upc2 1159-1163 burke road, kew - city of boroondara · report officer: cassandra rea - coordinator...

Urban Planning Special Committee Agenda 03/04/17

UPC2 1159-1163 Burke Road, Kew Application no.: PP15/01258 (File 40/409/03711) Responsible director John Luppino

City Planning Authorised by: Simon Mitchell

Manager Statutory Planning Report officer: Cassandra Rea -

Coordinator Statutory Planning

Abstract Proposal An application has been made to Council for the construction of a building comprising a cafe, offices and dwellings, a reduction in the standard car parking requirement (3 spaces) and waiver of the loading bay requirements. All existing buildings are to be demolished (no planning permit required). It is noted that use of the land for the purpose of a café and office is not subject to planning approval, as these uses are ‘as of right’ in accordance with the Commercial 1 Zone. Details of the development are provided within the attached report. The proposed building is to be maximum height of 12m and constructed with a combination of textured finished concrete, feature metal cladding and large expanses of glazing. Screening is finished with horizontal timber look battens. A verandah is incorporated into the front facade over the footpath, with a height of 3.15m above pavement level. Issues Increased traffic in the laneway affecting garage access/impact of cars queuing in

laneway. Insufficient car parking will impact neighbouring streets, which are already subject

to high parking levels/impact a lack of loading bay will have on neighbouring streets.

Increase in noise, including the first floor terrace. Bulk/mass of the building and excess overall height. Overshadowing & overlooking. Officer's response Car Parking/ Traffic With regard to traffic concerns raised, it is noted that the proposal seeks to provide the required number of onsite car parking for all dwellings, as well as the office in accordance with Clause 52.06 (Car Parking) of the Boroondara Planning Scheme. The proposal seeks a dispensation for 3 parking spaces which are associated with the proposed café. Council’s Traffic and Transport Department have undertaken a detailed assessment of the proposal and the submitted Traffic Report prepared by Traffix Group and have advised that the proposed waiver is an acceptable outcome, within the context of the site and surrounds due to the availability of nearby public parking.

City of Boroondara 1159 Burke Road of 95


It is considered that impacts of traffic within the rear lane way will be effectively managed via conditions of any approval granted. This includes the efficient functionality of the proposed car stackers to ensure minimal delays for any cars which may be required to queue in the laneway. Noise Any concerns with regard to noise generated after occupancy can be pursued as a civil nuisance matter. It is noted that the subject site is located in a Commercial 1 Zone and abuts a Category 1 Road Zone. Whilst the site has a residential interface to the rear (which is discussed in detail in the report), it is not unreasonable to expect that some noise of a commercial nature will result. Noise during construction is managed though the EPA regulations and the Public Health and Wellbeing Act. Built Form With regard to built form, the proposal has achieved an appropriate level of compliance with the relevant building height and setback provisions of Clause 43.02 (Design and Development Overlay Schedule 16), with the exception of the upper level street setback. It is noted that policy seeks a 5.0m upper level street setback and the proposal seeks to construct a 4.0m setback. Council’s Urban Designer has reviewed the proposal in detail and provides that the proposed 4.0m setback is appropriate within the context of the site, indicating that the upper level is well recessed and distinguishable from the main building façade through materiality and architectural detailing. As such, it is considered that a variation to the Policy is acceptable in this case. The proposal demonstrates compliance with Standard B17 (Side and Rear Setbacks of Clause 55 (Two or more Dwellings on a Lot). Overlooking It is noted that impacts relative to overlooking have been considered and all opportunities for overlooking adjoining habitable room windows and/or open space have been screened in accordance with Standard B22 (Overlooking) of Clause 55. Overshadowing Impacts of overshadowing to the western adjoining residential interface have been assessed and it is noted that shadowing occurs from 9am but is clear of shadowing before 12noon. The majority of the proposed shadow impact is on the garages of the two western adjoining dwellings. The existing fencing of these dwellings contributes to their own overshadowing due to the orientation of the site.



Officers' recommendation That the Urban Planning Special Committee resolve to advise the Victorian Civil and Administrative Tribunal that it supports the application for construction of a building comprising cafe, offices and dwellings, a reduction in the standard car parking requirement and waiver of a loading bay at 1159-1163 Burke Road, Kew subject to the following conditions: Amended plans required 1. Before the development starts, amended plans to the satisfaction of the

Responsible Authority must be submitted to and approved by the Responsible Authority. The plans must be drawn to scale with dimensions and three (3) copies provided. When the plans are endorsed they will then form part of the permit. The plans must be substantially in accordance with the amended plans received 25 January 2017 which include the provision of 3 additional onsite parking spaces for the proposed office use and one residential visitor parking space, but modified to show:

a) A schedule of proposed construction materials, external finishes and

colours (with swatch samples) including details of a suitable treatment to the northern external wall to Dean Street to improve visual interest and articulation;

b) Details of all required visual screens in accordance with Standard B22 (Overlooking) of Clause 55 (ResCode) of the Boroondara Planning Scheme;

c) Detail regarding the operation of the ‘dependent’ car stacker arrangement; d) A notation on the relevant site plan/s indicating that each double car

stacker be allocated to the same office tenancy to improve the maintenance of access to the lower level spaces

e) A notation on the relevant site plan/s indicating the requirement for lower level spaces to be occupied prior to using those spaces on the ground level;

f) A sign to be included in a highly visible location, shown on the relevant site plan/s indicating use of the waiting bay by vehicles when the lift is in use;

g) The proposed visitor parking space to include a sign specifying when the space is to be kept clear for waste collection purposes in accordance with the submitted Waste Management Plan;

h) A notation on the relevant site plan/s indicating the installation of a car lift with a minimum speed of 0.6m/sec’;

i) The provision of the 3 visitor bicycle spaces on-site, outside of the secure basement;

j) Details of external lighting to be shown on all relevant site and elevation plan/s;

k) An updated Sustainable Management Plan, in accordance with the report submitted with the application (prepared by F2 Design dated November 2015) but updated to reflect a scorecard which is indicative of the final development product; and

l) A Construction Management in accordance with Condition 22 of this permit.

Layout not to be altered 2. The layout of the site and the size, levels, design and location of buildings and

works shown on the endorsed plans must not be modified for any reason (unless the Boroondara Planning Scheme specifies that a permit is not required) without the prior written consent of the Responsible Authority.



Drainage 3. The site must be drained to the satisfaction of the Responsible Authority. Driveways and car parking areas to be constructed 4. Before the use starts or any building is occupied, area/s set aside for car

parking, access lanes and driveways shown on the endorsed plans must be:

a) Constructed; b) Formed to such levels and properly drained so that they can be used in

accordance with the endorsed plans; c) Surfaced with an all weather seal coat; d) Line marked to indicate each car space; e) Clearly marked to show the direction of traffic along the access lanes and

driveways; and f) Drained

to the satisfaction of the Responsible Authority.

Number of car parking spaces 5. A minimum of 45 car parking spaces must be provided on the land, to the

satisfaction of the Responsible Authority. Use of car parking spaces and driveways 6. Car spaces, access lanes and driveways shown on the endorsed plans must

not be used for any other purpose, to the satisfaction of the Responsible Authority.

Carpark control equipment 7. Before the use starts or any building is occupied, details of any car park control

equipment (controlling access to and egress from the internal/basement car park/s) must be submitted to and approved in writing by the Responsible Authority. These details must include a car park control device which can be accessed by visitors to the development including clear instructions on how to operate any security system.

Model of car stacker in the basement car park 8. Unless otherwise agreed in writing by the Responsible Authority, the model of

car stacker used in the basement car park is to be the Wohr Parklift 440-2.

Car stackers installed 9. Before the use starts or any building is occupied, car stackers must be installed

in accordance with the endorsed plans. Maintenance of car stackers 10. The car stackers must be routinely serviced and maintained to the satisfaction

of the Responsible Authority to ensure satisfactory access to all car spaces and to prevent any adverse effect on adjoining land by the emission of noise.

Lighting of carparks and accessways 11. Low intensity lighting must be provided to ensure that car park areas and

pedestrian accessways are adequately illuminated without any unreasonable loss of amenity to the surrounding area, to the satisfaction of the Responsible Authority.



Vehicle crossovers 12. Any new vehicle crossover or modification to an existing vehicle crossover must

be constructed to the satisfaction of the Responsible Authority. Boundary walls 13. The external faces of walls on or facing boundaries must be cleaned and

finished to an acceptable standard to the satisfaction of the Responsible Authority.

External lighting 14. All external lighting must be designed, baffled and located so as to prevent light

from the site causing any unreasonable impacts on the locality, to the satisfaction of the Responsible Authority.

15. At the request of the Responsible Authority, the owner or occupier must, within

30 days, baffle any unreasonable light spill to adjoining residential properties to the satisfaction of the Responsible Authority.

Security alarms 16. All security alarms or similar devices installed on the land must be of a silent

type in accordance with any current standards published by Standards Australia International Ltd and must be connected to a registered security service, to the satisfaction of the Responsible Authority.

