.02 – Design and Development Overlay Sch.5

OBJECTIONS One (1) objection

CONSIDERED PLAN


19/7/2013

19/11/2013

ABORIGINAL CULTURAL


No



Trim: IC14/150 205

2.3 The existing dwelling has a front setback of 16.6m and side setbacks of 2.25 - 4.6m (east) and 29.6 - 42m (west). The dwelling has a maximum height of 7.4m taken to the ridgeline of the pitched roof.

2.4 The land has a slight fall to the rear of 1.61m over the 79m length of the site and has a sewerage easement (E-2) located within the south-east corner of the site with dimensions of 3.3m by 2.29m. The site benefits from two (2) access points along the Heatherton Road frontage at its east and west ends.

2.5 A street light exists to the front of the site, with power lines extending over the nature strip. 2.6 Importantly the site is located outside of the Urban Growth Boundary.


3.1 The use of the surrounding land is as varied as the land zoning, with land fill sites located

to the north of Heatherton Road, alongside open space including public parks and golf courses. Land to the south of Heatherton Road is generally used in accordance with the Green Wedge Zone, with plant nurseries and market gardens featuring. Land further east is zoned for industrial purposes, with more intense developments occurring within these areas. Dingley Bypass is proposed to be constructed parallel to Heatherton Road, with acquisition overlays affecting a number of land parcels to the south of Heatherton Road.


North (Opposite): Zoned Special Use Zone, Lot 1 Graham Road and 623-633 Heatherton Road comprise of Heatherton Park and Spring Valley Golf Club. To the east of the golf course is the Deals Road landfill site. Heatherton Road is identified as a Road Zone Category 1 and carries four lanes of traffic. South: No. 572 – 574 Heatherton Road is currently vacant and is zoned Green Wedge Zone (Sch. 2) with a diagonal strip zoned Urban Floodway Zone, associated with Dunlop’s Creek. Whilst the floodway zone appears to dissect the site, it appears that the creek runs along its east property boundary, travelling south. The land is also encumbered by the Public Acquisition Overlay (Sch. 1), associated with the future development of the east / west section of the Dingley Bypass. The site is also affected by the Design and Development Overlay (Sch. 5), being the aviation height control.

West: No. 550 -570 Heatherton Road is zoned Green Wedge Zone (Sch.2) and is currently occupied by an indoor plant nursery, with a single building occupying the large parcel of land (2.65 ha). The site is also affected by the Design and Development Overlay (Sch. 5). East: No. 580 Heatherton Road is zoned Industrial 1 Zone and has been developed for a series of warehouses, approved under Planning Permit No. KP369/10, issued on the 4th November 2011 for the development of the land for the construction of warehouses and the display of four (4) panel business identification signs, a reduction in the loading bay requirements and to create access to a road in a Road Zone Category 1. Built form associated with this development is constructed on the property boundary shared with the subject site for a length of 34.5m. Land further east of this development is used and developed for the headquarters of Jemena (service provider).



Trim: IC14/150 206

4.0 PROPOSAL

4.1 It is proposed to retain the existing buildings on the land, with the exception of the outbuilding to the south of the existing double storey dwelling, with the intent to use and develop the land for a place of worship. The place of worship is associated with the Indian Orthodox Church, with services proposed to occur on weekends.

4.2 The existing double storey dwelling is proposed to be retained for the purposes of the parsonage, providing accommodation for a member of the clergy. Internal re-arrangements of the building are proposed at ground floor to accommodate toilet facilities for worshippers within the rear of the ground floor footprint.

4.3 New built form on the land comprises predominantly of the chapel, to the rear of the

parsonage. The building comprises of two rectangular forms, the larger form being the church itself and the vestibule and entrance porch forming the smaller section. Small porches are also located to the north and south of the building.

4.4 The building has an overall height of 8.2m taken to the ridgeline of the gabled roof form of

the church. The vestibule and porch area has a maximum height of 5.8m to the ridgeline. 1.5m high religious crosses are proposed at the west end of the roof lines of the church and vestibule. Smaller crosses are proposed on the north and south porches also.

4.5 The chapel has a floor area of approximately 284m2, including the 24m2 associated with

the church entrance. The porch areas add an additional 37.72m2 of space, resulting in a total area of 321.72m2 of additional built form on the land.

4.6 Two (2) main parking areas are proposed on site, with thirteen (13) spaces provided within

the front setback and thirty-two (32) to the rear of the chapel. An additional two (2) accessible spaces are proposed directly north-west of the chapel, directly of the internal accessway.

4.7 The accessway extends along the west property boundary, benefitting from the existing

access point along the Heatherton Road crossover and continuing to provide access to No. 572-574 Heatherton Road. The second crossover at the east end is proposed to be closed and removed. The accessway is 6m in width, constructed in bitumen from its first 11m, with the remainder being gravel. The two (2) parking areas run perpendicular to the accessway, provided with 6.4m wide access to allow for vehicle manoeuvring.

4.8 Pedestrian pathways are proposed to provide access from the street frontage to the car

parking area, with an internal pathway running north / south from the west of the parsonage (under the existing portico) to the chapel. A paved pathway circles the chapel building.

4.9 Landscaped areas are nominated on the plan in the following areas:

4.3m wide buffer along the street frontage to the north of the car parking area;

To the north and south of the accessible parking spaces between the north and south car parks;

Within the centre of the site, to the west of the parsonage;

Small garden to the north and south of the vestibule; and

Smaller landscaping buffers (1m wide) around the periphery of the car parks. 4.10 A 1.2 metre high metal picket fence, with 150mm spacings is proposed to extend along the

sites frontage, with the exception of the driveway area, with a pedestrian gate provided at the eastern end.



Trim: IC14/150 207

4.11 The development achieves a site coverage of 12.93%. 4.12 It is expected that the maximum number of parishioner’s on the land would be 150, this

being in special religious occasions, with 105 parishioners typical of weekend services.

5.0 PLANNING PERMIT PROVISIONS – KINGSTON PLANNING SCHEME

Zone

5.1 Green Wedge Zone: Pursuant to Clause 35.04-1 a planning permit is required to use the land for a place of worship.

5.2 Pursuant to Clause 35.04-5 a planning permit is required to construct a building or construct or carry out works associated with a section 2 use of Clause 35.04-1. A permit is also triggered if the buildings or works are within 100m of a Road Zone Category 1 or land in a Public Acquisition Overlay to be acquired for a road, Category 1. Overlay

5.3 Design and Development Overlay (Sch. 5): Pursuant to Clause 43.02-2 a planning permit is required to construct a building or construct or carry out works. It is noted that the south-west corner of the site is affected by schedule 5 of the overlay, within which the car park is proposed to be constructed as the proposed works exceed a height of 25m AHD as nominated in Clause 2.0 of Schedule 5 to the Overlay. Particular Provisions

5.4 Advertising Signs: Clause 35.04-7 nominates advertising signs to be within Category 3 at Clause 52.05. In accordance with the requirements of Clause 52.05, a planning permit is required to display business identification signage within a designated high amenity area.

5.5 Car Parking: The table at Clause 52.06-5 outlines the numeric car parking requirements for

a place of assembly (which includes a place of worship) as follows:

0.3 spaces per patron permitted

5.6 The applicant has nominated that a maximum number of patrons on site at any one time would not exceed 150, with 105 being a more typical figure. Based on the higher figure, a total of 45 spaces are required.

5.7 Clause 52.06 also requires 2 spaces to be provided for a dwelling with three (3) or more

bedrooms. As the parsonage is provided with three bedrooms, an additional two (2) spaces would be required.

5.8 As the proposal meets the required forty-seven (47) spaces, a planning permit is not

required to reduce the car parking requirement.

5.9 Land Adjacent to a Road Zone, Category 1 or Public Acquisition Overlay for a Category 1 Road: Pursuant to Clause 52.29 of the Kingston Planning Scheme, a planning permit is not required as the western access is not sought to be altered. Whilst the eastern crossover is proposed to be removed, this is not deemed to be alteration of access.

5.10 Bicycle Facilities: Pursuant to the table at Clause 52.34-3 there is no bicycle parking requirement for this proposal as the place of worship does not achieve a floor area of 1500m2 or greater. Accordingly a planning permit is not required for any reduction of bicycle parking spaces or associated facilities.



Trim: IC14/150 208

5.11 Metropolitan Green Wedge Land: Clause 57 outlines specific uses which are prohibited

within areas outside of the Urban Growth Boundary. A Place of Worship is not deemed prohibited at Clause 57.01-1. The Clause is silent on buildings and works.

General Provisions

5.12 The Decision Guidelines of Clause 65 of the Kingston Planning Scheme are relevant to this

application and require consideration to be given to a variety of matters including planning scheme policies, the purpose of the zone, orderly planning and the impact on amenity.



Clause 11 Settlement Clause 12 Environmental and Landscape Values Clause 15 Built Environment and Heritage Clause 19 Infrastructure


Clause 21.03 Land Use Challenges for the New Millennium Clause 21.10 Non-Urban Areas Clause 22.04 South East Non-Urban Area Policy Clause 22.15 Outdoor Advertising Signage Policy

7.0 ADVERTISING

7.1 The proposal was advertised by sending notices to adjoining and opposite property owners and occupiers and by maintaining a notice on site for fourteen (14) days. One (1) objection(s) to the proposal was received, with two (2) supporting submissions also received. The valid grounds of objection raised are summarised as follows:

The development should be located within an urban area;

Overdevelopment of the site; and

Contravention of Local Planning Polices surrounding the Green Wedge and the Green Wedge Plan.

8.0 PLANNING CONSULTATION MEETING 8.1 In accordance with Council’s Planning Consultation Meeting Policy, no meeting was

required as one (1) objection was received. The objecting party was contacted on the 7th January 2014 to discuss their concerns in detail.


9.1 No amendments to the application made. 10.0 REFERRALS




Trim: IC14/150 209

Development Engineer: raised no objection to the application, subject to conditions included on any permit issued relating to the provision of suitably sized rainwater tanks and the provision of a Storm Water Management Plan and stormwater works which incorporate Water Sensitive Urban Design principles.

Vegetation Management Officer: raised no objection to the application, subject to conditions included on any permit issued relating to the planting of additional vegetation on the land, including the provision of nine (9) new canopy trees within the front setback and four (4) canopy trees within the central landscaping area.

In addition to the requirements of the Vegetation Management Officer, it is recommended that additional planting be provided on the land given the objectives and policies surrounding non-urban areas. It is considered that the development of new buildings and parking on the land must be balanced with the provision of suitable indigenous landscaping to ensure that the use and development sits comfortably in its context.

Roads and Drains Engineering: who raised no objection the proposal, however outlined requirements relating to the construction of crossovers, internal driveways and shared user path to the front of the site. Additional referrals were also recommended with regard to infrastructure within the road reserve including a power pole and Telstra pit.

Traffic and Transport: Advised that the statutory parking rate has been met and raised no objection provided that conditions were included on any permit issued requiring a cap on the number of patrons (150) and that no gate or fence is to be installed at the southern end of the accessway (south of proposed E-1).

Urban and Sustainable Design: Acknowledgements of the key commitments, including:

o Low VOC materials;

o Passive solar orientation;

o Energy efficient heating and cooling;

o Energy efficient hot water;

o Energy efficient lighting;

o Water efficient fixtures;

o 2 x 5,000L rainwater tank/s; and

o Sustainable timber specification.

Further recommendations were made to improve the sustainability of the development, including:

o Consideration of shading devices;

o Consideration of permeable paving and on-site water treatments options such as

swales and rain gardens;

o Utilisation of recycled bricks in construction (if appropriate);

o Provision of a STORM report to account for all impervious areas within the site;

and



Trim: IC14/150 210

o Ensure that the plans nominate all commitments identified with the submitted

SDA.

Green Wedge Project Officer: advised that the proposal supports the principles of Kingston’s Green Wedge Plan where it provides for local and regional services and facilities. Although the Green Wedge Plan does provide for other areas within the Green Wedge that may be more appropriate for a Church, the proposed location is considered to be suitable as the site is within proximity of existing residential areas and the future Dingley Bypass will provide for convenient access. In relation to the sought built form outcomes, the following comments and recommendations were made:

o The setbacks will maintain the spacious character

o The height of the new building is appropriate where only single storey built form

(albeit 8.2m to the ridgeline) is proposed and minimal increase in the preferred maximum height is proposed

o All ESD officer recommendations should be adhered to

o A permit condition should prohibit internally illuminated signage

o Vegetation should screen the development

City Strategy – Advised that the Green Wedge Plan recommends that a ‘Place of Worship’ should be located within areas identified as ‘Intensive Area’, however alos noted that the Plan also states that ‘Low Intensity Areas’ can accommodate low site coverage ‘community uses’.

Further the site is located on the edge of the non-urban area, with a direct interface with Industrial zoned land, with the proposal offering an opportunity to demarcate the boundary of urban and non-urban land. The siting and scale of the development is appropriate in light of the built form objectives nominated within Typology 4 of the Plan. When viewing broader policy content in the existing Local Planning Policy Framework it is apparent that the use of land for a Place of Worship (Church) is identified as a preferred use.


VicRoads: raised no objection to the application, subject to conditions included on any permit issued including:

1. Before the development starts, amended plans must be submitted to and approved by VicRoads and the Responsible Authority and will then form part of the permit. The plans must be drawn to scale with dimensions and must be generally in accordance with the plans submitted to Council on 19 July 2013 but modified to show:

a. The removal of the eastern access and the area reinstated (including. kerb and channel).

b. The western access widened at least 6m wide at the property boundary, and sealed for at least the first 12m within the property boundary.



Trim: IC14/150 211

2. Before the commencement of the permitted use, access in accordance with the approved plan must be constructed and the eastern access is closed to the satisfaction of the Responsible Authority.

3. If any traffic noise attenuation measures are required to protect the amenity of the building and its occupants it must be provided by the permit holder at no cost to VicRoads.

Department of Transport: did not provide a response to the proposal.

Moorabbin Airport Corporation: were notified pursuant to section 52 of the Planning and Environment Act, 1987 and did not provide Council with any comments on the proposal.



11.1 Clause 11 (Settlement) seeks to ensure that there is adequate land provision for land uses, balancing this with the protection of environmentally sensitive area, protecting our natural resources. At Clause 11.01-2 (Activity centre planning), the concentration of services and facilities are encouraged within planned activity centres, maximising accessibility. Further open space planning at Clause 11.03-1 (Open space planning) drives the provision of open space to meet the needs of the community and to conserve natural and cultural environments, in particular ensuring that land identified to complete open space links is transferred for such purposes.

11.2 At 11.04-5 (Melbourne’s urban growth), clear limits are to be set to urban development through the definition of the Urban Growth Boundary to:

Manage outward expansion;

Facilitate achievement of a compact city;

Protect non-urban areas; and

Ensure ready access to infrastructure in the key transport corridors.

11.3 The protection of Melbourne’s Green Wedges is detailed at Clause 11.04-6 (Green wedges), with the importance of strategic planning highlighted in regard to land management. Development is not excluded within the green wedge, however should be supported where it provides for environmental, economic and social benefits. The clause acknowledges the environmental values of the green wedge spaces and acknowledges the transport corridors that do any will in the future affect theses spaces.

11.4 The creation of new parks and open spaces to provide for open space linkages is supported through Clause 11.04-7 (Open space network in Metropolitan Melbourne).

11.5 Clause 12 (Environmental and Landscape Values) directs planning to have

consideration of environmental values of natural landscapes and ensure their ongoing protection. Protection of biodiversity including habitats for flora and fauna is considered a key objective within these natural landscapes.

11.6 The built form response to landscape and cultural context is discussed at Clause 15 (Built

Environment and Heritage). Urban Design principles at Clause 15.01-1 (Urban design) highlight the importance of new development is sensitively designed in within sensitive landscaped areas. Retention of vegetation, transport and access, and sustainable development are all areas within which urban design principles provide guidance for new development.



Trim: IC14/150 212

11.7 Ensuring the protection of Aboriginal Cultural Heritage is identified as a key objective at

Clause 15.03-2 (Aboriginal cultural heritage). It is important to note that the subject site is not located within an area identified as having Aboriginal cultural heritage significance.

11.8 The importance of the provision of both social and cultural infrastructure is highlighted at

Clause 19 (Infrastructure), with the distribution of such services and activities to be encouraged and supported within Activity Centres. In saying this at Clause 19.02-4 (Distribution of social and cultural facilities) it is encouraged to identify gaps in the provision of these services to ensure equal access. Local Planning Policy Framework

11.9 Key land issues facing the City of Kingston are identified at Clause 21.03 (Land Use Challenges for the New Millennium), with the sustainable management of non-urban areas identifying the pressures for urban development with this issue affecting:

Agriculture;

Extractive Industry;

Sandbelt Open Space Strategy;

Protection of the Non-Urban Interface; and

Transport Management. 11.10 Clause 21.10 (Non-Urban Areas) picks up on the significant challenges faced in

protecting the non-urban areas within a metropolitan municipality. The overview at Clause 21.10-1 identifies that Kingston’s Green Wedges not only accommodate traditional land uses (agriculture, extraction and open space), however are also spaces that protect the flight paths of Moorabbin Airport and provide a location for a range of urban related uses including religious, sporting and educational uses.

11.11 The development of park networks and improvement of the landscape character of the non-urban areas is encouraged within this policy, with the management of urban based uses within these areas an important policy to achieve improvements within the landscape. Objectives to balance in favour of the protection of non-urban areas, as relevant to this application are discusses at Clause 21.10-2 (Key Issues):

Support and maintain the green wedge concept. Activities in the non-urban areas must be consistent with, and contribute to, optimal long term planning solutions for the whole of the south-east metropolitan non-urban area;

Protect the use of high quality agricultural land for agricultural purposes;

To protect the economic and operational viability of key industries and infrastructure in the nonurban area including extractive industries, land filling and Moorabbin Airport aircraft activities;

To protect and enhance environmental values including wetlands, flora and fauna habitats, and drainage functions;

To ensure that use and development within the non-urban area does not compromise metropolitan urban growth strategies;

To manage the edge of the urban areas in a manner which ensures that the non-urban areas is both stable and enduring;

To protect and further develop the scenic and landscape values of non-urban areas; and

To provide for open space links and opportunities for recreation.

11.12 Strategies for implementation to uphold these objectives include:



Trim: IC14/150 213

Non-urban land will principally be protected from intrusion of urban areas

Continue to protect land within Kingston’s non-urban areas until such time as the long term future of these areas is identified through a structure planning process. Limited conversion of non-urban land may only be considered in the context of structure plans and where:

o Development is able to utilise existing urban infrastructure;

o Development will not restrict the continued operation or further development

of existing environmental, social or economic assets;

o Contributions are made by rezoned areas to the achievement of the green

wedge concept;

Support and protect areas of viable intensive agricultural activities from ad hoc intrusion and/or encroachment of urban/non-urban uses which prejudice their long term viability;

Protect the Moorabbin Airport flight paths and their immediate environs from development or use which may compromise the long term viability of the airport or prejudice its safety and efficiency;

Promote the further development of a non-urban landscape character, and encourage the use of indigenous plant species in all landscaping through the non-urban area;

Maintain the urban edge identified in the non-urban land use framework plan unless an alternative sustainable edge is identified through the structure planning process;

Ensure that all major development address the significant rural role and function of Kingston’s non-urban areas through their site layout, building design and landscape elements, particularly in the Heatherton area;

Ensure that the development within non-urban areas contributes to:

o The creation of north-south and east-west links, as identified in the non-

urban framework plan;

o The implementation and enhancement of the ‘Sandbelt Open Space

Strategy’; and

o Provision of regional recreational facilities for the enjoyment of the Kingston

and broader community in line with the Kingston Open Space Strategy (1998)

11.13 The extent of the south-east non-urban area is identified at Clause 22.04 (South East Non-Urban Area Policy) and included land within Casey, Frankston, Kingston and Greater Dandenong. All of these areas are recognised for the pressure placed on them by urban development and acknowledges that a regional approach is required to achieve sustainable land outcomes.

11.14 Like the Non-Urban Areas policy, Clause 22.04 seeks to promote a strategic approach to non-urban land use, with the protection of agricultural land and environmental values sought broadly across the municipalities. Open space links and landscape values are also sought to be created and improved across the areas.

11.15 Policy at Clause 22.04-3 (Policy) identifies that non-urban uses are preferred within non-

urban areas, however supports the following urban uses:

Agriculture, horticulture, extractive industries, land fill operations

Creation and enhancement of environmental features, including wetland systems



Trim: IC14/150 214

Public Open Space facilities including parks, sportfields, bicycle networks etc

Public utilities and major infrastructure facilities such as retarding basins and effluent treatment works

Low density institutional uses eg: schools, clubs, churches

11.16 Planning opportunities can be considered where they demonstrate that they are complementary to the achievement of the framework plan policies.

11.17 Direction for advertising signage can be found at Clause 22.15 (Outdoor Advertising Signage Policy), where business / institution communication must be balanced with the character and environments within which signs are to be displayed.

11.18 Across the municipality (as relevant to this application) it is policy to:

Encourage signage that respects the amenity of surrounding areas and uses;

Encourage signage which fits within architectural forms, is integrated with the architecture or is placed on blank wall surfaces;

Encourage wall of fascia signs to be directly applied to the building, and where projection occurs it should be minimal and vertically oriented;

Encourage signs to located on the land to which they relate;

Consider the type and number of signs in an area to ensure they are generally proportional to the intensity of commercial activity and the complexity of the built form of the area; and

Limit the impact of signs surrounding sensitive uses such as residential areas and public land.

11.19 With relation to Main Road areas, policy directs:

Discourage clutter of major promotional signage, pole signs, panel signs, freestanding and mobile signs, high wall signs and sky signs; and

Encourage a high level of visual amenity in areas adjacent to main roads to be maintained.

11.20 Non-urban areas policy acknowledges that a number of non-urban uses in Heatherton, Clayton and Dingley occupy these areas including landfills, market gardens, churches and nurseries. Amenity is of great consideration within these areas, with the rural environment and character to be protected through low impact signage. As relevant to this application, it is policy to:

Encourage landscaping around signs to soften their impact and appearance

Consider whether signs are sympathetic to the landscape character of the area

11.21 Policy then directs standards for advertising signage within the specific areas at Clause

22.15-4 (Performance Standards) when an application is being assessed. Council Policy - Green Wedge Plan

11.22 Section 60 1A (g) allows the Responsible Authority to consider ‘any other strategic plans, policy statement, code or guideline which has been adopted by a Minister, government department, public authority or municipal council’.



Trim: IC14/150 215

11.23 The Kingston Green Wedge Plan (the Plan) was adopted by Council on the 27th August 2012. The plan ‘identifies the values and features of the Green Wedge, the preferred land uses, environmental and natural resources that should be protected, and the needs of the local community. The Plan will stand alone, but is also intended to sit within the South East Green Wedge Management Plan when completed.’

11.24 The plan extends on the non-urban policies within the scheme seeking to improve the environmental qualities, achieve the ‘Chain of Parks’ concept, retaining an open semi-rural feel, and generally improving the appearance of the area. Sustainable and alternative transport modes are also encouraged within the Green Wedge, with improvements to sustain all modes of transport.

11.25 With regard to land use and activities, the Plan identifies a broad range of activities that

exist or are suited to a location within the green wedge. These include:

Passive open space

Recreational facilities

Agriculture

Urban forests

Environment parks

Energy generation facilities

Some semi-rural residential

School and tertiary campuses

Community and church facilities

Aviation activity

Some intensive land use along main roads

11.26 Guidance for built form is also detailed, with sensitive designs that strengthen the landscape character encouraged as well as sustainable design initiatives including water sensitive urban design (WSUD) to improve water quality and the quality of the watercourses.

11.27 Maps within the plan identify the various land uses, with the subject site earmarked partly for open space (page 44) and partly for low intensity uses (page 80) with its proximity to a watercourse (Dunlop’s Creek) providing some opportunity for the connectivity of watercourse for biodiversity.

11.28 Guidelines for development begin with streetscape design, with shared pathways to provide greater amenity and safety for cyclists and pedestrians. The development of the Dingley Bypass should also assist in improving the amenity of Heatherton Road through the reduction of traffic, with the acquisition overlay for the bypass encumbering the site directly south of the subject site.

11.29 At Section 7 (What buildings do we want?) of the plan the built form guidelines seek to reinstate a ‘green’ appearance, achieved by space around buildings and attention to the surroundings. In addition, siting and design of vegetation, fencing, car parking, signage and lighting must also be considered.

11.30 The map at page 136 of the plan identifies the typologies for preferred built form, with the subject site located within Typology 4, being the ‘Green Wedge Low Intensity’ development



Trim: IC14/150 216

area. Building and design standards that apply to the built form are very detailed and area are follows: 1. Buildings should be subordinate visually to the spacious, rural landscape. 2. Minimise building footprints and limit the overall presence of built form to enhance the

rural character and maintain a sense of openness. 3. Locate buildings and farming infrastructure such as sheds and machinery away from

roads and where possible, within existing clusters of buildings/structures. 4. Maintain wide spacing between groups/clusters of buildings. 5. Avoid development on any property boundary. 6. Limit building heights to a maximum of 8 metres (2 storeys) above natural ground

level. 7. Ensure development adopts best practice environmentally sustainable design and

development principles. 8. Ensure all buildings and structures are designed and oriented to utilise natural light

and ensure optimal thermal performance. 9. Avoid large areas of non-permeable surfaces including yards, driveways and car

parking areas. 10. Utilise materials, colours and finishes that best immerse built form within the rural

landscape (i.e. dark, natural colours, muted tones, matte finishes and non-reflective materials).

11. Bright, bold, extravagant colour schemes are to be avoided. 12. Use glazing and roofing materials of low reflectivity. 13. Minimise the size and extent of signage and advertising, particularly internally

illuminated signs. 14. Locate signage on the building where possible, so that it complements the

architecture. 15. Encourage the removal of environmental weeds and other exotic vegetation and their

replacement with appropriate native vegetation. 16. Minimise native vegetation removal in new development. 17. Avoid formal landscape design in the private realm (e.g. geometrically aligned /

spaced tree avenues or garden beds) and hard surfaces in landscaping. 18. Screen unsightly areas, large developments, or developments with an unavoidably

urban character or large amounts of hard surface, with large scale native trees and vegetation.

19. Avoid high/solid fencing, particularly along the road frontage. 20. Encourage the use of traditional fencing materials (e.g. timber, post and wire) or

transparent materials that allow a view to the property frontage. 21. Discourage the use of cyclone wire fencing where practicable. 22. Prioritise interior lighting systems that emit minimal light on the outdoor environment.

11.31 Within the governance and leadership model section of the Plan, it is noted that it is desirable to implement planning scheme controls to implement the objectives within the plan. It is noted that these changes have not yet been implemented within the scheme.

11.32 From the lengthy policy applicable to the land and the proposal, it is clear that the primary

intention for land within non-urban areas is to create and sustain open space for habitat, recreation and improved linkages. Traditional non-urban uses are also encouraged; however the constraints posed by the smaller land sizes within the Green Wedge area also threaten the viability of industries such as agriculture.

11.33 In saying this, policy at Clauses 11.04, 21.10 and 22.04 entertain institutional uses such as churches where their low density built form and use can sit comfortably within a landscape character and can provide a community benefit. The church location has a regional catchment, with the main road location and provision of permeable on site car parking providing good access to the site via Heatherton Road. Further, the requirements of



Trim: IC14/150 217

Councils Roads and Drains Department, for a shared user path along the street frontage should support further opportunities for alternatives transport and better connectivity within the area.

11.34 It is noted that the use of the land previously for a nursery, with large structures has limited

the biodiversity values of the land, with vegetation on the land being generally exotic, with other vegetation removed. Further the Ecological Evaluation undertaken by Biosis (to assist in the development of the Green Wedge Plan did not identify the site as being of significant value.

11.35 It is noted that Dunlop’s Creek to the east of the site presents some opportunity for open

space links as nominated within the Green Wedge Plan. By virtue of its location adjacent to the creek, the subject site is also noted as part of an open space link, however also within the Low Density Green Wedge area also. The achievement of open space linkages along both sides of the creek may be limited by the development to the north of the creek within the Industrial Zone, directly adjacent to the subject site. As such it may be more likely that linkages could be achieved along the eastern and southern bank of the creek in the future.

11.36 It is noted that the non-urban area also protects the aircraft flight paths associated with the

Moorabbin Airport, with the aviation height obstacle creating limitations and control over built form. It is noted that a small section of the car park to the rear of the site falls within the height obstacle area and due to the natural levels of the land (above 25m AHD) falls within the height obstacle control. It is considered that the construction and use of the land for a place of worship, an ancillary parsonage should not affect or be affected by the obstacle, where they are located outside of the aviation control area. This is discussed further within the Overlay section.

11.37 Within the green wedge plans, the site is nominated as being within Typology 4 – Low

Density Green Wedge for which section 11.30 describes the preferred built form in detail. The response of the proposed development is discussed within the Zoning provisions, in conjunction with the decision guidelines of the Green Wedge Zone.

11.38 It is noted that the application seeks to provide some vegetation on the land; however the

planting is not considered to be substantial. To uphold the principles of the non-urban landscaping character, it is recommended that further landscaping opportunities be introduced, which could be addressed by way of planning permit condition.

11.39 In accordance with the sustainable principles sought with the non-urban areas, the ESD

report details that the development provides for:

Northern orientation;

Cross-ventilation features with operable areas on opposite orientations;

Low VOC paints internally;

LED / compact florescent lighting;

Energy efficient gas hot water;

Cooling within one star of the best energy rating;

Rainwater used for irrigation (2 x 5000L tanks) and toilet flushing;

Sustainable timber; and

Water efficient fittings



Trim: IC14/150 218

11.40 As noted at Section 10.1, Council’s Urban and Sustainable Design Advisor has made recommendations to ensure that key commitments are implemented and clearly shown of the development plans.

11.41 The proposed signage within the development, for its context is considered reasonable, subject to conditions. The single sign at the road frontage, within the property boundaries has opportunity to be accompanied by softening vegetation. The signage on the northern elevation of the chapel should not dominate the landscape, with its visibility from the road limited by virtue of distance and the required landscaping.

Zoning Provisions - Green Wedge Zone

11.42 The primary purposes of the Green Wedge Zone relate to the landscape character of the non-urban area, with the agricultural, environmental, historic, recreational and tourism opportunities alongside resource values to be recognised, protected and conserved. Bio-diversity and amenity associated with landscaped and open areas are also features that are sought to be protected and enhanced.

11.43 Pursuant to the table at Clause 35.04-1 a planning permit is required to use the land for a place of worship. Importantly a place of worship is distinguished from a place of assembly at Clause 74 of the Planning Scheme, whereby activities are restricted to religious activities, with entertainment and broader activities excluded from the use.

11.44 In the policy discussion above, it has been deemed that the use of the land for a Place of

Worship is a reasonable use within a non-urban area. The siting of the land, directly between a main road (Heatherton Road) and the alignment for a significant arterial (Dingley Bypass), and also directly adjacent to built form within Industrial land provides reasonable context for an urban use within a non-urban area, where the site will benefit from accessibility, with its direct abuttals potentially limiting the impact upon which the site could contribute meaningfully to the open and recreational spaces sought within planning policy and the Kingston Green Wedge Plan. Further the site maintains a reasonable distance from any sites of ecological significance, for which great consideration of biodiversity should be undertaken.

1. 11.45 With relation to the built form and works proposed, it is considered that the retention of the

existing building will limit the visibility of the proposed place of worship to the rear. The proposed side and rear setbacks of 16.8m (west), 5.0m (east) and 21m (south) allow for the openness, desired within policy and plan, to be maintained despite the introduction of a new built form. The siting of the buildings creates distance from the vacant land to the west, clustering with the existing industrial built form to the east. As noted at Section 4.11 of this report, the site coverage of the built form is 12.93%, with new built form limited to 321.72m2 (including porches).

11.46 The utilisation of the front and rear setback areas for permeable car parking areas limits

the extent of hard surfacing as well as creating open spaces around the built form. The provision of substantial permeable spaces, including both the car park and the landscaped areas offers opportunity for on-site water treatment through the implementation of water sensitive urban design (WSUD) features within the landscape and the introduction of on-site water collection. To ensure longevity of the car parking areas, it is recommended that its construction, drainage and ongoing maintenance plans form part of a planning permit condition. This should also include methods of line marking and the like.

11.47 The built form itself extends 0.2m above the maximum preferred height set out within the

Plan, with the cross at the top of the Church (as distinct from its porches) adding an additional height. It is noted that the 8m height limit relates to two (2) storey built form, of



Trim: IC14/150 219

which no two (2) storey built form is proposed. In saying this, it can be recommended that the pitch of the roof be reduced to achieve a maximum building height of 8m, in accordance with the Green Wedge Plan, with the single cross considered to be a reasonable height intrusion given its singularity and limited scale. The colours adopted for the new church appear to be neutral in palette, complementary to the natural landscapes encouraged within the area.

11.48 It is noted that the existing building on the land appears to be slightly run down and may

have an adverse impact on the amenity of the area, particularly where viewable from the road. In conjunction with the new works, it is considered appropriate that repair works be undertaken to the parsonage to improve the visual amenity of a reasonably prominent built form.

11.49 The applicant has submitted with the application, a landscape plan that includes the

planting of new vegetation on the land. In accordance with the recommendations of Council’s Vegetation Officer and further, in keeping with policy and the green wedge plan, it is strongly recommended that the extent of vegetation on the land be increased to provide for new indigenous trees, shrubs and ground covers, to soften the visual impact of the built form, to support the landscape character of the area and to improve the interface with adjacent green wedge land earmarked for open space and low intensity green wedge uses.

11.50 The development seeks to introduce fencing at the front of the site, with metal pickets

spaces at 150mm with a height of 1.2m. Whilst this is not in keeping with traditional rural fencing, it is open in style and provides for good visual permeability from the site to the street. Further the introduction of new landscaping may further soften the distinction of the property boundary line.

11.51 ESD outcomes are discussed in detail at Section 11.39 with further recommendations to

improve the efficiency and sustainability of the development in its context.

Overlay Provisions - Design and Development Overlay – Schedule 5

11.52 As noted at Section 11.36, a small portion of the rear car park is located within the height obstacle control, with the natural ground level above 25m AHD, the point above which any buildings and works trigger a planning permit. Given the proposed works relate to the car park only, it is considered that the works will not affect the aircraft flight paths and operations of the Moorabbin Airport.

11.53 The airport was notified as part of the application, with no objection to the proposal submitted to Council. Particular Provisions - Advertising Signs

11.54 Further extending on the Outdoor Advertising Signage Policy, Clause 52.05 regulates signage to minimise visual clutter.

11.55 The proposal seeks to introduce two (2) new signs on the land with all existing Fernworld signage removed. The first sign is to be displayed at the site’s frontage, with an overall advertising area of 1.8m2 with dimensions of 1.2m by 1.5m. The sign as shown on the plans submitted by the applicant details the church, and the religious community to which it relates. Contact details and service times area shown.

11.56 Noting the site is located adjacent to a main road, it is important to note that the sign

should not impact upon visibility, being located within the site, central to the frontage, away



Trim: IC14/150 220

from any vehicle entrance point. The introduction of the sign, should not result in and vegetation removal, however should provide opportunities to replant around it.

11.57 A 1.0m clearance is to be provided under the sign, with a maximum height of 2.5 metres

achieved. The clearance under the sign is considered to be reasonable and should allow for vegetation underneath, softening the structure upon which the sign is to be displayed. In saying this, the overall height of the sign is considered to be substantial, and whilst tempered by its main road location, should be reduced in height. This can be achieved through the consolidation of the sign’s text to reduce the height of the sign to 2.2 metres. A condition to this effect is recommended to be included on any permit issued for the proposal.

11.58 Further to this, the text colours and signage colours do not appear to have considered of

the landscape context, and thus it is recommended that the blue colour is reconsidered. 11.59 The second sign is proposed to be displayed on the north elevation of the vestibule of the

church. The dimensions and colours of the signage is not currently shown on the plans, however scaling off the text shown, it appears that the signage would achieve an advertising area of 3.12m2, with dimensions of 800mm by 3.9m. Whilst this sign may seem large, it is located in excess of 45m from the street frontage and in isolation should not be out of place within the landscaped area.

11.60 To ensure this, the signage should be limited to the lettering placed on the building to limit

the area covered by the sign. Further to limit the dominance it is recommended that a 500mm setback from the edge of the vestibule face be provided at each end of the sign so that it does not extend the entire length of the façade. A permit condition should be included to clarify the materials, colours and dimensions, with a maximum allowable size.


12.1 The objector concerns have largely been addressed in the assessment above.

13.0 CONCLUSION:


13.2 Subject to the conditions recommended within this report, it is considered that the proposal will not have significant environmental impacts.

13.3 The proposed use and development is considered appropriate for the Site, subject to

conditions, as evidenced by:

Achievement a balance of the goals and objectives set out within State and Local Planning Policy;

Provision of a suitable low density, community service within a non-urban area;

Achievement of the preferred built form outcomes sought within the Kingston Green Wedge Plan;

The development achieves the open, landscaped character sought within the Green Wedge; and



Trim: IC14/150 221

The proposed use and development should not compromise the goals and objectives sought within the Green Wedge and Non-Urban areas.

Appendices

Appendix 1 - KP13/436 - 576 - 578 Heatherton Road Clayton South - Considered Plans (Trim No 14/11748)



4.6

KP13/436 - 576 - 578 HEATHERTON ROAD CLAYTON SOUTH

1 KP13/436 - 576 - 578 Heatherton Road Clayton South - Considered Plans ........................................................................ 225

Appendix 1 4.6 KP13/436 - 576 - 578 Heatherton Road Clayton South - KP13/436 - 576 - 578 Heatherton Road Clayton South - Considered Plans

225

KP13/436 - 576 - 578 Heatherton Road Clayton South - Considered Plans KP13/436 - 576 - 578 Heatherton Road Clayton South - Considered Plans


226


227


228


229

Trim: IC14/145 231

4.7 KP-287/2002 - Henry Street Landfill - Secondary Consent Amendment - Council Report (Feb) 4.7 KP-287/2002 - Henry Street Landfill - Secondary Consent Amendment - Council Report (Feb)


19 February 2014

Agenda Item No: 4.7

KP-287/2002 - HENRY STREET LANDFILL - SECONDARY CONSENT AMENDMENT - COUNCIL REPORT (FEB) Contact Officer: Stephen Iannarelli, Statutory Planner

Purpose of Report This report is for Council to consider Planning Application Henry Street Landfill (No. 101 - 157 Old Dandenong Road, Heatherton) – Planning Permit Application No. KP287/2002



Recommendation


That Council determine to support the Secondary Consent Amendment to Pre-Settlement Final

Contour Plans (inclusive of alterations to the retarding basins) Associated with the Existing Landfill

Henry Street Landfill (No. 101 - 157 Old Dandenong Road, Heatherton), that secondary consent is

issued by Council, that amended plans / documentation form part of the Permit and that previously

endorsed plans, where relevant, are superseded.



Trim: IC14/145 232

Henry Street Landfill - No. 101-157 Old Dandenong Road, HEATHERTON

Planning Permit Application No. KP-390/2013


APPLICATION No: KP-287/2002

LAND: Henry Street Landfill

No. 101-157 Old Dandenong Road, HEATHERTON

PLANNING OFFICER: Stephen Iannarelli

Plan of Subdivision / Title

Plan Reference

Lot 1 LP1510 Lot 1 TP164628 Lot 1 TP539205 Lot 1 TP739576 Lot 1 TP739579 Lot 1 TP739582 Lot 1 TP739583 Lot 1TP751879 Lot 1 TP752917 Lot 1 TP753168 Lot 1 P754095 Lot 1 TP755525 Lot 1 TP756085 Lot 1 TP943794 Lot 10 LP1510 Lot 2 LP1510 Lot 3 LP1510 Lot 5 LP1510 Lot 6 LP1510 Lot 7 LP1510 Lot 9 LP1510; and Lot 1 TP006246 (Formerly Bunnys Lane -closed road)

PROPOSAL: Amend pre-settlement (top of waste) final contour plans

(inclusive of alterations to the retarding basins) associated with

the existing landfill

PERMIT TRIGGER: N/A – Amendment under Secondary Consent Provisions

(Condition 1 of Planning Permit No. KP-287/2002)

EXISTING SITE CONDITIONS: The site comprises an existing landfill (Henry Street Landfill)

accessed via Henry Street.

APPLICANT: Transpacific Industries C/- The Planning Group

ZONE / OVERLAYS: Clause 37.01 - Special Use Zone – Schedule 2 – Earth and

Energy Resources Industry

Clause 45.01 - Public Acquisition Overlay

- PAO1 – Roads Corporation (Roads)

- PAO2 – Parks Victoria (Public Open Space)

DATE AMENDMENT RECEIVED

29th November, 2013

CONSIDERED PLAN REFERENCES/DATE RECEIVED

Pre-Settlement Top of Waste Plans Revision Plan Figure 2 - F002 (Rev 0) prepared by Golder Associates Dated 26 November, 2013 Received 29th November, 2013.

Preliminary Stormwater Management Plan prepared by Golder Associates Dated November, 2013 including:

- Pre-Settlement Top of Cap Contour Plan - Proposed Cap Concept Catchment Area Plans - Stormwater Drainage Plan - Stormwater Details - Typical Sections

Assessment of Waste Airspace Volumes prepared by Golder Associates dated 28 November, 2013 including:

- Cut Fill Assessment of pre-settlement Top of Waste Underside of Cap.

1.0



Trim: IC14/145 233

BACKGROUND:

1.1 An application has been received by Council’s City Development Department to amend

plans, under Secondary Consent Provisions, in association with Condition 2 of Planning

Permit KP-287/2002. Given the complexities of this application, Planning Officers have

sought independent legal advice from Council’s Solicitors, who confirmed that an

amendment under secondary consent provisions is an acceptable mechanism to be able

to consider the proposed amendment. Importantly, there is no scope for notification

(advertising) of any amendment application considered under Secondary Consent

Provisions.


2.1 The proposal can be summarised as follows: Pre-settlement Top of Waste Contour Plan:

Amendment to the endorsed final contour plans (top of waste) under Secondary Consent Provisions to allow for varied shaping of the land. Essentially this amendment seeks retrospective approval to:

o Legitimise areas of modest ‘overfilling’ activities (beyond the scope of the

previously endorsed plans) primarily within the central portion of the landfilling area;

o Reduce levels of proposed land filling activities (within the south-eastern portion

of the landfilling area) and ensure that the approved maximum landfill volumes are not exceeded; and

o Amend the Stormwater Management Plan (prepared by Golder Associates) to

ensure that the amended contours facilitate the effective management of stormwater flows both within the licensed landfill area and beyond the boundaries of the subject site.





Trim: IC14/145 234

3.2 The subject site is located on the western side of Old Dandenong Road, Heatherton. It is

irregular in shape and has a site area of approximately 72 hectares (ha). The site is

bounded by Old Dandenong Road to the east and north, Henry Street to the south and

Karkarook Park and Parkview industrial Estate to the West. The surrounding land is

relatively flat. Vehicle access to the site is via a crossover to Henry Street, on the south-

eastern corner of the subject site.

3.3 The site is occupied by the Henry Street Landfill - a solid inert landfill and includes multiple

landfill troughs / peaks representing filling activities within seven (7) landfill stages. A

number of retarding basins – to accommodate stormwater flows - are located either within

the subject site or abutting the eastern and western site property boundaries. The landfill

operator has indicated that landfilling activity has now been completed, with operations

now focused on site remediation and rehabilitation, subject to the necessary approvals.



Meeting the Principles, or Tests, of Secondary Consent

i) Transformation:

The altered plans do not make any change to the permitted land use which will remain a

solid inert landfill. The amendment seeks to alter endorsed (top of waste) pre-settlement

filling contours associated with the existing landfill, rather than amend the existing use per

se. Whilst it is acknowledged that the shaping of the land for landfilling purposes will

change from that shown on the endorsed plans, it is not considered that the

form/appearance of this land will be substantially altered so as to result in a fundamental

change to the approved layout and shape of the approved final contours. Accordingly, it is

considered that the nature and degree of all changes sought do not constitute a

‘transformation’ of the original proposal.

ii) Authorisation:

The proposed amendment(s) do not authorise something for which permission is either

required or given. The proposed amendment to the final contours do not seek additional

primary consent (i.e. planning permission) for a use and/or works that have not already

been considered during the original application. Given that this secondary consent is

retrospective, and that filling activities had ceased, the proposal does not seek any

additional works associated with land filling rather its seeks capping and rehabilitated in

accordance with the relevant EPA requirements.

iii) Consequence:

Visual impact / Visual Separation:

Overall, the proposed changes relate primarily to marginal increases to the volumes within

the northern and eastern peaks (with lower respective maximum heights), with some minor

height increases along the property boundaries. It is considered that the proposed changes

should not result in a vastly significant alteration to the appearance of the approved

landform. Relevant variations would be located towards the centre of the site and located a

considerable distance from any sensitive interfaces. Accordingly, the amended final

contours are generally reflective of the landform approved under the original permit and

would be inconsequential in regards to the purpose of the original planning controls.



Trim: IC14/145 235

Negligible Volume Increase

The proposed increase in airspace volume is considered to be negligible, at around 2% of

the overall volume for Stage 7 of the EPA licensed area (i.e. 16mm across the site) but

critically, the assessed volume is within the ‘margin of error’ of the aerial surveys used to

assess volume survey – Consequently there could be no net increase in landfilling volume

as a result of the proposed amendment.

Acceptable Gradients:

The proposed gradients across the subject site are in accordance with the requirements within the Landfill Best Practice Environmental Management (BPEM 2010) i.e. generally gentle, undulating slopes (rolling hills) across the majority of the site, and suitable for open space. Steeper’ gradients to the east and south of the eastern peak whilst not ideal would allow for an amended landform profile that no longer requires any more landfilling activities to take place on this site; does not require the operator to cut into existing capped landfill; transforms the use of the site from filling to site remediation; allows for efficient stormwater management within the site; and is considered to be acceptable by DEPI (Parks Victoria) for the future provision of public open space.

Planning Controls:

Overall, these alterations are considered to be of no consequence in relation to the purpose

of the planning controls under which the permit was granted - which allows for the provision

of a landfill use, and ultimately the acquisition of this land by the relevant authorities i.e.

DEPI / Parks Victoria and VicRoads) as both organisations did not object the proposed

amendments. Accordingly, it is considered that the proposed amendment does not prejudice

the acquisition of this land for either a road (in part, if required) or for the provision of passive

public open space and is inconsequential in terms of the overall purpose of the

aforementioned planning controls.

iv) Requirements:

A full review of the relevant Permit has been undertaken and it has been established that generally, the proposed amendments to the contour plans and updated Stormwater Management Plans generally conform with the requirements of various conditions on the permit relating to the use of the site and/or stormwater control. Accordingly, it is considered that the proposal complies with the rudiments of this secondary consent test.

Responses from Internal Departments / External Referral Authorities::

All internal and external referrals have not objected to the proposed amendment.

Council’s Infrastructure Department - have been working with the applicant’s consultant

for the last year to ensure that previous versions of final contour plans have been amended

(heights reduced, filling volumes reduced, gradients improved, retarding basins included etc)

to reduce potential visual impacts and ensure that the amended design meets Council’s

stormwater requirements. It is considered that the plans are ‘a significant improvement

…and that the principles outlined within the most recent Stormwater Management Plan are

supported’.

Environment Protection Authority - The EPA was notified of the application proposal and

has subsequently supported the proposed amended final contour plans. The proposed

maximum heights, relocated ‘peaks’ / retarding basins and the amended gradients are all



Trim: IC14/145 236

considered to be acceptable to the EPA, who also confirmed that these plans comply with

the obligations under BPEM (2010).

Department of Environment and Primary Industry and DEPI (on behalf of Parks Victoria) - have not objected to the amended final contours, and therefore Planning Officers consider that these contours should be able to meet any future open space requirements

VicRoads – have not objected and therefore the proposed alteration to the eastern retarding basin on land identified within PAO1 (and previously approved by VicRoads in this location) would not compromise the purpose of the PAO1 and should be supported.

5.0 CONCLUSION

5.1 Based on the above assessment against the relevant test established by the Tribunal, it is

considered that the proposed modifications to the endorsed plans are satisfactory, and

meet the tests of secondary consent.

1 PERMIT & APPLICATION BACKGROUND

1.1 An application has been received by Council’s City Development Department (The Department) to amend plans, under Secondary Consent Provisions (Secondary Consent), in association with Condition 2 of Planning Permit KP-287/2002 (The Permit).

1.2 Importantly, and given the complexities of this application, Planning Officers have sought independent legal advice from Council’s Solicitors, who confirmed that an amendment under secondary consent provisions is an acceptable mechanism to be able to consider the proposed amendment.

1.3 Planning Permit KP-287/2002 was issued on 19th September, 2003 and allows for:

‘The amendment of the final closure contours for the landfill on this site approved under KP97/645 dated 27th July, 1998’.

1.4 By way of background, the original Planning Permit (KP97/645) was issued on 27th January, 1998 ‘To develop and use this site for a solid inert waste land fill (private rubbish tip)’.

1.5 Planning Permit KP-287/2002 was not a permit issued at the direction of the Victorian Civil and Administrative Tribunal (The Tribunal) or a permit issued under Division 6 of the Planning and Environment Act 1987.

1.6 Plans were endorsed to form part of this permit on 19th September, 2003, at the time

Planning Permit KP-287/2002 was issued.

1.7 In 2002, Planning Permit KP287/2002 was required to be advertised. A total of four (4) objections were received by The Department. The relevant grounds of objection to the Permit application are expressed as follows:

Additional Stormwater flows to abutting properties.

The increased levels being inconsistent with surrounding area.

1.8 The proposed changes sought under this application do not undermine any agreement or offer put forward by the Permit Applicant during the consideration of the original proposal, as no offer was put forward by the permit applicant during the consideration of the application.



Trim: IC14/145 237

2 SITE & SURROUNDS

2.1 The subject site is located on the western side of Old Dandenong Road, Heatherton. It is irregular in shape and has a site area of approximately 72 hectares (ha). The site is bounded by Old Dandenong Road to the east and north, Henry Street to the south and Karkarook Park and Parkview industrial Estate to the West. The surrounding land is relatively flat.

2.2 Vehicle access to the site is via a crossover to Henry Street, on the south-eastern corner of the subject site.

2.3 The site is occupied by the Henry Street Landfill - a solid inert landfill and includes multiple

landfill troughs / peaks representing filling activities within seven (7) landfill stages. A number of retarding basins – to accommodate stormwater flows - are located either within the subject site or abutting the eastern and western site property boundaries. The landfill operator has indicated that landfilling activity has now been completed, with operations now focused on site remediation and rehabilitation, subject to the necessary approvals.

2.4 The landfill operates under:

Planning Permit KP97/645 (Amended) Issued 27th January, 1998;

Planning Permit KP02/287 Issued 19th September, 2003; and

Environmental Protection Authority (EPA) License ES 552.

2.5 The site is identified in The Metropolitan Waste and Resource Recovery Strategic Plan 2013 and anticipated to be completed in 2018. As outlined above, landfilling within the subject site has been completed earlier than anticipated.

3 TITLEPARTICULARS

3.1 A number of restrictions are listed on the Certificate of Title relating primarily to access.

Agreements AG714741590S

3.2 This Agreement required the land owner to grant access to Parks Victoria to allow for the installation, maintenance repair etc of assets and/or specialist equipment within the western boundary of the subject site.

3.3 The proposed application to amend final contours is not considered to result in any breach to this restriction.

4 PROPOSAL

4.1 This amendment is sought pursuant to Condition 1 of The Permit or as referred to by the Tribunal as “secondary” consent. The proposed amendments are summarised below.

Item No. Modification(s)

1 Amendment to final contour plans as follows: Pre-settlement Top of Waste Contour Plan: The proposal can be summarised as follows:

Alteration to the endorsed final contour plans (top of waste) to allow for a varied shaping of the land. Essentially this amendment seeks retrospective approval to:

o Firstly, legitimise areas of ‘overfilling’ activities (beyond the scope



Trim: IC14/145 238

of the previously endorsed plans) primarily within the central portion of the landfilling area;

o Secondly, reduce the levels of proposed land filling activities

(within the south-eastern portion of the landfilling area) and ensure that the approved maximum landfill volumes are not exceeded; and

o Thirdly, amend the Stormwater Management Plan (prepared by

Golder Associates) to ensure that the amended contours facilitate the effective management of stormwater flows both within the licensed landfill area and beyond the boundaries of the subject site.

Specifically, this amendment includes:

Provision of four (4)landfill ‘peaks’ located in the:

o south-east (Stage 5 of EPA License ES552);

o west (Stage 1 of EPA License ES552);

o north (Stage 6 of EPA License ES552) and

o north-eastern corners of the EPA landfill license area (stage 3 of

EPA License ES552) - in lieu of three (3) landfill peaks as shown on the endorsed plans.

Retention of Existing Retarding Basins:

Provision of one (1) additional retarding basin within the existing landfill licensed area – the south-eastern retarding basin.

Retention of the western retarding basin, eastern retarding basin and south-western retarding basin abutting the respective landfill license area boundaries.

‘Peaks’

The south eastern peak (Stage 5 of EPA License ES552) and western peak (Stage 1 of EPA License ES552) would be similar to the maximum heights as shown on the endorsed plans (i.e. 38m AHD and 51m AHD respectively).

The proposed gradients (i.e. inclines / declines) would also be similar to the endorsed plans in these locations, albeit there are some modest increased heights associated with the ‘lowest’ filling activities along the western landfilling license boundary (i.e.45m AHD in lieu of 40m AHD) and the northern landfilling license boundary (i.e. 45m AHD in lieu of 42m AHD)

The northern ‘peak’ would be slightly higher than the endorsed plans at 51m AHD in lieu of approximately 50m AHD on the endorsed plan and relocated slightly further north to that of the northern peak shown on the endorsed plans.

The provision of a new eastern ‘peak’ with a maximum height of 51m AHD (currently shown on the endorsed plans as a modest incline from



Trim: IC14/145 239

30m AHD to approximately 42m AHD) results in the most significant change.

Gradients / Level Changes

This area also includes significant level changes with grades (i.e. steep inclines and declines) approximately 1 in 5 (1:5.1) to 1 in 8 (1:8.2). These steep inclines are related solely to the eastern portion of the site and the resultant decline to the new south-eastern retarding basin. This portion of the site represents a small portion of the overall landfill license area.

New Retarding Basin

The provision of a new south-eastern retarding basin (located within Stage 7 of EPA License ES552).

Reduced Landfilling Activity / Reduced Maximum Heights

The provision of the new retarding basin– previously proposed to be filled (up to a maximum height of approximately 38m AHD) – ensures that filling activities have been reduced in order to ensure that the maximum contours in this location are lower than the endorsed plans (i.e. a maximum height of less than 34m AHD in lieu of the previously endorsed maximum height of 38M AHD in this location).

The reduction in filling activities in this location (Stage 7 of EPA License ES552) would offset the aforementioned increased heights and ensure that maximum landfill volume within the site would not increase.

Airspace Volume:

In this regard, the net remaining airspace within the EPA licensed areas is found to be 275,000m3 (based on the existing endorsed contour plans, lidar aerial surveys and Golder engineering plans confirming the construction of Stage 7C2 Cells 1&2) on 18th Feb, 2013).

The net increase in fill to the licensed area is considered to be + 7,400m3 in excess of the estimated airspace (February 2013), however, Golders indicate that this level (i.e. 16mm waste over the licensed area) would be well within the 150mm tolerance of the Lidar aerial topographic surveys used to undertake the survey. Consequently, the applicant indicates that the ‘perceived [increase in] airspace may not exist’.

Outside Licensed Landfill Boundary:

North western landfill component removed from landfilling activities (to reflect the current EPA waste licence boundary).



Trim: IC14/145 240

4.2 The landfill operators have acted on the Permit, and it has been identified that all landfilling within this site has ceased.

4.3 There have been no notable changes, since the issuing of the Permit, to the Site’s surrounds.

5 PLANNING CONTROLS

5.1 Zone:

The subject site is located within a Special Use Zone - Schedule 2 - Earth and Energy Resources Industry (SUZ2).

5.2 Overlays:

The site is also subject to the following overlays:

Public Acquisition Overlay – Schedule 1 – VicRoads– (POA1)

Public Acquisition Overlay – Schedule 2 - Parks Victoria – (POA2)

Design Development Overlay – Schedule 5 - Airport Obstacle Referral Height – Area 2 (DDO5)

6 PLANNING PERMIT REQUIREMENT(S) FOR ORIGINAL APPLICATION

6.1 Pursuant to the following Clauses under the Kingston Planning Scheme, a Planning Permit was required as follows:

Zone:

6.2 Pursuant to Clause 37.01-2 – Special Use Zone – Schedule 2 – Earth and Energy Resources Industry (SUZ2) – A solid inert landfill was identified as a Section 2 use – ‘Planning Permit required’.

6.3 Clause 37.01-4 – Special Use Zone – Schedule 2 - Earth and Energy Resources Industry (SUZ2) - To construct or carry out works in association with a Section 2 Use.

Overlay:

6.4 Clause 45.01-1 – Public Acquisition Overlay – Schedule 2 (PAO2) - To use the land for the purpose of a Section 2 use (in the zone) and to construct or carry out works in association with a Section 2 use.

6.5 Clause 43.02-2 – Design Development Overlay – Schedule 5 (DDO5) - To construct works in excess of 25m. As no buildings were proposed exceeding 25m in building height, therefore no planning permit was required under this Overlay.

6.6 Since the issuing of Permit, whilst there have been some minor alterations to the aforementioned planning controls (relating primarily to alterations to policy wording) the intent of the controls under Clause 31.01 – Special Use Zone, Clause 45.01 – Public Acquisition Overlay, and Clause 43.02 – Design and Development Overlay has remained generally similar since the original decision. Similarly, whilst wording in the Council’s Local Planning Policy Framework under Clause 21.10 – Non Urban Areas, Clause 22.03 – Sandbelt Open Space Project Policy, Clause 22.04 – South East Non Urban Area Policy has changes (in part) the purpose of these controls for this site remains the same i.e. to allow for the provision of appropriate, sensitive uses in this non-urban area and facilitate the provision of public open space in this location.



Trim: IC14/145 241

6.7 In any instance, Council is not obligated to undertake a full re-assessment of existing policy, nor is there any scope for Council to undertake a revised policy assessment under any secondary consent amendment. Rather, Council are required to re-assess any relevant policy controls if there have been significant changes to the planning policy context since the issuing of the original planning permit. In this instance, this has not been the case and therefore any consideration of this amendment application is required to be undertaken in relation to the defined Secondary Consent tests (outlined in Section 9 below).

7 REFERRAL ADVICE

7.1 The sought amendments to the endorsed plans, under the provisions of secondary consent, were informally referred (non-statutory) to the following internal departments and/or external authorities with their responses summarised below:

Council’s Infrastructure Department:-

Council’s Infrastructure Department indicated the following:-

Council’s Engineers (Infrastructure Department) have reviewed the applicant’s latest proposal to assess the impacts of proposed pre-settlement contours and compliance with stormwater drainage requirements and can advise as follows:

i) Following detailed discussions with the applicant’s consultant’s, the latest plans represent a significant improvement upon their earlier draft submissions.

ii) The principles outlined within the most recent Stormwater Management Plan are supported. Should the plans be endorsed, we would like to include a requirement for the applicant to submit drainage design plans showing details of all the structural elements including basin outlet pipe longitudinal sections, pits and associated construction management details to minimise erosion and silt loads discharging from the site. Details to be submitted for Council comments prior to commencing construction of these assets.

iii) The pre-settlement surface level contour plans generally satisfy Council’s desirable criteria with the exception of some small areas that are considered to be too steep. Addressing these areas would require the excavation of previously capped landfill which may not be appropriate. The current plans are considered to represent a good compromise given the circumstance of some areas being over filled compared to the original endorsed plans.

iv) It would be desirable for the site to be filled in a manner that would not compromise the future option to implement the’ chain of parks’ through this site including the alignment of shared paths. It would be appropriate to request a landscape master plan to allow further discussion on this opportunity.

External Authorities:

A summary of the response received from each external authority has been provided below

(with further discussion provided within Section 9 of this report).

Environment Protection Authority - who did not object to the proposed amendment, confirming that the proposed development complies with the requirements of EPA publication 788.1 Best Practice Environmental Management Siting, Design, operation and Rehabilitation of Landfills Date Dated September, 2010 (BPEM 2010).

Department of Environment and Primary Industry (on behalf of Parks Victoria) – who

did not object to the proposed amendment, albeit, sought confirmation that the proposed

contours would allow for the future provision of public open space in this location. DEPI also



Trim: IC14/145 242

sought the provision of a landscape master plan to ensure that future public open space

could be provided.

VicRoads – who did not object to the proposed amendment, confirming that the location of

the amended retarding basins design for the eastern retarding basin was considered to be

acceptable.

Melbourne Water – who have not responded to Council’s notification but, importantly, have

not objected to the proposed amendment. The operators have had ongoing discussions with

Melbourne Water (and Council’s Engineers) regarding location of the retarding basins

design for the last year. Given that Melbourne water have not responded (objected) is I

considered that there should be no detrimental impact to existing / proposed retarding

basins and/or anticipated stormwater flows within and beyond the subject site.

Importantly, it is noted that an amendment under Secondary Consent Provisions (under Condition 1 of planning permit KP287/2002) does not allow Council to formally request an amendment to the application pursuant to S.50A of the Planning and Environment Act 1987 nor does it allow for Council to request that additional conditions be included on the permit. Specifically, given that no statutory amended can be undertaken under Secondary Consent Provisions, S.47 - S.62 of the Act (i.e. outlining required assessment mechanisms for amendments applications) does not apply to a Secondary Consent amendment of this type.

Consequently, Council would not be able to request the aforementioned information as a condition on an amended permit, but could seek assurances from the permit applicant that the operator would adhere to these recommendations. In this instance, the permit applicant has confirmed that they are willing to provide Council with a letter of comfort confirming that the recommended Drainage Design Plans and Concept Landscape Masterplans would be provided to the satisfaction of the Responsible Authority.

8 CONSIDERATION

The Principles, or Tests, of Secondary Consent

The consideration of this amendment application is guided by previous Tribunal decisions.

The Tribunal have set out, on a number of occasions, the principles, or tests, of secondary

consent. A notable case worth drawing from is WestPoint Corporation PL v Moreland CC

(Red Dot) [2005] VCAT 1049. In summary, this case establishes four (4) principles for the

assessment of amending plans under Condition 2 (or equivalent condition) of a permit. The

principles raise a number of questions which are to be asked and answered in respect to the

sought amendments made under secondary consent.

8.1 Consequently, to classify as a secondary consent application, the amendments sought must

meet the following principles:

‘It [the proposed amendment] does not result in a transformation of the proposal.

It [the proposed amendment] does not authorise something for which primary

consent is required under the planning scheme.

It [the proposed amendment] is of no consequence having regard to the purpose of

the planning control under which the permit was granted.



Trim: IC14/145 243

It [the proposed amendment] is not contrary to a specific requirement (or condition of

the permit) as distinct from an authorisation within the permit, which itself cannot be

altered by consent’ [38].

8.2 One must note that ‘when deciding whether a use or development may be altered under a

secondary consent provision in a permit, the scale of the change is not relevant per se’ [38]. Therefore, provided the sought change meets the above tests, it need not be “minor” in nature to be considered and permitted under secondary consent.

9 ASSESSMENT

9.1 In responding to the above principles, the following assessment of the proposed amendment is offered:

1. It [the proposed amendment] does not result in a transformation of the proposal

Transformation: 9.2 The altered plans do not make any change to the permitted land use. Specifically, the

existing use of the land for a solid inert landfill will be retained. The proposed secondary consent amendment seeks to alter endorsed (top of waste) pre-settlement filling contours associated with the existing landfill, rather than amend the existing use per se. Whilst it is acknowledged that the shaping of the land for landfilling purposes will change from that shown on the endorsed plans, it is not considered that the form/appearance of this land will be substantially altered so as to result in a fundamental change to the approved layout and shape of the approved final contours.

9.3 Accordingly, it is considered that the nature and degree of all changes sought do not

constitute a ‘transformation’ of the original proposal.

2. It [the proposed amendment] does not authorise something for which primary

consent is required under the planning scheme.

9.4 The proposed amendment(s) do not authorise something for which permission is either

required or given in response to an application for a permit in accordance with the provisions of The Act and the Kingston Planning Scheme.

Primary Consent: 9.5 Specifically, the proposal does not seek to amend the use of the land, whereby the existing

landfill would remain within the subject site. Filling activity has now ceased and therefore all site operations are now focusing on site rehabilitation and site remediation rather than filling. The proposed amendment to the final contours would not seek additional primary consent for a use and/or works that have not already been considered during the consideration of the original application. Furthermore, given that this secondary consent is retrospective, and that filling activities had ceased, the proposal does not seek any additional works associated with filling at the existing landfill cells. Rather, the existing cells will now be capped (where not already undertaken) and rehabilitated in accordance with the requirements of any subsequent EPA capping / rehabilitation requirements and/or amended EPA license.

9.6 Accordingly, no additional primary consent is required to undertake the proposed works to amend the shape of the final contours.

3. It [the proposed amendment] is of no consequence having regard to the purpose

of the planning control under which the permit was granted.



Trim: IC14/145 244

9.7 The proposed changes are considered to be inconsequential to the overall use of the site for the purpose of a landfill as:

The proposed works generally accord with the overall intent of the endorsed plans

– the shaping of the land to allow for various ‘filled’ landforms across the site to a

maximum height of 52m AHD (now proposed to be 51m AHD); and

The proposed works do not conflict with any of the controls that led to the need for

a permit in the first instance and they do not require separate assessment against

policy contained within the Kingston Planning Scheme.

9.8 In order to provide further clarity regarding the suitability of the proposed secondary consent application in meeting the aforementioned test/consideration it is important to consider the following:

i) What variations are proposed to the Maximum Height and is this considered to be

acceptable?

ii) What variations to the final landfilling volume is proposed and is this considered to

be acceptable?

iii) What alterations are proposed to the Stormwater Management and are these

considered to be acceptable?

iv) What variations to gradients / levels (i.e. inclines / declines) are proposed and are

these considered to be acceptable?

i) What variations are proposed to the Maximum Height and is this considered to

be acceptable?