Concealment of pipes 17. All pipes (except down-pipes), fixtures, fittings and vents servicing any building

on the site must be concealed in service ducts or otherwise hidden from external view, to the satisfaction of the Responsible Authority.

Plant/equipment or features on roof 18. No plant, equipment, services or architectural features other than those shown

on the endorsed plan/s are permitted above the roof level of the building/s without the prior written consent of the Responsible Authority.

Regular waste removal 19. All waste material not required for further on-site processing must be regularly

removed from the site in accordance with the specifications of the Waste Management Plan prepared by Leigh Design, dated 8 September 2015. All vehicles removing waste must have fully secured and contained loads so that no wastes are spilled or dust or odour is created, to satisfaction of the Responsible Authority.

Maintenance of waste storage area 20. All bins and receptacles used for the collection and storage of solid waste,

recyclables and other wastes must be kept in a designated area, to the satisfaction of the Responsible Authority. This storage area must be: a) Properly paved and drained to a legal point of discharge; b) Screened from view with a suitably designed enclosure; c) Supplied with adequate hot and cold water; and d) Maintained in a clean and tidy condition free from offensive odours

to the satisfaction of the Responsible Authority.



Hours for waste collection 21. Collection of waste must be conducted so as not to cause any unreasonable

disturbance to nearby residential properties and may only take place during the following times:

One collection per week Monday to Saturday: 6:30am to 8:00pm Sunday & Public Holidays: 9:00am to 8:00pm

Two collections per week Monday to Saturday: 7:00am to 8:00pm Sunday & Public Holidays: 9:00am to 8:00pm to the satisfaction of the Responsible Authority.

Construction Management Plan 22. Prior to the commencement of any site works, including demolition and

excavation, a Construction Management Plan must be submitted to and endorsed by the Responsible Authority. No works are permitted to occur until the Plan has been endorsed by the Responsible Authority. Once endorsed, the Construction Management Plan will form part of the permit and must be implemented to the satisfaction of the Responsible Authority. The plan must be prepared in accordance with Council’s Construction Management Plan Template and provide details of the following: a) Construction activity hours in accordance with conditions of this permit; b) Measures to control noise, dust, water and sediment laden runoff; c) Measures relating to removal of hazardous or dangerous material from the

site, where applicable; d) A plan showing the location of parking areas for construction and sub-

contractors' vehicles on and surrounding the site, to ensure that vehicles associated with construction activity cause minimum disruption to surrounding premises. Any basement car park on the land must be made available for use by sub-constructors/tradespersons upon completion of such areas, without delay;

e) A Traffic Management Plan showing truck routes to and from the site; f) Swept path analysis demonstrating the ability for trucks to enter and exit

the site in a safe manner for the largest anticipated truck associated with the construction;

g) A plan showing the location and design of a vehicle wash-down bay for construction vehicles on the site;

h) Measures to ensure that sub-contractors/tradespersons operating on the site are aware of the contents of the construction management plan;

i) Contact details of key construction site staff; j) A site plan showing the location of any site sheds, on-site amenities,

building waste storage and the like, noting that Council does not support site sheds on Council road reserves; and

k) Any other relevant matters, including the requirements of VicRoads and Yarra Trams.



Hours for demolition and construction 23. All works including earthworks, demolition and construction activity associated

with the approved development must take place only during the following hours, except with the prior written consent of the Responsible Authority:

Monday to Thursday: 7:00am to 6:30pm Friday: 7:00am to 5:00pm Saturday: 8:00am to 5:00pm Sunday/Public Holidays: No construction

Provision of letter boxes 24. Provision must be made on the site for letter boxes and receptacles for papers

to the satisfaction of the Responsible Authority. Sustainable Management Plan 25. The recommendations contained in the approved Sustainable Management

Plan to be undertaken to the satisfaction of the Responsible Authority Permit to expire: 26. This permit will expire if:

a) The development does not start within two (2) years of the issue date of

this permit; or b) The development is not completed within four (4) years of the issue date of

this permit.

The Responsible Authority may extend the times referred to if a request is made in writing before the permit expires or: (i) within six (6) months afterwards if the development has not commenced;

or (ii) within twelve (12) months afterwards if the development has not been

completed.

Council and the Victorian Civil and Administrative Tribunal are unable to approve requests outside of the relevant time frame.

Notes: Headings are for ease of reference only and do not affect the interpretation of permit conditions. This is not a Building Permit. A Building Permit may be required prior to the commencement of any works associated with the proposed development. Prior to the commencement of any works on the site, the owner/developer must submit drainage plans for assessment and approval by the Responsible Authority (Asset Management). Stormwater drains are to be connected to a legal point of discharge approved by Council. Drainage Connections within a road reserve, right-of-way, parkland, within an easement or to a Health Act drain must be to Council’s standards. A Council Supervision Permit is required for this work. All fees and charges associated with the connection are to be borne by the applicant.



Prior to the commencement of any works on the site, the owner / developer must submit any new vehicular crossover or modification or alteration to an existing crossover proposal for assessment and approval by the Responsible Authority (Asset Management). An Asset Protection Permit is required prior to the commencement of site works in accordance with Council’s Protection of Council Assets and Control of Building Sites Local Law 2011. Prior consent from Council and any and all public authorities is required to be obtained for alteration or reinstatement of assets or services affected as a result of the development. Any arrangement to provide bicycle spaces on the footpath requires approval from the relevant Council department. The full cost of reinstatement of any Council assets damaged as a result of demolition, building or construction works, must be met by the permit applicant or any other person responsible for such damage, to the satisfaction of the Responsible Authority. Discharge to the legal point of discharge will be allowed subject to the flow being limited to a rate equivalent to pre-development levels or less. Any additional discharge and / or runoff above the pre-development level is to be detained on site, via an approved storm water detention system. This matter should be discussed with Council’s Asset Management Department. The permit application has been assessed against the provisions of Clause 55 – Two or More Dwellings on a Lot (ResCode) of the Boroondara Planning Scheme. Residents of the development approved by this permit will not be issued resident parking permits (including visitor parking permits).


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STATUTORY PLANNINGOFFICERS REPORT Urban Planning Committee

Application Number PP15/01258 Date Application Received 07/01/2016 Planning Officer Emily Blyth/ Cassandra Rea

Applicant Benluk Pty Ltd C/- Planning Studio On Peel

Owner AL Manly Property Address 1159-1163 Burke Road, Kew Proposal Construction of a building comprising cafe, offices

and dwellings, a reduction in the standard car parking requirement and waiver of a loading bay.

Ward Cotham Zoning Commercial 1 Zone (C1Z)

Adjacent to land in a Road Zone 1 (RDZ1) Overlays Design and Development Overlay 16 (DDO16)

Parking Overlay 1 (PO1) Drainage Area of Interest? Yes (in part to the rear) Advertised? Yes Number of Objections Received Eight (8) Recommendation An application for review was lodged with the

Victorian Civil and Administrative Tribunal against Council’s failure to make a decision on the application within the prescribed time. The recommendation is that Council advise VCAT that it would support the application subject to conditions.

Urban Planning Special Committee Agenda 03/04/17______________________________________________________________________________________

______________________________________________________________________________________City of Boroondara 1159 Burke Road of 95

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An application for review was lodged with the Victorian Civil and Administrative Tribunal against Council’s failure to make a decision on the application within the prescribed time.

PLANS ASSESSED IN THIS REPORT Plans amended on 14 June 2016 with additional carparking layout changes dated 21 November 2016

PROPOSAL

Appendix A - Plans

An application has been made to Council for the construction of a building comprising a cafe, offices and dwellings, a reduction in the standard car parking requirement and waiver of the loading bay requirements.

Details of the proposal are summarised as follows:

All existing buildings are to be demolished (no planning permit required). Construction of a four storey mixed use building comprising a cafe, office and

apartments as follows:

Basement Level 1 & 2 & Lower Ground Floor o A three level basement comprising 45 car spaces, 9 bicycle spaces, lift core

and storage, accessible by a ramp along the northern boundary for lower ground level parking and a car lift for Basement Levels 1 & 2.

o Office space at Lower Ground Floor of 205 m2 in area. o Built to the eastern, northern and southern boundaries. o Setback between 1.05 and 2.75m from the western boundary.

Ground Floor o Main pedestrian entry. o Cafe with an area of 170m2.



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o Office with an area of 288m2 and an adjacent 23m2 of courtyard. o Built to the eastern, northern and southern boundaries. o Setback 2.03m from the western boundary.

First Floor o Two offices totalling 529m2.o Rear terrace of 34m2.o Built to the eastern, northern and southern boundaries. o Setback 5.27m from the western boundary, with the terrace setback 2.37m.

Second Flooro Five dwellings comprising, two three-bedroom apartments, two two-bedroom

apartments and one one-bedroom apartment. o Apartment size ranges from 51m2 to 133m2.o Secluded open space terraces located in the front and rear with areas ranging

from 18m2 to 22m2.o Built to the northern and southern boundaries. o Building setback 4m from the eastern boundary with the terraces built to the

boundary. o Building setback 7.36m from the western boundary with the terraces setback

3.75m.