9.9 In terms of the overall height, the shape of the final pre-settlement landfill contours contains some modifications beyond the scope of the parameters set in the endorsed plans (resulting from modest historic overfilling within the subject site).

9.10 Overall, whilst the shape of the proposed final contours varies, the overall form and scale of the proposed landform is considered to be generally in keeping with that approved under the original planning permit. The proposed amendment is therefore considered to be generally reflective of the endorsed plans and inconsequential in regards to the purpose of the original planning controls.

Visual impact - Landfill Shape (varied in part):

9.11 The overall shape of the proposed final contours changes (in part) from that of the approved landform - which comprises 3-peaks (in the north, west and south-east of the subject site), retarding basins (in the east, west and south-west) and undulating inclines / declines graded around 1:20.

9.12 This is compared to the proposed overall landform which includes 4-peaks - in the north (relocated), north-east (new), south-east (similar location) and west (similar location).

Higher Maximum Height:



Trim: IC14/145 245

9.13 The northern peak: The northern peak has been relocated marginally to the north, with a modest (1m) increase in the maximum overall height – from 50m AHD (endorsed) to 51m AHD (proposed).

9.14 The eastern peak: A new peak in the eastern portion of the landfill has been proposed with a maximum height of 51m AHD (proposed), previously shown as a modest incline from 30m AHD to approximately 42m AHD (endorsed). This is the most significant change.

9.15 Western, northern and eastern boundaries: There are minor increases in the maximum heights associated with the ‘lowest filling activities’ along the western, northern and eastern boundaries of the licensed area from approximately 40mAHD to 45mAHD (western boundary), 42m to 45m AHD (northern) and 30m AHD to 36m AHD (eastern).

Similar Maximum Height and Shape:

9.16 The south-eastern peak: This peak remains the same in terms of height and shape with a maximum height of 38m AHD.

Reduced Maximum Height and Similar Shape:

9.17 The south-eastern retarding basin: The provision of a new south-eastern retarding basin is proposed – which was previously proposed to be filled – which substantially reduces the proposed filling activity in this part of the landfill. This ensures that the maximum height is approximately 30m AHD (proposed) as opposed to a maximum height of approximately 38m AHD (endorsed).

9.18 This is proposed to counteract the increased height and volume associated with the northern peak and would ensure that the volume across the landfill is not increased.

9.19 The western peak: The maximum height of the proposed western peak has been reduced from 52m AHD (endorsed) to 51m AHD (proposed), with similar shape / form to that approved under the original permit. This should marginally reduce the impact of this peak, when viewed from the western interface.

Assessment – Visual Impact / Landfill Shape:

Central Location & Visual Separation: Overall, the proposed changes would

result in a variation to the landform across the overall site area, relating primarily to

marginal increases to the volumes within the northern and eastern peaks, with

some minor height increases along the property boundaries. The most significant

variations would be located towards the centre of the site. The extensive nature of

the site (i.e. approximately 72ha) ensures that these peaks would be located a

considerable distance from any sensitive (residential) interfaces which are located

in excess of 600m to the south or 400m to the north-east, across the approved

Dingley Bypass.

Lower Maximum Heights: Importantly, the maximum heights of the proposed final

contours are lower than the maximum height of the approved final contours (as

shown on the endorsed plans). This should ensure that the amended peaks are

less visible from the surrounding area.

Similar Overall landform Shape: It is considered that the proposed changes

should not result in vastly significant alterations to the approved landform to the



Trim: IC14/145 246

extent that they could be easily distinguished from the approved landform.

Accordingly, the amended final contours are considered to be generally reflective of

the landform approved under the original permit. Any noticeable differences would

generally be located towards the centre of the site, and should not result in

unreasonable visual impact to the local area – or measurably identifiable from the

form / scale of the approved landform.

Bunds: In addition, the existing bunds along the licensed landfill areas would be

retained allowing for the preservation of visual screening and landscaping along

respective site interfaces.

Inconsequential: It is therefore considered that the proposal final contours would

be inconsequential given that the appearance of the proposed landform when

viewed from the surrounding area should remain largely similar to that found on the

endorsed plans.

Planning Controls: Overall, these alterations are considered to be of no

consequence in relation to the purpose of the planning controls under which the

permit was granted - which allows for the provision of this use, and ultimately the

acquisition of this land by the relevant authority – i.e. DEPI (on behalf of Parks

Victoria) and VicRoads as both organisations did not object the proposed

amendments. Accordingly, it is considered that the proposed amendment does not

prejudice the acquisition of this land for either a road (in part, if required) or for the

provision of passive public open space.

ii) What variations to the final landfilling volume is proposed and is this


Cut / Fill Analysis

9.20 A Cut to Fill Analysis was prepared by Golder Associates on behalf of the permit applicant on 26th November, 2013 and 29th November, 2013 to assess the cutting / filling required to revise the Draft Top of Waste Design Contours (27th August, 2013) to form the proposed Pre-settlement Top of Waste design contours. A summary of the findings of this report are as follows:

Figure 1 (Cut Fill Assessment of Pre-settlement Top of Waste Underside of Cap)

presents the cut fill analysis which shows considerable depth of cut would be

required to August, 2013 waste surface to achieve the Draft Pre-Settlement Top of

Waste Contours.

9.21 These contour plans represented one of multiple versions of amended final top of waste contour plans that the permit applicant and Council’s engineers have been reviewing over the last year.



Trim: IC14/145 247

9.22 Figure 1 (above) shows considerable cut (in red), particularly along the eastern landfill ridge for Stage 3 Cell 1 and Cell2 of the EPA license, with cut levels up to approximately 6m.

9.23 In light of this, the assessment then sought to assess suitable alternatives to this approach, which would have essentially required extensive cuts into existing capped landfill as outlined:

Transpacific have requested that Golder investigate the possibility of revising a

proposed landfill cap ridge towards the east of the landfill to limit the depth and

extent of the cut shown on figure 1.

9.24 To this extent, Golder prepared an updated Pre-Settlement Top of Waste Plan (Figure 2 below) which indicates:

The Pre-settlement Top of Waste Design Contours presented in Figure 2 have

been prepared to comply with EPA publication 788.1 Best Practice

Environmental Management Siting, Design, operation and Rehabilitation of

Landfills Date Dated September, 2010 (BPEM 2010).

Figure 2 shows that relocating the ridge towards the east would result in

steepening the cap profile to approximately 5H:1V towards the east.

The ridge height is 51mAHD which coincides with the maximum permissible top of

wast elevation previously advised by Transpacific.



Trim: IC14/145 248

9.25 As identified previously, this plan results in a ‘steepening’ of the ridge gradient on the eastern side of the landfill (Stage 3 Cells 1 and 2 of EPA license ES 552) to around 1:5 with maximum height replicating that of the endorsed pre-settlement final contour plans. (Refer to Section 9 of this report for discussion on acceptability of the amended gradient).

9.26 Accordingly, an assessment of the amended Cut/Fill proposed as part of the amended pre-settlement final contour plan has been identified within Figure 3 (below). It was identified by Golder that:

Figure 3 shows a reduction in the cut requirements of the August 2013 surface

wast surface to achieve the Revised Pre-Settlement Top of Wast Contour surface.



Trim: IC14/145 249

9.27 The reduction in the proposed cut is supported by Planning Officers as the level of cut would reduce considerably from approximately 6m to generally between 1 – 1.5m (with some exceptions (up to 3.47m). It has been acknowledged that this arrangement would avoid any potential cutting into filled material, an option which is unreservedly supported by Planning Officers.

9.28 Finally, Cross-Sectional representations of the proposed pre-settlement Final Contours against the existing surface level were provided (Figure 4 below).

9.29 It is evident that the proposed top of waste extends beyond the natural surface level – which is generally consistent with the extent of the maximum filling level within the north- eastern peak endorsed plans (i.e. exceeding these plans by approximately 1m, albeit relocating the peak towards the eastern landfill license boundary).

Landfill Airspace Assessment (Volume m3)

9.30 An Assessment of Waste Airspace Volumes to support the amended final contours was prepared by Golder Associate on 28th November, 2013 seeking to assess the remaining airspace within the EPA licensed boundary (EPA License ES 552) by comparing 3-d surfaces using AutoCad modelling software.

9.31 Critically, the assessment was based on:

Endorsed Pre-Settlement Landfill Cap Contour Plan (endorsed under KP287/2002

issued 19th September, 2003);

Landair Survey Date (17th May, 2012) – noting the operator has confirmed that no

waste acceptance has occurred on the site between 4 July 2012 and 18th Feb

2013.

Aecom Construction Drawing for Stage 7C Cell 1&2.

9.32 The findings of this report (summarised below in Table 2 within the Waste Airspace Volumes Assessment) indicated that:



Trim: IC14/145 250

The Net remaining waste airspace within the EPA-licensed site boundary at 18th

Feb 2013 (based on information presented in section 1 of this correspondence) is:

o Waste Airspace Estimate: 275 000m3

The insitu waste volume in Stage 7C Cell 1 as advised by Transpacific is 230

000m3 combined with the volume of Stage 7C delimited by transpacific at 52,400m3

results in a total estimated airspace estimate of 282 400m3.

Consequently, the difference between the estimated airspace based on

Transpacific (the operator’s) estimated volumes and the calculation using the

abovementioned sources, was found to be -7,400m3.

It was identified that this increase represented an increase of approximately 16mm

waste thickness across the licensed landfill area.

9.33 Furthermore, it was identified that:

o ..‘the tolerances of the Lidar topographical surveys at most landfill sites is

generally +-150mm and Golder considers the net waste airspace of 7,400m3 is

less than the survey tolerance of the data used to estimate the airspace.

Hence, the perceived airspace may not exist’.

9.34 Consequently, it is considered to be acceptable for the following reasons:

Negligible Increase (if applicable): The proposed increase in airspace volume is

considered to be negligible, at around 2% of the overall volume for Stage 7 of the EPA

licensed area and has been identified by and would represent a modest increase in

height of approximately 16mm across the licensed landfill area.

Within margin of error: Nevertheless, and as identified above, the tolerances /

accuracy (i.e. margin of error) of the topographical aerial surveys used to identify

capacity would be greater than the anticipated variation in airspace. As a result, it

cannot be confirmed if the anticipated increase in airspace has taken place.

No change to landfill airspace volume (m3): Specifically, the volumes associated

with the proposed amended final contour plans could be the same or less than the

original airspace capacity found within the endorsed plans. (This stems largely from the



Trim: IC14/145 251

reduction in the amended final contour heights and filling volumes within Stage 7 of the

EPA licensed area and the provision of a new south-eastern retarding basin in

(previously shown to be filled.).

The amended final contour plans are therefore considered to be generally in

accordance with the endorsed final contour plans in relation to airspace capacity

and should not result in consequential change having regard to the purpose of

the original planning controls.

iii) What alterations are proposed to the Stormwater Management and are these



9.35 Council’s Infrastructure Department have reviewed the applicant’s latest proposal to assess the impacts of proposed pre-settlement contours and compliance with stormwater drainage requirements and generally support the proposed amendments.

9.36 In this regard, Council’s Infrastructure department indicated that:

‘…The latest plans represent a significant improvement on earlier draft submissions… following details discussions with the applicant’s consultants’.

9.37 Importantly, Council’s Infrastructure Department have been working with the applicant’s consultant for the last year to ensure vastly improved concept final contour plans – reducing maximum heights and ensuring that stormwater flows meet Council’s Infrastructure Department’s requirement. This has required the provision of multiple drainage plans, flow assessment, staging plans, retarding basin designs etc, cut/ fill analysis and a Stormwater Management Plan that outlines how stormwater flows will be addressed within the subject site.

9.38 Following the culmination of this process, the secondary consent application has been submitted. Consequently, many of the issues originally identified in the concept plans have been addressed. Accordingly, consideration of the adequacy of the stormwater control within the site must consider the follows critical issues:

i) The acceptability of the proposed Stormwater Management Plan. ii) The acceptability of the proposed variation to the gradients / level changes (i.e.

inclines / declines).

9.39 In regards to the first issue, Council’s Infrastructure Department identified that:

‘The principles outlined within the most recent Stormwater Management Plan are supported’.

9.40 Consequently, it is considered that the proposed amendment would not result in any unreasonable impact to stormwater management and that the fundamental changes to the anticipated drainage design within the site (including the provision of additional and amended retarding basins) would result in effective stormwater management within the subject site and the immediate area. Consequently, the proposed Stormwater Management Plan is considered to be acceptable and should be endorsed to form part of any secondary consent amendment.

9.41 Accordingly, it is considered that the proposed amendment, whilst significantly changing the proposed drainage design across the majority of the subject site, is of no consequence in



Trim: IC14/145 252

respect to the purpose of the planning controls of the original application proposal. Updated drainage and engineering plans confirm that stormwater is managed sufficiently in order to retain efficient control of stormwater from the site and minimise any unreasonable water transfer to abutting sites.

9.42 In terms of pre-settlement surface contour plans, Council’s Infrastructure Department identified that:

o ‘The pre-settlement surface level contour plans generally satisfy Council’s desirable

criteria...’

9.43 In this regard Melbourne Water have not responded (objected) to Council’s notification regarding the proposed development.

9.44 Importantly, the landfill operator has been undertaking ongoing discussions with Melbourne Water for the last year, seeking to ensure that the location and volume associated with the amended retarding basins met Melbourne Water’s requirements. In this instance, given that Melbourne Water have offered no response (objection) to the proposed amended final landfill contours and amended retarding basin design it is considered that the proposed amendment should meet Melbourne Water’s requirement, and should be supported.

9.45 As outlined above, Council’s Infrastructure Department have recommended a commitment from the permit applicant requiring the applicant to submit:

o ‘drainage design plans showing details of all the structural elements including basin

outlet pipe longitudinal sections, pits and associated construction management details to minimise erosion and silt loads discharging from the site’.

9.46 Furthermore Council’s Infrastructure Department identified that:

o It would be desirable for the site to be filled in a manner than would not compromise

the future option to implement the’ chain of parks’ through this site including the alignment of shared paths. It would be appropriate to request a landscape master plan to allow further discussion on this opportunity.

9.47 Whilst outside the scope of this application, the permit applicant has consented to the provision of the aforementioned material in order to confirm the acceptability of the detailed drainage design and Landscape Masterplan features if the application were to be approved and the proposed final contour plans were to be endorsed.

9.48 This arrangement is considered to meet Council’s Infrastructure Department’s requirements with no response (objection) from Melbourne Water as the overarching external authority controlling water / drainage within the Municipality. Accordingly, the proposal is considered to have no consequence in regards to the purpose of the original planning controls.

iv) What variations to gradients / levels (i.e. inclines / declines) are proposed and

are these considered to be acceptable?

9.49 In relation to the proposed gradients, the aforementioned consent from Council’s Infrastructure Department is caveated with the following statement:

‘…with the exception of some small areas that are considered to be too steep. Addressing these areas would require the excavation of previously capped landfill which may not be appropriate. The current plans are considered to represent a good compromise given the circumstance of some areas being over filled compared to the original endorsed plans’.

9.50 Consequently, it is noted that modest changes to the proposed landform, whilst being generally reflective and of a similar scale to the endorsed final contours, would result in material changes to the proposed gradients between the new eastern peak and the new south-eastern retarding basin (a gradient of 1: 12.4 - vertical: horizontal) and the eastern licensed landfill area - to the east (a gradient of 1: 5.1 - vertical: horizontal).



Trim: IC14/145 253

9.51 Therefore, whilst operating beyond the scope of the endorsed plan is not supported by Council Planning Officers, Council is now required to make a decision as to the appropriateness of the proposed amend contours, to reflect current on-site arrangements, and minimal impacts / movement to the existing capped fill material. This could ultimately finalise all landfilling activity within this site and ensure that the site is transitioned towards site rehabilitation, in accordance with the relevant EPA approvals / requirements.

9.52 Ultimately, if this application did not seek consent for retrospective filling activity, and related solely to the provision of new landfill activity, Council’s Engineers may have been able to dictate an alternative design outcome that reduced peak heights and/or avoid the steep gradients to the east and south the eastern peak. However, it has been identified by Council’s Infrastructure department that the application proposal is the most appropriate / acceptable outcome that can be achieved for Council without the need to excavate and/or cut into capped landfill, and is a profound improvement earlier concept final contour and drainage plans.

9.53 It has also been identified that should Council seek alterations to the existing capped landfill to reduce the heights and/or reduce the aforementioned ‘steep’ gradients – to be more reflective of the original endorsed plans – is likely to be unachievable given that these deviations (from the endorsed plans) largely comprise capped landfill cells, some of which have been capped for a number of years. Removing / cutting into these caps to facilitate the removal of waste and ultimately reduce heights and/or provide ‘gentler’ slopes would result in incomprehensible off-site amenity impacts. Specifically, fundamental concerns were initially expressed by the EPA during early pre-application discussions regarding this approach as it was considered that this outcome would result in unfathomable amenity impacts to the surrounding area relating, in particular, to unsanitary odours and potential waste spillage beyond the boundaries of the site.

Gradients:

9.54 Planning Officers consider that the proposed gradients over the subject site are generally in accordance with the 1:20 requirements within the Landfill Best Practice Environmental Management (BPEM 2010) notwithstanding the aforementioned steep gradients to the east. The proposed ‘steeper’ gradients to the east and south of the eastern peak are not generally advocated, however, the applicant has demonstrated on the cut/fill analysis that a considerable amount of cleanfill has/will be brought in to ensure that the highest gradients achievable (i.e. gentlest slopes) are provided in this location. Furthermore, this feature represents a small portion of the overall site area and the proposed amendment generally includes gentle, undulating slopes (i.e. rolling hills) across the majority of the site which are considered to be suitable for passive open space, following the acquisition of this land by DEPI (Parks Victoria). Additionally, suitable separation is likely to be able to prohibit public access from areas with ‘steeper’ gradients, excluding these areas from any public open space provision should they be deemed to be unsafe by future park operators (i.e DEPI / Parks Victoria).

9.55 Ultimately, it is considered that the provision of these ‘steep’ slopes, whilst not idea, would allow for an amended landform profile that no longer requires any more landfilling activities to take place on this site; transforms the use of the site from filling to site remediation; allows for efficient stormwater management within the site; and is considered to be acceptable by DEPI (Parks Victoria) for the future provision of public open space.

9.56 It is therefore considered that these gradients and the amended final contours plans are acceptable and that the proposed amendments are inconsequential to the purpose of the original planning controls. Accordingly, the amended contour plans are supported and should be endorsed to form part of this permit.



Trim: IC14/145 254

Do the External Referral Authorities support the proposed amendment?

Environmental Protection Authority

9.57 Senior Officers at the Environmental Protection Agency have been involved in ongoing pre-application discussions with the landfill operators, their consultants and Council’s Infrastructure Department seeking to ensure that any amendment met relevant EPA’s obligations – including BPEM 2010 requirements.

9.58 Accordingly, multiple versions of the amended final landfill contours have been submitted to the EPA and Council’s Infrastructure Department, with subsequent recommendations being incorporated into successive plans.

9.59 The lodged plans represent the culmination of various recommendations from EPA and Council Engineers to address any applicable concerns.

9.60 As a result, the EPA were notified of the application proposal and have subsequently no objected to the proposed amended final contour plans. The proposed maximum heights, relocated ‘peaks’ / retarding basins and the amended gradients are all considered to be acceptable to the EPA, who also confirmed that these plans comply with the obligations under BPEM (2010) and can therefore be supported.

9.61 As a result, it is considered that the amended final contour plans are considered to be acceptable and should be endorsed to form part of the permit.

9.62 In any instance, the remediation of the site and the landfilling capping design is controlled by the EPA which would require separate EPA approval.

Department of Primary Industries (DEPI) on behalf of Parks Victoria

9.63 The site is subject to the Public Acquisition Overlay Schedule 2 (PAO2). The purpose of the Public Acquisition Overlay seeks to identify and reserve land which is proposed to be acquired for a public purpose to ensure that changes to the use or development of the land do not prejudice the purpose for which the land is to be acquired. In this instance, PAO2 seeks to ensure that this site is developed in in an acceptable manner that would allow for the provision of a public park, to meet the requirements of Parks Victoria.

9.64 Detailed discussions have been undertaken with the permit applicant and Parks Victoria (and DEPI on behalf of Parks Victoria) to confirm that the amended final contours would be acceptable and would not prejudice the future use of this site for a public park.

9.65 Parks Victoria were notified of this secondary consent amendment, and identified that:

o Whilst the department does not object to the proposal, Council should seek assurances

that the proposed finished contours and fill levels will provide for the proposed end use as accessible open space parkland suitable for landscaping, trail development (including accessibility for persons with limited mobility) and park management (e.g. finished slopes provide for safe mowing). It is desirable that a concept landscape plan is developed for review by DEPI and Parks Victoria.

9.66 Updated correspondence received 21st January, 2014 from DEPI (on behalf of Parks Victoria) acknowledged that the application was not a statutory referral under S57C of the Planning and Environment Act 1987 but that the recommendations outlined above were retained and encouraged to be sought by Council.



Trim: IC14/145 255

9.67 In this circumstance, given the scope of a secondary consent amendment, it is critical to note that Planning Officers cannot include any additional conditions on permit amended under these provisions. Consequently, re-assurances from DEPI - that the amended final contours would be able to accommodate accessible open space - are strongly encouraged, however, it was anticipated that DEPI and/or Parks Victoria would be able to provide Council Planning Officers with such assurances. Specifically, Planning Officers are not expressly aware of Parks Victoria‘s future requirements / commitments for the provision of open space and are therefore not in a position to make this assessment.

9.68 Accordingly, it is noted that DEPI (on behalf of Parks Victoria) have not objected to the amended final contours, and therefore Planning Officers consider that these contours should be able to meet any future open space requirements (i.e. Accordingly, it is noted that DEPI (on behalf of Parks Victoria) have not objected to the amended final contours, and therefore Planning Officers consider that these contours should be able to meet any future open space requirements (i.e. gradients, levels, heights etc) from Parks Victoria, upon acquisition of this land for such purposes.

VicRoads

9.69 As outlined above, eastern parts of the site, abutting Old Dandenong Road, are located within the Public Acquisition Overlay–Schedule 1 (PAO1). Similar to PAO1, the purpose of this Public Acquisition Overlay seeks to identify and reserve land which is proposed to be acquired for a public purpose, in this instance, to ensure that that the use and development of land within this overlay would not prejudice the construction of future roads and/or associated works.

9.70 Importantly, the endorsed final contour plans already show the eastern retarding basin on land within the PAO1.

9.71 In this instance, initial pre-application correspondence from Vicroads indicated that:

Following further internal discussion I can advise that the VicRoads has no objection to the proposed storm water management and contour changes as proposed on the draft Golder Associates,Plans Figure 1 Rev A and Figure 2 Rev A both dated 21/2/2013.

9.72 VicRoads were notified of the application proposal and did not object to the application proposal.

9.73 Consequently, it is considered that an alteration to the eastern retarding basin on land identified within PAO1 (and previously approved by VicRoads in this location) would not compromise the purpose of the PAO1 and should be supported.

4. It [the proposed amendment] is not contrary to a specific requirement (or

condition of the permit) as distinct from an authorisation within the permit, which

itself cannot be altered by consent’

9.74 A full review of the relevant Permit has been undertaken and it has been established that generally, the proposed amendments sought by the provision of amended contour plans and a Stormwater Management Plans generally conform with the requirements of various conditions on the permit relating to the use of the site and/or stormwater control.

9.75 Specifically, the proposed amendment seeks to amend the final shape of the landfill contours rather than amend the principle of the use itself. Whilst there are conditions relating to filling of the proposed landfill (i.e. condition 6), it is considered that this requirement, is not applicable given that filling of the landfill is now complete and that the amended contour



Trim: IC14/145 256

plans would allow for the provision of pre-settlement contours that are generally reflective of the endorse plans referenced in this condition (condition 6) and the updated BPEM (2010) requirements.

9.76 Conditions relating to the provision of retarding basins (conditions 8, 9, and 10) generally require provision of these features within 1-2 years of the date of permit issued. Accordingly, these conditions are considered to be ‘spent’ given that these works should have already been undertaken. In any instance, the amended retarding basin design is considered to be generally in accordance with the thrust of the retarding basin design concepts outlined within these conditions, albeit, with the inclusion of an additional retarding basin in the south-eastern corner of the site to that reduces overall landfilling volumes in this location.

9.77 Swale designs are required to be in accordance with plans endorsed as part of the original permit (condition 11). The proposed amended contour plans provide swale design that are generally in accordance with the requirements of this condition, albeit design in such a way so as to comply with the updated BPEM (2010) requirements.

9.78 In addition, multiple conditions relating to site operations complying with the requirements of the Draft Environmental Improvement Plan (EIP) would be met, given that the EIP has will not be amended as part of the proposed amendment.

9.79 Finally, the proposed amendment does not seek to amend the use of the land, ensuring that the proposed amendment would not authorise anything beyond the scope of the original permit or distinct from the original permit authorisation.

9.80 Accordingly, it is considered that the proposal complies with the rudiments of this secondary consent test.

10 GENERAL COMMENTS

10.1 Based on the above assessment against the relevant test established by the Tribunal, it is considered that the proposed modifications to the endorsed plans are satisfactory, and meet the tests of secondary consent.

10.2 It has been determined that prior to deciding on this application all factors pursuant to section 60(1) of The Act have been considered. Further to this, the proposal does not give rise to any significant social and economic effects.

11 RECOMMENDATION

That Council Resolve to support the amended application at 101 – 157 Old Dandenong

Road, HEATHERTON, VIC 3202 (Henry Street Landfill), that secondary consent is issued by

Council, that amended plans / documentation form part of the Permit and that previously

endorsed plans, where relevant, are superseded.

OR

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

1. The proposal does not meet the principles / tests of Secondary Consent.



Trim: IC14/145 257

Appendices

Appendix 1 - Amended Pre-Settlement (Top of Waste) Final Contour Plan (Trim No 14/12447)

Author/s: Stephen Iannarelli, Statutory Planner


4.7

KP-287/2002 - HENRY STREET LANDFILL - SECONDARY CONSENT AMENDMENT - COUNCIL

REPORT (FEB)

1 Amended Pre-Settlement (Top of Waste) Final Contour Plan . 261

Appendix 1 4.7 KP-287/2002 - Henry Street Landfill - Secondary Consent Amendment - Council Report (Feb) - Amended Pre-Settlement (Top of Waste) Final Contour Plan

261

Amended Pre-Settlement (Top of Waste) Final Contour Plan Amended Pre-Settlement (Top of Waste) Final Contour Plan

Trim: IC14/149 263

4.8 KP-339/2013 - 35 Fowler Street Bonbeach 4.8 KP-339/2013 - 35 Fowler Street Bonbeach


19 February 2014

Agenda Item No: 4.8

KP-339/2013 - 35 FOWLER STREET BONBEACH Contact Officer: Hugh Charlton, Senior Planner

Purpose of Report This report is for Council to consider Planning Application 35 Fowler Street Bonbeach – Planning Permit Application No. KP13/339



Recommendation


That Council determine to support the proposal and issue a Notice of Decision to Develop the land

for the construction of three (3) dwellings on a lot at 35 Fowler Street Bonbeach, subject to the

conditions contained within this report.



Trim: IC14/149 264

35 Fowler Street, BONBEACH VIC 3196 – Planning Permit Application No. KP-339/2013



LAND: 35 Fowler Street, BONBEACH VIC 3196

PLANNING OFFICER: Hugh Charlton

PROPOSAL: Develop the land for the construction of three (3)

dwellings

PERMIT TRIGGER: Construct two or more dwellings on a lot

EXISTING SITE CONDITIONS: Single storey dwelling

APPLICANT: Andrew Loizou

ZONE / OVERLAYS: Residential 3 Zone, no overlays

RESIDENTIAL POLICY AREA Incremental Housing Change

OBJECTIONS One (1)


1.1 The application seeks to develop the land for the construction of three (3) dwellings on a

lot. The development comprises double storey dwellings for the front and middle units and

a single storey dwelling to the rear, all semi-detached at ground floor. All dwellings are

arranged in tandem, accessed from Fowler Street via a shared driveway servicing the

middle and rear units, whereas the front dwelling has a separate driveway and crossover.

Built form is generally detached from the boundary, with the exception of a 16.4 metre

length on the northern boundary and 6 metre length on the southern boundary.





Trim: IC14/149 265

2.2 The site is generally rectangular in shape with a frontage to Fowler Street of 15.24 metres,

a side depth of 60.69 metres, resulting in a site area of 929 sq metres. It currently contains

a single storey, weatherboard dwelling and associated outbuildings. The existing dwelling

on the land enjoys a 14 metre front setback to Fowler Street. The land is generally flat, with

a slight rise of 300-400mm to the rear, and has no vegetation. The site is presently

accessed via a single crossover adjacent to the northern boundary.

2.3 The surrounding area is predominantly characterised by medium density, unit

developments balanced with the original single dwelling allotments, detached or semi-

detached in form. Bus Route: 857, Chelsea to Dandenong, runs along Fowler Street

adjacent to the site. Bonbeach Railway Station is the closest fixed rail, located

approximately 670 metres to the south-west. Chelsea Major Activity Centre is located

approximately 950 metres to the north-west.

2.4 The subject site is identified within Area 74 of the Kingston Neighbourhood Character

Study (May 2003). As part of this study, the average lot size within this area was

calculated to be 289.05m2. The proposal achieves an average lot size of 309.6m2 per

dwelling.



(a) Neighbourhood Character and Detailed Design

The general design of the development comprising a semi-detached development and

integrated garage, hipped roof profiles and a modest dwelling frontage to Fowler Street

adequately reflects the form of the surrounding area. Subject to permit conditions, the

detailed design of the development will be improved to adequately reflect the materials

and finishes of the existing housing stock.



Trim: IC14/149 266

(b) Street Setback

The proposal provides a front setback of 7.5 metres, a 1.5 metre shortfall of the

requirement. The reduced setback as proposed is considered acceptable as it provides a

transition between the two adjacent dwellings, is generally consistent with the character of

setbacks in the immediate area, and achieves a reasonable compromise to allow efficient

use of the site.

(c) Safety & Dwelling Entry

The location of the dwelling entry for Dwelling 2 is partially hidden from view of vehicles

travelling along the common driveway creating a safety concern. A condition on permit is

suitable to create a more prominent porch, and provide adequate refuge for pedestrian

safety and easy identification from the street.


4.1 One (1) objection was received to the application. A summary of the concern and

response to each ground is provided below:

(a) Visual bulk, neighbourhood character,

This is addressed in section 7.3 and 12.11 of this report. In summary, a condition on

permit is recommended to require the application of sections of lightweight and

textured materials, seeking to address the lack of visual interest of the elevations,

reduce the perception of visual bulk, and suitably respond to the character of the area.

(b) Insufficient private open space

As per the Schedule to the Residential 3 Zone, each dwelling provides in excess of the

minimum requirement of 40 sq metres of secluded private open space with an

additional 40 sq metres of private open space as required for Dwelling 1 (4 bedrooms),

and an additional 20 sq metres of private open space as required for Dwelling 2’s and 3

(3 bedrooms).

(c) Overlooking

It appears that the first floor windows of Dwelling 2 have the potential to overlook

adjoining properties immediately to the north and south. A permit condition is

appropriate to restrict unreasonable overlooking to adjoining properties in accordance

with the Standard B22 of Clause 55.

(d) Access to bins on street due to increased parking

It is unlikely there will be future difficulties with bin access and pickup. The site frontage

is adequate to allow for bin storage and access for regular pickup by local services.

(e) Trimming of existing trees on site



Trim: IC14/149 267

Conditions will be imposed on any permit issued to require the adequate protection and

maintenance of significant trees.

(f) Noise from new occupants within private open space

It is not anticipated that the noise generated by the future occupants of an additional

two dwellings will be unreasonable nor would exceed the existing levels of the

surrounding residential area.

(g) Removal of asbestos

This concern would be considered during the building permit process.

5.0 CONCLUSION


Kingston Planning Scheme and taking into consideration the concerns raised by objectors,

the proposal, subject to the inclusion of conditions, is deemed appropriate and should

therefore be supported.



Trim: IC14/149 268

RECOMMENDATION

That Council determine to support the proposal and issue a Notice of Decision to Grant a Permit

to Develop the Land for the Construction of Three (3) Dwellings at No. 35 Fowler Street

Bonbeach, subject to the following conditions:

1. Before the development starts amended plans to the satisfaction of the Responsible

Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be substantially in accordance with the plans submitted to Council on 19th July, 2013, but modified to show:

a. the provision of a landscape plan in accordance with the submitted development plan and the City of Kingston Landscape Plan Checklist, with such plans to be prepared by a suitably qualified landscape professional and incorporating:

i) an associated planting schedule showing the proposed location, species type, mature height and width, pot sizes and number of species to be planted on the site. The schedule must be shown on the plan;

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

iii) all existing trees on the site and within three (3) metres to the boundary of the site on adjoining properties, accurately illustrated to represent actual canopy width and labelled with botanical name, height and whether the tree is proposed to be retained or removed;

iv) a range of plant types from ground covers to large shrubs and trees;

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

vi) the provision of two (2) suitable medium sized (at maturity) canopy trees within the front setback of the property and one (one) medium sized (at maturity) canopy trees along the in the rear private open spaces with species chosen to be approved by the Responsible Authority;

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

viii) all trees provided at a minimum of 2.5 and 3 metres in height at time of planting;

ix) all shrubs to be provided at a minimum pot size of 300mm;

x) the provision of notes on the landscape plan regarding site preparation, including the removal of all weeds, proposed mulch, soil types and thickness, subsoil preparation and any specific maintenance requirements;

xi) All excavation for screw piles (garage 1) and demolition of the existing driveway must be overseen by Council’s Vegetation Management Officer;

xii) All screw piles for the construction of garage 1 must be located outside the structural root zones of all neighbouring trees at 33 Fowler Street, Bonbeach.

b. dwelling 1 wall on north-western boundary constructed with a suspended beam system above ground, individual screw pile footings shown outside the Structural Root Zone of all trees on the neighbouring property and notated on plans accordingly;



Trim: IC14/149 269

c. dwelling 1 garage floor, alfresco area, and driveway located within the Tree Protection Zone of all neighbouring trees constructed above ground with minimal changes to the topsoil and notated on plans accordingly;

d. the porch landing and roof over to Dwelling 2 increased by 300mm to protrude further from the dwelling;

e. all upper floor windows of Dwelling 2 to comply with Standard B22 of Clause 55;

f. provision of suitable eaves or similar fixed shades to shield all north and west facing

windows;

g. the garden bed along the south-east boundary be reduced to a depth of 500mm;

h. the width of the driveway decreased to 2.6 metres, maintaining a 500mm setback from the south-eastern boundary for additional landscaping;

i. a North-east elevation of Dwelling 2;

j. a North-west elevation of Dwelling 2;

k. the internal dimensions of Dwelling 2 garage increase to 5.5 metres wide by 6 metres deep;

l. the provision of a suitable variation in materials and finishes including lightweight, textured elements at upper levels, to provide individuality to Dwelling 1 and 2 to respond to the character of the area, and to reduce visual bulk and mass;

m. the provision of a full colour, finishes and building materials schedule, including samples (illustrated on an A4 or A3 sheet), for all external elevations and driveways of the development;

n. the guttering pertaining to all walls on boundary nominated as being contained wholly within the title property boundary of the subject land;

o. the provision of a water tank of a minimum 2000L for each dwelling and clearly nominated to be used to supplement toilet-flushing;

p. a notation on plans stating that all vehicle crossings must constructed at a 90 degree alignment with the kerb on Fowler Street and all internal driveways must align with the existing / proposed vehicle crossing; and

q. a Tree Protection Zone (TPZ) and all protection measures be noted on the landscape and ground floor plans in accordance with Conditions 3 to 9 of this permit.

Endorsed Plans


Tree Protection

3. A Tree Protection Zone (TPZ) must be installed at a distance of 3 metres from the Banksia

marginata located in the front setback of the neighbouring property at 33 Fowler Street, Bonbeach. A qualified arborist is to be employed to oversee any works (excavation and or construction) within of this zone. The following must be observed within 3 metres of the tree:

a) the existing soil level must not be altered either by fill excavation;

b) the soil must not be compacted or the soil’s drainage changed;



Trim: IC14/149 270

c) no fuels, oils, chemicals, poisons, rubbish and other materials harmful to trees are to be stored or dispersed;

d) no storage of equipment, machinery or material is to occur;

e) open trenching to lay underground services e.g.: drainage, water, gas, etc. must not be used;

f) tree roots must not be severed or injured; and

g) machinery must not be used to remove any existing concrete, bricks or other materials.

4. Prior to the commencement of the development herby permitted a Tree Protection Fence defined by a 1.2 metre high temporary fence constructed using steel or timber posts fixed in the ground or to a concrete pad, with the fence’s side panels to be constructed of cyclone mesh wire or similar strong metal mesh or netting, must be erected 3 metre in a radius from the Banksia marginata. The above requirements in condition 3 must be observed within this area.

5. A Tree Protection Zone (TPZ) must be installed at a distance of 8 metres from the Eucalyptus camaldulensis located in the front setback of the neighbouring property at 33 Fowler Street, Bonbeach. A qualified arborist is to be employed to oversee any works (excavation and or construction) within of this zone. The following must be observed within 8m of the tree:

h) the existing soil level must not be altered either by fill excavation;

i) the soil must not be compacted or the soil’s drainage changed;

j) no fuels, oils, chemicals, poisons, rubbish and other materials harmful to trees are to be stored or dispersed;

k) no storage of equipment, machinery or material is to occur;

l) open trenching to lay underground services e.g.: drainage, water, gas, etc. must not be used;

m) tree roots must not be severed or injured; and

n) machinery must not be used to remove any existing concrete, bricks or other materials.

6. Prior to the commencement of the development herby permitted a Tree Protection Fence defined by a 1.2 metre high temporary fence constructed using steel or timber posts fixed in the ground or to a concrete pad, with the fence’s side panels to be constructed of cyclone mesh wire or similar strong metal mesh or netting, must be erected 8m in a radius from the Eucalyptus camaldulensis. The above requirements in condition 5 must be observed within this area.

7. A Tree Protection Zone (TPZ) must be installed at a distance of 4 metres from the Eucalyptus saligna located in the neighbouring property at 33 Fowler Street, Bonbeach. A qualified arborist is to be employed to oversee any works (excavation and or construction) within of this zone. The following must be observed within 4m of the tree:

o) the existing soil level must not be altered either by fill excavation;

p) the soil must not be compacted or the soil’s drainage changed;

q) no fuels, oils, chemicals, poisons, rubbish and other materials harmful to trees are to be stored or dispersed;

r) no storage of equipment, machinery or material is to occur;



Trim: IC14/149 271

s) open trenching to lay underground services e.g.: drainage, water, gas, etc. must not be used;

t) tree roots must not be severed or injured; and

u) machinery must not be used to remove any existing concrete, bricks or other materials.

8. Prior to the commencement of the development herby permitted a Tree Protection Fence defined by a 1.2 metre high temporary fence constructed using steel or timber posts fixed in the ground or to a concrete pad, with the fence’s side panels to be constructed of cyclone mesh wire or similar strong metal mesh or netting, must be erected 4m in a radius from the Eucalyptus saligna. The above requirements in condition 7 must be observed within this area.

9. All tree pruning work must be in accordance with the Australian Standards AS4373 (2007) “Pruning of Amenity Trees” and be undertaken by a qualified and experienced Arborist.

Drainage and Water Sensitive Urban Design 10. The development of the site must be provided with stormwater works which incorporates

the use of water sensitive urban design principles to improve stormwater runoff quality and which also retains on site any increase in runoff as a result of the approved development. The system must be maintained to the satisfaction of the Responsible Authority. Council's Development Engineer can advise on satisfactory options to achieve these desired outcomes which may include the use of an infiltration or bioretention system, rainwater tanks connected for reuse and a detention system.



13. Stormwater outflow from the development to the Council drainage system should not exceed the predevelopment outflow of the site.

Street Trees / Parks Department

14. Prior to the commencement of any works on the site, a tree protection barrier must be installed at least 2 metres from the base of the Eucalypt street tree located on the nature strip.

15. Sensitive digging is required during the construction of the proposed crossover to ensure that the health of all street trees located on the crossover is not impacted - no roots over 50mm are to be cut and no branches are to be damaged during any construction works outside any tree protection zone(s).

Roads and Drains Engineering 16. Property boundary and footpath levels must not be altered without the prior written

consent from the Responsible Authority.



Trim: IC14/149 272


18. All reinstatements and vehicle crossings must be constructed to the satisfaction of the

relevant authority.

19. Any redundant vehicle crossings must be removed (including redundant portions of vehicle crossings) to the satisfaction of the Responsible Authority.

General amenity conditions 20. All works on or facing the boundaries of adjoining properties must be finished and surface

cleaned to a standard that is well presented to neighbouring properties in a manner to the satisfaction of the Responsible Authority.


22. All externally-located heating and cooling units, exhaust fans and the like must not be located adjacent to bedroom windows on adjoining properties and must be concealed from the street, unless with the further written consent of the Responsible Authority.

Infrastructure and Road Works

23. Any relocation of pits/power poles or other services affected by this development must be relocated to the satisfaction of the relevant servicing authority and the Responsible Authority, at the cost of the owner/developer.

24. Prior to the occupancy of the dwellings, any part of the laneway and/or walkway, abutting the development, damaged during construction must be reinstated to the satisfaction of the Responsible Authority, at the full cost of the Developer.

Completion of Works

25. Prior to the occupation of the dwellings hereby permitted, all buildings and works and the

conditions of this permit must be complied with to the satisfaction of the Responsible Authority, unless with the further prior written consent of the Responsible Authority.

26. Prior to the occupation of the dwellings hereby permitted, the landscaping works as shown on the endorsed plans must be completed to the satisfaction of the Responsible Authority. Thereafter, the landscaping shall be maintained to the satisfaction of the Responsible Authority.


Time Limits


The development is not started within two (2) years from the date of permit issue.



Trim: IC14/149 273






Note: Environment Protection Authority (EPA) Victoria set out the requirements pertaining to site construction hours and permissible noise levels.








Trim: IC14/149 274

In the event that the Council wishes to oppose the Officer’s recommendation to approve the application, it can do so on the following grounds;

1. The development would adversely impact on the health of the Eucalyptus camaldulensis (River Red Gum) and Banksia integrifolia (Coast Banksia) in the front setback located on the neighbouring property No. 33 Fowler Street.

2. The proposal fails to comply with the requirements of Clause 55.03-1 (Street Setback) of the Kingston Planning Scheme.

3. The proposal fails to address opportunities for overlooking and does not satisfy the requirements of Clause 55.04-6 (Overlooking) and Clause 55.04-7 (Internal Views) of the Kingston Planning Scheme.

4. The proposal creates potential safety conflicts and fails to provide a sense of identity to each dwelling, not in accordance with the requirements of Clause 55.03-7 (Safety) and Clause 55.05-2 (Dwelling Entry) of the Kingston Planning Scheme.

5. The detailed design of the proposal is considered to be bland creating the perception of visual bulk, not in accordance with the requirements of Clause 55.06-1 (Design Detail) of the Kingston Planning Scheme.

6. The proposal fails to comply with the requirements of Clause 55.06-2 (Front Fences) of the Kingston Planning Scheme.



Trim: IC14/149 275


1. RELEVANT LAND HISTORY




lot. The development comprises double storey dwellings for the front and middle units, and

a single storey dwelling to the rear, semi-detached at ground floor. All dwellings are

arranged in tandem, accessed from Fowler Street either via a shared driveway along the

southern boundary servicing the middle and rear units, whereas the front dwelling has a

separate driveway and crossover adjacent to the northern boundary. Built form is generally

detached from the boundary, with the exception of a 16.4 metre length on the northern

boundary and 6 metre length on the southern boundary.

2.2 The site is generally rectangular in shape with a frontage to Fowler Street of 15.24 metres,

a side depth of 60.69 metres, resulting in a site area of 929m2. It currently contains a

single storey, weatherboard dwelling and associated outbuildings. The existing dwelling on

the land enjoys a 14 metre front setback to Fowler Street. The land is generally flat, with a

slight rise of 300-400mm to the rear, and has no vegetation (the site has recently been

cleared prior to obtaining relevant approvals). The site is presently accessed via a single

crossover adjacent to the northern boundary.

2.3 There are no restrictions or encumbrances shown on the Certificate of Title provided.


3.1 The surrounding area is predominantly characterised by medium density, unit

developments balanced with the original single dwelling allotments, detached or semi-

detached in form. Bus Route: 857, Chelsea to Dandenong, runs along Fowler Street

APPLICANT Andrew Loizou

ADDRESS OF LAND 35 Fowler Street Bonbeach

PLAN OF SUBDIVISION REFERENCE Lot 15 on PS005789

PROPOSAL Develop the Land for the Construction of Three (3)

Dwellings

PLANNING OFFICER Hugh Charlton

REFERENCE NO. KP-339/2013

ZONE Clause 32.06 – Residential 3 Zone

OVERLAYS None

OBJECTIONS One (1)

CONSIDERED PLAN


20th June 2013

ABORIGINAL CULTURAL HERITAGE

SENSITIVTY

No



Trim: IC14/149 276

adjacent to the site. Bonbeach Railway Station is the closest fixed rail, located

approximately 670 metres to the south-west. Chelsea Major Activity Centre is located

approximately 950 metres to the north-west.


North: No.33 Fowler Street comprises a single storey, detached weatherboard dwelling,

setback 2.5 metres from the common boundary. Private open space is located to the rear

of the dwelling along with outbuildings and a pool. Significant forms of vegetation are

located within 3 metres of the common boundary.

South: A five unit, single storey, semi-detached development is located at No. 37 Fowler

Street to the south. Dwellings are setback from the common boundary between 1 to 1.7

metres. Three areas of private open space are located adjacent to the common boundary,

generally situated in the middle and to the very rear of the property.

East: To the rear is a common driveway as part of a 4 dwelling, multi-unit, single storey

development facing onto Broadway. Unit 3 is located across the common driveway,

setback 5.1 metres from the rear boundary of the subject site.

West: Land opposite the site comprises a single storey, detached dwelling.

4.0 PROPOSAL


lot. The development comprises double storey dwellings for the front and middle units, and

a single storey dwelling to the rear, all semi-detached at ground floor. All dwellings are

situated in tandem, accessed from Fowler Street either via a shared driveway along the

southern boundary servicing the middle and rear units, whereas the front dwelling has a

separate driveway and crossover adjacent to the northern boundary. Built form is generally

detached from the boundary, with the exception of a 16.4 metre length on the northern

boundary and 6 metre length on the southern boundary.

4.2 The built form is contemporary, adopting a rendered base and face brick at ground level

rising to parapet walls, and a rendered upper level to a hipped roof profile clad in

Colorbond steel. All dwellings are identical in form and finish.

4.3 Dwelling 1 is the front dwelling facing onto Fowler Street and comprises a double storey,

four (4) bedroom form partially built on the northern boundary for a length of 6.5 metres. A

40 sq metre area of secluded private open space is located to the northern side of the

dwelling adjacent to the boundary. The proposed 1.5 metre high front fence features

individual timber posts located in an ad-hoc manner ranging in height. Two car spaces are

provided within a double garage attached to the dwelling, to be constructed on the northern

boundary.

4.4 Dwelling 2 is the middle dwelling comprising a double storey, three (3) bedroom dwelling,

and is semi-detached to Dwelling 1 and 3, and partially constructed on the northern side

boundary for a length of 6 metres. A 66.5 sq metre area of secluded private open space is

proposed on the northern side of the dwelling adjacent to this boundary. Two car spaces



Trim: IC14/149 277

are provided within a double garage attached to the dwelling and accessed via the shared

driveway with Dwelling 3.

4.5 Dwelling 3 is the rearmost dwelling comprising a single storey, three (3) bedroom

dwelling, semi-detached to Dwelling 2, and partially constructed on the northern side

boundary for a length of 3.9 metres. A 61.6 sq metre area of secluded private open space

is proposed adjacent to the rear eastern boundary. Two car spaces are provided in a

tandem arrangement, one within a single garage attached to the dwelling and accessed via

the shared driveway with Dwelling 2.

4.6 The proposal has an overall site coverage of approximately 49.5%, and a permeability of

approximately 28% (as calculated by Planning Officer).


Zone

5.1 Residential 3 Zone: Pursuant to Clause 32.06-4 of the Kingston Planning Scheme, a

planning permit is required to construct two (2) or more dwellings on a lot. A development

must meet the requirements of Clause 55 of the Scheme. The Schedule to the Residential

3 Zone includes a variation to one standard within Clause 55.


5.2 Car Parking: Pursuant to Clause 52.06 of the Kingston Planning Scheme, a planning

permit is not required to reduce the number of parking spaces provided on the land as two

(2) parking spaces are provided for each three to four bedroom dwelling.

5.3 The majority of the turning areas meet the requirements of Standard 52.06, allowing

vehicles to exit the site in a forwards direction. The exception however is vehicles exiting

the western side of the garage to Dwelling 2. The enlarged portion of the garden bed

proposed opposite this garage prevents the turn to be competed in two movements. A

condition on permit is recommended to setback this garden bed to 500mm from the

southern boundary, allowing all vehicles to exit the site in a forwards direction.

5.4 The internal area of the double garage to Dwelling 2 is slightly undersized and does not

comply with Clause 52.06 which requires a 5.5 metre wide garage by 6 metres deep. A

condition on permit will require the garage to Dwelling 2 to have the requisite internal

dimensions.

5.5 Clause 55 - Two or More Dwellings on a Lot & Residential Buildings – (Refer to Appendix

A for the Planning Officer’s full assessment against this report).

General Provisions

5.6 The Decision Guidelines of Clause 65 of the Kingston Planning Scheme are relevant to

this application and require consideration to be given to a variety of matters including

planning scheme policies, the purpose of the zone, orderly planning and the impact on

amenity.



Trim: IC14/149 278





Clause 16 Housing




6.3 Other

Neighbourhood Character Area Guidelines (Incorporated Document under Clause 21.05 – Residential Land Use of the LPPF). The land is located within Area 22 of the Neighbourhood Character Guidelines.

Design Contextual Housing Guidelines (April 2003 – reference document within Clause 22.11 – Residential Development Policy). The Design Contextual Housing Guidelines offer a range of design techniques and suggestions to assist with residential design, which is responsive to local character.

7.0 ADVERTISING


and occupiers and by maintaining a notice on site for fourteen (14) days. One (1) objection

was received to the application. The valid grounds of objection raised are summarised as

follows:

Visual bulk, neighbourhood character

Insufficient private open space

Overlooking

Access to bins on street due to increased parking

Trimming of existing trees on site

Noise from new occupants within private open space



required as one (1) objection was received and the objector did not request a meeting.

8.2 The objector was contacted, however, to discuss their concerns, with this information

relayed to the applicant.

8.3 The objector concerns were unable to be resolved, and the objection still stands.



Trim: IC14/149 279

9.0 SECTION 50/ 57A – AMENDMENT TO PLANS

9.1 No amendments to plans have been made during the course of the application.

10.0 REFERRALS


Council’s Development Engineer – raised no objection to the application, subject to

standard conditions relating to the provision of stormwater works to improve

stormwater runoff quality.

Council’s Vegetation Management Officer – raised no objection to the application,

subject to conditions for adequate protection of trees on the neighbouring property at

No. 33 Fowler Street, and provision of two (2) suitable medium sized (at maturity)

canopy trees within the front setback of the property and one (1) small (at maturity) tree

within the private open space area of each dwelling, and the provision of a landscape

plan.

Council’s Parks Department - raised no objection to the application, subject to standard

conditions requiring protection of the street tree during construction.

Council’s Roads and Drains Department – raised no objection to the application subject

to standard conditions requiring crossovers to be aligned and an on-street parking bay

of at least 5.4 metres between vehicle crossings be shown on plans.



11.1 The State Planning Policy Framework sets out the relevant state-wide policies for

residential development at Clause 11 (Settlement), Clause 15 (Built Environment and

Heritage) and Clause 16 (Housing). Essentially, the provisions within these clauses seek

to achieve the fundamental objectives and policy outcomes sought by the Metropolitan

Strategy – ‘Melbourne 2030’ and its recent update ‘Melbourne @ 5 Million’, which have

been removed from an individual clause and integrated throughout the State Planning

Policy Framework.

11.2 The settlement policies at Clause 11 seek to ensure a sufficient supply of land is available

for all forms of land use in Victoria. Of particular relevance to housing, Clause 11

promotes housing diversity and urban consolidation objectives in the established urban

realm. Clause 11.02-1 states that Planning Authorities should plan to accommodate

projected population growth over at least a 15 year period, taking account of opportunities

for redevelopment and intensification of existing urban areas as well consideration being

had for environmental aspects, sustainable development and the costs associated with

providing infrastructure. This clause states:




Trim: IC14/149 280

o Opportunities for the consolidation, redevelopment and intensification of

existing urban areas;







11.4 Clause 13 (Environmental Risks) aims to ensure that planning adopts a best practice

environmental management and risk management approach which aims to avoid or

minimise environmental degradation and hazards. Further, planning should identify and

manage the potential for the environment, and environmental changes, to impact upon the

economic, environmental or social well-being of society.






conservation of places of Aboriginal cultural heritage significance. The Subject Land is not

identified in an area of Aboriginal Cultural Heritage Sensitivity.













and services.

11.9 The policies contained within Clause 16.01-4 encourage the provision of range of housing

types to meet the increasingly diverse needs of the community. Emphasis is placed on

development of well-designed medium density housing with respect to neighbourhood

character. Further, this Clause aims to make better use of the existing infrastructure and

provide more energy efficient housing.

11.10 It is submitted that the proposed development satisfies the aforementioned State strategies

and policy direction. Specifically, the subject site is located on land earmarked for

residential purposes, whereby residential development is an ‘as of right’ use under the

zoning provisions. Subject to appropriate conditions on any permit issued, the development



Trim: IC14/149 281

will achieve an acceptable design outcome for the site and its immediate abuttals, whilst

enjoying convenient and direct access to community facilities and the like, including public

transport nodes.


11.11 The City of Kingston’s MSS at Clause 21.05 (Residential Land Use) of the Kingston

Planning Scheme, seeks to provide guidance to development in residential zoned land,

mixed use zoned lands and land within activity centres. The Residential Land Use

Framework Plan illustrates the range of housing outcomes sought across the City of

Kingston.


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

To ensure new residential development respects neighbourhood character and is site responsive, and that medium density dwellings are of the highest design quality. This is to be achieved through promoting new residential development, which is of a high standard, responds to the local context and positively contributes to the character and identity of the local neighbourhood.

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

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

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

To recognise and response to special housing needs within the community.

11.13 Council’s Local Planning Policy at Clause 21.05 essentially reinforces State Planning

Policy relevant to housing, stressing the need to encourage urban consolidation in

appropriate locations and to accommodate projected population increases.

11.14 Clause 22.11 Residential Development Policy extends upon the provision contained at

Clause 21.05 (Residential Land Use), relating to increased housing diversity areas,

incremental housing change areas, minimal housing change areas, residential renewal

areas and neighbourhood character. It provides design guidance on how new residential

development should achieve architectural and urban design outcomes that positively

respond to neighbourhood character.


To promote a managed approach to housing change, taking account of the differential capacity of local areas in Kingston to accommodate increased housing diversity,



Trim: IC14/149 282

incremental housing change, residential renewal or minimal housing change, as identified within the MSS.

To encourage new residential development to achieve architectural and urban design outcomes that positively respond to neighbourhood character having particular regard to that identified in the Kingston Neighbourhood Character Guidelines – August 2007.

To promote on-site car parking which is adequate to meet the anticipated needs of future residents.

To ensure that landscaping and trees remain a major element in the appearance and character of the municipality’s residential environments.

To limit the amount and impact of increased stormwater runoff on local drainage systems.

To ensure that the siting and design of new residential development takes account of

interfaces with sensitive and strategic land uses.

Incremental Housing Change Areas:

In suburban locations which are not within convenient walking distance of public

transport and activity centres, encourage lower density housing forms with a

predominance of single dwelling and the equivalent of dual occupancy developments

on average sized lots. These areas are identified for ‘incremental housing change’ on

the Residential Framework Plan within the MSS.



medium density housing in appropriate locations. This is discussed in the Clause 55

assessment, later within this report.


12.1 The proposal has been assessed against the standards of Clause 55 (ResCode) of the

Kingston Planning Scheme (refer to Appendix A). Overall, it is noted that the application

achieves a high level of compliance with the ResCode provisions, with only minor

variations sought. Ten (10) of the thirty-three (33) ResCode standards are sought to be

varied, with the remaining relevant standards satisfied by the proposal. Subject to

appropriate conditions, eight (8) standards sought to be varied will be amended to comply

with Clause 55.

12.2 The following assessment considers the relevant standards and objectives of ResCode

where they require further discussion to that provided in the attached Appendix, particularly

those standards where concessions are sought.

Clause 55.02 – Neighbourhood Character & Infrastructure




Trim: IC14/149 283

12.3 The objective of this Clause 55.02-1 is ‘to ensure that the design respects the existing

neighbourhood character and responds to the features of the site and surrounding area’.

Standard B1 of ResCode states that the proposed design should respect the existing or

preferred neighbourhood character and respond to the features of the site.

12.4 The subject site is located within a predominately residential area of mixed character. The

general design of the development comprising a semi-detached development and

integrated garage, hipped roof profiles and a modest dwelling frontage to Fowler Street

adequately reflects the form of the surrounding area. Subject to appropriate permit

conditions, the detailed design of the development will be improved to adequately respond

to the materials and finishes of the existing housing stock.

12.5 The land is located within Area 74 of the Neighbourhood Character Guidelines. The

proposed building footprint is generally consistent with the major characteristic of the area

noted as having varied building footprints. Whilst the front dwelling more so comprises a

modulated façade, the remainder of the proposed development varies in ground floor

setbacks from each boundary, creating form that wraps around private open space and

maximises the northerly length of the site. The extent of separation provided between the

upper floor components of Dwelling 1 and 2 responds to the built forms of the adjoining

properties, to lesser the amenity impact on existing dwellings.

12.6 A major, typical characteristic of the area is noted as materials of dwelling are generally

clad in white weatherboard walls with tiled roofs. The development proposes a limited

selection of rendered walls and Colorbond steel roof profiles, and lacks any reference to

the surrounding area. A condition is recommended to require the dwellings to apply

sections of lightweight materials to better reflect the character of the area and seek to

improve the visual interest of the elevations.

12.7 The design incorporates porches for each of the dwellings, providing a sense of identity

and reflects another major feature typical of the area. The application proposes an open

front fence design and landscaped front garden that is generally consistent with the

expressed typical character in this area.


12.8 The Residential policy objective seeks to ensure that any proposed development accords

with the relevant State and Local Planning Policy Framework. An assessment against

Kingston’s MSS and Residential Development Policy has been provided at section 11 of

this report, with the proposal found to be compliant with the objectives within the policies.

12.9 As part of the Neighbourhood Character Study, the average lot size within this area was

calculated to be 289.05m2. Notably, the proposal achieves an average lot size of 309.6m2

per dwelling, and is considered to be reasonably serviced by public transport having bus

route: 857, Chelsea to Dandenong, running along Fowler Street adjacent to the site, and

Bonbeach Railway Station located approximately 670 metres to the south-west.

12.10 In accordance with the local policy Clause 22.11, the development is considered

responsive by tapering down the scale to the rear, proposing a smaller double storey

dwelling in the centre (Dwelling 2), and a single storey dwelling to the rear (Dwelling 3).

The double storey built form of Dwelling 2 is designed in such a way that impacts such as



Trim: IC14/149 284

visual dominance and overshadowing are reduced due to a centralised first floor building

placement. This is consistent with the policy objective to ‘Ensure that any upper storey

components towards the rear of sites are sensitively designed to avoid unreasonable

adverse amenity impacts on neighbours.’

12.11 Subject to appropriate conditions on any permit issued, the proposal will provide a

satisfactory response to local policy providing housing change that will respect the existing

character of the area and provides additional diversity in housing stock to cater for the

changing needs within the municipality.

Clause 55.03 - Site Layout and Building Massing

Standard B6 - Street Setback

12.12 The proposal provides a front setback of 7.5 metres, a 1.5 metre shortfall of the

requirement. Adjacent development is setback 5.5 metres and 14.3 metres, and in the

immediate context along Fowler Street, the average setback is 7.9 metres. The reduced

setback as proposed is considered acceptable as it provides a transition between the two

adjacent dwellings, is generally consistent with the character of setbacks in the immediate

area, and achieves a reasonable compromise to allow efficient use of the site.

Standard B12 Safety & B26 Dwelling Entry

12.13 The location of the porch entry for Dwelling 2 is recessed behind the southern wall of the

dwelling and partially obscured view of vehicles travelling along the common driveway,

thereby creating a safety concern. A condition on permit is suitable to require the porch

landing and roof over to Dwelling 2 be increased by 300mm to protrude further from the

dwelling, thereby will provide adequate refuge for pedestrian safety. As the driveway is

recommended to be reduced to 2.6 metres in width, an increase to the porch can be

accommodated within the area gained, and further, increase the setback of the driveway to

the dwelling.

12.14 Subject to this condition, the entry point for Dwelling 2 will be more identifiable from the

street and common areas by having a more prominent porch. Dwelling 1 and 3 include

adequate porch entries at ground level, therefore all dwellings will have an adequate sense

of address.

Clause 55.04 - Amenity Impacts

Standard B22 – Overlooking

12.15 It appears that the first floor windows of Dwelling 2 have the potential to overlook adjoining

properties immediately to the north and south. A permit condition is appropriate to restrict

unreasonable overlooking to adjoining properties in accordance with the Standard.

Clause 55.06 - Detailed Design

Standard B32 - Front Fences



Trim: IC14/149 285

12.16 The proposal incorporates a 1.5m high front fence, 0.3m higher than the requirements

under the Schedule to the Residential 3 Zone. Whilst the height of the fence does not

comply with the provision, it is considered reasonable in this instance given the open

nature of the design, proposing posts of varying heights scattered across the frontage with

no barrier between. Further, the proposal is consistent with the height of the existing 1.5m

front fence, and an improvement on the higher front fences in the street typically between

1.6m and 1.8m high. As such, the height of the fence is considered to be generally

appropriate for the emerging character of the area.

Standard B31 - Detail design

12.17 The detailed design of the dwellings are generally limited to face brickwork and two

choices of render, applied in substantial sections with little to break up the bland form. All

dwelling designs are identical, and there is a concern that the overtly consistent

presentation produces built form that reads as one substantial building mass, particularly at

upper levels when viewed from adjoining properties.

12.18 A condition will require suitable variation in the application of materials and finishes,

seeking textured elements particularly at upper levels to reduce the perception of visual

bulk, improve visual interest and differentiate the building mass to gain individuality to each

dwelling.

Tree protection

12.19 The two trees in the front setback located on the neighbouring property No. 33 Fowler

Street would be adversely impacted upon by Dwelling 1 and the garage. These mature

trees are identified as a Eucalyptus camaldulensis (River Red Gum) and a Banksia

integrifolia (Coast Banksia). Council’s Vegetation Department has recommended that

these trees be adequately protected by altering the construction technique of this dwelling

and garage, and incorporating appropriate tree protection zones.

12.20 As such, tree protection zones are required. The proposed works within this protection

zone require modification to ensure the health of the protected trees will be maintained.

12.21 The foundation of the Dwelling 1 garage is required to be replaced by a suspended beam

system constructed above ground, where the typical trench footings be replaced with

individual screw pile footings dug outside of the Structural Root Zones of the trees, being

approximately a 4 metre radius and 2 metre radius of the River Red Gum and Coast

Banksia respectively. These figures are approximate as the circumference of trees

provided was not accurate in the permit applicant arborist’s original submission.

12.22 The applicant has provided a structural engineering documentation which adequately

demonstrates that this method is feasible both in terms of developability and the protection

of the identified trees. The proposed garage floor, alfresco area, and driveway to Dwelling

1 where located within the TPZ of the aforementioned trees must be constructed above

ground with minimal changes to the topsoil.



Trim: IC14/149 286

12.23 Appropriate conditions on permit, should one issue, that reflect the above

recommendations have been included.


13.1 A summary of the objector concerns and response to each is provided below.

(a) Visual bulk, neighbourhood character,

This is addressed in sections 7.3 and 12.11 of this report. In summary, a condition on

permit is recommended to require the application of sections of lightweight and

textured materials, seeking to address the lack of visual interest of the elevations,

reduce the perception of visual bulk, and suitably respond to the character of the area.

(b) Insufficient private open space

Each dwelling provides in excess of the minimum requirement of 25 sq metres of

secluded private open space, proposing a minimum of 40 sq metres suitably located on

the northern side of each dwelling for good solar access.

(c) Overlooking

It appears that the first floor windows of Dwelling 2 have the potential to overlook

adjoining properties immediately to the north and south. A permit condition is

appropriate to restrict unreasonable overlooking to adjoining properties in accordance

with the Standard B22 of Clause 55.

(d) Access to bins on street due to increased parking

It is unlikely there will be future difficulties with bin access and pickup. The site frontage

is adequate to allow for bin storage and access for regular pickup by local services.

(e) Trimming of existing trees on site

Conditions will be imposed on any permit issued to require the adequate protection and

maintenance of mature trees.

(f) Noise from new occupants within private open space

It is not anticipated that the noise generated by the future occupants of an additional

two dwellings will be unreasonable nor would exceed the existing levels of the

surrounding residential area.

(g) Removal of asbestos

This concern would be considered during the building permit process.



Trim: IC14/149 287

14.0 CONCLUSION:

14.1 On balance, the proposal is considered to substantially comply with the relevant planning

policy and therefore should be supported.