Roof Levelo Roof terraces associated with each of the dwellings and the office areas. o The terraces are setback 7.03m from the eastern boundary, 8m from the

western boundary, between 1.41m and 2.02m from the northern boundary and between 1.27m & 2.06m from the southern boundary.

The building has a maximum height of 12 metres. The building is to be constructed with a combination of textured finished concrete,

feature metal cladding and large expanses of glazing. Screening is finished with horizontal timber look battens.

A verandah is incorporated into the front facade over the footpath, with a height of 3.15m above pavement level.

THE SITE



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Appendix C - Locality Plan

Site Location The subject site is located on the west side of Burke Road, within the Mount Street Neighbourhood Centre.

Width of Frontage 14.78m Maximum Depth of Site 48.76m Total Site Area 702.20m2

Easements The site is encumbered by sewerage, drainage and party wall easement in various locations.

Fall of the Land The site has a moderate fall from the east to the west of approximately 2.5 metres.

Front Fence Details The site does not have front fencing.

The subject site is currently developed with a two-storey commercial building (which was initially three separate tenancies, but is currently utilised as two) constructed of brick.

The existing building is built to the street frontage. Vehicle access is via a rear laneway.

The subject site is devoid of significant vegetation.

THE SURROUNDING AREA

Aerial photograph of 1159-1163 Burke Road, Kew, and surround



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1159-1163 Burke Road, Kew

North: The land to the north is known as 1165-1167 Burke Road and contains two two-storey brick buildings. Vehicle access to the land is from the rear laneway, with parking located within carports, a garage and open backyard. An awning wraps around the premises along Burke Road and Dean Street. The land is currently utilised for commercial purposes and the existing building has a zero lot line to Burke Road and Dean Street.

South: The land to the south is known as 1153 Burke Road, and contains a part two-storey, part three storey contemporary building comprising offices. Pedestrian access is via both Burke Road and the side street Mount Street. Vehicle access is to the rear via the rear laneway to a basement car park. Some at grade parking is also available at the rear of the building.

West: The land immediately to the west of the site comprises a rear laneway with a 3.15m width. Beyond this there are two dwellings known as 1 Dean Street and 137 Mount Street. Both dwellings are single storey brick dwellings with a pitched tiled roof. Vehicle access to each dwelling is via the laneway at the rear of the subject land to a pair of double garages.

Subject Site



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Street network, transport and parking: Burke Road is a main road with four traffic lanes. A tram service runs down the centre of the road, with a tram stop located outside the office building at 1153 Burke Road. Opposite the site is Mont Albert Road, with the intersection with this road and Burke Road being controlled by traffic lights.

The rear laneway is accessed by two local streets, Mount Street and Dean Street. Burke Road is “No Standing” in front of the subject land and directly adjoining buildings. Parking in the side streets is generally restricted during business hours to 1 hour, 2 hour and Resident Permit parking.

RESTRICTIVE COVENANT/AGREEMENTS

No covenant or restriction has been registered on Title to this property.

ABORIGINAL CULTURAL HERITAGE

Is the site within an area of Aboriginal cultural heritage sensitivity? No Is a Cultural Heritage Management Plan required? No

PERMIT/SITE HISTORY

A review of Council records indicates that there have been no previous planning applications at the subject site.

NOTICE OF APPLICATION

Pursuant to Section 52 of the Planning & Environment Act 1987, the application was advertised by:

Sending notices to the owners and occupiers of adjoining land; and

Placing signs on the land for a period of 14 days.

Eight (8) objections have been received to the proposal. The grounds of objection are summarised as follows:

Increased traffic in the laneway affecting garage access.



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Reduced manoeuvrability to garage at 1 Dean Street. Impact of cars queuing in laneway. Lack of loading bay will impact neighbouring streets. Insufficient car parking will impact neighbouring streets, which are already

subject to high parking levels. Increase in noise, including the first floor terrace. Mass and bulk of the building. Excess building height. Overshadowing & overlooking. Access impacts during construction.

Loss in property value.

AMENDMENTS TO THE PROPOSAL

Amended plans were submitted to Council after notification on 14 June 2016 and 21 November 2016, detailed as follows:

Provision of an upward vehicle ramp along the northern boundary. Finished floor levels for the lower ground level office lowered by 300mm. Finished floor levels for the ground floor cafe, lowered by 150mm. Overall effect is the raising of the level at the basement entry to avoid overland

flows into the basement. No change to the overall height of the building.

It was considered that the proposed changes were minor in nature and did not warrant re-notification.

Concept plans were submitted on the 25 January 2017 and are attached at Appendix B. The main changes included the sign posting of the west truck loading area to allow visitor parking outside waste collection times and the increase in setback to the rear boundary to comply with Rescode.

INTERNAL REFERRALS

Waste Management



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The WMP is satisfactory for private waste collection. The collection is proposed from rear laneway. Please have Traffic and Transport check if access for waste trucks is possible.

Officer Comment

The advice of the Waste Management Department is noted. Councils’ Traffic and Transport Department have provided comment on access for waste collection below.

Drainage

I have discussed the overland flow assessment with my colleagues and they are satisfied that the revised plans will adequately mitigate overland stormwater flow risks to the site. Therefore, unless further alterations to proposed levels are proposed, it will not be necessary to conduct an independent catchment analysis.

Officer Comment

The advice of the Drainage Engineer is noted.

Urban Design

The subject site falls on Burke Road within the Mount Street Neighbourhood Centre in the DDO16. A maximum street wall height of 8 metres applies followed by a preferred minimum upper storey setback of 5 metres and a mandatory overall building height of 11 metres.

The DDO allows some encroachment on the maximum building height in certain circumstances such as where the slope of the natural ground level at any cross section wider than 8 metres is 2.5 degrees or more, in which case the maximum overall building height is increased to 12 metres, which is the case for the subject site. The maximum building height can also be exceeded to accommodate rooftop services that are designed as architectural rooftop features or hidden from view from any adjacent public space. Rooftop services include, but not limited to, plant rooms, air conditioning, lift overruns, roof top gardens, decks, and communal outdoor spaces and their ancillary facilities.

Other relevant requirements in the DDO include a minimum setback of 3 metres from any boundaries shared with properties in a Residential Zone with the Res Code



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height/setback requirements applying thereafter. A few exceptions apply to this rule; for instance, a basement level can encroach into the setback zone. Where a service lane/laneway separates the rear boundary of the site from a property in a Residential Zone, Res Code setbacks can be measured from the rear boundary.

The proposal seeks support for a three-storey mixed-use building containing a café, offices, and apartments with three levels of basement car parking. The proposal generally complies with the DDO’s mandatory street wall and overall building height limits. The proposed development seeks to vary the preferred 5m setback above the 8m high street wall to 4 metres. From a purely streetscape point of view, the variation sought will have little impact, if any, given the relatively modest street wall and overall building heights, and as such is supported on urban design grounds.

The proposed café and generously proportioned entry lobby on the ground floor level should provide a high degree of street activation and interaction with the public realm. The high level of transparency and visual permeability between the interiors of the podium levels and the street environment will ensure a visually interesting, engaging, and animated façade at the street wall levels.

In addition to the DDO, Clause 22.10 provides a number of urban design policy provisions that should be considered when assessing development in neighbourhood centres and commercial corridors. For instance, the policy encourages a high level of facade articulation and design treatments that maintain the fine-grain shop front patterns of existing retail and commercial premises. The existing shops on the site have a vertical emphasis that reinforces the fine-grain character, but this, in fact, disrupts the existing horizontal rhythm exhibited within this section of the street, the block between Dean and Mount Streets. The proposal replaces the three shops with a single building façade that spans over all three allotments. The horizontal emphasis in the proposed façade, especially on the first floor, is softened by the transparency of this level and the visibility of the interiors behind including the artwork, and to some extent complements the strong horizontal rhythm within this section of the centre. The division of the ground floor façade in the proposal into three sections through highly expressed structure columns should assist in achieving the DDO’s objectives.

Overall, the proposal delivers a high-quality architectural design that makes efficient use of the site while enhancing the appearance of the neighbourhood centre and as such, warrants support on urban design grounds. The proposal makes a considerable effort to comply with most of the relevant policy provisions. For instance, the scheme provides a



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continuous canopy over the footpath along the entire ground floor frontage, which should provide adequate weather protection for pedestrians. Further, the design concept utilises robust, high-quality finishes, especially at street wall levels. The roughness and brutality of the textured concrete is toned down and softened by the natural warmth of timber. The upper level is well recessed and distinguishable from the main building façade through materiality and architectural detailing. The incorporation of internal, feature walls that are visible from the street on both the ground and first floors should add another layer of visual interest and depth to the Burke Road façade.

The finishes palette appears to be of high quality but this should be ascertained via a physical sample board and a coloured set of elevations, in particular for the Burke Road (front) and laneway (rear) facades. Ideally, more details should be provided on any proposed signage and artworks/feature walls proposed, which should clarify materiality, colour, theme/pattern, texture, etc., and demonstrate that these elements are well integrated into the design of the building exteriors and broader streetscape. Any visible sections of the side elevations should be articulated through variation to façade surface alignment and materiality to ensure they achieve a reasonable level of visual interest, particularly where visible from the public realm.