14.3 The proposed development is considered appropriate for the Site, subject to conditions, as

evidenced by:


The mitigation of off-site amenity impacts; and

A suitable level of compliance with all relevant policies, including Clause 55 of the

Kingston Planning Scheme



Trim: IC14/149 288

APPENDIX A – RESCODE ASSESSMENT - Standard of the Kingston Planning Scheme

Two or more dwellings on a lot and residential buildings (Clause 55 and Schedule to the

Residential 1 Zone)

Title and Objective Complies with Standard?



Design respects existing neighbourhood character or contributes to a preferred neighbourhood character.

Development responds to features of the site and surrounding area.

Yes See section 12 of the report.


Residential development is consistent with housing policies in the SPPF, LPPF including the MSS and local planning policies.

Support medium densities in areas to take advantage of public transport and community infrastructure and services.

Yes See section 12 of the report.


Encourages a range of dwelling sizes and types in developments of ten or more dwellings.

N/A Less than 10 dwellings proposed

B4 Infrastructure

Provides appropriate utility services and infrastructure without overloading the capacity.

Can comply subject to conditions

Council’s engineering departments have reviewed the application and requested that stormwater works incorporating the use of WSUD principles to improve stormwater run off quality and reduce runoff.

It is recommended that suitable condition(s) be included in any permit issued to address infrastructure considerations.


Integrate the layout of development with the street

Yes Dwelling 1 is oriented to the street, proposing a number of habitable rooms windows facing the street to provide adequate levels of passive surveillance. An open style front fence is proposed, improving the connection to the dwelling with the street.

B6 Street Setback

The setbacks of buildings from a street respect the existing or preferred neighbourhood character and make efficient use of the site.

No Required: 9 metres


See section 12 of the report.

B7 Building Height

Building height should respect the existing or preferred neighbourhood character.





Trim: IC14/149 289



B8 Site Coverage

Site coverage should respect the existing or preferred neighbourhood character and respond to the features of the site.

Note: Schedule 3 to the Residential 3 Zone alters this requirement.

Yes Maximum: 50%

Proposed: 49.5%

The proposed site coverage complies with standard and respects the size of existing building footprints within the vicinity.

B9 Permeability

Reduce the impact of stormwater run-off on the drainage system and facilitate on-site stormwater infiltration.

Yes At least: 20%

Proposed: 28%

Whilst the development complies with the permeability standard, drainage conditions are recommended to ensure that excess run off does not result from an increase of impermeable surfaces.


Achieve and protect energy efficient dwellings and residential buildings.

Ensure orientation and layout reduces fossil fuel energy use and makes appropriate use of daylight and solar energy.


The development orients living room areas and habitable room windows in a northerly direction, maximising solar access.

However none of the windows are screened to protect from harsh solar access, where a condition on permit is suitable to require such features.

B11 Open Space

Integrate layout of development with any public and communal open space provided in or adjacent to the development.

Yes All dwellings are oriented to and accessed from the common area.

Whilst ground floor dwellings have highlight windows fronting the common driveway, the development is able to provide some unobscured upper floor windows to generate some passive surveillance within the development.

B12 Safety

Layout to provide safety and security for residents and property.


The layout of the development and location of habitable room windows adjacent to the common accessway will provide adequate opportunities for passive surveillance.

The location of the porch entry for Dwelling 2 is however not adequately visible from view of vehicles travelling along the common driveway. See section 12 of the report.

B13 Landscaping


To encourage:

Development that respects the landscape character of the neighbourhood.



It is recommended that a landscape plan including the planting of canopy trees within the front setback of Dwelling 1 and the private open space of all dwellings, be required by way of a



Trim: IC14/149 290



Development that maintains and enhances habitat for plants and animals in locations of habitat importance.

The retention of mature vegetation on the site.

condition of any permit issued.

Further, that the width of the driveway be decreased to 2.6m, maintaining a 500mm setback from the south-eastern boundary, to gain additional area for planting opportunities.

B14 Access

Ensure the safe, manageable and convenient vehicle access to and from the development.

Ensure the number and design of vehicle crossovers respects neighbourhood character.

Yes A new crossover is to be proposed in addition to the existing crossovers to be retained, and will be adequately spaced to result in a minimum loss to on-street car parking.


Provide resident and visitor vehicles with convenient parking.

Avoid parking and traffic difficulties in the development and the neighbourhood.

Protect residents from vehicular noise within developments.

Yes The proposal incorporates at least (1) undercover car parking space to each dwelling within an enclosed garage conveniently attached to each dwelling.

B16 Parking Provision – Deleted under Planning Scheme Amendment VC90 on the 5th June, 2012


Ensure the height and setback respects the existing or preferred neighbourhood character and limits the amenity impacts on existing dwellings.

Yes Required:

Ground Floor

N/W: 0m/1m

N/E: 1m

S/E: 1m

S/W: N/A front

First Floor

N/W: 1.6m

N/E: 1.6m

S/E: 1.63m

S/W: N/A front

Proposed:

Ground Floor

N/W: 0m/3.1m

N/E: 3m

S/E: 4m

S/W: N/A front

First Floor

N/W: 2.09m

N/E: 23.5m

S/E: 4.07m

S/W: N/A front


Ensure the location, length and height of a wall on a boundary respects the existing or preferred neighbourhood character and limits the amenity impacts on existing dwellings.

Yes Maximum: 22.67m on north-west or south-east side boundaries (length)

Proposed: 16.38m on south boundary (length) to a height of 3m; 6m on south-east to a height of 3m


Allow adequate daylight into existing habitable room windows.

Yes The reasonably deep setbacks of the proposed development in addition to the existing side setbacks of adjoining dwellings ensure that adequate daylight reaches habitable room windows.



Trim: IC14/149 291




Allow adequate solar access to existing north-facing habitable room windows.

N/A It is noted that there are no north-facing habitable room windows on adjoining properties for consideration.


Ensure buildings do not significantly overshadow existing secluded private open space.

Yes All existing areas of secluded private open space will not be unreasonably overshadowed, receiving the minimum of five hours of sunlight to 75% of each area.

B22 Overlooking

Limit views into existing secluded private open space and habitable room windows.



B23 Internal Views

Limit views into existing secluded private open space and habitable room windows of dwellings and residential buildings within the same development.


Subject to a permit condition to prevent overlooking to adjoining properties in accordance with B22 as previously recommended, all internal views will be limited within the development.

B24 Noise Impacts

Protect residents from external noise and contain noise sources in developments that may affect existing dwellings.

Yes Potential noise impacts relating to air conditioning units will be mitigated by their centralised placement on the site on the roof to each dwelling.

B25 Accessibility

Consider people with limited mobility in the design of developments.

Yes Access for people with limited mobility to all dwellings is via ground floor entrances on relatively flat ground.

B26 Dwelling Entry

Provide a sense of identity to each dwelling/residential building.




Allow adequate daylight into new habitable room windows.

Yes The proposal provides generous setbacks to habitable room windows to allow adequate daylight access.



Trim: IC14/149 292




Provide reasonable recreation and service needs of residents by adequate private open space.

Note: Schedule 3 to the Residential 3 Zone alters this requirement.

Yes Required: An area of 40 square metres, with one part of the private open space to consist of secluded private open space at the side or rear of the dwelling or residential building with a minimum area of 40 square metres, a minimum dimension of 5 metres and convenient access from a living room. If a dwelling has more than 2 bedrooms an additional ground level private open space area of 20 square metres with a minimum width of 3 metres is required to be provided for each additional bedroom, with a maximum of 80 square metres of private open space required for the dwelling.

Proposed:

Dwelling 1 (4 bedroom) - 40m2 Secluded private open space with minimum dimension 5m, located on the north side of the dwelling plus 51 m2

private open space in the front setback.

Dwelling 2 (3 bedroom) – 66.5m2 Secluded private open space with minimum dimension 5m located on the north side of the dwelling.

Dwelling 3 (3 bedroom) – 61.6m2 Secluded private open space with minimum dimension 5m, located on the north-eastern side of the dwelling.


Allow solar access into the secluded private open space of new dwellings/buildings.

Yes All areas of secluded private open space have a northerly orientation and adequate depth to gain good solar access throughout the day.

B30 Storage

Provide adequate storage facilities for each dwelling.

Yes 6m3 of storage has been provided within external sheds.

B31 Design Detail

Encourage design detail that respects the existing or preferred neighbourhood character.





Trim: IC14/149 293



B32 Front Fences

Encourage front fence design that respects the existing or preferred neighbourhood character.

Note: The Schedule to the Residential 1 Zone includes a variation to this standard


Maximum: 1.2m

Proposed: 1.5m


B33 Common Property

Ensure car parking, access areas and other communal open space is practical, attractive and easily maintained.

Avoid future management difficulties in common ownership areas.

Yes Common property areas within the development are limited to the common vehicle accessway. The layout of the development will not create any future management difficulties.

B34 Site Services

Ensure site services and facilities can be installed and easily maintained and are accessible, adequate and attractive. Avoid future management difficulties in common ownership areas.

Yes The proposal has ample space for site services and facilities and has designated appropriate locations for mailboxes and bin storage that can be maintained without detriment to the surrounding area or create future management difficulties.

Appendices

Appendix 1 - 35 Fowler Street Bonbeach (Trim No 14/11936)

Author/s: Hugh Charlton, Senior Planner


4.8

KP-339/2013 - 35 FOWLER STREET BONBEACH

1 35 Fowler Street Bonbeach......................................................... 297

Appendix 1 4.8 KP-339/2013 - 35 Fowler Street Bonbeach - 35 Fowler Street Bonbeach

297

35 Fowler Street Bonbeach

35 Fowler Street Bonbeach


298


299


300


301


302


303

Trim: IC14/140 305

4.9 KP13/505 - 2-6 Railway Road Cheltenham 4.9 KP13/505 - 2-6 Railway Road Cheltenham


19 February 2014

Agenda Item No: 4.9

KP13/505 - 2-6 RAILWAY ROAD CHELTENHAM Contact Officer: Jeremy Hopkins, Principal Statutory Planner

Purpose of Report This report is for Council to consider Planning Application 2-6 Railway Road, Cheltenham – Planning Permit Application No. KP13/505.



Recommendation



Permit to develop the land for the construction of a Mixed Use Development comprising 115

dwellings and a retail premises in a Special Building Overlay, removal of easements, reduction in

the car parking requirements and the waiver of the loading requirements at 2-6 Railway Road,

Cheltenham, subject to the conditions contained within this report.



Trim: IC14/140 306

2-6 Railway Road, Cheltenham – Planning Permit Application No. KP13/505

Executive Summary for Planning Committee Agenda Review


LAND: 2-6 Railway Road, Cheltenham

PLANNING OFFICER: Jeremy Hopkins

PROPOSAL: Develop the land for the construction of a Mixed Use

Development comprising 115 dwellings and a retail premises

in a Special Building Overlay, removal of easements,

reduction in the car parking requirements and the waiver of

the loading requirements

PERMIT TRIGGER: Buildings and works in the Activity Centre Zone and Special

Building Overlay; use of the land for a retail premises;

variation to the overall building height; reduction in car

parking; waiver of loading bay requirements; and the

removal of easements

EXISTING SITE CONDITIONS: Double-storey brick commercial building

APPLICANT: Contour Town Planners

ZONE / OVERLAYS: Clause 37.08 – Cheltenham Activity Centre Zone

Clause 44.05 – Special Building Overlay

RESIDENTIAL POLICY AREA N/A

OBJECTIONS One (1)


1.1 The application seeks to develop the land for demolition of the existing commercial building and construction of a ten (10) storey Mixed Use Development building comprising one hundred and fifteen (115) dwellings, 64m2 of retail floor space, and a caretaker's residence on this site. One hundred and twenty-six (126) car parking spaces are proposed within the development, together with bicycle parking for one hundred and thirty eight (138). Each dwelling would be provided with a balcony or terrace and a communal courtyard for the exclusive use of the residents.

1.2 The proposal has an overall building height of approximately 33.5m, and would be constructed of precast concrete tilt-up panels in various painted finishes; aluminium framed bronze, clear and grey tinted glazing; white metal louvered sunscreens, and Colorbond roof cladding.





Trim: IC14/140 307

2.2 The site is generally rectangular in shape with a frontage to Railway Road of 45.72m, a

side depth to the laneway of 34.53m, resulting in a site area of 1579m2. It currently contains a double storey brick commercial building a single storey saw-tooth brick building, which has recently been used for parking of vehicles in association with the previous use of the subject site as an office.

2.3 The subject site is located within the Cheltenham Major Activity Centre and is surrounded by a variety of commercial and civic uses including local shopping, medical centres, offices and civic uses, such as the Kingston City Council municipal office. The surrounding area is bound by the Nepean Highway to the east and the Melbourne to Frankston railway line to the west. Cheltenham Railway Station is located 150m to the southwest of the subject site. Buildings are generally single or double storey in scale, although there are examples of buildings ranging in height up to eight (8) storeys, most notably being the Kingston City Council Municipal offices.



(a) Height and Scale

The application proposes a building of approximately 33.5 metres in height over ten

(10) storeys (excluding the basement), resulting in a variation to the building height by

5.5 metres and three (3) storeys. In this instance, the variation to the building height is

considered acceptable and does not conflict with the precinct objectives and

guidelines.

Furthermore, the proposed design response is considered to accord with the precinct

guideline of developing ‘gateway buildings by adopting larger scale form and

presenting to the street corners with strong, bold and striking contemporary



Trim: IC14/140 308

architecture’. It is also noted that the height of the proposed building at 33.5 metres

(64.22 metres to Australian Height Datum (AHD)), would be only 1.62 metres taller

than the height (62.6 metres AHD) of the City of Kingston Municipal Offices at 1230

Nepean Highway located approximately 47 metres to the east of the subject site.

Council’s Urban Designer and Place Manager Activity Centres are both supportive of

the proposal subject to conditions recommended on any permit issued for the north

elevation to be further activated through a similar treatment to the western elevation to

allow for a consistent architectural language for the whole building.

Whilst Moorabbin Airport has objected to the proposed development as it exceeds a

height of Australian Height Datum (AHD) 58m, discussions have taken place between

the Applicant and Moorabbin Airport to confirm further approvals are required through

CASA and/or Airservices Australia outside of the planning permit process. A note is

recommended on any permit issued advising of this further approvals process.

(b) Activation to Railway Road

The subject site is located within an Activity Centre Zone and on a streetscape that accommodates high levels of pedestrian traffic. Accepted Urban Design principles recommend that buildings in such locations should maximise opportunities for activity along ground level frontages through the provision of commercial uses. Council’s Urban Designer has some concerns with the level of activation provided along the frontage to Railway Road, which does not provide a level of activation that would normally be acceptable for a development of this nature in this location. The proposed commercial tenancy is located some distance from the street edge behind a ramp and garden bed, with a very narrow entrance at the top of the ramp and recommends that a condition should be included on any permit issued for the

reconfiguration of the ground floor through the deletion of the caretakers apartment,

swapping of the building entry and tenancy to allow for a larger commercial tenancy on the street edge, to facilitate greater street activation to Railway Road.

(c) Internal Amenity

The internal configuration of the residential dwellings are considered to provide an acceptable standard of amenity for future residents. Whilst not directly applicable in a Activity Centre Zone, it is noted that thirty-one (31) of the one hundred and fifteen (115) dwellings are provided with less than the minimum requirements of private open space (8m2) in Clause 55 (ResCode) of the Kingston Planning Scheme. A condition is recommended on any permit issued for each dwelling to be provided with a minimum of 8m2 of balcony area to improve the residential amenity to each apartment, as it is noted that substantial public open space does not exist within proximity of the subject site.

It is noted that provision is being made for a dedicated storage facility for each of the dwellings. Furthermore, access to natural light has been achieved through the orientation of habitable room windows and balcony areas where possible to the north, east and west, with only the second bedrooms and no living rooms relying on borrowed light.



Trim: IC14/140 309

3.2 The subject site is identified within Area 11 of the Kingston Neighbourhood Character Study (May 2003). However, the average lot size within this area has not been calculated as the subject site is not located within a Residential 3 Zone.


4.1 The proposal was advertised by sending notices to adjoining and opposite property owners and occupiers and by maintaining two (2) notices on site for fourteen (14) days. One (1) objection was received from the Moorabbin Airport Corporation objecting to the proposed height of the building being above 58 AHD. Please refer to Part 3.1 (a) above and greater discussion within the body of this Report in relation to the height of the building exceeding 58 AHD.

5.0 CONCLUSION

5.1 Based on a thorough assessment of the application against the relevant provisions of the Kingston Planning Scheme, the proposal, subject to the inclusion of conditions, is deemed appropriate and should therefore be supported.

RECOMMENDATION

That Council determine to support the proposal and issue a Notice of Decision to Grant a Planning Permit to develop the land for the construction of a Mixed Use Development comprising 115 dwellings and a retail premises in a Special Building Overlay, removal of easements, reduction in the car parking requirements and the waiver of the loading requirements at No. 2-6 Railway Road, Cheltenham, subject to the following conditions:

1. Before the development starts amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be substantially in accordance with the plans submitted to Council on 15 August 2013 and 24 October 2013, but modified to show:

a. the provision of a landscape plan in accordance with the submitted development plan and the City of Kingston Landscape Plan Checklist, with such plans to be prepared by a suitably qualified landscape professional and incorporating:

i. an associated planting schedule showing the proposed location, species type, mature height and width, pot sizes and number of species to be planted on the site. The schedule must be shown on the plan;

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

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

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

v. the provision of eleven (11) suitable small to medium sized (at maturity) canopy trees within the roof top garden area, with species chosen to be approved by the Responsible Authority;

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

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



Trim: IC14/140 310

viii. the provision of notes on the landscape plan regarding site preparation, including the removal of all weeds, proposed mulch, soil types and thickness, subsoil preparation and any specific maintenance requirements.

b. all requirements of Melbourne Water, in accordance with Condition 24 of this permit;

c. a comprehensive integrated stormwater management strategy of the site to address the minor and major storm events and incorporating rainwater tank/s and water sensitive urban design treatments to the satisfaction of the Responsible Authority;

d. the reconfiguration of the ground floor resulting in a larger retail tenancy(s), to facilitate greater commercial street activation to Railway Road;

e. the north elevation to levels 2-9 to be modified to provide for a treatment similar to the western elevation to allow for a consistent architectural language across the whole building;

f. increase in the width of the corridor on Level 2 providing access to the communal residential courtyard to the same width of the internal corridor on Level 2 running along the east-west axis to facilitate the optimal use of the residential courtyard for communal social activities;

g. longitudinal section of the basement ramp with gradients, levels and headroom clearance as per AS2890.1:2004 and any flood proof apex as recommended by Melbourne Water;

h. a 3m x 3m splay at the corner of the laneway and Railway Road, or an alternative design agreed upon between the Applicant and the Responsible Authority;

i. the provision of a notation stating “the existing laneway (including drainage works) only where it adjoins the subject site must be designed with colour concrete and exposed aggregate feature bands and constructed at the full cost of the owner/developer as per engineering plans approved by the Responsible Authority”;

j. the provision of a notation stating “the footpath to be reconstructed to Council’s commercial standards to the satisfaction of the Responsible Authority”;

k. the balcony areas to all dwellings increased in size to a minimum area of 8m2, to improve the amenity and usability of these areas;

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

m. the Sustainable Management Plan to reflect any changes, and for consistency with the application drawings, including:

i. Provide specific commitment to natural ventilation strategies, e.g. natural ventilation of lift lobbies and the car park.

ii. Provide specific commitment to the use of solar hot water within the proposal, and remove the reference to ‘construction’ of solar hot water within the introduction.

iii. The STORM assessment indicates that harvested rainwater will be used for irrigation only. The recommended plumbing of the rainwater tanks to a year round use such as toilet flushing. Revise the documents for



Trim: IC14/140 311

consistency. Indicate location of rainwater tank and plumbing on the application drawings.

n. all ESD features, including the location of rainwater tanks, solar hot water panels, shading devices, notations regarding energy efficient lighting systems, energy efficient hot water system, energy efficient heating and cooling, water efficient fixtures, and FSC certified timber;

o. the area nominated as bicycle storage on the application drawings to indicate adequate dimensional clearances, including the type of bicycle storage racks and designed in accordance with Clause 52.34-4 of the Kingston Planning Scheme;

p. a notation that all ramps must have low protective walls that are less than 1.0m in height and must not protrude into the ramp space;

q. a notation that all ramps must not encroach into the manoeuvring aisle, including near space 1, 2, 12, 13, 47 and 48 of Level 1 Lower and Level 1 Upper;

r. the secure roller door must be setback at least 5.4m from the site boundary to provide a holding area for ingress vehicles in order to minimise queuing on Railway Road and/or vehicle blocking the pedestrian footpaths;

s. a notation that head room clearance of 2.2m must be provided at the all ramps and internal circulation ways in accordance with Australian Standards;

t. columns to not be located in the manoeuvring aisle;

u. a notation that “the external doors to the substation from Railway Road to open inwards and not outwards onto the footpath should approval be granted by service authorities”;

v. the gradient of the ramp that leads from the car park to the refuse area;

w. a notation on the plans allocating the car parking in the following fashion, together with each space to be line marked to their respective apartment/retail premises to prevent any conflict over car parking ownership:

the provision of a minimum of one (1) car parking space allocated to the retail premises

the provision of a minimum of one (1) car parking space allocated to each dwelling

the provision of a minimum of two (2) line marked accessible visitor car parking spaces with a head clearance of 2.5m and located within convenient distance to the lift lobby on the ground floor);

x. details of the location and operation of the security intercom system for access into the car parking area;

y. car parking spaces next to walls shall add 100mm in width in accordance with Australian Standards;

z. a notation that the bicycle racks on top of all the parking spaces are to be positioned so as not to interfere with the parking of vehicles within the parking spaces;

aa. a notation that the visitor bicycle parking room must be secure, safe and well lit;



Trim: IC14/140 312

bb. a Plan of Subdivision prepared by a suitably qualified land surveyor showing the removal of easements E-1 – Party Wall easement; E-3 – Electricity Supply easement in favour of United Energy Limited; and E-4 – Carriageway Easement in favour of United Energy Limited; and

cc. the provision of a full colour, finishes and building materials schedule, including samples (illustrated on an A4 or A3 sheet), for all external elevations and driveways of the development.

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



Development Engineering

5. Prior to the issue of an occupancy permit for the development commences the laneway as described in Condition 1i. must be designed and constructed at the full cost of the owner/developer and maintained in accordance with the plans approved by the Council. Discussion with Council’s Development Engineer is recommended prior to submission of a design. A priced schedule of works within the laneway and the payment of Council’s engineering fees of 3.25% of the cost of the works are required to be submitted prior to approval.

6. The development of the site must be provided with stormwater works which incorporates the use of water sensitive urban design principles to improve stormwater runoff quality and which also retains on site any increase in runoff as a result of the approved development. The system must be maintained to the satisfaction of the Responsible Authority. Council's Development Engineer can advise on satisfactory options to achieve these desired outcomes which may include the use of an infiltration or bioretention system, rainwater tanks connected for reuse and a detention system. The overall outflow of the site to Council drainage system must be limited to 14 l/s.



9. Any unnecessary existing easement must be removed from the subdivision plan.

10. A splay of 3m x 3m at the corner of the Laneway and the Railway Road must be created on the subdivision plan, should a splay be agreed upon between the Applicant and the Responsible Authority.



Trim: IC14/140 313

11. The existing Council drainage easement along the northern boundary must be protected at all times during construction.

12. All basement and subsurface construction must be fully-tanked and not constructed as a wet basement.

Roads & Drains

13. Prior to the commencement of the development, property boundary, footpath and vehicle crossing levels must be obtained from Council’s Roads and Drains Department with all levels raised or lowered to the satisfaction of the Responsible Authority.

14. The replacement of all footpaths, including offsets for the portion of Railway Road fronting the subject site, must be constructed to the satisfaction of the Responsible Authority.

15. All reinstatements and vehicle crossings must be constructed to the satisfaction of the relevant authority.

16. Vehicle crossings and other reinstatements must be constructed to Council’s industrial strength specifications.


Construction Management

18. Prior to commencement of the development hereby permitted, a Site Management Plan, to the satisfaction of the Responsible Authority, must be submitted to and approved by the Responsible Authority and when approved shall thereafter be complied with. The Site Management Plan must clearly set out measures to prevent amenity loss to surrounding properties during the construction period. The Plan is to include, but not limited to, measures to control the emission of dust/sand, rubbish on site, loading/unloading times, construction times, consideration of the construction of the adjoining development at 1228 Nepean Highway which is likely to be undertaken at the same time, and parking of builder’s vehicles etc. This plan when endorsed must not be varied without the prior approval of the Responsible Authority. It must also be implemented to the satisfaction of the Responsible Authority.

Please note that Station Road will be changed to a one-way only (eastbound) road in accordance with the Cheltenham Activity Centre Structure Plan. The Site Management Plan must also assume this road arrangement when considering vehicle movements.

Waste Management

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

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

b. Spatial provision for on-site storage.



Trim: IC14/140 314

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

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

e. The location and dimension of waste areas.

f. Strategies to limit waste recyclables within the development.

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

20. Prior to the occupation of the dwellings hereby permitted, or by such later date as is approved by the Responsible Authority in writing, the nature strip, kerb and channel, vehicle crossover and footpath must reinstated to the satisfaction of the Responsible Authority.

21. Any existing vehicular crossing not in accordance with the endorsed plan must be removed and the kerb reinstated in a manner satisfactory to the Responsible Authority and any proposed vehicular crossing must be fully constructed to the Responsible Authority’s standard specification.

22. Prior to the occupation of the dwellings hereby permitted, areas set aside for parking vehicles, access lanes and paths as shown on the endorsed plans must be:



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


23. Condition required by United Energy:

a. The applicant must enter into an agreement with United Energy for an extension, upgrade and/or re-arrangement of the current electricity supply to lots on the land which may also require establishing easement(s) internally or externally to the site; and/or providing site(s) to locate substations; and making payment to United Energy to cover the cost of preparing such documentation and work.

24. Conditions required by Melbourne Water:

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

b. The ground floor of the development, with the exception of the visitor bicycle room, must be constructed with a finished floor level set a minimum of 300mm above the applicable flood level. This will translate to a minimum floor level of 31.27 metres to Australian Height Datum.



Trim: IC14/140 315

c. The entry / exit driveway of the basement car park must incorporate a floor proof apex of a minimum 300mm above the applicable flood level. This will translate to a minimum apex level of 31.05 metres to Australian Height Datum.

d. All doors, windows, vents and openings to the basement car park must be set a minimum of 300mm above the applicable grading flood level.

e. Prior to the issue of an Occupancy Permit, a certified survey plan, showing finished floor levels (as constructed) reduced to the Australian Height Datum, must be submitted to Melbourne Water to demonstrate that the floor levels have been constructed in accordance with Melbourne Water’s requirements.

Amenity

25. The amenity of the area must not be detrimentally affected by the Retail Premises located on the ground floor (notated as Tenancy 01 ) through:

a. the transport of materials, goods or commodities to or from land;

b. the appearance of any buildings, works or materials; and

c. the emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste, rubbish, grit or oil or the presence of vermin.

26. Any external lighting must be designed, baffled and located to suitably manage any adverse effects on adjoining land to the satisfaction of the Responsible Authority.

27. Noise from any air extraction fans, air conditioning and all other plant and equipment installed on the land must not exceed noise levels required to be met under any relevant State Environmental Protection Policy. Ventilation systems must be designed and installed in accordance with relevant Australian Standards or be to the satisfaction of the Responsible Authority.

Use Conditions

28. The ground floor retail premise(s) must operate only between the hours of:

Monday to Friday: 8.00am to 6.30pm; and

Saturday & Sunday: 8.00am to 4.00pm

Or otherwise as approved by the Responsible Authority in writing.

29. There must be no more than four (4) staff on site at any given time working from the retail premise(s), or otherwise as approved by the Responsible Authority in writing.

30. All loading and unloading of materials and goods to and from the site must not interfere with the local road network.

General Conditions





Trim: IC14/140 316

33. Without the further written consent of the Responsible Authority, no more than one

hundred and fifteen (115) dwellings must be constructed on the land.

34. No signs or other advertising or identification may be erected or displayed on the site

without the prior written consent of the Responsible Authority other than for signs not

requiring a permit pursuant to Clause 52.05-7 of the Kingston Planning Scheme.

Time Limits



The use and development is not started within (2) years from the date of this permit.


The plan of subdivision is not certified within two (2) years from the date of this permit.

The plan of subdivision is not registered within five (5) years of the date of certification.

In accordance with section 69 of the Act, the responsible authority may extend the periods referred to if a request is made in writing.



Note: Council does not accept sub-surface water (groundwater) into the stormwater system. Sub-surface water (groundwater) is the responsibility of the property owner to dispose of on site or reach an agreement with the local sewer authority.

Note: The flood line for the property grades from 30.97 metres to Australian Height Datum (AHD) at the northern boundary down to 30.65 metres to AHD at the southern boundary.

If further information is required in relation to Melbourne Water’s permit conditions shown above, please contact Melbourne Water on telephone 9679 7517, quoting Melbourne Water’s reference 5957.




Trim: IC14/140 317


Note: The applicant is encouraged to consider the following Environmental Sustainable Design elements within the proposal:

As the BCA Energy Efficiency requirements could be considered a minimum standard, it is recommended that the applicant commit to strategies which will result in an energy rating that exceeds NCC requirements;

Energy efficient cooling within one energy start of best practice available; Acoustic insulation to improve amenity for future occupants; External shading devices appropriate to façade orientation; High performance glazing, including frames incorporating a thermal break; Energy and water sub-metering; External clothes drying facilities; Specifications of recycling materials, low embodied energy materials, locally sourced

materials; Specifications of FSC timber or other sustainably managed source with proof of audit

trail; Commit to preparation of a Construction Management Plan, including 80% recycling of

construction waste; and Incorporate indigenous plants propagated from a local source within landscaping

design.

Note: This Permit does not approve buildings and works within restricted airspace, and that separate approval from CASA, Airservices Australia and / or other regulatory bodies for works within restricted airspace may be required prior to the commencement of buildings and works.

OR

In the event Council wishes to oppose the Officer Recommendation to refuse the application, it

can do so on the following grounds:

1. The proposal would detrimentally affect the amenity of the area.

2. The proposal would detract from the visual amenity of the locality and the

streetscape.

3. The proposal constitutes an over-development of the site.

4. The proposal would cause traffic congestion.

5. The variation to the height requirement is considered unreasonable and would be

contrary to the precinct objectives and guidelines pursuant to Schedule 1 of the

Activity Centre Zone.

6. The variation to the loading and unloading requirements of Clause 52.07 of the Kingston Planning Scheme is considered unreasonable.



Trim: IC14/140 318


APPLICANT Contour Town Planners

ADDRESS OF LAND 2-6 Railway Road, Cheltenham

PLAN OF SUBDIVISION

REFERENCE

Lot B on PS 426600A

PROPOSAL Develop the land for the construction of a Mixed Use

Development comprising 115 dwellings and a retail

premises in a Special Building Overlay, removal of

easements, reduction in the car parking requirements

and the waiver of the loading requirements

PLANNING OFFICER Jeremy Hopkins


ZONE Clause 37.08 – Cheltenham Activity Centre Zone

OVERLAYS Clause 44.05 – Special Building Overlay

PARTICULAR PROVISIONS Clause 52.02 – Easements, Restrictions and

Reserves

Clause 52.06 – Car Parking

Clause 52.07 – Loading and Unloading of Vehicles

Clause 52.34 – Bicycle Facilities

Clause 52.35 – Urban Context Report and Design

Response for Residential Development for Four or

More Storeys

Clause 52.36 – Integrated Public Transport

OBJECTIONS One (1)

CONSIDERED PLAN


Plans prepared by doig.architecture Pty Ltd

referenced as Job No. 21307 and submitted to Council

on 15 August 2013 and 24 October 2013

ABORIGINAL CULTURAL

HERITAGE SENSITIVTY

No




2.1 The site is generally rectangular in shape with a frontage to Railway Road of 45.72m, a side depth to the laneway of 34.53m, resulting in a site area of 1579m2. It currently contains a double storey brick commercial building a single storey saw-tooth brick building, which has recently been used for parking of vehicles in association with the previous use of the subject site as an office.

2.2 The land is generally flat with only a very slight fall from northwest to southeast of approximately 400mm. The land is void of any vegetation.

2.3 The land is encumbered by a number of easements including a 1m wide easement that splays 2.52m wide at the laneway in favour of Melbourne Water and extends along the northern portion of the subject site. The land is also encumbered by a party wall easement



Trim: IC14/140 319

that extends along the eastern boundary and a electricity and substation easements in favour of United Energy along the Railway Road frontage. There appears to be no restrictions listed on the Certificate of Title.


3.1 The subject site is located within the Cheltenham Major Activity Centre and is surrounded by a variety of commercial and civic uses including local shopping, medical centres, offices and civic uses, such as the Kingston City Council municipal office. The surrounding area is bound by the Nepean Highway to the east and the Melbourne to Frankston railway line to the west. Cheltenham Railway Station is located 150m to the southwest of the subject site. Buildings are generally single or double storey in scale, although there are examples of buildings ranging in height up to eight (8) storeys, most notably being the Kingston City Council municipal office.


North:

To the north of the subject site, at 10-12 Park Road is a three-storey mixed use development containing shops at ground floor and dwellings at first and second floor. The building is constructed of concrete tilt panels and complex hipped concrete tiled roofing. Vehicular access to the site is via the laneway running along the western side boundary of the site.