In conclusion, the application can be approved subject to a physical sample board and a coloured set of elevations, as detailed above.

Officer Comment The advice from Council’s Urban Designer is noted, in particular the need for detailing regarding the side elevations and conditions can be applied to require the provision of a physical sample board and coloured elevations.

Traffic & Transport Department - Traffic Engineers

The proposed development has a Planning Scheme requirement for 49 parking spaces (7 resident, 1 residential visitor, 5 shop and 36 office parking spaces. There are 46 parking spaces now proposed (7 resident, 1 visitor, 2 shop and 36 office) with a shortfall of 3 spaces (3 shop).

In relation to the proposed parking shortfalls: Shop - The statutory parking provision is for five spaces, with currently two spaces proposed. Dispensation for three customer spaces has been deemed acceptable by Traffic and Transport with surveys indicating nearby parking availability. It is accepted that most customers would come



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from shopping strip employees and users, passing traffic and from the immediate area.

A permit condition should be specified requiring the provision of the three visitor bicycle spaces on-site, but outside of the secure basement. Any arrangement to provide these bicycle spaces on the footpath would need to be discussed with Council beforehand.

Clarification is requested regarding how the ‘dependent’ car stacker arrangement will work and how the car stacker will be restricted from rising if vehicles are already parked on the ground level. It is recommended that each double car stacker be allocated to the same office tenancy to improve the maintenance of access to the lower level spaces given the requirement to be occupied prior to using those spaces on the ground level. This is similar to previous traffic comments. The allocation of tandem spaces to the same tenancy is recommended and this should be specified in a permit condition.

The proposed car stackers, based on the Wohr Parklift 440-2 specifications provided, provide individual clear platform widths of 2.4m per vehicle. It is acknowledged that turning templates showing access to the car stacker spaces have not been provided, however with the spaces to be used as office parking by users familiar with the location, that multiple access manoeuvres for access are permitted and that a 6.4m wide aisle is being provided, the proposed car stacker access arrangements are considered acceptable.

Traffic and Transport supports previous comments in the November 2015 traffic report by Traffix Group, for permit conditions requiring:

o ‘the use of the waiting bay by vehicles when the lift was in use’ ando ‘installation of a car lift with a minimum speed of 0.6m/sec’ to ensure a

high level of service by the car lift.

As the boundary between the site and the bluestone laneway is clear, waste collection must be undertaken within that loading area to allow for other traffic movements along the laneway. It is considered that the new arrangement for waste collection will be achievable and therefore are acceptable.

In summary the development is supported subject to the following:



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The operation of the car stackers are conditional, that is the ground floor space cannot be used if access is required to the lower parking space. Clarification on how this operation will be achieved is to be provided.

Permit conditions such as the visitor bicycle spaces; use of the waiting bay, car lift speed and allocation of tandem and car stacker spaces.

Officer Comment The advice of Council’s Traffic Engineer is noted. Conditions will be included regarding the ongoing management of parking areas and provision of bicycle spaces as appropriate.

It is further noted that the proposal seeks a combined use of the residential visitor parking space and private waste collection point, to ensure efficient use of this space. Waste bins are stored in the basement, except for nominated times where they are to be moved to the collection point/visitor space. The times for waste collection will be specified and monitored by the Waste Management Plan, via a condition of any permit granted. It is noted that the space will only be utilised for waste collection at limited times and will be available for use for visitor parking the majority of the time.

EXTERNAL REFERRALS

Vic Roads

VicRoads has considered the application and has no objection to the proposal with no conditions required.

GOVERNANCE ISSUES

The implications of this report have been assessed and are not considered likely to breach or infringe upon the human rights contained in the Victorian Charter of Human Rights and Responsibilities Act 2006.

The officers responsible for this report have no direct or indirect interests requiring disclosure.

CONSIDERATIONS

In assessing this application, consideration has been given to the following:



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The objectives of planning in Victoria as detailed in Section 4 of the Planning & Environment Act 1987;

Section 60 of the Planning & Environment Act 1987;

The relevant provisions and decision guidelines of the Boroondara Planning Scheme including the decision guidelines of Clause 65;

Any comment or decision of a referral authority; and Any objections received.

This proposal does not raise any significant adverse social or economic impacts. General social and economic impacts are addressed by the planning policy assessment below.

BOROONDARA PLANNING SCHEME

ZONING & OVERLAYS

Appendix D - Zoning Map

The purpose of the zone will be discussed in the “Officer Assessment” section of the report.

Commercial 1 Zone

Pursuant to Clause 34.01-1 of the Boroondara Planning Scheme, a permit is not required for the use of land as ‘accommodation’ (other than corrective institution), an Office or a cafe.

Pursuant to Clause 34.01-4 of the Boroondara Planning Scheme, a permit is required to construct a building or construct or carry out works. This does not apply to:

The installation of an automatic teller machine. An alteration to an existing building façade provided:

o The alteration does not include the installation of an external roller shutter. o At least 80 per cent of the building facade at ground floor level is

maintained as an entry or window with clear glazing. An awning that projects over a road if it is authorised by the relevant public land

manager.



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Clause 34.01-5 of the Boroondara Planning Scheme requires an application of two or more dwellings on a lot to be accompanied by a neighbourhood and site description and a design response as described in Clause 55.01 to be submitted with the application and this has been supplied.

Officer Comment:

Pursuant to the Commercial 1 Zone a permit is required for the proposed buildings and works. An assessment against the Decision Guidelines of the Commercial 1 Zone is included in the ‘Officer Assessment’ section of this report.Design and Development Overlay (Schedule 16)

Pursuant to Clause 43.02-2 of the Boroondara Planning Scheme, a permit is required to:

Construct a building or construct or carry out works. This does not apply: o If a schedule to this overlay specifically states that a permit is not required. o To the construction of an outdoor swimming pool associated with a

dwelling unless a specific requirement for this matter is specified in a schedule to this overlay.

Construct a fence if specified in a schedule to this overlay.

Buildings and works must be constructed in accordance with any requirements in a schedule to this overlay. A schedule may include requirements relating to:

Building setbacks. Building height. Plot ratio. Landscaping. Any other requirements relating to the design or built form of new development.

A permit may be granted to construct a building or construct or carry out works which are not in accordance with any requirement in a schedule to this overlay, unless the schedule specifies otherwise.

Pursuant to Schedule 16 of the Design and Development Overlay, a permit is required to construct a building or construct or carry out works. This does not apply to:

The installation of an automatic teller machine. An alteration to an existing building facade provided:



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o The alteration does not include the installation of an external roller shutter. o At least 80 per cent of the building facade at ground floor level is

maintained as an entry or window with clear glazing. An awning that projects over a road if it is authorised by the relevant public land

manager.

Officer Comment:

Pursuant to the Design and Development Overlay (Schedule 16) a permit is required for the proposed buildings and works.

An assessment against the requirements of the Design and Development Overlay (Schedule 16) is included in the ‘Officer Assessment’ section of this report.

Parking Overlay (Schedule 1)

Pursuant to Clause 45.09 of the Boroondara Planning Scheme, a varied parking rate is specified for a dwelling with all other parking rates are to be in accordance with Clause 52.06 Car Parking.

The required car parking is:

1 car parking space per one or two bedroom dwelling; 2 car parking spaces per three or more bedroom dwelling (with studies or studios

that are separate rooms counted as a bedroom); 1 car parking space for visitors to every 5 dwellings for developments of 5 or

more dwellings 3.5 car parking spaces to each 100 sqm of net floor area of office.

Officer Comment:

The proposal seeks to vary the required car parking specified under this overlay, with a shortfall of 3 car parking spaces associated with the food and drink premises (café) and accordingly requires consideration of a reduction under Clause 52.06.

A car parking assessment is included in the ‘Officer Assessment’ section of this report.

PARTICULAR PROVISIONS



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Clause 55 – Two or More Dwellings on a Lot and Residential Buildings

Pursuant to Clause 34.01-8 of the Commercial 1 Zone consideration of objectives, standards and decision guidelines of Clause 55 is required.

Clause 52.06 - Car Parking

Clause 52.06 applies to: a new use; or an increase in the floor area or site area of an existing use; or an increase to an existing use by the measure specified in Column C of Table 1

in Clause 52.06-5 for that use.

Before: a new use commences; or the floor area or site area of an existing use is increased; or an existing use is increased by the measure specified in Column C of Table 1 in

Clause 52.06-5 for that use, the number of car parking spaces required under Clause 52.06-5 or in a schedule to the Parking Overlay must be provided to the satisfaction of the responsible authority in one or more of the following ways:

on the land; or in accordance with a permit issued under Clause 52.06-3; or in accordance with

a financial contribution requirement specified in a schedule to the Parking Overlay.

If a schedule to the Parking Overlay specifies a maximum parking provision, the maximum provision must not be exceeded except in accordance with a permit issued under Clause 52.06-3.

A permit is required to: Reduce (including reduce to zero) the number of car parking spaces required

under Clause 52.06-5 or in a schedule to the Parking Overlay. Provide some or all of the car parking spaces required under Clause 52.06-5 or

in a schedule to the Parking Overlay on another site. Provide more than the maximum parking provision specified in a schedule to the

Parking Overlay.



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Table 1 of this clause sets out the car parking requirement that applies to a use listed in the Table.

Pursuant to Table 1 of Clause 52.06, the car parking requirement for a Food and Drink Premises (Cafe) is 4 spaces per 100m2 of leasable floor area.

Officer Comment:

A permit is required to reduce the car parking requirement associated with the Food and Drink Premises (Cafe) by 3 car parking spaces.

A car parking assessment is included in the ‘Officer Assessment’ section of this report.

Clause 52.07 – Loading and unloading of vehicles

Under Clause 52.07 no building or works may be constructed for the manufacture, servicing, storage or sale of goods or materials unless:

Space is provided on the land for loading and unloading vehicles as specified in the table below. The driveway to the loading bay is at least 3.6 metres wide. If a driveway changes direction or intersects another driveway, the internal radius at the change of direction or intersection must be at least 6 metres. The road that provides access to the loading bay is at least 3.6 metres wide.

A permit may be granted to reduce or waive these requirements if either: The land area is insufficient. Adequate provision is made for loading and unloading vehicles to the satisfaction of the responsible authority.

The current application seeks to waive entirely the provision of a loading bay. This is discussed further in this report.

Clause 52.34 – Bicycle Facilities

Clause 52.31-1 provides that: A new use must not commence or the floor area of an existing use must not be increased until the required bicycle facilities and associated signage has been provided on the land.



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Where the floor area occupied by an existing use is increased, the requirement for bicycle facilities only applies to the increased floor area of the use.

Under Table 1 to Clause 52.34-3 the following bicycle spaces are required:

Use Employee/Resident Visitor/Shopper/Student Requirement Dwelling In developments of

four or more storeys, 1 to each 5 dwellings

In developments of four or more storeys, 1 to each 10 dwellings

1 resident, 1 visitor

Retail other than specified in this table (Cafe)

1 to each 300 sqm of leasable floor area

1 to each 500 sqm of leasable floor area

1 staff, 0 customer

Office 1 to each 300 sqm of net floor area is the net floor area exceeds 1000sqm

1 to each 1000 sqm of net floor area is the net floor area exceeds 1000sqm

3 staff, 1 visitor

Clause 52.34-3 further provides that: If in calculating the number of bicycle facilities the result is not a whole number, the required number of bicycle facilities is the nearest whole number. If the fraction is one-half, the requirement is the next whole number.

A bicycle space for an employee or resident must be provided either in a bicycle locker or at a bicycle rail in a lockable compound.

A bicycle space for a visitor, shopper or student must be provided at a bicycle rail.

Officer Comment

The current application meets the statutory rate. Bicycle parking is discussed in this report.

OFFICER ASSESSMENT

STATE PLANNING POLICY FRAMEWORK



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The following State policies are relevant to the assessment of the current application: Clause 11 - Settlement Clause 17 - Economic Development Clause 18 - Transport

Clause 11.01 (Activity Centres) 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 and to encourage the concentration of major retail, residential, commercial, administrative, entertainment and cultural developments into activity centres which provide a variety of land uses and are highly accessible to the community.

Clause 17.01 (Commercial) seeks to encourage developments which meet the community’s needs for retail, entertainment, office and other commercial services and provide net community benefit in relation to accessibility, efficient infrastructure use and the aggregation and sustainability of commercial facilities.

Clause 18.02-5 (Car Parking) aims to ensure an adequate supply of car parking that is appropriately designed and located. All modes of travel, including walking, cycling, public transport, taxis and private vehicles to provide access should be considered and Responsible Authorities should have regard to the existing and potential modes of access including public transport, the demand for off-street car parking, road capacity and the potential for demand management of car parking, encourage the efficient provision of car parking through the consolidation of car parking facilities and the amenity of residential precincts should be protected from the effects of road congestion created by on-street parking.

Officer Comment:

The proposal for buildings and works associated with the construction of a mixed use building within an existing shopping centre is considered to be generally consistent with the broad aims of the SPPF relating to activity centres, commercial development and housing.

An assessment of the proposal to reduce the car parking required on site is included later in this report.



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LOCAL PLANNING POLICY FRAMEWORK

The following Local policies are relevant to the assessment of the current application: Clause 21.08 – Activity Centres, Neighbourhood Centres and Commercial

Corridors Clause 22.10 – Neighbourhood Centres and Commercial Corridors Land Use

and Urban Design Policy

Clause 21.08-3 of the Boroondara Planning Scheme includes the following relevant objectives:

To maintain and strengthen the network of activity centres, neighbourhood centres and commercial corridors within Boroondara. To encourage and retain the retail expenditure within Boroondara. To support neighbourhood centres to meet local convenience needs and provide community interaction. To ensure appropriate built form outcomes that visually enhance the streetscape and have regard to adjoining residential amenity. To encourage higher density development, including social and affordable housing.

Clause 22.10-2 of the Boroondara Planning Scheme seeks to ensure that development in the activity centres and commercial corridors promotes sustainability, improves functionality, accessibility and improved integration with the public realm, and addresses scale and identity through site responsive design.

Officer Comment:

The policy includes the following relevant objectives and strategies:

Relevant Objectives and Strategies Officer Comment Objective 1 –Land Use

Encourage new retail, office/commercial land use activities that expand on the floor area currently devoted to these uses.

Encourage mixed use development with retail, office and commercial activity on the ground floor and higher density residential

Council’s Urban Designer has stated that ‘the policy encourages a high level of facade articulation and design treatments that maintain the fine-grain shop front patterns of existing retail and commercial



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uses on the upper levels in the Commercial 1 Zone.

Encourage uses that facilitate day and evening activities.

Discourage wholly residential development, and the location of residential uses at the ground level along the primary street frontage(s), in Commercial 1 and Mixed Use zones.

Encourage non-retail activities (including community services) to locate on the periphery of the neighbourhood centres and/or upper levels of buildings.

premises. The existing shops on the site have a vertical emphasis that reinforces the fine-grain character, but this, in fact, disrupts the existing horizontal rhythm exhibited within this section of the street, the block between Dean and Mount Streets.The proposal replaces the three shops with a single building façade that spans over all three allotments. The horizontal emphasis in the proposed façade, especially on the first floor, is softened by the transparency of this level and the visibility of the interiors behind including the artwork, and to some extent complements the strong horizontal rhythm within this section of the centre. The division of the ground floor façade in the proposal into three sections through highly expressed structure columns should assist in achieving the DDO’s objectives.’ As such, the proposed design response is considered to be acceptable.

The proposal will increase the commercial floor area available on the subject land.

The building proposes a mixture of uses, with the cafe occupying the prime street frontage. The offices and residential uses are located on the upper levels.



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Objective 2 – Facade articulation and detailing

Encourage a high level of facade articulation and design treatments that:

o maintain the fine grain shop front patterns of existing retail and commercial premises;

o distinguish recessed upper level built form from the main building façade;

o provide variation to surface alignment and materials.

Encourage the use of robust, high quality materials and detailing to ensure that buildings remain attractive throughout their life cycle.

Encourage architectural detailing that accentuates prominent corners at key intersections or other places of community significance.

Ensure that the combined effect of the height, setbacks and design treatment of new buildings do not dominate a heritage place on or adjoining the site. Encourage external lighting that enhances the architectural features of the building and complements lighting in the public domain without causing unreasonable off-site amenity impacts. Ensure that any art work that is proposed within private spaces is designed to function as part of the public realm, is of high quality and design standards, is engaging to the public, and is integrated with the design of the building and broader streetscape.

Avoid blank side walls and ensure that visible faces of buildings are articulated and

The proposed new facade is provided with articulation through the use of materials, providing a high level of glazing mixed with metal cladding. The overall scale of the facade is similar to the existing brick buildings which occupy the site, but will have a wider presentation.

Council’s Urban Designer has reviewed the proposed materials and is generally satisfied that they are robust and of high quality. A condition will be included for the exact detailing of materials to be confirmed.

The subject land is not located on a corner site or within or adjoining a heritage building.

Details in relation to external lighting will be required by condition.

The proposal will result in blank side wall presentations which are visible to both the north and the south. In time, with the redevelopment of the land to the south, these side walls will become obscured. Council’s Urban Designer has recommended, however, that in the short term it is desirable that the finishes proposed seek to provide variation to façade surface alignment and materiality to ensure they achieve a reasonable



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visually interesting with a mixture of materials, finishes and articulation.

level of visual interest, particularly where visible from the public realm. This matter can be addressed through a permit condition.

Objective 3 – Integration with the Primary and Side Street Frontage

Allow the upper levels of buildings to cantilever over a ground floor setback if the projection extends no further than the property line, is cantilevered (with no columns), and maintains a minimum clearance of 3.5 metres above a footpath or 4.5 metres above a vehicle accessway (or otherwise agreed by Council engineers). Ensure that the ground floor of new buildings is level with the abutting footpath.