East:

To the east of the subject site, at 1228 Nepean Highway, planning approval has been granted for a nine (9) storey mixed use development comprising one hundred and ninety (190) dwellings and showrooms at ground floor. The site is currently vacant and works are anticipated to commence on the proposed development within the first half of 2014.

South:

To the south of the subject site, at 7 Station Street is a multi-level concrete car park. The ground floor is 2 hour time restricted, whilst the first and second floor is for the exclusive use of Council and Australian Pacific Tours (APT) employees who work in the adjoining office and civic building at 1230 Nepean Highway, Cheltenham. Vehicular access to the multi-level car park is from Railway Road, Station Street, and Park Lane.

West:

To the west of the subject site, is a laneway connecting Park Road to Railway Road with one-way traffic in a southerly direction. The laneway adjoins fine grain single storey retail premises, which front to Charman Road. Many of these businesses undertake loading and unloading via the laneway. The laneway is sealed and is constructed of concrete and is approximately 3m in width.

4.0 PROPOSAL

4.1 It is proposed to demolish the existing commercial building and construct a ten (10) storey Mixed Use Development building comprising one hundred and fifteen (115) dwellings, 64m2 of retail floor space, and a caretaker's residence on this site. Each floor will contain the following:



Trim: IC14/140 320

4.2 Basement Level 1:

Basement floor 1 will comprise forty-seven (47) car parking spaces two (2) lifts, and stairwell. A wall mounted bicycle rack would be provided to each car parking space.

4.3 Ground Floor:

The ground floor would comprise:

One (1) Retail Premises with a floor area of 64m2 with direct access from Railway

Road;

A caretaker’s residence comprising two (2) bedrooms, open plan living/dining/kitchen

area, and secluded private open space courtyard measuring approximately 8.4m2;

A lobby area with direct access to Railway Road providing access via two (2) lifts and

stairwell to the one hundred and fifteen (115) apartments above;

At grade car parking with access from Railway Road comprising twenty-three (23) car

parking spaces;

Visitor bicycle room providing provision for twenty-three (23) racks;

A room containing fourteen (14) 2m3 storage cages; and

Amenities including a refuse area, water pump room, fire services pump room, main

switch room, substation, and telecommunications (NBN) room.

4.4 Level 1:

Level 1 would comprise forty-eight (48) car parking spaces (each with wall mounted bicycle

racks).

4.5 Level 1 Mezzanine:

Level 1 Mezzanine would contain tandem car parking for eight (8) cars in four (4) tandem

spaces, and one hundred (100) 2m3 storage cages.

4.6 Level 2:

Level 2 would comprise of fifteen (15) dwellings. Each dwelling would contain two-

bedrooms with eight (8) dwellings containing two (2) bathrooms, and the remaining nine (9)

dwellings containing one (1) bathroom. Each dwelling would also contain an open plan

living/dining/kitchen area, European laundry, and a balcony ranging in size from 4.7m2 to

19.5m2. Direct access would be provided to a large residential courtyard for the exclusive

use of the residents.

4.7 Level 3:

Level 3 would comprise of fourteen (14) dwellings. Each dwelling would contain two-

bedrooms with five (5) dwellings containing two (2) bathrooms, and the remaining nine (9)

dwellings containing one (1) bathroom. Each dwelling would also contain an open plan

living/dining/kitchen area, European laundry, and a balcony or terrace ranging in size from

4.7m2 to 40.9m2.



Trim: IC14/140 321

4.8 Levels 4 to 8:

Level’s 4 to 8 would be identical and each floor would comprise of fourteen (14) dwellings.

Each dwelling would contain two-bedrooms with five (5) dwellings containing two (2)

bathrooms, and the remaining nine (9) dwellings containing one (1) bathroom. Each

dwelling would also contain an open plan living/dining/kitchen area, European laundry, and

a balcony ranging in size from 4.7m2 to 14.6m2.

4.9 Level 9:

Level 9 would comprise of fifteen (15) dwellings. Two (2) dwellings would be in a double-

storey layout (located on Levels 9 & 10); with five (5) dwellings containing two (2)

bathrooms and the remaining nine (9) dwellings containing one (1) bathroom. Each

dwelling would contain an open plan living/dining/kitchen area, European laundry, and a

balcony ranging in size from 4.7m2 to 14.6m2.

4.10 Level 10:

Level 10 would comprise two (2) dwellings, being the upper level of apartments 9 & 10

located on Level 9. These dwellings would contain two (2) bedrooms, ensuite and separate

bathroom each. Apartment 9 would also enjoy a 6.6m2 balcony accessed from the

bedroom.

One hundred and twenty-two (122) car parking spaces are proposed for the mixed use

development to be allocated exclusively for the dwellings, with no car parking allocated for

visitors or for the retail premises. All car parking spaces would be provided at grade with

no mechanical systems proposed.

4.11 The proposed building would be constructed of precast concrete tilt-up panels in various

painted finishes; aluminium framed bronze, clear and grey tinted glazing; white metal

louvered sunscreens, and Colorbond roof cladding.

4.12 The proposal has an overall building height of approximately 33.5m to the southwest

corner design treatment; and would be constructed to the road frontage of Railway Road

and the laneway running along the western side boundary of the subject site.

4.13 No external advertising or business identification signage is proposed as part of the

planning permit application.

4.14 The application proposes the removal of various easements that apply to the subject siteon

Plan of Subdivision PS426600A, including:

E-1 – Party wall easement;

E-3 – Electricity Supply easement in favour of United Energy Limited; and

E-4 – Carriageway Easement in favour of United Energy Limited.



Trim: IC14/140 322


Zone

5.1 Activity Centre Zone: Pursuant to Clause 37.08-5 of the Kingston Planning Scheme, a planning permit is required to construct a building or construct and carry out works.

5.2 Activity Centre Zone: Pursuant to Part 3.0 of Schedule 1 of the Activity Centre Zone, a planning permit is required to use the land for a Retail Premises within Precinct 2.

Overlay

5.3 Special Building Overlay: Pursuant to Clause 44.05 of the Kingston Planning Scheme, a planning permit is required to construct a building or construct and carry out works.


5.4 Easements, Restrictions and Reserves: Pursuant to Clause 52.02 of the Kingston Planning

Scheme a planning permit is required to remove an easement.

5.5 Car Parking: Planning Scheme Amendment VC90, introduced into the Kingston Planning

Scheme on 5 June 2012 contains the following car parking rates at Clause 52.06:

- 1 space to each 1 or 2 bedroom dwelling; - 2 spaces to each 3 or more bedroom dwelling; - 1 visitor space for every 5 dwellings; and - 4 spaces to each 100m2 of leasable floor area for a shop.

This equates to a parking requirement of one hundred and forty nine (149) spaces (including twenty three (23) visitor spaces) for the proposed development. As one hundred and twenty-two (122) car parking spaces are proposed, a planning permit is required pursuant to Clause 52.06-3 to reduce the car parking requirement.

5.6 Loading and Unloading of Vehicles: Pursuant to Clause 52.07 of the Kingston Planning Scheme, a planning permit is required to waive the requirements of the scheme.

5.7 Bicycle Facilities: Pursuant to Clause 52.34 of the Kingston Planning Scheme, in developments of four or more dwellings 1 bicycle space is required for each 5 dwellings; together with 1 bicycle space for each 300m2 of net floor area of retail premises. In this instance a minimum of twenty-four (24) bicycle spaces will be required. With the development proposing a total of one hundred and thirty eight (138) bicycle spaces, the minimum requirements under Clause 52.34 of the Kingston Planning Scheme is well exceeded.

5.8 Urban Context Report and Design Response for Residential Development for Four or More Storeys: Pursuant to Clause 52.35-01 of the Kingston Planning Scheme, a planning permit application for a residential development of five or more storeys in another zone must be accompanied with a urban context report and a design response, which has been submitted with this planning permit application for the proposed mixed use development.

5.9 Integrated Public Transport: Pursuant to Clause 52.36-1 of the Kingston Planning Scheme, an application for a residential development comprising sixty (60) or more dwellings on a lot must be referred in accordance with Section 55 of the Act to Public Transport Victoria.



Trim: IC14/140 323

General Provisions




Clause 11 Settlement;

Clause 15 Built Environment and Heritage;

Clause 16 Housing; and

Clause 17 Economic Development.


Clause 21.05 Residential Land Use; and

Clause 21.06 Retail and Commercial Lane Use.

Other

6.3 Neighbourhood Character Area Guidelines (Incorporated Document under Clause 21.05 – Residential Land Use of the LPPF). The land is located within Area 11 of the Neighbourhood Character Guidelines.

6.4 Design Contextual Housing Guidelines (April 2003 – reference document within Clause 22.11 – Residential Development Policy). The Design Contextual Housing Guidelines offer a range of design techniques and suggestions to assist with residential design, which is responsive to local character.

7.0 ADVERTISING

7.1 Pursuant to Clause 7.0 of Schedule 1 to the Activity Centre Zone, the use of the land and the construction and carrying out of works within Precinct 2 is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Planning and Environment Act 1987. However, as the proposed development exceeds the maximum building heights listed at Clause 5 of the Schedule, this exemption does not apply in this instance.

7.2 The proposal was advertised by sending notices to adjoining and opposite property owners and occupiers and by maintaining two (2) notices on site for fourteen (14) days. One (1) objection was received from Moorabbin Airport objecting to the proposed height of the building. Please refer to Part 10.1 of this Report for further discussion on Moorabbin Airports concerns.


8.1 No consultation meeting was held, however, discussion took place between the Applicant

and Moorabbin Airport in relation to the further approvals required outside of the planning

permit process to allow for the building height to exceed 58m AHD. Please refer to Part

10.1 of this Report for further discussion.



Trim: IC14/140 324


9.1 It is these plans that form the basis of this recommendation and are described at section 4 of this report.

10.0 REFERRALS


Council’s Development Engineer – raised no objection to the application, subject to conditions included on any permit issued relating to stormwater management, removal of easements and reconstruction of the abutting laneway.

Council’s Vegetation Management Officer – raised no objection to the application, subject to conditions included on any permit issued relating to the submission of a landscaping plan for approval by the Responsible Authority on any permit issued.

Council’s Urban & Sustainable Design Adviser – is generally supportive of the proposal subject to a revised Sustainable Management Plan (SMP) to be submitted for approval with any permit issued and for internal changes to the reduce the number of bedrooms relying on borrowed light. The written referral comments in full are as follows:

Application Main Commitments

The following commitments are acknowledged and the applicant is commended for incorporating a number of best practice initiatives:

o Ventilation louvers to corridors;

o Specification of low VOC materials and finishes;

o Commitment to materials with high solar emittance;

o Passive design by specification of high performance insulation and provision of

shading;

o Energy efficient reverse cycle split units;

o Energy efficient lighting system including occupancy and daylight controls;

o Water efficient fixtures and fittings;

o Bicycle parking for 141 bicycles;

o FSC certified construction timber and timber finishes; and

o Dual bins to apartment kitchens

Application Main Issues

o 76 of the proposed 115 apartments include rooms that rely on borrowed light,

resulting in a poor outcome in relation to indoor environment and occupant amenity. This represents 66% of the total apartments proposed. This is an unsatisfactory outcome and it is recommended that the applicant amend the proposal to improve indoor environment quality.

o Provide a landscape plan, indicating indigenous species to be used within the

proposal.

o Revise the SMP to reflect any changes, and for consistency with the application

drawings, including: Provide specific commitment to natural ventilation strategies, e.g. natural

ventilation of lift lobbies and car park.



Trim: IC14/140 325

Provide specific commitment to the use of solar hot water within the proposal, and remove the reference to ‘construction’ of solar hot water within the introduction.

The STORM assessment indicates that harvested rainwater will be used for irrigation only. The recommended plumbing of the rainwater tanks to a year round use such as toilet flushing. Revise the documents for consistency. Indicate location of rainwater tank and plumbing on the application drawings.

o Revise the application drawings to reflect any changes, and for consistency with

the SMP, including: Indicate all ESD features on the application drawings, including location of

rainwater tanks, solar hot water panels, shading devices, notation regarding energy efficient lighting systems, energy efficient hot water system, energy efficient heating and cooling, water efficient fixtures, FSC certified timber.

Revise the area nominated as bicycle storage on the application drawings to indicate adequate dimensional clearances. Indicate type of bicycle storage racks on the application drawings.

Bicycle storage above car bonnet is not a good outcome as it is difficult to access. Revise the proposal to include more accessible secure bicycle storage for residents. Indicate location and type of bicycle storage on the application drawings.

It is not clear from the application drawings how recycling will be managed, as only one chute has been indicated. Revise the proposal to allow for effective handling of recyclables during operation.

The SMP refers to hard waste and charity bin disposal. Indicate the storage area for these bins on the application drawings.

o The STORM assessment indicates that the rainwater tank will receive water from

paved areas and roof. Water draining from paved areas is not suitable for harvesting in a rainwater tank. Revise documents to include water draining from roof only to rainwater tank.

o The STORM assessment indicates that rain gardens will be included in the

proposal. Provide construction details and maintenance information for proposed rain gardens. Indicate location and size of proposed rain gardens on application drawings.

o Provide preliminary energy rating.

The written referral comment also includes a number of recommendations to improve the environmental performance of the proposal, which have been included as a note on any permit issued. As discussed under Part 12 of this Report, the internal layout of the dwellings are considered to be functional and provides for at least one (1) of the bedrooms to each dwelling to have direct access to sunlight and not rely on borrowed light. Each dwelling will be acceptably ventilated and provided with direct access to external balconies.

Council’s Urban Designer and Place Manager Activity Centre – raised no objection to the application, subject to conditions recommended on any permit as outlined in the referral comments below:

Active Frontage on Railway Road

The subject site is located within an Activity Centre Zone and on a streetscape that accommodates high levels of pedestrian traffic. Accepted Urban Design principles recommend that the buildings is such locations should maximise opportunities for activity along ground level frontages through the provision of commercial uses. I have concerns with the level of activation provided along the developments frontage to Railway Road, which does not provide a level of activation that would normally be



Trim: IC14/140 326

acceptable for a development of this nature in this location. I have particular concerns with the location of the bicycle room and caretakers apartment, which will not provide visibility into the building from the street and can allow for passive surveillance opportunities onto Railway Road. Further, the tenancy is located some distance from the street edge behind a ramp and garden bed, with a very narrow entrance at the top of the ramp (not sure if this would meet the relevant Australian Standard). I fail to see how this tenancy can contribute much to the wider streetscape from this location. It is unclear from the plans as to the street level materials for the bike room, substation, and vehicle entrance (shown as perforated mesh). Recommendation: Reconfiguration of the ground floor that includes the deletion of the caretakers apartment, swapping of the building entry and tenancy to allow for an larger commercial tenancy on the street edge, which can provide greater street activation to Railway Road. Additionally, comments should be sought from Council’s traffic department in regard to the sightlines of vehicle exiting the laneway particular with regards to the ramp and garden bed locations. Detailed materials schedule provided for the ground level southern location. Materials

While it is noted that an attempt has been made to activate the building in the round for levels 2-9 on the northern elevation, I would recommend a treatment similar to the western elevation to allow for a consistent architectural language across the whole building (more in line with our original thinking). Communal POS area

Access to the communal open space area for the residents of the proposed building is poor. Accepted UD principles recommend that such space should provide clear view lines into the communal spaces and be provided with facilities that support the use of the space, such as access to a kitchen/ taps, toilet etc. There is no apparent justification for this variation from good practice. Recommendation: Deletion of the apartment 01 and reconfiguration of this space to open the entrance to the communal open space area and provide communal toilets and kitchen facilities to provide for the optimal use of communal social activities. Secluded Private Open Space Areas

Private open space for individual units requires review with provision of as little as 4 square metres in a number of instances. An unacceptably large number of units have less than 8 square metres of private open space. Again, there is no apparent justification for this variation from good practice. Recommendation: Amend plans to provide for a minimum of 8 square metres for each dwelling. Construction of Council Assets

If a permit is issued, the permit holder is required to construct at their own cost, the streetscape works along the development’s sites frontage, as outlined in the Cheltenham Streetscape Plan to the satisfaction of the Responsible Authority. The requested changes to the design of the proposed building have been recommended as conditions on any permit issued.



Trim: IC14/140 327

Council’s Roads & Drains Officer – raised no objection to the application, subject to conditions included on any permit issued relating to asset protection.

Council’s Traffic Department – raised no objection to the proposed development subject to a number of design changes to the access and internal car park, together with a requirement to increase the number of car parking spaces and a loading bay. These comments are provided below:

Vehicle Access

o The up ramp or entrance to the level 1 car park located on ground level near the

main entrance to the car park must be redesigned, to allow a better entrance angle, reduce conflict and minimise queuing on Station Road. (The sight line at the entrance of the car park, where the up ramp (leading to Level 01 car park) and down ramp (leading to basement car park) meets, is not ideal. Driver exiting from level car park will have difficult detecting vehicles exiting from basement car park, as the field of vision is severely limited by the angle that these two ramps are intersected. While applicant’s traffic engineer has shown that vehicle can access into the Level 1 car park using the up ramp provided, it is considered that the ramp, being 5.2m wide, is too narrow to allow two-way traffic and egress vehicles have to drive closely abutting the right side of the ramp to have sufficient room to swing to exit. This is not an acceptable arraignment, as can be challenging for both regular users and visitors. Given that the current access to level 1 car park is essentially a single lane two-way access; a design should emphasis this and guide motorists to facilitate safe movements. It is also important to ensure that queuing on Station Road is minimised, as a result, ingress should be given priority over egress. A hold and release system using traffic signal can be considered for level 1 car park to minimise conflict.) All ramps must have low protective walls that are less than 1.0m in height.

o All ramps must not encroach into the manoeuvring aisle, including near space 1,

2, 12, 13, 47 and 48 of Level 1 Lower and Level 1 Upper.

o The secure roller door must be setback at least 5.4m from the site boundary to

provide a holding area for ingress vehicle in order to minimise queuing on Railway Road and/or vehicle blocking the pedestrian footpath.

o The proposed development must fund to upgrade, the section laneway abutting

the site’s western boundary and the section of northern part of Railway Road, which fall within the area covered by the site boundary. This may include street furniture such as speed hump, indented parking bay and traffic island which are part of the Cheltenham Activity Centre Master Plan.

o A head room of 2.2m must be provided at the all ramps and internal circulation

ways in accordance with Australian Standard.

o Columns must not be located in the manoeuvring aisle.

o At blind aisles, the aisle shall be extended a minimum of 1m beyond the last

parking space in accordance with Australian Standard.

o A corner splay or area clear of visual obstruction, extending at least 2m along

the frontage road from the edge of the driveway and 2.5 metres along the driveway from the frontage, must be provided for all the proposed driveways and at the east side of the laneway abutting western boundary of the site. This area clear of visual obstructions may include 1.2m fence, fence higher than 1.2m with 50% clear visual obstruction, vegetation less than 900mm or tree greater than 1.8m. This is to provide a clear view of pedestrians on the footpath, as vehicles exit the site.

Pedestrian Access



Trim: IC14/140 328

o The proposed development must ensure that, the formation of the footpath along

Railway Road and the transition from the footpath to the main pedestrian entrance are DDA compliance.

o Pedestrian access from the Ground Level Lower car park to the lift must be

accessible and the stair must be replaced with ramp.

o Pedestrian access from the Basement 01 Lower car park to the lift must be

accessible and the stair must be replaced with ramp.

o Handrails must be provided for all pedestrian ramps.

o All corridors serving the units must be 1.8m wide.

o The corridor leads to the court yard must be 1.8m wide.

o One set of stair is not sufficient for emergency evacuation purpose, one

additional set is required.

o Disabled access from a pedestrian entrance is required to at least one floor

containing sole-occupancy units and to the entrance doorway of each sole-occupancy unit located on that level, in accordance with Disability (Access to Premises – Buildings) Standards 2010.

o The proposed Substation must not have directed access to the footpath on

Railway Road.

o The proposed plan must show the gradient of the ramp that leads to the refuse

area.

Parking

o The proposed development must provide a total of 139 parking spaces on site,

including 14 visitor parking spaces, 124 residential parking spaces and one shop parking space. The provision 118 parking spaces fall short by 21 spaces, and must be provided on site.

o Visitor Parking (Council’s parking survey conducted in May 2013 and October

2009 concludes that parking spaces in Cheltenham Activity Centre have a high usage (80-90%) between 11am and 3pm. International research suggests a maximum occupancy rate of 85% is optimum for the management of car parking and results in high accessibly. Traffic does not agree that Cheltenham Station commuter carpark should be used as part of the inventory to supply the parking shortfall. It is considered that the analysis of visitor parking demand (page 20 of Ratio’s TIA dated October 2013) has its merit, despite the lack of detailed information about the survey used to justify the analysis. Given all the above, Traffic supports a provision of 14 visitor parking spaces on site against the required 23 spaces in the Planning Scheme).

o Residential parking (applicant’s traffic engineer did not justify the shortfall of

residential parking provision, as a result 124 residential parking spaces are required to be provided on site.).

o Shop parking (Traffic accepts the justification given by applicant’s traffic engineer

and one parking space is to be provided on site for the shop.).

o Visitor parking spaces must be clearly marked and guided. If necessary, an

intercom system should be positioned to enable visitors to access them.

o The proposed development must provide a minimum of two disabled parking

spaces on-site in accordance with Australian Standard with a headroom clearance of 2.5m. These disabled parking spaces must be close to main pedestrian access points. It is also recommended that these spaces to be included as part of the visitor parking provision.



Trim: IC14/140 329

o Car space next to walls shall add 100mm in width in accordance with Australian

Standard.

o All visitor bicycle racks must not require users to left their bicycles to secure

them.

o The dimension of each bicycle parking space must be designed in accordance

with the Planning Scheme, i.e. 1.7m in length, 1.2m in height and 0.7m in width at the handlebars.

o The proposed bicycle racks on top of all the parking spaces are not practical to

use, as they will affect the height clearance of these parking spaces and can also be hard to reach as well. These bicycle racks must be removed, and a more practically arrangement must be provided in accordance with the Planning Scheme requirement.

o The visitor bicycle room must be secured, safe and well-lit.

o Turning template plan (Ratio) for parking space 3 of Ground Level Lower

(11546AT-GF / MW) shows the detail near stairway differently to the actual plan of that level, as there is an additional set of stairs which is missing in the turning template plan.

o Future residents are ineligible for residential parking permits.

Loading

o The proposed development must provide on-site loading space that is safe and

convenient to use, as there is a lack of suitable loading area in the close vicinity of the site. (Cheltenham Activity Centre Master Plan does not provide loading on Railway Road, and vehicle cannot load and unload in the laneway abutting western boundary of the site. It is essential to provide a suitable loading bay on-site, given that a noticeable amount of loading activities would be expected for house moving. Applicant may consider provide a loading area adjacent to the existing laneway abutting the western boundary of the site. The loading space must be at least 3.5m wide, 7.6m long and have a height clearance of 4m in accordance with the Planning Scheme. )

Construction

o The proposed development must provide a construction plan and relevant traffic

management plans that cover all aspect of the work including demolition, site preparation and construction. A drafted construction plan must also take into account of the development next door.

o Station Road will be changed to a one-way only (eastbound) road according to

the master plan of Cheltenham Activity Centre. A drafted construction plan must also assume this road arrangement when considering vehicle movements.

Waste

o A more detailed waste management plan must be submitted for review, which

should include the size of waste collection vehicle (width, length and height), the path which the bins will be transport to the vehicle and the dimension of the equipment which will be used to transfer the bins.

o It is considered that parking in front of the development on Railway Road cannot

be secured for waste collection vehicles; as a result, waste collection must be conducted on site.

In this instance, many of the above requested design changes to the proposal are considered reasonable and have been included as conditions on any permit issued. However, as per the discussion below under Parts 11.21 & 11.22 of this Report, it is considered unreasonable to require a loading bay facility given there is only one (1)



Trim: IC14/140 330

modestly sized ground floor retail premises and any loading bay would effective result in a reduction in activation to the Railway Road interface. Each dwelling would be provided with a car parking space and a bicycle rack together with additional visitor cycle parking well in excess of the planning scheme requirements. For an assessment of the car parking reduction, please refer to Part 11.21 of this Report.

Council’s Waste Management Officer – did not provide any comments at the time of writing this report. Nevertheless, a condition is recommended on any permit issued for a Waste Management Plan to be submitted to Council for approval prior to the commencement of any buildings or works on site.

Council’s Municipal Building Surveyor – did not provide any comments at the time of writing this report.


Public Transport Victoria – raised no objection to the application, and did not require the imposition of any conditions on any permit issued.

Melbourne Water – raised no objection to the amended plans dated 24 October 2013, subject to conditions included on any permit issued relating to stormwater management, and specified minimum ground floor level heights, apex height to the basement car park, and minimum heights of doors, vents and openings to the basement car park to prevent the basement from flooding.

Moorabbin Airport – provided written advice objecting to the proposal, as the development exceeds 58m AHD. In response to the objection, discussions were held between the Applicant and Moorabbin Airport, with the following response being provided from the Applicant:

You have requested that we provide an update regarding the objection from Moorabbin Airport and how this is being dealt with.

In response, we confirm that our client has engaged Rehbein Airport Consulting to undertake an assessment and against the Moorabbin Airport airspace controls and, if necessary, to obtain the necessary regulatory approvals from CASA and Airservices to construct works above RL 58.00 AHD. The engagement of Rehbein Airport Consulting was made on the recommendation of Anthony John Wackrow from Moorabbin Airport.

We note that there are no planning controls affecting the site which govern airspace requirements. Moreover, there is a planning control which contemplates a building height of what has been applied for, being the ACZ1. As such and putting the airspace matter aside, should Council consider that the proposal is worthy of planning approval having regard to the relevant provisions of the Planning Scheme, we suggest that Council may proceed with granting planning approval for the proposed works above RL 58 AHD.

The approval for works within the restricted airspace is a separate approvals process and will be applied for separately.

To this end, Council may wish to include note on the permit which states that the planning permit does not approve buildings and works within restricted airspace, and that separate approval from CASA, Airservices and / or other regulatory bodies for works within restricted airspace may be required prior to development commencing.



Trim: IC14/140 331

As the requirements of CASA and Airservices Australia are outside of the planning process, it is considered reasonable to require a note on any permit issued flagging that any building exceeding 58m AHD will require separate approvals from CASA and/or Airservices Australia.

United Energy – raised no objection to the removal of the various redundant United Energy easements that apply to the site, subject to a condition included on any permit issued.



11.1 The State Planning Policy Framework sets out the relevant state-wide policies for residential development at Clause 11 (Settlement), Clause 15 (Built Environment and Heritage) and Clause 16 (Housing). Essentially, the provisions within these clauses seek to achieve the fundamental objectives and policy outcomes sought by the Metropolitan Strategy – ‘Melbourne 2030’ and its recent update ‘Melbourne @ 5 Million’, which have been removed from an individual clause and integrated throughout the State Planning Policy Framework.



o Opportunities for the consolidation, redevelopment and intensification of

existing urban areas;




11.3 Clause 11.01-1 aims to build up activity centres as a focus for high-quality development,

activity and living for the whole community by developing a network of activity centres.









conservation of places of Aboriginal cultural heritage significance. The Subject Land is not

identified in an area of Aboriginal Cultural Heritage Sensitivity.



Trim: IC14/140 332






and services.

11.8 The policies contained within Clause 16.01-4 encourage the provision of a range of

housing types to meet the increasingly diverse needs of the community. Emphasis is

placed on development of well-designed medium density housing with respect to

neighbourhood character. Further, this Clause aims to make better use of the existing

infrastructure and provide more energy efficient housing.








11.10 Policies which aim to foster economic development and growth can be found at Clause 17

of the State Planning Policy Framework. Of particular relevance to the subject application,

Clause 17.01-1 aims to encourage development which meet the communities’ needs for

retail, entertainment, office and other commercial services and provides net community

benefit in relation to accessibility, efficient infrastructure use and the aggregation and

sustainability of commercial facilities.

11.11 It is submitted that the proposed mixed use development satisfies the aforementioned

State strategies and policy direction. Specifically, the subject site is located within an

activity centre where increased housing densities are encouraged. The provision of a

ground floor retail premises will ensure that a continuous retail strip is retained and

enhanced. The development also meets the objectives and strategies of Clause 11.01

insofar as a high quality development and close to all facilities. The development itself is

consistent with the provisions contained within Clause 15 pertaining to urban design. It

should be noted that Council’s Place Manager – Activity Centres is supportive of the

proposal.


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



diversity and cater for the changing housing needs of current and future populations, taking account of the capacity of local areas in Kingston to accommodate different



Trim: IC14/140 333

types and rates of housing change. This is to be achieved through encouraging residential development within activity centres via mixed-use development, and on transitional sites at the periphery of activity centres.

o To ensure new residential development respects neighbourhood character and is site

responsive, and that medium density dwellings are of the highest design quality. This is to be achieved through promoting new residential development, which is of a high standard, responds to the local context and positively contributes to the character and identity of the local neighbourhood.

o To promote more environmentally sustainable forms of residential development. To be

achieved through promoting medium density housing development in close proximity to public transport facilities, particularly train stations.




capacities.

11.14 Council’s Local Planning Policy at Clause 21.05 essentially reinforces State Planning Policy relevant to housing, stressing the need to encourage urban consolidation in appropriate locations and to accommodate projected population increases.

11.15 Clause 21.06 Retail and Commercial Land Use states that a key challenge is in ensuring the ongoing sustainability of Kingston’s activity centres. It also notes the importance of strip shopping centres in contributing to the city’s retail scene, and states the need for new retail proposals to underpin and not undermine these centres.

11.16 It is considered that the proposed development satisfies the State and Local Planning

Policy Framework guidelines which aim to encourage well-designed medium density shop-

top housing, and enhance and refurbish existing commercial premises within activity

centres.

Zone Provisions

11.17 The subject site is located within the Activity Centre Zone. The purpose of the Activity

Centre Zone is:

To implement the State Planning Policy Framework and the Local Planning Policy


To encourage a mixture of uses and the intensive development of the activity centre:

o As a focus for business, shopping, working, housing, leisure, transport and

community facilities.

o To support sustainable urban outcomes that maximise the use of infrastructure

and public transport.

To deliver a diversity of housing at higher densities to make optimum use of the

facilities and services.

To create through good urban design an attractive, pleasant, walkable, safe and

stimulating environment.

To facilitate use and development of land in accordance with the Development

Framework for the activity centre.

11.18 The subject site is located within Sub-precinct 2B – Nepean Highway West Business Edge

of the Cheltenham Activity Centre. The precinct objectives are:



Trim: IC14/140 334

To develop the precinct as a consolidated focus for commercial and employment

services and residential opportunities and associated activities.

Ensure all development along the highway provides a strong commercial podium of

two levels to reinforce the commercial nature of the precinct.

To create a gateway to Cheltenham.

Encourage high quality landscapes along street frontages to maintain an open street

setting.

The precinct guidelines are:

To enhance the interface of heritage places by ensuring development maintains an

appropriate scale and transitioning in height.

Provide adequate setbacks to heritage features.

Encourage and create internal public links throughout the precinct to connect streets,

the Charman Road retail core and Cheltenham Station.

Ensure a consistent commercial podium building edge of two levels to the Nepean

Hwy.

Encourage upper level variations to the setbacks above the commercial podium along

Nepean Highway to improve the urban design outcome, and add vitality and improve

public safety of the public spaces below.

Ensure a consistent building edge to the Nepean Hwy by preventing vehicle access

except for sites north of Park Road where access is encouraged from the Nepean Hwy

service lane.

Develop unique gateway buildings at the intersections of Nepean Hwy and Charman

Road, Nepean Hwy and Park Road and Nepean Hwy and Station Road, Cheltenham.

Develop gateway buildings by adopting larger scale form and presenting to the street

corners with strong, bold and striking contemporary architecture.

Any new development should be sympathetic to the scale of the surrounding

residential neighbourhood.

Prevent vehicle access from main roads except for sites north of Park Road where

access is encouraged from the Nepean Hwy service lane.

Development should recognise heritage elements and be appropriately setback from

heritage features within the precinct.

New boulevard treatments should be designed to highlight and reflect the precinct’s

functions.

Pursuant to Part 5.2-3 (Sub-precinct 2B) of Schedule 1 of the Cheltenham Activity Centre

Zone, the maximum building height (excluding basements) is 28 metres (6-7 storeys) with

no specified setbacks. Part 4.4 of Schedule 1 of the Cheltenham Activity Centre Zone

allows for the building height to be exceeded in circumstances where it can be

demonstrated that the precinct objectives and guidelines are met.

The application proposes a building of approximately 33.5 metres in height over ten (10)

storeys (excluding the basement), resulting in a variation to the building height by 5.5

metres and three (3) storeys. In this instance, the variation to the building height is

considered acceptable and does not conflict with the precinct objectives and guidelines.

Furthermore, the proposed design response is considered to accord with the precinct

guideline of developing ‘gateway buildings by adopting larger scale form and presenting to

the street corners with strong, bold and striking contemporary architecture’. It is also noted

that the height of the proposed building at 33.5 metres (64.22 metres to Australian Height



Trim: IC14/140 335

Datum (AHD)), would be only 1.62 metres taller than the height (62.6 metres AHD) of the

City of Kingston Municipal Offices at 1230 Nepean Highway located approximately 47

metres to the east of the subject site.