Ensure that where ramps or steps are necessary that they are contained within the building or within the property boundary.

Ensure ground floor dwelling entries are distinct and subordinate to the ground floorretail/commercial frontage. Encourage ground floor residential entries on corner sites to be located on the side street rather than the primary retail/commercial frontage.

The current proposal includes the provision of an awning over the footpath. The plans currently show a height clearance of 3.15 metres, which is less than the 3.5 metres specified by this policy objective. It is considered acceptable in this instance and complies with the clearance under the Building regulations.

The ground floor of the proposed building is abutting Burke Road.

Access is provided at grade and accordingly there are no projecting steps or access ramps.

The ground floor entrance to the dwellings is located within a shared entry lobby with the proposed offices rather than as a separate element within the frontage. This is appropriate as it provides formal entrance to both uses and is secure.

Objective 4 – Integration with the Public Realm

Ensure that the minimum extent of transparent glazed windows or doors along ground floor frontages onto a street (calculated on a per building basis) is as

The proposal provides a high level of glazing in the front elevation, in excess of the 75% desired by the policy.



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follows:o In a Commercial 1 Zone: 75%o In a Commercial 2 Zone: 50%

Encourage building entries to contribute to the animation of the street as appropriate to the context, as follows:

o Encourage the primary pedestrian entry to be located within the front ground floor street facade at footpath level, and designed to be easily identifiable, provide shelter, a sense of personal address and a transitional space.

o Avoid disrupting the retail/commercial frontage of key retail environments by encouraging secondary pedestrian access to upper level building spaces (e.g. to shop-top dwellings) to be provided from side streets or rear laneways.

o Encourage multiple building entries in locations where active uses at ground level are limited, to activate the streetscape.

o Encourage residential premises at the upper levels to address the street.

o Encourage new buildings to provide direct pedestrian access from both the street and from on-site car parking areas.

Ensure that on large sites, the length of any part of the ground floor frontage without windows is not greater than ten metres, and such walls are well articulated with high quality materials and finishes.

Discourage service spaces (storerooms,

The proposed shared front entry for the offices and the dwellings is easily identifiable and provided with shelter due to the front veranda. The amount of space dedicated to the entry is subordinate to the frontage dedicated to the cafe use and accordingly it will not be the dominant activity within the street frontage.

Pedestrian access to the rear office is also provided directly from the car park, as well as being accessible from within the building.

The top level residential apartments face the street, with their terraces being located within the frontages.

Direct pedestrian access is not provided from the laneway to the basement car park. Given the narrow width of the basement car park to this frontage this is not desirable.

All storage and other windowless activities are located either centrally within the building or within the basement.

The front setbacks are consistent with the other buildings within the activity centre.



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toilets, lifts, garages) and windowless activities (e.g. cinemas) from being located at the ground floor along street frontages.

Ensure that frontage setbacks of development complement the frontage setbacks of a heritage place on or adjoining the site.

Objective 5 – Weather protection to footpaths

Encourage the incorporation of weather protection for pedestrians along street frontages in the form of verandas, awnings or canopies over the footpath, maintaining a minimum clearance of 3.5m above the footpath level (or otherwise agreed by Council engineers).Encourage verandas to achieve continuous unbroken pedestrian weather protection.Encourage verandas to be integrated with the design of the building and to provide architectural features and/or materials that complement the streetscape.Encourage verandas to be cantilevered to avoid obstructive post/columns or perceived privatisation of the public domain.Ensure that on sloping sites, verandas step down to follow the slope of the street and special consideration is given to the detailed design of the junction at the level changes.

The proposal includes a front veranda with a minimum clearance of 3.15m above the footpath. The verandah height will be similar to the adjoining building to the south and although lower than the desired 3.5 metres is considered appropriate.

The veranda will provide continuous unbroken pedestrian weather protection for this strip of buildings.

The veranda is integrated into the architectural style of the building.

The veranda is cantilevered.

The frontage is not sloping.

Objective 7 – Service Lanes and Laneways Ground level setbacks

Discourage ground level setbacks along service lanes, unless the same setback can be provided on adjoining properties to create a consistently wider, accessible and attractive service laneway.

Encourage laneway surface materials and

The ground level setback of the building toward the laneway is 2.03m at its narrowest. It is noted that this is acceptable as this laneway is to be utilised primarily for vehicle movements and will remain easily maintainable. The adjoining buildings



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interface treatments to be used in the ground level setbacks of adjoining residential areas. Discourage unenclosed setbacks for rubbish and recycling bins, loading bays and service/utility areas from fronting onto a service laneway. Waste and recycling facilities should be concealed within secure dedicated enclosures that are integrated into the design of the building.

are also setback from the laneway.

There is no proposed change to the laneway surface materials.

Bin storage is located within Basement Level 1. Bins will be brought out to the laneway for collection. The Waste Management Plan provided with the application states that the bins will be brought out in coordination with truck arrivals to minimise the time they are located at the rear of the site.

Objective 8 – Abutting Residential Zones

Ensure development contributes to an improved interface between the neighbourhood centres and commercial corridors and the established residential areas through providing for a recessed and articulated development and an appropriate scale.

Maintain and enhance the intimate environment of service lanes by ensuring that higher built forms are set back from the service lane to ensure a sense of openness that reinforces a human scale. Ensure that windows and balconies do not unreasonably overlook private open space or habitable rooms on the opposite side of the service lane.

Discourage buildings and works from encroaching into service lanes.

The laneway separates the subject site which is in a Commercial 1 Zone, from a Residential interface.

It is considered that the proposed built form is appropriate. The variation in setbacks will ensure that an appropriate human scale is achieved when perceived from the laneway. This also benefits the adjoining residentially zoned land as built form is increased in setback as it is increased in height, the setback is ResCode compliant.

The proposed development will not result in unreasonable overlooking to adjoining residentially zoned/used land as appropriate screening measures have been implemented in accordance with ResCode Standard



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B22 (Overlooking).

The proposed development does not encroach into the laneway.

Objective 9 – Vehicle and Pedestrian Movement and Parking Vehicular access to sites

Encourage sites with access from a service lane to provide all vehicular access to the site from the laneway.

Discourage the creation of driveway crossovers from other streets unless,

o The service lane is too narrow for vehicular entry and cannot be widened as part of the development proposal, or

o The traffic volume generated by the development would exceed the laneways carrying capacity, as determined by a qualified traffic engineer, or

o The resulting traffic would have unreasonable detrimental impact on adjoining residential uses.

All vehicle access will be from the rear laneway.

Pedestrian entries from service lanes Discourage pedestrian access from service lanes unless no other access can be provided. Discourage primary pedestrian access to a property from a service lane when:

o The pedestrian access interferes with the servicing functions of the lane for other properties.

o Bluestone pitchers or other rough pavements of the service lane prevent access to the entry by people with limited mobility.

Pedestrian access to the site is via Burke Road.

A street light is located in the laneway adjacent to the subject land, which will provide lighting for the basement entry at night.

A secondary pedestrian access point to the lower ground floor office is provided from the car park, however the office is readily accessible from the ground floor lobby.



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o There is no public lighting to the service lane between the street and the proposed entry, and the new development cannot provide for new lighting along this length.

Encourage secondary pedestrian entries and address along service lanes where practical and appropriate, and where a laneway abuts car parking or open space to increase activity and connectivity.

Links and extensions of service lanes Encourage the creation of setbacks that remove laneway dead ends and facilitate vehicular through-links. The alignment, width and paving of the service lane should be continued through any such lane extensions.

N/A

Objective 10 – Frontages onto Public Open Space and Public Car Parks

Encourage development to be orientated to have an outlook towards any adjacent areas of public open space. Encourage development to use any lane or other public right-of-way located between the subject site and the adjoining public open space as a second street frontage. Only allow the use of an existing public open space pathway along the shared boundary for pedestrian access to entries of adjoining properties if:

o Doors and gates do not swing open into the path.

o Clear sightlines from the entry onto the path are provided for both pedestrians and oncoming cyclists.

o The path width is able to accommodate the pedestrian and

N/A



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bicycle volumes that may be generated by the development.

Encourage the upper levels of new buildings to be orientated to have an outlook towards any adjacent open air public car parks. The path width is able to accommodate the pedestrian and bicycle volumes that may be generated by the development.

Objective 11 – Shared Side and Rear Boundaries

Encourage the following design outcomes when the subject site does not abut or adjoin a Residential Zone:

o Zero lot lines along shared side and rear boundaries for walls without habitable room windows unless the adjacent property includes dwellings with their primary or secondary outlook orientated towards the subject site.

o Where blank side walls will be visible from the public realm, visual interest should be provided through the use of varied materials or finishes.

o Provision of a three (3) metre upper storey setback from laneways for the Burwood / Camberwell Road Commercial Corridor to ensure equitable access to daylight given the potential for large scale buildings in proximity to each other.

The proposal provides zero lot lines along the northern (with the exception of a void at second floor) and southern side boundaries. These walls are free of windows and will allow for the future redevelopment of the adjoining site to the north.

Details of wall materials to the north will be requested (to the satisfaction of the Responsible Authority) as a condition to address the blank side walls facing Dean Street.

Objective 12 – Overshadowing, Overlooking, Noise and Wind

Encourage development that minimise the impacts of overshadowing and overlooking on the amenity of adjoining residential properties and habitable room windows.

Ensure building layouts and design detailing

The proposal will result in some minor overshadowing of the two residential properties to the west. At 9am there will be two habitable room windows subject to shadowing at 1



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retain the visual privacy of adjoining dwellings while ensuring the amenity of residents of the development, including access to natural light and ventilation, is not compromised through excessive screening.

Ensure that between 9am and 3pm at the equinox, there is no additional overshadowing of photovoltaic panels or solar hot water collectors located on the roof top of adjoining dwellings within a Residential Zone. Design and arrange spaces and incorporate best practice sound proofing to minimise noise transmissions from internal and external sources. This includes appropriate acoustic treatment of communal or commercial roof top spaces to contain and dampen noise levels.

Dean Street. This shadow moves away such that at 12 noon there is no overshadowing at all. It is noted that the majority of the proposed shadow impact is on the garages of the two adjoining dwellings and that the existing adjoining dwellings and fencing contribute to their own overshadowing due to the orientation.

The rear of the building is provided with ResCode compliant screening to prevent overlooking to the nearby residential dwellings.

The proposed roof top areas to be utilised in this development near the residential uses to the west are associated with the dwellings and not the commercial spaces. Accordingly there is no need to provide additional sound proofing.

Objective 13 - Sustainable Design Energy

Encourage building design that embodies passive solar design principles at the early stages of the site selection and development design process, including, but not limited to the following:

o Maximising northern orientation to internal and external living spaces and windows.

o Maximising access to natural light and ventilation through the use of atriums, open decks, highlight or clerestory

Due to the orientation of the lot, it is not possible to maximise the northern aspect. The various uses within the site are provided with a westerly or easterly outlook, with no use reliant on a southerly outlook.

Each of the uses has access to natural ventilation due to the presence of terraces at each level.

The roof top area is set aside for



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windows and avoidance of double loaded corridors.

o Encouraging the provision of open and semi-enclosed communal areas for residents and roof top gardens with integrated solar panel systems.

Encourage innovative 'green' (i.e. vegetated) roofs and walls.

Encourage the integration of active technological features into building design to maximise energy efficiency and provide energy-efficient lighting, heating, cooling and ventilation systems.

open space.

A Sustainable Management Plan has been provided with the application, including an assessment of the building using the Sustainable Design Scorecard process. A condition can ensure that the measures proposed with regard to sustainable design are carried out.

Water use and management Encourage greywater storage, treatment and re-use.

Encourage drought-tolerant plant species that require minimal or no irrigation.

Encourage stormwater harvesting for re-usein garden irrigation and toilet flushing.

The plans include rainwater collection, with a tank located in the basement. The SMP suggests this will be used for irrigation and toilet flushing.

Materials Retain existing building structures for adaptive re-use, where appropriate.

Encourage re-use and recycling of existing building materials, such as brick and timber.

Encourage use of recycled, recyclable, locally sourced and sustainable building materials, fittings and fixtures.

There is limited opportunity to reuse existing building materials for the proposed development. Overall the proposed building materials are considered to be appropriate.

The sustainable management plan indicates that unsustainable materials will be avoided and all timber on site will be recycled or be from plantations.

Outdoor environment quality Encourage controlled light spill from building interiors onto public spaces to improve pedestrian safety in the public realm.

The proposal is unlikely to cause light spill onto neighbouring residential properties. However, a condition of any permit will require appropriate



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Minimise light spill onto nearby residential properties and light pollution of the night sky. Discourage the creation of wind turbulence at street level, communal or private outdoor spaces within developments.

baffling.

As the proposed built form is generally in line with that of adjoining properties, it is not anticipated that the development will create wind turbulence at street level or within habitable spaces of the subject or adjoining sites.

Indoor environment quality Encourage building designs that optimise access to natural light and cross ventilation and reduce reliance on mechanical systems by:

o limiting the number of single aspect dwellings with a southerly aspect;

o limiting the number of habitable rooms that rely on borrowed light; and

o ensuring appropriately sized light wells and balconies.

The proposal provides opportunities for natural light and ventilation at each level.

None of the proposed dwellings are single aspect and south-facing and none of them rely on borrowed light.

All proposed lightwells have a minimum width of 1.2m and a minimum area of 3sqm, which will ensure an appropriate level of solar access.

Proposed balconies are a minimum 18-22sqm in area with a minimum depth of 1.8m, which is acceptable.

Waste management Ensure appropriate storage and collection facilities are provided on-site for all types of waste streams.

The Waste Management Plan details the proposed waste storage facilities and removal for each element of the development.

Storage is to be within the basement level, with a private collection supported by Council Waste and Traffic and Transport Departments.



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Social sustainability Ensure that development accommodates a mix of dwelling sizes and configurations/layouts to accommodate people of different, ages, family structures, mobility levels and socio-economic groups.

The proposal provides a variety of dwelling sizes with one 1 bedroom, two 2 bedroom and two 3 bedroom apartments proposed.

Objective 11 – Subdivision

Ensure that subdivision of land does not result in the creation of lots of a size and/or dimension which compromise the built form outcomes sought by Schedule 16 to the Design and Development Overlay.

N/A

ZONING AND OVERLAYS

Commercial 1 Zone

Clause 34.01-8 of the Boroondara Planning Scheme includes the following decision guidelines that must be considered by responsible authority:

General The State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement and local planning policies.The interface with adjoining zones, especially the relationship with residential.

Buildings and Works The movement of pedestrians and cyclists, and vehicles providing for supplies, waste removal, emergency services and public transport. The provision of car parking. The streetscape, including the conservation of buildings, the design of verandahs, access from the street front, protecting active frontages to pedestrian areas, the treatment of the fronts and backs of buildings and their appurtenances, illumination of buildings or their immediate spaces and the landscaping of land adjoining a road. The storage of rubbish and materials for recycling.



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Defining responsibility for maintenance of buildings, landscaping, paved areas. Consideration of the overlooking and overshadowing as a result of building or works affecting adjoining land in a General Residential Zone, Neighbourhood Residential Zone, Residential Growth Zone or Township Zone. The availability of and connection to services. The design of buildings to provide for solar access. The objectives, standards and decision guidelines of Clause 54 and Clause 55. This does not apply to development of five or more storeys excluding basement.

Officer Comment:

As discussed in the assessment against Clause 22.10, the design of the proposed building is considered to be appropriate on urban design grounds subject to some clarification of the plans.

Overall, the proposal generally meets the objectives of the zone, however when considering the objectives, standards and decision guidelines of Clause 55 of the Boroondara Planning Scheme, (refer to "Assessment Table") there are some areas of non-compliance with the key areas highlighted below. It should be noted that the rear setback with comply with the Rescode standard, subject to a condition.

Objective B8 – Site Coverage Clause 55.03 - Site Layout and Building Massing (VC100) Objective Standard Officer Comment B8 Clause 55.03-3 Site CoverageTo ensure that the site coverage respects the existing or preferred neighbourhood character and responds to the features of the site.

The site area covered by buildings should not exceed: The maximum site coverage specified in a schedule to the zone, or If no maximum site coverage is specified in a schedule to the zone, 60 per cent.

See table below

Proposed Site Coverage ResCode Requirements Complies? 97.58% 60% Non-Compliance

Officer Comments The site coverage is substantially higher than the ResCode standard. This standard is of limited relevance in a commercial area. The site coverage is consistent with other nearby developments and accordingly meets the objective for this clause.



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Objective B9 – Permeability Objective Standard Officer Comment B9 Clause 55.03-4 Permeability ObjectivesTo reduce the impact of increased stormwater run-off on the drainage system.To facilitate on-site stormwater infiltration.

The site area covered by the pervious surfaces should be at least:

The minimum area specified in a schedule to the zone, or

If no minimum is specified in a schedule to the zone, 20 percent of the site.

See table below

Proposed Hard Surface Coverage ResCode Requirements Complies? 100% 80% Non-Compliance

Officer Comments The amount of hard surface cover remains unchanged from the existing site circumstances. Higher impervious surfaces are common in commercial areas. Accordingly although the proposal does not meet the standard for this clause it satisfies the objective.

Objective B18 – Walls on Boundaries

Walls on Boundary Proposed Length of Walls on side boundary ResCode Requirement Complies? 46m 19.69m Non-Compliance

Officer Comments Although the proposal exceeds the standard for length and heights of walls on boundaries, it is considered the development will meet the objective for this clause. The site is located within a commercial precinct where buildings are often built continuously along boundaries, and to a significant height. The proposed building will be similar in layout to the adjoining development to the south.