Council’s Urban Designer and Place Manager Activity Centres are both supportive of the

proposal subject to conditions recommended on any permit issued for the north elevation

to be further activated through a similar treatment to the western elevation to allow for a

consistent architectural language for the whole building.

Pursuant to Clause 37.08-5 of the Kingston Planning Scheme, and Part 3.0 of Schedule 1

of the Cheltenham Activity Centre Zone, a planning permit is required to construct a

building or construct and carry out works, and to use the land for a Retail Premises within

Precinct 2.

The development proposes a ground floor tenancy measuring 64m2 to be used as a Retail

Premises. In this instance it is considered that the proposed Retail Premises would

complement the existing commercial uses within the vicinity and would contribute towards

activating the ground floor Railway Road frontage of the subject site, supporting the

objective of the zone ‘as a focus for business, shopping, working, housing, leisure,

transport and community facilities’. Conditions are recommended on any permit issued

ensuring that the proposed Retail Premises does not adversely impact on the amenity of

the future occupants of the proposed dwellings.

By virtue of the proposed Caretaker’s Residence and Dwellings being a Section 1 – No

Permit Required Uses within Schedule 1 to the Activity Centre Zone, these uses are

considered to comply with the intent of the zone and objectives of Precinct 2. To ensure

appropriate activation of the ground floor road frontage to Railway Road is achieved, a

condition is recommended on any permit issued requiring the deletion of the caretakers

residence from the ground floor with the additional floor space to be used to increase the

size of the retail premises.

Overlay Provisions

11.19 The subject site is located within a Special Building Overlay. The purpose of this Overlay is to:

To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.

To identify land in urban areas liable to inundation by overland flows from the urban drainage system as determined by, or in consultation with, the floodplain management authority.

To ensure that development maintains the free passage and temporary storage of floodwaters, minimises flood damage, is compatible with the flood hazard and local drainage conditions and will not cause any significant rise in flood level or flow velocity.

To protect water quality in accordance with the provisions of relevant State Environment Protection Policies, particularly in accordance with Clauses 33 and 35 of the State Environment Protection Policy (Waters of Victoria).

11.20 The proposal complies with the Overlay’s relevant Decision Guidelines and is deemed appropriate for the following reasons:



Trim: IC14/140 336

Written advice from Melbourne Water dated 24 September 2013 confirms that the

proposed development would not be subject to flooding from Melbourne Water’s

drainage system and does not object to the proposal; and

The proposed development has been designed so as not to be liable to inundation by

overland flows from the urban drainage system.


11.21 Clause 52.02 – Easements, Restrictions and Reserves

The application proposes the removal of the existing easements shown on the applicable

Plan of Subdivision known as:

E-1 – Party wall easement;

E-3 – Electricity Supply easement in favour of United Energy Limited; and

E-4 – Carriageway Easement in favour of United Energy Limited.

Clause 52.02 of the Kingston Planning Scheme requires that the responsible authority

must consider the interests of affected people. In this instance, United Energy Limited and

the adjoining property owner who benefits and is burdened by the party wall easement

have been notified of the application to remove the applicable easement. Both parties have

not objected to the removal of the easements and therefore it is considered reasonable to

consent to the removal of the easements. A condition is included on any permit issued

requested by United Energy for an agreement to be entered into for an extension, upgrade

and/or re-arrangement of the current electricity supply to the land.

11.22 Clause 52.06 – Car Parking

The proposed mixed use development makes provision for one hundred and twenty-two (122) on site car parking spaces, whereas the Table 1 – Car Parking Requirement pursuant to Clause 52.06-5 of the Kingston Planning Scheme requires the provision for one hundred and forty nine (149) car parking spaces, broken down into a requirement of:

Use: Rate: Required Parking

Spaces:

115 Dwellings 1 space per 1-2 bedroom dwellings and 2 spaces per 3 bedroom dwellings 1 visitor space per 5 dwellings

124 spaces

23 spaces

Retail Premises (Shop) 4 space per 100m2

of leasable floor area

2 Spaces

Total Requirement 149 spaces

Therefore, the application seeks a reduction of twenty-seven (27) spaces based on Table 1 – Car Parking Requirement pursuant to Clause 52.06-5 of the Kingston Planning Scheme.

An application to reduce (including reduce to zero) the number of car parking spaces required under Clause 52.06-5 of the Kingston Planning Scheme must be accompanied by a Car Parking Demand Assessment, which is required to assess the car parking demand likely to be generated by the proposed: new use; or increase in the floor areas or site area of the existing use; or



Trim: IC14/140 337

increase to the existing use by the measure specified in Column C of Table 1 in Clause 52.06-5 for that use.

The Car Parking Demand Assessment must address the following matters, to the satisfaction of the responsible authority: The likelihood of multi-purpose trips within the locality which are likely to be combined

with a trip to the land in connection with the proposed use. The variation of car parking demand likely to be generated by the proposed use over

time. The short-stay and long-stay car parking demand likely to be generated by the

proposed use. The availability of public transport in the locality of the land. The convenience of pedestrian and cyclist access to the land. The provision of bicycle parking and end of trip facilities for cyclists in the locality of the

land. The anticipated car ownership rates of likely or proposed visitors to or occupants

(residents or employees) of the land. Any empirical assessment or case study. Before granting a permit to reduce the number of spaces below the likely demand assessed by the Car Parking Demand Assessment, the responsible authority must consider the following, as appropriate: The Car Parking Demand Assessment. Any relevant local planning policy or incorporated plan. The availability of alternative car parking in the locality of the land, including:

o Efficiencies gained from the consolidation of shared car parking spaces.

o Public car parks intended to serve the land.

o On street parking in non-residential zones.

o Streets in residential zones specifically managed for non-residential parking.

On street parking in residential zones in the locality of the land that is intended to be for residential use.

The practicality of providing car parking on the site, particularly for lots of less than 300 square metres.

Any adverse economic impact a shortfall of parking may have on the economic viability of any nearby activity centre.

The future growth and development of any nearby activity centre. Any car parking deficiency associated with the existing use of the land. Any credit that should be allowed for car parking spaces provided on common land or

by a Special Charge Scheme or cash-in-lieu payment. Local traffic management in the locality of the land. The impact of fewer car parking spaces on local amenity, including pedestrian amenity

and the amenity of nearby residential areas. The need to create safe, functional and attractive parking areas. Access to or provision of alternative transport modes to and from the land. The equity of reducing the car parking requirement having regard to any historic

contributions by existing businesses. The character of the surrounding area and whether reducing the car parking provision

would result in a quality/positive urban design outcome. Any other matter specified in a schedule to the Parking Overlay. Any other relevant consideration.

The application has been referred to Council’s Traffic Department, who has undertaken an assessment of the application together with the Traffic Report and considers that the minimum number of car parking spaces required under the Kingston Planning Scheme of one hundred and forty nine (149) car parking spaces should be provided; specifically the



Trim: IC14/140 338

requirement for the twenty-three (23) visitor spaces and the two (2) spaces for the retail premises.

The Planning Permit Application has been accompanied with a Traffic Impact Assessment Report prepared by Ratio Consultants Pty Ltd and updated in October 2013. The Traffic Report undertook a count of existing vehicular movements within the vicinity of the subject site, assessed the car parking generation from the proposed development, the development approved adjoining the subject site at 1228 Nepean Highway, and the proposed development at 1234 Nepean Highway; together with proposed changes to the vehicular circulation of Railway Road, and concludes that the reduction in the car parking requirement for:

The proposed mixed use development at 2-6 Railway Road, Cheltenham, comprises 115 residential apartments and one ground floor retail tenancy. The proposed development also includes the provision of 122 on-site car spaces access to/from Railway Road. Based on the above considerations, it is considered that:

The proposed on-site parking provision is sufficient to accommodate the expected resident parking demand. All visitor parking, and parking associated with the retail use will be accommodated within the surrounding on and off-street parking. The proposed parking provision is considered appropriate and justified given the site’s location, relevant local parking policy, and access to and provision of sustainable transport alternatives.

The proposed car park and access arrangements have been suitably designed and are generally in accordance with the requirements of the Kingston Planning Scheme.

Approximately 53 vehicular trips will be generated by the development (with up to 200 vehicle trips generated by the proposal and other developments in the area) during the AM and PM peak hours by the proposed development. The surrounding road network has the capacity to accommodate the additional traffic volumes generated, in a safe manner.

The proposed bicycle parking arrangement is satisfactory and exceeds the minimum Planning Scheme requirement.

Waste and recyclables will be collected by a private waste contractor from railway Road. It is proposed that waste be collected outside of peak times to minimise any disruption to vehicular, cycle and pedestrian traffic along Railway Road.

Overall, the proposed development is not expected to create adverse traffic or parking impacts in the precinct.

In this instance, for the reasons set out above, it is considered reasonable to allow for the

reduction in the car parking requirements to provide for one hundred and twenty-two (122)

spaces on site. A condition is recommended on any permit issued requiring the car parking

spaces to be allocated in the following fashion:

one (1) space to each dwelling (one hundred and fifteen (115) in total);

one (1) space to the ground floor retail premises; and

six (6) visitor spaces (including two (2) accessible car parking spaces).

Subject to conditions contained on any permit issued, the proposed car parking

arrangement would have an internal radius of at least 4m with swept paths provided with

the planning permit application demonstrating that vehicle parking, access, egress and



Trim: IC14/140 339

manoeuvring would be safe for users and enable easy and efficient use and would

generally accord with the decision guidelines of Clause 52.06-9 of the Kingston Planning

Scheme. All car parking spaces would be provided at grade with no mechanical systems

proposed.

11.23 Clause 52.07 – Loading and Unloading of Vehicles

The purpose of Clause 52.07 is to set aside land for loading and unloading of commercial

vehicles to prevent loss of amenity and adverse effect on traffic flow and road safety. In

accordance with this Clause, no building or works may be constructed for the manufacture,

servicing, storage or sale of goods or materials without land being set aside for the loading

and unloading of vehicles.

A permit may be granted to reduce or waive these requirements if either:

The land area is insufficient; and

Adequate provision is made for loading and unloading vehicles to the satisfaction of the responsible authority.

It is considered that there is limited opportunity to provide a dedicated loading facility on the site to service the proposed retail premises (shop) as a significant portion of the ground floor (other than the lobby, caretaker’s residence and retail premises) is utilised for bicycle and car parking. Any requirement for the provision of a dedicated loading and unloading facility would take up a significant portion of the remaining ground floor area to accommodate turning and manoeuvring. Given the nature and modest floor area of the proposed retail premises (notwithstanding a recommended condition to increase the size from 64m2 to achieve greater ground floor retail activation to Railway Road), it is considered likely that deliveries would occur via vans and small trucks, with delivery vehicles parking in the on-street parking spaces located at the street frontages. A condition is recommended on any permit issued requiring loading and unloading to not conflict with the local road network.

It should also be noted that many other businesses located in nearby Park Road and Charman Road do not have dedicated loading facilities and also rely on deliveries being made using existing on-street parking spaces. The proposed lack of provision of a dedicated loading bay facility is therefore considered acceptable in this instance.

11.24 Clause 52.34 – Bicycle Facilities:

Pursuant to Clause 52.34 of the Kingston Planning Scheme, in developments of four or

more dwellings 1 bicycle space is required for each 5 dwellings; together with 1 bicycle

space for each 300m2 of net floor area of retail premises. In this instance a minimum of

twenty-four (24) bicycle spaces will be required. With the development proposing a total of

one hundred and thirty eight (138) bicycle spaces, the minimum requirements under

Clause 52.34 of the Kingston Planning Scheme is well exceeded.

11.25 Urban Context Report and Design Response for Residential Development for Four or More

Storeys:

Pursuant to Clause 52.35 of the Kingston Planning Scheme, a urban context report and

design response was provided with the planning permit application to the satisfaction of

Council. The report was thoroughly assessed by Council officers to ensure that the design



Trim: IC14/140 340

of the development responded to the existing urban context and preferred future

development of the area.

11.26 Integrated Public Transport:

Pursuant to Clause 52.36-1 of the Kingston Planning Scheme, an application for a

residential development comprising sixty (60) or more dwellings on a lot must be referred

in accordance with Section 55 of the Act to Public Transport Victoria. The application was

referred to Public Transport Victoria, who advised in writing that they do not have any

objections or concerns with the proposal.

12.0 INTERNAL AMENITY IMPACTS

12.1 The internal configuration of the residential dwellings are considered to provide an acceptable standard of amenity for future residents. Whilst not directly applicable in a Activity Centre Zone, it is noted that thirty-one (31) of the one hundred and fifteen (115) dwellings are provided with less than the minimum requirements of private open space (8m2) in Clause 55 (ResCode) of the Kingston Planning Scheme. A condition is recommended on any permit issued for each dwelling to be provided with a minimum of 8m2 of balcony area to improve the residential amenity to each apartment. It is noted that provision is being made for a dedicated storage facility for each of the dwellings. Furthermore, access to natural light has been achieved through the orientation of habitable room windows and balcony areas where possible to the north, east and west, with only the second bedrooms and no living rooms relying on borrowed light.

12.2 It is considered that the proposed building has been sensitively designed with the retail premises being segregated from the dwellings by being located on the ground floor, so as to prevent any conflicts between uses.

13.0 EXTERNAL AMENITY IMPACTS

13.1 The proposed mixed use development achieves a high level of compliance when assessed

against the relevant objectives and standards of Clause 55 (ResCode) of the Kingston

Planning Scheme. As noted above, the standards are not strictly applicable to a

development in the Activity Centre Zone, however, are often used as a guide to assess the

adequacy of a development in terms of its provision for internal amenity and protection of

external amenity.

13.2 It is considered that the proposed development adequately responds to the neighbourhood

character of the Cheltenham Activity Centre, whilst providing a more contemporary

response in line with the precinct objectives and guidelines for Precinct 2 of Schedule 1 of

the Activity Centre Zone. The building presents appropriately to adjoining properties having

regard to their context, with a sufficient level of façade articulation and detailing (subject to

recommended permit conditions) provided to the front, side and rear elevations of the

proposed building.

13.3 Shadow diagrams submitted with the planning permit application suggest that the ten (10)

storey building should not result in any unreasonable overshadowing, with much of the

shadow being cast onto the rooftops of existing commercial buildings and Railway Road.

The proposed building would be built to simultaneously constructed boundary walls on the

north, and east side boundaries and should therefore not adversely impact on existing

windows of adjoining properties.



Trim: IC14/140 341

13.4 No residential habitable room windows and private open space is located within 9m of the

proposed habitable room windows and balconies, therefore screening devices are not

required to limit overlooking. Additionally, each balcony would be screened to prevent any

opportunity for direct views into the balconies and habitable room windows of the dwellings

within the development.

13.5 No adverse amenity impacts are anticipated in relation to increased wind resulting from the

33.5m height of the building. It is considered that pedestrian comfort at ground level should

be maintained with any downward flows being ameliorated by the horizontal and vertical

façade treatments included in the design of the building.

14.0 CONCLUSION:


14.2 The proposed development is considered appropriate for the Site, subject to conditions, as evidenced by:

The design and siting of the proposed development is compatible with the surrounding

area and in accordance with the strategic vision for the Cheltenham Activity Centre;

Suitability of the site for a ten (10) storey commercial/residential development having

regard to the policy context; the Cheltenham Activity Centre Zone; and the applicable

planning provisions;

Consideration of any external amenity impacts;

Adequacy of internal amenity for the proposed dwellings;

Adequacy of car parking and traffic related matters and proximity to public transport

(rail & bus); and

The proposal generally satisfies the requirements of the Kingston Planning Scheme,

including the State and Local Planning Policy Framework, the Activity Centre Zone,

the Special Building Overlay, and the relevant Particular Provisions including Clause

52.06 and Clause 65 – Decision Guidelines (subject to appropriate conditions).

Appendices

Appendix 1 - Planning Permit Application KP13/505 - Considered Plans (Trim No 14/9819)

Author/s: Jeremy Hopkins, Principal Statutory Planner


4.9

KP13/505 - 2-6 RAILWAY ROAD CHELTENHAM

1 Planning Permit Application KP13/505 - Considered Plans..... 345

Appendix 1 4.9 KP13/505 - 2-6 Railway Road Cheltenham - Planning Permit Application KP13/505 - Considered Plans

345

Planning Permit Application KP13/505 - Considered Plans Planning Permit Application KP13/505 - Considered Plans


346


347


348


349


350


351


352


353


354


355


356


357

Trim: IC14/143 359

4.10 KP719/2013 - 62 Mills Road Braeside (Council Depot) 4.10 KP719/2013 - 62 Mills Road Braeside (Council Depot)


19 February 2014

Agenda Item No: 4.10

KP719/2013 - 62 MILLS ROAD BRAESIDE (COUNCIL DEPOT) Contact Officer: Stephen Iannarelli, Statutory Planner

Purpose of Report This report is for Council to consider Planning Application 62 Mills Road Braeside – Planning Permit Application No. KP719/2013



Recommendation


That Council determine to support the proposal and issue a Planning Permit to Use and Develop

the Land for the Construction of a Depot at 62 Mills Road Braeside, subject to the conditions

contained within this report.



Trim: IC14/143 360

62 Mills Road, BRAESIDE VIC 3195 – Planning Permit Application No. KP-719/2013



LAND: 62 Mills Road, BRAESIDE

PLANNING OFFICER: Stephen Iannarelli

PROPOSAL: Use and Develop the Land for the Purpose of a Depot

PERMIT TRIGGER: Clause 33.01-1 - Use the land for the purpose of a depot

Clause 33.01-4 - Develop the land for the construction of

a building or construct or carry out works associated

with the use of the land for a depot.

EXISTING SITE CONDITIONS: Existing vehicle store, warehouse and offices.

APPLICANT: Hansen Partnership Pty Ltd on behalf of Kingston City

Council.

ZONE / OVERLAYS: Clause 33.01 - Industrial 1 Zone

Clause 43.02 - Design Development Overlay – Schedule

5 – Aviation Obstacle Referral Height Area 2.

OBJECTIONS N/A


1.1 The application seeks to use and develop the land for the purpose of a depot. Specifically,

to provide a new municipal depot for Kingston City Council, relocating the Council’s

existing municipal deport from Collins Street, Mentone to this location.



2.2 The site is known as Lot 3 on Plan of Subdivision PS30446P. This site comprises the rear

south-eastern lot within a five (5) lot industrial subdivision. The site is generally

rectangular in shape with a frontage of 60.46 metres, a side depth of 352.47 metres,



Trim: IC14/143 361

resulting in a site area of approximately 1.552ha. It has a 9m wide frontage to a shared

common property driveway (100m length) linking the subject site to Mills Road. It currently

contains a warehouse, offices and vehicle storage. A drainage reserve in favour of South

East Water - known as the ‘Mordialloc Settlement Creek’ in the Kingston Green Wedge

Plan 2012 - abuts the subject site to the south.

2.3 The site is located within the heart of Kingston’s Industrial core. Accordingly, the

surrounding area generally comprises of an extensive range of industrial buildings

including numerous large format warehouses and manufacturing premises.



(a) Acceptability of the Proposed Use

3.2 The proposed use is considered to be consistent with the purpose of the industrial Zone as

a depot is undoubtedly an ‘associated’ industrial use within an area designated for

manufacturing, storage and distribution. It would retain an existing industrial use on the

subject site seeking to maintain the supply of industrial land within an Industrial zone and

improve the quality of industrial buildings on the site, encouraging further investment to the

area. The proposed depot would utilise existing industrial infrastructure including the re-

use of the existing access arrangements, via the shared accessway to Mills Road,

minimising any potential detrimental impact to adjacent occupiers. Furthermore, given

that the proposal is located within the heart of an Industrial 1 Zone, no significant buffers

to nearby sensitive areas are considered to be appropriate and/or required

(b) Buildings and Works

3.3 The proposed extension to the existing office building is relatively minor and of a similar

scale to the existing building, allowing for an enhanced, enlarged lunch and catering areas

without resulting in detrimental impact to the existing industrial built form or visual

dominance to the abutting industrial properties. Additionally, two (2) car parking / storage

sheds are considered to be proportionate to the scale and appearance of existing

buildings within the immediate area, allowing for safe, efficient car parking provision within

a compatible industrial built form outcome.

(c) Amenity Considerations:

3.4 The use of the land for a depot should not result in unreasonable noise emissions to the

surrounding area given the non-deleterious nature of the proposed use. Furthermore,

normal operating hours for the primary use of this land as a depot would take place during

standard business hours (6.30am – 6.30pm), with limited ‘out of hours use’.

(d) Traffic and Accessibility

3.5 The site’s location, within proximity to Boundary Road / Lower Dandenong Road and the

arterial road network, facilitates the transfer of staff and vehicle movements whilst

minimising any potential detrimental impact to surrounding occupiers or the existing

residential road network. The provision of thirty-eight (38) car parking spaces associated



Trim: IC14/143 362

with stage 1 would exceed the anticipated car parking demand associated with municipal

depot use during this stage. The maximum anticipated car parking demand associated

with the proposed depot at the completion of stage 2 would amount to ninety (90) car

parking spaces. The proposed arrangement falls short of this anticipated demand by

twenty-four (24) car parking spaces. Consequently, Planning Officers recommend the

provision of a condition on any issued permit to allow for the provision of an additional

twenty-four 24 car parking spaces within the subject site. Given the sizable site area (in

excess of 1.5ha) it is considered that there is ample availability within the subject site for

the provision of the required car parking spaces. Importantly, the provision of the

additional parking spaces would be required to be provided without compromising delivery

and/or large format vehicle manoeuvrability.

4.0 CONCLUSION


Kingston Planning Scheme and taking into consideration the concerns raised by objectors,

the proposal, subject to the inclusion of conditions, is deemed appropriate and should

therefore be supported.



Trim: IC14/143 363

RECOMMENDATION

That Council determine to support the proposal and issue a Planning Permit to Use and Develop

the Land for the Purpose of a Depot at No. 62 Mills Road, BRAESIDE VIC 3195, subject to the

following conditions:

1. Before the development starts amended plans to the satisfaction of the Responsible Authority

must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be substantially in accordance with the plans submitted to Council on 17th January, 2013, but modified to show:

a) the provision of a landscape plan and associated planting schedule for the site showing the proposed location, species type, mature height and width, pot sizes and number of species be planted on the site, with such plans to be prepared by a suitably qualified landscape professional and incorporating:

i) an associated planting schedule showing the proposed location, species type, mature height and width, pot sizes and number of species to be planted on the site. The schedule must be shown on the plan;

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

iii) all existing trees on the site and within three (3) metres to the boundary of the site on adjoining properties, accurately illustrated to represent actual canopy width and labelled with botanical name, height and whether the tree is proposed to be retained or removed;

iv) a range of plant types from ground covers to large shrubs and trees;

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

vi) the provision of six (6) suitable medium sized (at maturity) canopy trees within the front setback of the property and twelve (12) medium sized (at maturity) canopy trees along the southern boundary, with species chosen to be approved by the Responsible Authority;

vii) the provision of a landscape buffer to be planted out using a mix of specie types both medium sized and smaller outside of each dwelling

viii) sustainable lawn areas and plant species taking current water restrictions into consideration;

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

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

xi) the provision of notes on the landscape plan regarding site preparation, including the removal of all weeds, proposed mulch, soil types and thickness, subsoil preparation and any specific maintenance requirements.

Car parking

b) All proposed car parking areas for Stage 1 and Stage 2 must be provided in accordance with the relevant Australian Standards to the satisfaction of the Responsible Authority as follows:



Trim: IC14/143 364

i) Stage 1 Car Parking Area (north of the existing office building) must confirm with Australian Standard AS/NZS 2890.1:2004 User class 1a to the satisfaction of the Responsible Authority.

ii) The ‘last’ car parking space within each row must be provided with an additional 1m separation to abutting walls / fences in accordance with Australian Standard AS/NZS 2890.1:2004 Figure 2.3 to the satisfaction of the Responsible Authority.

iii) The provision of twenty-four (24) additional car parking spaces within the subject site in accordance with the requirements of Clause 52.06-8 Design Standards for Car Parking to the satisfaction of the Responsible Authority. This can include the loss of the ‘extended’ car parking bays to the south of the proposed car parking / storage sheds.

iv) The provision of (2) ‘large-format trailer parking bays’ measuring 3.6m wide x 13m long.

c) The provision of a kerb ramp (pram crossing) for all pedestrian footpath crossings, where required;

d) Notations on the plans indicating that all vegetation abutting the western boundary, of the site must be maintained at a height no more than 600mm, for at least 12m from the northern boundary of the site;

e) Notations on the plans indicating that no signage must be placed on or adjacent to the fence along the western site property boundary, for a depth of 12m from the northern site property boundary;

f) All pedestrian footpaths and line marked walk paths must have an even surface and a gradient of no more than 1:14;

g) All driveway and car parking areas nominated as an all-weather, sealed and durable surface or similar;

h) Exterior lights must be installed in such positions to effectively illuminate all pathways, car parks and other public areas to the satisfaction of the Responsible Authority;

General

i) The provision of a colour Staging Plan clearly identifying all proposed works under Stage 1 and Stage 2 respectively; and

j) Provision of a full colour, finishes and building materials schedule (including samples) for all external elevations and driveways of the development.

Endorsed Plans

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


Agreements:

4. Prior to the erection of any buildings associated with Stage 2 on the Staging Plan endorsed pursuant to Condition 1 of this permit, the relevant public open space contribution must be paid in accordance with the requirements of S.173 Agreement S652199L with confirmation of payment provided to the Responsible Authority.



Trim: IC14/143 365

Amenity

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

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

dust, waste water, waste products, grit or oil. iv) Presence of vermin.

v) Any other way. 6. Before occupation of the development hereby permitted, landscaping works as shown on the

endorsed plans must be completed to the satisfaction of the Responsible Authority. The landscaping must then be maintained to the satisfaction of the Responsible Authority.

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

8. No goods or packaging materials shall be stored or left exposed outside the building so as to be visible to the public from a road or other public place.

9. All external surfaces of the building elevations must be finished in accordance with the schedule on the endorsed plans and maintained in good condition to the Responsible Authority’s satisfaction.

Noise

10. Noise emissions from the site must not exceed that permissible in the State Environment Protection Policy (Control of Noise from Commerce, Industry and Trade) No. N-1 of the Environment Protection Authority, or any subsequent policies.

Stormwater management:


Parking and Accessibility

12. Before occupation of the development hereby permitted, areas set aside for parking vehicles, access lanes and paths as shown on the endorsed plans must be: i) Constructed to the satisfaction of the Responsible Authority. ii) Properly formed to such levels that they can be used in accordance with the plans. iii) Surfaced with an all-weather sealcoat to the satisfaction of the Responsible Authority. iv) Drained to the satisfaction of the Responsible Authority. v) Line-marked to indicate each car space, all access lanes and, if necessary, the direction in

which vehicles are to travel to the satisfaction of the Responsible Authority. vi) In accordance with any Council adopted guidelines for the construction of car parks.

Parking areas and access lanes must be kept available for these purposes at all times and

maintained to the satisfaction of the Responsible Authority. 13. In areas set aside for car parking, measures must be taken to the satisfaction of the

Responsible Authority to prevent damage to fences or landscaped areas. 14. Any existing vehicular crossing not in accordance with the endorsed plan must be removed and

the kerb reinstated in a manner satisfactory to the Responsible Authority and any proposed



Trim: IC14/143 366

vehicular crossing must be fully constructed to the Responsible Authority’s standard specification.

External Lighting

15. Outdoor lighting must be provided, designed, baffled and located to the satisfaction of the Responsible Authority to prevent any adverse effect on neighbouring land.

16. Exterior lights must be installed in such positions to effectively illuminate all pathways, car parks and other public areas to the satisfaction of the Responsible Authority.

Expiry Timescales


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

The development is not completed before four (4) years from the commencement of works.

The use is discontinued for a period of two (2) years.



within six (6) months after the permit expiry date, where the use or development allowed by the permit has not yet started; or


Note: Prior to the commencement of the development or use you are required to obtain the necessary

Building Permit.

Note: The applicant/owner must provide a copy of this planning permit to any appointed Building

Surveyor. It is the responsibility of the applicant/owner and Building Surveyor to ensure

that all building development works approved by any building permit is consistent with the

planning permit.

Note: Environment Protection Authority (EPA) Victoria set out the requirements pertaining to site construction hours and permissible noise levels.

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

1. The proposal results in unreasonable off-site amenity impacts to the surrounding area. 2. The proposal results in unreasonable traffic generation to the surrounding area. 3. The proposal provides insufficient car parking provision to cater for anticipated demand. 4. The proposal is contrary to the orderly planning of the Industrial 1 Zone.



Trim: IC14/143 367



1.1 Planning Permit KP02/850 was issued by Kingston City Council on 2nd September, 2003 to

subdivide the land into two (2) lots.


2.1 The site is known as Lot 3 on Plan of Subdivision PS30446P. This site comprises the rear

south-eastern lot within a five (5) lot industrial subdivision. The site is generally

rectangular in shape with a frontage of 60.46 metres, a side depth of 352.47 metres,

resulting in a site area of approximately 1.552ha. It has a 9m wide frontage to a shared

common property driveway (100m length) linking the subject site to Mills Road. It currently

contains a single storey concrete warehouse (30m x 25m) towards the north-eastern

corner of the site, a single storey concrete office (35m x 20m), temporary storage

associated with the former vehicle storage along the eastern site property boundary. Two

(2) diesel pumps are also located within the site. Existing car parking provision (38 spaces)

is located along the northern site property boundary. A range of semi-mature trees abut the

existing car park to the north, south and west. A drainage reserve in favour of South East

Water - known as the ‘Mordialloc Settlement Creek’ in the Kingston Green Wedge Plan

2012 - abuts the subject site to the south.


3.1 The site is located within the heart of Kingston’s Industrial core. Accordingly, the

surrounding area comprises of an extensive range of industrial buildings including

numerous large format warehouses and manufacturing premises.


APPLICANT Hansen Partnership Pty Ltd on behalf of Kingston City

Council

ADDRESS OF LAND 62 Mills Road, BRAESIDE

PLAN OF SUBDIVISION

REFERENCE

Lot 3 on PS304446P

PROPOSAL Use and Develop the Land for the Purpose of a Depot

PLANNING OFFICER Stephen Iannarelli

REFERENCE NO. KP-719/2013

ZONE Clause 33.01 - Industrial 1 Zone

OVERLAYS Clause 43.02 - Design Development Overlay – Schedule

5 – Aviation Obstacle Referral Height Area 2.

PARTICULAR PROVISIONS Clause 52.06 – Car Parking

Clause 52.07 – Loading and Unloading

OBJECTIONS N/A

CONSIDERED PLAN


17th January, 2014

ABORIGINAL CULTURAL

HERITAGE SENSITIVTY

No



Trim: IC14/143 368

North: A common property accessway for Lots 1a, 1b, 3 and 4 on PS304446P and a

warehouse and associated car parking (No. 64 Mills Road / Lot 2A on PS304446P).

East: A large industrial building measuring approximately 160m x 50m with associated car

parking (No. 78 Mills Road).

South: A drainage reserve in favour of South East Water, whilst further south, the rear

façade of industrial properties fronting Urban Street (No. 11 Urban Street).

West: A medium sized warehouse measuring 50m x 40m and associated car parking (No.

60 Mills Road)

4.0 TITLE DETAILS

S173 Agreement (S652199L):

4.1 Agreement S652199l is listed on the Certificate of title. This Agreement contains a

covenant (within Section 4 of this Agreement) requiring the payment of the remaining 4%

public open space contribution upon the erection of any further buildings on this site.

Specifically, a proportional increase in public open space contributions would be required

based on the respective plot ratio increase. In this instance, Stage 1 does not include the

erection of any additional buildings. Accordingly, no payment is likely to be required.

4.2 The permit applicant has indicated that the construction of the secure parking and storage

sheds associated with Stage 2 would essentially double the plot ratio (from 9% to 18%).

Consequently, the owner would be required to pay the outstanding 4% public open space

contribution (based on the land value at the time of payment). A condition would be

required on any issued permit to ensure compliance with this requirement and confirm that

payment had been undertake prior to the construction of the buildings proposed under

Stage 2 of this permit application.

5.0 PROPOSAL

5.1 It is proposed to use and develop the land for the purpose of a depot (municipal Council

deport) to maintain and store municipal vehicles and equipment and upgrade the existing

buildings within two (2) stages as follows:

Stage 1:

Works:

Line marking for thirty-eight (38) car parking spaces including a disabled parking

bay and kerb ramp for the existing car parking area (Area 1) located to the north of

the existing office.

Fuel tanks decommissioned and removed from the south west of the existing

warehouse.

Relocate a portable shipping container from Collins Street to the North of the

existing warehouse.



Trim: IC14/143 369

Removal of existing storage sheds and provision of tree (3) concrete storage bins

including

o Two (2) 10m x 10m concrete bins (2.4m high) and one (1) 5m x 10m

concrete bin.

500m2 outdoor materials storage area to the west of the existing warehouse.

Internal alterations to the existing office.

Construction of a verandah extension to the east facing office wall.

Stage 2: Buildings and Works

Extension to the existing office (eastern section) to allow for the provision of an

extended lunch room / meeting room and relocated verandah.

Extension to the existing office (southern section) to allow for the provision of

additional office space.

Provision of new entry to the existing office building (north elevation).

Provision of bike racks

Two (2) 500m2 secure car parking and storage sheds allowing for fourteen (14) car

parking spaces within each shed, a total of twenty-eight (28) spaces.

Four (4) concrete storage sheds measuring 10m x 5m (2.4m high).

200m2 outdoor plant storage area.

Provision of six (6) rain water storage tanks (approximately 20,00 litres each)

abutting the new parking and storage sheds.

Internal alterations to existing warehouse.

Provision of new canopy trees along the south site property boundary and the west

of the existing office building.

Repair and level existing concrete surface and gravel areas with bitumen paving,

where required.

The primary operation hours would be 6.30am to 6.30pm Monday to Friday,

although site access would be accessible 24 hours a day, 7 days a week.

30 full time staff are proposed for Stage 1. No more than 90 staff are proposed for

stage 2, reflecting a maximum combined car parking provision of 90 staff and

council vehicles on the site at any one time.

5.2 The proposal has an overall site coverage of 18%.



Trim: IC14/143 370


Zone

6.1 Industrial 1 Zone: Pursuant to Clause 33.01-1 of the Kingston Planning Scheme, a

planning permit is required to use the land for an innominate use not identified within

Section 1 or 2 of Table 1 of this Clause.

6.2 Industrial 1 Zone: Pursuant to Clause 33.01-4 of the Kingston Planning Scheme, a

planning permit is required to construct a building or construct and carry out works.

Overlay

6.3 Design Development Overlay- Schedule 5 (DDO5): Pursuant to Clause 43.02 of the

Kingston Planning Scheme, a planning permit is required to construct a building or

construct and carry out works that exceed 25m in height. In this instance, the proposed

works would not exceed 25m AHD and therefore a planning permit is not required under

this Clause.


6.4 Clause 52.06 – Car Parking

6.5 Clause 52.07 – Loading and Unloading

General Provisions

6.6 The Decision Guidelines of Clause 65 of the Kingston Planning Scheme are relevant to

this application and require consideration to be given to a variety of matters including

planning scheme policies, the purpose of the zone, orderly planning and the impact on

amenity.

6.7 In accordance with Clause 67 (Applications under Section 96 of the Act) of the Kingston

Planning Scheme, the application was advertised by sending notices to adjoining and

opposite property owners and occupiers and by maintaining a notice on site for fourteen

(14) days.





Clause 17 Economic Development

Clause 18 Transport

7.2 Zoning

Clause 33.01 – Industrial 1 Zone

7.3 Overlays

Clause 43.02 – Design and Development Overlay

o DDO5 – Aviation Obstacle Referral Height Area No.2




Trim: IC14/143 371

Clause 21.02 – Municipal Profile

Clause 21.03 – Land Use Challenges for the New Millennium

Clause 21.04 – Vision

Clause 21.06 – Retail and Commercial Land Use

Clause 21.07 – Industrial Land Use

Clause 21.12 – Transport, Movement and Access

7.5 Particular Provisions

Clause 52.06 – Car Parking

Clause 52.07 – Loading and Unloading of Vehicles

7.6 General Provisions

Clause 65: Decision Guidelines

8.0 ADVERTISING


and occupiers and by maintaining a notice on site for fourteen (14) days. No objections

have been received.

9.0 PRELIMINARY CONFERENCE

9.1 As no objections to this application were received, no planning consultation meeting was

required.

10.0 SECTION 57A – AMENDMENT TO PLANS

10.1 Following advertising the Permit Applicant lodged amended plans on 17th January, 2014,

pursuant to Section 57A of the Planning and Environment Act 1987 the amended plans

incorporated the following changes:

Provision of updated car parking layout for stage 1 parking (to the north of the

existing office building.

Provision of details of car parking layouts for stage 2 parking (within two (2)

proposed secure storage sheds and an external car / trailer parking area); and

Provision of swept paths for the largest vehicle turning.

10.2 It is these plans that form the basis of this recommendation and are described at section 4

of this report.

11.0 REFERRALS


Council’s Vegetation Management Officer - raised no objection to the application,

subject to conditions included on any permit issued relating to the provision of a

landscape plan.



Trim: IC14/143 372

Council’s Traffic Engineering Department - raised no objection to the application,

subject to conditions included on any permit issued relating to the provision of

additional car parking for stage 2, line marking for all proposed car parking areas and

pedestrian walkways in line with the relevant Australian Standards, the provision of

suitable visibility splays, and the provision of all-weather surfaces for accessways and

car parking areas and the provision of suitable lighting along all accessways.

Council’s Roads and Drains Department - who advised of no objection, subject to

the inclusion of a number of conditions on any permit issued relating to boundary levels

and vehicle crossing requirements.

11.2 The application was not required to be referred to any external departments.


12.1 State Planning Policy Framework

Clause 11 Settlement: Clause 11.02-1 (Supply of urban land) seeks to ensure a

sufficient supply of land is available for residential, commercial, retail, industrial,

recreational, institutional and other community uses.

Clause 13 Environmental Risks: Clause 13.04-01 (Noise abatement) seeks to ensure that development is not prejudiced and community amenity is not reduced by noise emissions, using a range of building design, urban design and land use separation techniques as appropriate to the land use functions and character of the area. Clause 13.05 (Air Quality): seek to assist the protection and improvement of air quality, seeking to ensure, wherever possible, that there is suitable separation between land uses that reduce amenity and sensitive land uses.

Clause 14 Natural Resource Management: Clause 14.02-3 (Water Conservation) seeks to ensure that water resources are managed in a sustainable way, encouraging the use of alternative water sources such as rainwater tanks, stormwater and recycled water by governments, developers and households.

Clause 15 Building Environment and Heritage: Clause 15.01 (Urban Environment) seeks to create urban environments that are safe, functional and provide good quality environments with a sense of place and cultural identity. In order to comply with this objective, Clause 15.01 requires that that development proposals include a site analysis and descriptive statement explaining how the proposed development responds to the site and its context.

Clause 15.03-2 (Aboriginal Cultural Heritage) seeks to ensure the protection and

conservation of places of Aboriginal cultural heritage significance.

The Subject Land is not identified in an area of Aboriginal Cultural Heritage Sensitivity.

Clause 17 Economic Development: Clause 17 (Economic Development) seeks to

ensure that planning provides for a strong and innovative economy, where all sectors of

the economy are critical to economic prosperity. Further, at the State level, Planning

should contribute to the economic well-being of communities and the State as a whole by

supporting and fostering economic growth and development by providing land, facilitating



Trim: IC14/143 373

decisions, and resolving land use conflicts, so that each district may build on its strengths

and achieve its economic potential.

Clause 17.02-1 (Industrial land development) Objective seeks ‘to ensure availability of land for industry’.

Various Strategies for the develop Strategies: Identify land for industrial development in urban growth areas where:

Good access for employees, freight and road transport is available.

Appropriate buffer areas can be provided between the proposed industrial land and nearby sensitive land uses.

Protect and carefully plan existing industrial areas to, where possible, facilitate further industrial development.

Provide an adequate supply of industrial land in appropriate locations including sufficient stocks of large sites for strategic investment.

Protect industrial activity in industrial zones from the encroachment of unplanned commercial, residential and other sensitive uses which would adversely affect industry viability.

Encourage industrial uses that meet appropriate standards of safety and amenity to locate within activity centres.

Avoid approving non-industrial land uses, which will prejudice the availability of land for future industrial requirements, in identified industrial areas.

Clause 17.02-2 (Design of industrial development) Objective The objective of Clause 17.02-2 is to ‘facilitate the sustainable development and operation of industry and research and development activity’.

Strategies

Ensure that industrial activities requiring substantial threshold distances are located in the core of industrial areas.

Encourage activities with minimal threshold requirements to locate towards the perimeter of the industrial area.

Minimise inter-industry conflict and encourage like industries to locate within the same area.

Provide adequate separation and buffer areas between sensitive uses and offensive or dangerous industries and quarries to ensure that residents are not affected by adverse environmental effects, nuisance or exposure to hazards.

Encourage manufacturing and storage industries that generate significant volumes of freight to locate close to air, rail and road freight terminals.

Clause 18 – Transport: Clause 18.01-1 (Land use and transport planning) seeks to create a safe and sustainable transport system by integrating land-use and transport, ensuring that access to developments is provided in accordance with forecast demand, taking advantage of all available modes of transport and to minimise adverse impacts on existing transport networks and the amenity of surrounding areas.


The application has been assessed against the Local Planning Policy Framework and it is considered that the proposed development is consistent with relevant policies contained within this section of the Kingston Planning Scheme. Clause 21.02 Municipal Profiles states the important role of manufacturing industry for the municipality and job creation.



Trim: IC14/143 374

Clause 21.03 Land Uses Challenges for the New Millennium recognizes that some of the older industrial areas in the municipality are in need of significant revitalization if they are to remain viable locations for modern manufacturing and industrial businesses.

The strategic framework plan at Clause 21.04 Vision identifies the site as being situated within the designated urban area. The site is located in an area serviced by existing infrastructure and with good access to Boundary Road, complementing the transport of materials to / from the subject site.

Clause 21.07 (Industrial Land Use):

Objective 1: To provide a range of industrial land and buildings to meet the

needs a broad range of industries.

Objective 2: To facilitate new investment and redevelopment in Kingston’s older industrial areas.

Objective 3: To improve the image and quality of all industrial areas in Kingston.

Objective 4: To ensure that industrial development does not adversely impact on the amenity and safety of adjoining land uses.

Objective 5: To redevelop smaller pockets of industrial land located within residential areas for innovative residential or mixed use development, taking into account local environmental and amenity issues

12.3 Zoning

The site is located in an Industrial 1 Zone. The purpose of the Industrial 1 Zone is:



To provide for manufacturing industry, the storage and distribution of goods and

associated uses in a manner which does not affect the safety and amenity of local

communities.

Before deciding on an application, in addition to the decision guidelines in Clause 65, the

responsible authority must consider, as appropriate:

The State Planning Policy Framework and the Local Planning Policy Framework,

including the Municipal Strategic Statement and local planning policies.

The effect that the use may have on nearby existing or proposed residential areas

or other uses which are sensitive to industrial off-site effects, having regard to any

comments or directions of the referral authorities.

The effect that nearby industries may have on the proposed use.

The drainage of the land.

The availability of and connection to services.

The effect of traffic to be generated on roads.

The interim use of those parts of the land not required for the proposed use.

Clause 33.01 (Industrial 1 Zone) seeks to provide for manufacturing industry, the storage

and distribution of goods and associated uses in a manner which does not affect the safety

and amenity of local communities.



Trim: IC14/143 375

The proposed use of the land for a ‘depot’ is considered reasonable in this instance given the zoning of the subject site for industrial purposes and the ability to adequately manage any potential off-site amenity impacts. It is noted that the proposed use would be located in an area well buffered by established industrial uses from the nearest land used for sensitive uses. Furthermore, the proposed vehicular movements are not considered to result in unreasonable traffic generation or car parking demand within Mills Road and the immediate area.

Overall, the application has been assessed against the relevant zoning (Industrial 1 Zone)

and it is considered that the proposed use and development is consistent with the purpose

of the zoning controls contained within the Kingston Planning Scheme.

13.0 PLANNING CONSIDERATIONS

13.1 The key issues affecting this application are summarised as follows:

1) Consideration of the State and Local Planning Policy Frameworks

o Is the proposal consistent with Planning Policy including the purpose and

Decision Guidelines of the Industrial 1 Zone?

2) Consideration and Mitigation of unreasonable offsite amenity impacts.

o Does the proposed use result in unreasonable offsite amenity impacts to the

surrounding area?

3) Consideration of all proposed buildings and works.

4) Consideration of on-site vehicular maneuverability, traffic generation and parking provision.

o Does the proposal meet relevant vehicular accessibility requirements and

provide sufficient parking provision to accommodate anticipated parking demand?

1) Is the proposal consistent with State and Local Planning policy Frameworks including the purpose and Decision Guidelines of the Industrial 1 Zone?

Site Suitability and Consideration of land for the Purpose of a Depot:

The provisions of the Industrial 1 Zone require planning approval for:

the use of the land as a depot (an innominate use); and

to construct buildings or construct or carry out works associated with an innominate

use.

Considering the appropriateness of the proposed use required is important to consider, as

appropriate, relevant Planning Scheme definitions (Clause 74) and nesting diagrams

(Clause 75) within the Kinston Planning Scheme, where applicable.

In this instance, the proposed use of the land for a depot (municipal depot) is undefined

within Clause 74 (definitions) of the Kingston Planning Scheme. It is therefore considered

to be an innominate use (i.e. ‘any other use not in Section 1 or 3’ within the Table of Uses



Trim: IC14/143 376

under Clause 33.01-1 – Industrial 1 Zone) and categorised as a ‘Section 2 use’ – planning

permit required.

Notwithstanding this, relevant Tribunal caselaw has provided further clarification that

characterises a depot use as follows:

“..In De Hann, the Tribunal stated it seems to me that a "depot" typically operates as a

base where staff come to work or pick up vehicles and machinery, where administrative

functions are carried out, where vehicles are parked and kept, where equipment and

materials are kept and other ancillary functions, such as repair and maintenance of

vehicles and equipment occurs. For example, this is the type of activity that occurs in a

municipal depot, this is typically what l would call a "depot".

Plant v Casey CG & Ors 20/01 VCAT 1699:

The application is considered to be consistent with the aforementioned description as

illustrated by the provision of the following functions:

The primary warehouse / shed would house a carpentry workshop, a small

mechanical workshop, a designated welding area and multiple storage areas.

Offices would be provided for administration staff.

Car parking would be provided for staff and Council vehicles / equipment /

machinery.

Council’s Home Maintenance Service (Property maintenance) would operate from

this site.

Storage bays would be provided for green waste / hard garbage and soil with

additional areas to store mulch.

A wash bay would be provided for vehicle cleaning.

Council’s Community Bus would be stored on-site.

Councils Emergency After Hours Response Team would have access 24 hours a

day, 7 days a week to co-ordinate Council’s emergency response(s).

Accordingly, Planning Officers must consider if the proposed use is appropriate within the

Industrial 1 Zone. As outlined previously, the purpose of the Industrial 1 Zone is as follows:


Framework, including the Municipal Strategic Statement and local planning policies;

and

To provide for manufacturing industry, the storage and distribution of goods and

associated uses in a manner which does not affect the safety and amenity of local

communities.

a) Compliance with the purpose of the Industrial 1 Zone

The proposed use is considered to be consistent with the purpose of the industrial Zone as

a depot is clearly considered to be an ‘associated’ industrial use within an area designated

for manufacturing, storage and distribution. The proposal would be consistent with State

and Local Planning Policy Frameworks and the decision guidelines of the Industrial 1 Zone

as outlined below:



Trim: IC14/143 377

Clause 33.01 (Industrial 1 Zone) seeks to provide for manufacturing industry, the

storage and distribution of goods and associated uses in a manner which does not

affect the safety and amenity of local communities.

The proposed use of the land for a ‘depot’ is considered reasonable in this instance

given the zoning of the subject site for industrial purposes and the ability to

adequately manage any potential off-site amenity impacts. It is noted that the

proposed use would be located in an area well buffered by established industrial

uses and is located a considerable distance from the nearest sensitive land use.

Furthermore, the proposed vehicular movements are not considered to result in

unreasonable traffic generation or car parking demand within Mills Road and the

immediate area.

Overall, the application has been assessed against the relevant zoning (Industrial 1

Zone) and it is considered that the proposed use and development is consistent

with the purpose of the zoning controls contained within the Kingston Planning

Scheme.

b) Re-use of Supply of Industrial Land:

The proposed use of the land for a depot retains an existing industrial use on the subject site seeking to maintain the supply of industrial land within a designated Industrial 1 Zone, in line with the objectives of this Clause 11.02-1 (Supply of urban land) which seeks to ensure a sufficient supply of land is available for industrial uses.

Furthermore, the proposal would provide an improved quality of industrial buildings on the site and encourage investment to the area.

c) Industrial Land Development:

The proposal seeks to reuse the land for industrial purposes within an existing, established industrial site, complying with the objectives of Clause 17 (Economic Development) which seek to encourage the reuse of industrial land, ensure an adequate supply of industrial land and strengthen the clusters of industrial activity from completing (non-compatible) uses.

The application proposal would utilise the existing industrial infrastructure including the re-use of existing access arrangements, via the shared accessway to Mills Road, seeking to minimise any potential detrimental impacts to adjacent occupiers. Furthermore, the reuse of both the warehouse and office building (subject to some minor internal and external alterations) would seek to revitalise the quality of industrial stock within this area, allowing for the re-use of vacant industrial buildings and encouraging further investment into the Braeside Industrial area in line with relevant strategies within Clause 17.02-1 (Industrial land development) which seek to identify industrial land with good access to employees, freight and road transport, protect existing industrial areas to facilitate further industrial development and provide an adequate supply of industrial land in appropriate locations

Furthermore, given that the proposal is located within the heart of an Industrial 1 Zone, no significant buffers to nearby sensitive areas are considered to be appropriate and/or required. Moreover, safety and amenity issues have been carefully considered as part of this application, and the proposal will be required to



Trim: IC14/143 378

comply with relevant Kingston City Council (Depot) Health and Safety operating requirements.

Overall, given the relative intensity of the proposed use and proportionate scale of the proposed works, it is considered that the proposal complies with the objectives of Clause 17.2-1 (Industrial land development) which seeks to ensure availability of land for industry.

d) Improving Existing Industrial Stock:

The proposal seeks to re-use the land for an industrial use within an established

industrial site, providing a diverse range of industrial buildings for this specialised

industrial use. The improvements proposed to the older industrial stock within this

site allows for greater investment in this older industrial area whilst also improving

the aesthetic quality and appearance of these buildings in accordance with Clause

21.07 Industrial Land Use which advocates facilitate greater investment in

Kingston’s older industrial stock.

e) Design of Industrial Land

The use of the site within the heart of the Braeside industrial precinct is encouraged

given the site’s location within this established industrial area. The lack of any

sensitive interfaces obviates the need for any threshold distance requirements,

preventing any off-site amenity impacts to sensitive uses and the like.

Further, its location, within close proximity to Boundary Road / Lower Dandenong

Road and the arterial road network, facilitates the transfer of staff and vehicle

movements whilst minimising any potential detrimental impact to surrounding

occupiers or the existing residential road network. As a result, it is considered that

the proposal complies with the objectives of Clause 17.02-2 (Design of Industrial

Development).

2) Consideration and mitigation of unreasonable offsite amenity impacts.

Importantly, Planning Officers must consider if the application proposal would result in

unreasonable off-site amenity impacts to the surrounding area. Following a review of the

supporting application documentation, it is considered that the application proposal should not

detrimentally affect the amenity of surrounding properties as evidenced below.

a) General Amenity:

The nature of the proposed depot should ensure that there is no unreasonable off-site amenity impacts, particularly given that all abutting interfaces contain existing industrial uses in line with amenity consideration objectives within Clause 21.07 - Industrial Land Use. Nevertheless, the provision of a depot office, car/ machinery storage or the provision of a specialist workshop within the existing warehouse building – to accommodate a carpenter’s workshop, sign writer and various workshops to undertake relevant repairs and maintenance on behalf of Council - should not result in unreasonable amenity impacts to the surrounding area.



Trim: IC14/143 379

b) Noise Emissions:

The use of the land for a depot should not result in unreasonable noise emissions

to the surrounding area given the non-deleterious nature of the proposed depot use

which includes the servicing, maintenance and construction of Council assets, the

storage of staff and Council vehicles / machinery / goods and an ancillary office

component. This complies with Clause 13.04-1 (Noise abatement) which seeks

ensure that development is not prejudiced and community amenity is not reduced

by noise emissions.

Furthermore, the normal operating hours for the primary use of this land as a depot

would take place during standard business hours (6.30am – 6.30pm), with limited

‘out of hours use’ - primarily where the office component would be used as a hub to

co-ordinate Council’s emergency response taskforce. This could occur 24 hours a

day, 7 days a week. In this instance, it is not considered that the use of the depot

during such occasions would result in unreasonable impacts to the amenity of the

surrounding are in terms of noise or traffic. It is therefore considered to be

acceptable and there should therefore be no condition on any issued permit to

control the depot operating hours.

Notwithstanding this, the site abuts a range of industrial properties on all sides. This

arrangement should ensure that there are no potential (sensitive) interfaces that

could be detrimentally affected by the proposed use.

c) Air Emissions

Finally, the proposed use should not result in any unreasonable dust and ensuring

compliance with the requirements of Clause 13.05 (Air Quality) which seek to

assist in the protection and improvement of air quality.

d) Stormwater Management:

The proposal includes the provision of water tanks to facilitate the re-use of stormwater from the proposed new secure car parking and storage sheds, in line with Water Sensitive Urban Design objectives and Clause 14.02-3 (Water Conservation).

Furthermore, Council’s Development Approval’s Engineering Department have confirmed that the proposed arrangement meets the relevant stormwater requirements without the need for additional conditions on any issued permit, ensuring that there are no additional stormwater flows beyond the boundaries of the subject site.

Finally, the application proposal would not adversely impact the existing drainage reserve abutting the southern site property boundary, ensuring the retention of existing flood retention and mitigation measures along this easement.

3) Consideration of all proposed buildings and works

a) Built form:

Clause 15.01 (Urban Environment) seeks to create urban environments that are safe, functional and provide good quality environments with a sense of place and



Trim: IC14/143 380

cultural identity. In order to comply with this objective, Clause 15.01 requires that development proposals include a site analysis and descriptive statement explaining how the proposed development responds to the site and its context.

The applicant has provided a detailed planning report and supplementary evidence demonstrating that the use would reasonably respond to the site and existing context and that the proposal should not lead to significant material detrimental to surrounding industry.

Specifically, the majority of the proposed works are considered to be modest, in comparison to the scale of the existing buildings on the subject site, with significant works relating to achieving car parking provision in accordance with the relevant requirements.

The proposed extension to the existing office building is relatively minor and of a similar scale to the existing building, allowing for an enhanced, enlarged lunch and catering areas without detrimental impact on the existing built form or dominance to the abutting industrial properties. In addition, the provision of two (2) secure 6.8m high car parking and storage sheds with colourbond cladding and roller doors is considered to be proportionate to the scale and appearance of existing buildings within the immediate area, allowing for the provision of safe, efficient car parking provision within a compatible industrial built form outcome.

Overall, the proposed works allow for the provision of safe, functional industrial-related use that allow for good quality environments for staff, with clearly defined entrances, and good sense of address whilst the site has been designed to allow for functional site operations, effective vehicular and pedestrian movements and the ability to meet relevant industrial, security and safety requirements.

4) Consideration of on-site vehicular maneuverability, traffic generation and parking

provision.

a) Traffic Generation:

As outlined previously, the proposed access arrangements will remain, with vehicular access to Mills Road via a shared common property driveway. This use will be serviced by numerous vehicles during the day - dominated by morning staff arrivals (6.30am to 8.30am) and afternoon/evening exits to/from the subject site. Consequently, it is considered that there will be no significant detrimental impact to the surrounding road network or the amenity of the surrounding area in line with the objectives of Clause 18.01-1 (Land use and transport planning) which seeks to ensure that access to developments is provided in accordance with forecast demand, to minimise adverse impacts on existing transport networks and the amenity of surrounding areas.

The strategic framework plan at Clause 21.04 Vision identifies the site as being situated within the designated urban area within the Braeside industrial area - an area identified for consolidation and revitalisation of older industrial precincts. The site is located in an area serviced with existing infrastructure and has direct access to Boundary Road and Lower Dandenong Road, allowing for ease of transport for staff and goods (where required) to and from the subject land to the surrounding Municipal area.



Trim: IC14/143 381

b) Car Parking Provision and Site Accessibility As outlined previously, the application will be undertaken in two (2) stages. Stage 1 includes:

The re-arrangement of the existing car park to allow for the provision of thirty-eight (38) car parking spaces to the north of the existing office building.

The permit applicant has provided a detailed breakdown of anticipated employee details on behalf of Council’s Community Buildings Department / Parks identifying likely car parking demand and anticipated trip generation associated with each stage. Within stage 1, the Planning Report identified that:

The municipal depot will require approximately 30 full time staff or part equivalent at the conclusion of stage 1 works.

This demonstrates that provision of 38 car parking spaces associated with stage 1 would exceed the anticipated car parking demand associated with municipal depot use during this stage. Consequently, Planning Officers consider that this arrangement should be able to be accommodated within the subject site and should not result in unreasonable car parking demand on the local street network. Stage 2 (Subject to future Council approval of Capital Works program) includes:

The provision of the thirty-eight (38) car parking spaces as outlined within stage 1.

The provision of two (2) secure car parking sheds to the south of the ‘outdoor materials storage area (stage 1) allowing for the provision of fourteen (14) car parking spaces within each building – an additional twenty-eight (28) parking spaces in total.

Sixteen (16) trailer parking spaces.

A total of 66 car parking spaces (excluding the 16 trailer parking spaces).

Similarly, the permit applicant provided detailed breakdowns of anticipated demand and trip generations, indicating that:

32 Private vehicles will be driven to work and parked for the day and will depart at the end of the day = 62 movements.

There will be a total of 58 City of Kingston Vehicles

25 of these vehicles will be driven home in the evening.

o Allowance has been made for each vehicles to arrive the yard twice per day

and depart twice per day = 100 movements.

o Generally arrival will be between 6.30am – 8.30am and leave between 3pm

and 5pm.

o The depart and return during the working day will be random between 8am

and 4.30pm.



Trim: IC14/143 382

33 of these vehicles will be parked in the depot overnight.

o Allowance has been made for each vehicle to arrive and depart at the start

and finish of each day plus 50% to return and depart during the working day = 99 movements.

o They will depart the depot between 6.45am – 8.30am and arrive back at the

between 2.45pm and 4pm.

o Depart and return during the working day will be random between 8.30am

and 4.00pm.

c) Car Parking Provision:

The maximum anticipated car parking demand associated with the proposed depot at the completion of stage 2 would amount to ninety (90) car parking spaces. The proposed arrangement falls short of this anticipated demand by twenty-four (24) car parking spaces. Importantly, given that the depot is identified as a innominate use within the Planning Scheme, no specific car parking requirements are identified within table 1 of Clause 52.06-5. As a result, car parking for all new uses should be provided to the satisfaction of the Responsible Authority. In this regard, Council’s Traffic Engineering Department have identified deficiencies in the proposed car parking provision as follows:

‘Two sheds are proposed for Stage 2 that contains a total of 28 parking spaces. According to page 7 of the town planning report, a total of 58 City of Kingston vehicles are expected in addition to the 32 private vehicles (located in the north carpark). The provision of 28 parking spaces falls short by 24 parking spaces. The propose plan must show the location of these additional 24 parking spaces. These parking spaces must be clearly marked with a durable all-weather seal’.

Consequently, Planning Officers recommend the provision of a condition on any issued permit to allow for the provision of an additional 24 car parking spaces within he subject site. Given the extent of the site (in excess of 1.5ha); it is considered that there is ample availability for the provision of the required car parking spaces. Importantly, the provision of the additional parking spaces must not compromise the delivery / (or large format) vehicle manoeuvrability for all delivery vehicles. This should be included as a condition on any issued permit to ensure that there is adequate car parking provision and no detrimental impacts on car parking availability within the local street network. Additionally, the applicant has indicated that the proposed sixteen (16) car parking spaces would not be required and could be reduced to two (2) oversized parking bays measuring 3.6m wide x 13m long. These arrangements are supported by Council’s Traffic Engineering Department. Any re-design of the car parking arrangements should also incorporate the aforementioned changes, by way of a condition on any issued permit.

d) Traffic Generation:

As outlined above, it is likely that following the completion of stage 2, the proposed depot would result in:

62 daily movements associated with 32 Private vehicles will be driven to work and parked for the day;



Trim: IC14/143 383

100 movements for 25 (of 58) City of Kingston vehicles driven home in the evening (arrival between 6.30am – 8.30am and leave between 3pm and 5pm).

99 movements for 33 (of 58) City of Kingston vehicles parked in the depot overnight ( allowance for 1 x arrive and 1 x departure plus 50% to return and depart during the working day)

Ongoing departure and returning of vehicles during the working day would be random between 8.30am and 4.00pm.

Council’s Traffic Engineering Department have not objected to the proposed use and anticipated trip generation to the local street network. It is therefore considered that there would be no unreasonable anticipated demand on traffic generation within the immediate and wider street network, and it is considered that the Mills Road / shared accessway intersection would be able to accommodate the maximum anticipated vehicle / trip generation during peak hour demand.

e) Accessibility:

Council’s Traffic Engineering Department have outlined a number of deficiencies in he proposed car parking arrangement meeting the relevant Australian Standards and Clause 52.06-8 (Design Standards for Car Parking). Accordingly, the following observations and recommendations have been made:

Vegetation abutting the western boundary, of the site must be maintained at a height no more than 600mm, for at least 12m from the northern boundary of the site.

No signage should be placed on or adjacent to the fence, on the western boundary, for at least 12m from the northern boundary of the site.

All pedestrian footpaths and line marked walk paths must have an even surface and a gradient of no more than 1:14. It has been noticed during the site visit that a small section of the exiting footpath has an uneven surface and is currently marked with a white paint, which must be flattened.

All driveway and carpark must have an all-weather, sealed and durable surface.

The proposed driveway and carpark should be well lit and secure.

The proposed development must consider internal vehicle circulation after the completion of Stage 2, and adequate line marking and signage must be provided to facilitate safe vehicular movements.

Consequently, Planning Officers recommend that the above-mentioned recommendations are included as conditions on any issued permit in order to ensure adequate vehicle manoeuvrability within the subject site. Additionally, recommendations were identified that did not relate to the planning permit application including recommendations for the body corporate manager for all properties utalising the shared driveway to Mills Road (i.e. No. 62 Mills Road and No. 48 - 64 Mills Rd) It was recommended that the owners agree to:

Fill in the rutted edges with suitable material to stabilise the area. This will limit potential damage when any future vehicle goes over the edge of the seal and reduce the potential of a pedestrian tripping in that area; and

Keep the sealed area of the internal access road to 62 Mills Rd, clear of any parked vehicles or vehicles undertaking deliveries. This will ensure that



Trim: IC14/143 384

drivers of large vehicles have safe convenience access to and from 62 Mills Rd, at any time. This will also limit future rutting of the edges.

Given that these issued are beyond the scope of Council’s Planning Department and the consideration of the planning permit application, these issues cannot be considered as part of this planning permit application. However, these recommendations are likely to be required to be addressed prior to the operation of the depot, following approvals / consent, as necessary, from the relevant external authorities and/or Body Corporate Organisation(s).

Clause 52.07 – Unloading and Loading of Vehicles: UM LOADING BAY DIMENSIONS

Where a new building to be used for the manufacture, storage, service or sale of goods or materials is 2,600m2 or less in single occupation, the following provision for a designated loading area is required:

Area - 27.4m2 Length - 7.6 metres Width - 3.6 metres

Height clearance - 4.0 metres The nature of the proposed depot use is not specifically confined to the storage, manufacture or servicing of good or materials and would therefore not be required to comply with the requirements of this provision. Nevertheless, it is noted that the proposed deport is likely to generate a likely demand for loading and unloading of goods. It is considered that the extensive areas to the west of the external storage bins should sufficiently accommodate the loading and unload of materials and/or good from Depot vehicles, as required, within the subject site.

14.0 GENERAL COMMENT The proposed use is considered to be consistent with the planning scheme objectives and the surrounding land uses. It is not considered that he proposed use and development would have any material detrimental to the amenity of the surrounding area in terms of traffic generation / car parking demand or other industrial considerations including noise, dust or odour emissions. Subject to the inclusion of suitable conditions, the proposal is considered reasonable and warrants support.

15.0 CONCLUSION:

15.1 On balance, the proposal is considered to substantially comply with the relevant planning

policy and therefore should be supported.




15.3 The proposed amendment is considered appropriate for the site, subject to conditions, as

evidenced by:



Trim: IC14/143 385


The mitigation of off-site amenity impacts and detrimental impacts to the surrounding

area (subject to appropriate conditions); and

A suitable level of compliance with all relevant policies including:

o Clause 21.02 – Municipal Profile, Clause 21.03 – Land Use Challenges for the

New Millennium, Clause 21.04 – Vision, Clause 21.07 – Industrial Land Use; and

Clause 33.01 - Industrial 1 Zone of the Kingston Planning Scheme.

Appendices

Appendix 1 - KP13/719 - 62 Mills Road, Braeside - Considered Plans (Trim No 14/12475)

Author/s: Stephen Iannarelli, Statutory Planner


4.10

KP719/2013 - 62 MILLS ROAD BRAESIDE (COUNCIL DEPOT)

1 KP13/719 - 62 Mills Road, Braeside - Considered Plans .......... 389



389

KP13/719 - 62 Mills Road, Braeside - Considered Plans KP13/719 - 62 Mills Road, Braeside - Considered Plans



390



391



392



393



394



395



396



397



398