Design and Development Overlay (Schedule 16)

Pursuant to Clause 43.02-5, before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate:



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The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. The design objectives of the relevant schedule to this overlay. The provisions of any relevant policies and urban design guidelines. Whether the bulk, location and appearance of any proposed buildings and works will be in keeping with the character and appearance of adjacent buildings, the streetscape or the area. Whether the design, form, layout, proportion and scale of any proposed buildings and works is compatible with the period, style, form, proportion, and scale of any identified heritage places surrounding the site. Whether any proposed landscaping or removal of vegetation will be in keeping with the character and appearance of adjacent buildings, the streetscape or the area. The layout and appearance of areas set aside for car parking, access and egress, loading and unloading and the location of any proposed off street car parking Whether subdivision will result in development which is not in keeping with the character and appearance of adjacent buildings, the streetscape or the area. Any other matters specified in a schedule to this overlay.

Schedule 16 to the Design and Development Overlay contains the following design objectives, height and setbacks requirements.

Design objectives - General To ensure the height and setbacks of development maintain and enhance:

o the established streetscape and traditional, low-rise, high street character of neighbourhood centres.

o the established streetscape and commercial character of the commercial corridors.

To achieve innovative, high quality architectural design that makes efficient use of land whilst enhancing the appearance and strengthening the identity of the neighbourhood centres and commercial corridors. To ensure appropriate development that is complementary to the existing neighbourhood character and has regard to adjoining residential amenity. To ensure development respects/enhances identified heritage buildings/precincts



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Building and Street Wall Height A permit cannot be granted to exceed the mandatory maximum street wall height and the mandatory maximum overall building height in the relevant Table and Map at Subclause 7.0 of this Schedule. For the purposes of this requirement:

o The street wall is the front façade of a building along all street frontages. o A frontage onto public open space or public car park is treated as a

frontage onto a street and is subject to the maximum streetwall height. o The overall vertical height is measured from the natural ground level to the

peak of the roof or parapet. A permit cannot be granted to exceed the maximum overall building height set out in the relevant Table and Map at Subclause 7.0 of this Schedule except:

o To accommodate roof top services that are designed as architectural roof top features or hidden from view from any adjoining public space. Roof top services includes but is not limited to plant rooms, air conditioning, lift overruns, roof top gardens, decks and communal outdoor spaces and their ancillary facilities.

o Where the slope of the natural ground level at any cross section wider than 8m of the site of the building is 2.5 degrees or more, in which case the maximum overall building height may be exceeded by one (1) metre.

o Where an existing building on the subject land already exceeds the mandatory maximum height allowed under this Schedule. In this event, a permit can be granted to construct a building or carry out works to the same height as the existing building.

An application to reduce the street wall height in the relevant Table and Map at Subclause 7.0 of this Schedule must demonstrate how the design objectives of this schedule will be met.

Setbacks Primary Street Frontage

Where a preferred minimum upper storey setback is shown in the relevant Table at Subclause 7.0 of this Schedule, the building must be setback a minimum of 1.6m from the primary street frontage measured from the face of the building. The setback may be utilised for the purpose of the balcony. A permit cannot be granted to reduce this requirement, except for architectural features that enhance the façade articulation and create visual interest.



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Development up to the street wall height should be built on or within 200mm of the site boundary along all street frontages. This may be varied, if the setback is:

o designed as part of the public domain; and o fully accessible to the public.

For the purpose of this requirement, a frontage onto a public open space or public car park is treated as a frontage onto a street. Development above the street wall height should comply with the preferred minimum upper storey setbacks in the relevant Table at Subclause 7.0 of this Schedule. The setback for development above the street wall height is measured from the face of the building along the primary street frontage.

Side Street FrontageWhere a site is on a corner, development above the street wall height should provide the following setbacks along the side street frontage:

o 1.6 metres up to a building height of 14.5 metres; and o 3 metres for building height in excess of 14.5 metres. The setback for

development above the street wall height is measured from the face of the building along the side street frontage.

An application to reduce the preferred upper storey setbacks must demonstrate how the design objectives of this Schedule and local planning policy at Clause 22.10 have been met.

From Residential Zones Where a rear boundary is shared with a property in a Residential Zone, any development must be set back:

o a minimum of three (3) metres; and o in accordance with the provisions of Clause 55.04-1 of the Planning

Scheme thereafter. A permit cannot be granted to vary this requirement except where development:

o applies to alterations and/or additions to an existing building; or o applies to a basement; or o abuts a non-residential use.

Where a service lane/laneway separates a rear boundary from a property in a Residential Zone, development should apply ResCode setbacks in accordance with the provisions of Clause 55.04-1 of the planning scheme measured from the rear property boundary.



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Where a side boundary is shared with a property in Residential Zone, a development should apply ResCode setbacks in accordance with the provisions of Clause 55.04-1 of the planning scheme measured from the shared side property boundary. An application to reduce the rear or side boundary setback requirements must demonstrate how the design objectives of this schedule and local planning policy at Clause 22.10 have been met.

Public Acquisition OverlayWhere a property boundary abuts/adjoins a Public Acquisition Overlay (PAO), buildings and works must be set back in accordance with the existing Schedule to the PAO. The responsible authority will only consider an application to encroach within a PAO where written consent can be provided from the acquiring authority for the land confirming that an encroachment into the PAO is appropriate.

Officer Comments

The site is located within the Mount Street Neighbourhood Centre. The site has a maximum street wall height of 8m and a preferred upper storey setback of 5m. The site has a maximum overall building height of 12m, as the slope of the land is 2.5° or more.

The proposal complies with all of the mandatory requirements specified in the overlay. Consent is required to vary the preferred 5m upper level setback.

The third level setback is 4m to Burke Road. Council’s Urban Designer has reviewed the proposed plans and is satisfied that the reduced setback to the street frontage is acceptable and will have limited impact within the streetscape.

Council’s Urban Designer has provided that ‘The upper level is well recessed and distinguishable from the main building façade through materiality and architectural detailing. The incorporation of internal, feature walls that are visible from the street on both the ground and first floors should add another layer of visual interest and depth to the Burke Road façade.’ As such, the proposal is considered to be acceptable.

The development demonstrates full compliance with ResCode Standard B17, Side and Rear Setbacks.



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PARTICULAR PROVISIONS

Clause 52.06 - Car Parking

The Table 1 at Clause 52.06-5, sets out the number of car parking spaces required for a use. For a Food and Drink Premises this is at a rate of 4 spaces per 100m2 of leasable floor area. The following table is a summary of the parking supply and planning scheme requirements for all the proposed uses as specified under both the Parking Overlay 1 and Clause 52.06-5.

Spaces Provided Number Required by PO1/52.06 Shortfall Officer Comment

Dwelling 1 2 2 0 Complies Dwelling 2 2 2 0 Complies Dwelling 3 1 1 0 Complies Dwelling 4 1 1 0 Complies Dwelling 5 1 1 0 Complies Residential Visitor 0 1 0 Complies

Food and Drink 2 5 -3 Complies

Office 36 36 -0 Complies

Total 45 49 -3

*** Concept plans dated 25 January 2017 shows the provision of 1 residential visitor car parking space that would be a shared space with the waste collection service. A condition can be imposed on the planning permit to ensure that this space is available for the residential visitors outside the waste collection times.

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: Efficiencies gained from the consolidation of shared car parking spaces. Public car parks intended to serve the land. On street parking in non-residential zones. 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.



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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.

Officer Comments

The car parking survey undertaken by the Applicant demonstrates that there is capacity within the existing on street car parking, within a reasonable distance from the site, to accommodate the overflow parking. The survey identified a minimum of 99 spaces within 200 metres of the site during the survey time. Council’s Traffic and Transport Department have supported the proposal, stating ‘dispensation for three customer spaces has been deemed acceptable by Traffic and Transport with surveys indicating nearby parking availability. It is accepted that most customers would come from shopping strip employees and users, passing traffic and from the immediate area.’

It is noted that the site is located in an area that has reasonable access to public transport, with tram services directly outside the premises.

The proposed mixed use building is likely to result in some sharing of trips to the various uses. It is most likely that office workers and residents of the building will patronise the



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cafe for example. Accordingly the parking demand is likely to be less than that required under the planning scheme.

Clause 52.07 – Loading and unloading of vehicles

The purpose of this clause is: To set aside land for loading and unloading commercial vehicles to prevent loss of amenity and adverse effect on traffic flow and road safety.

A permit can be granted to waive the requirement if either: The land area is insufficient. Adequate provision is made for loading and unloading of vehicles to the satisfaction of the responsible authority.

The current application seeks to waive entirely the requirement to provide for a loading bay. Council’s Traffic Engineers are satisfied that this is appropriate in this instance as the proposed development is relatively small and their loading requirements will not be significant.

Clause 52.34 – Bicycle Facilities

The proposal provides in excess of the number of bicycle spaces required under Clause 52.34-3, with nine bicycle spaces provided in Basement Level 2.

The provision of bicycle spaces does not however provide for visitor parking at a bicycle rail in a convenient location. A condition is proposed to be included to require a bicycle rail at the front of the site for 3 spaces as required by Council’s Traffic and Transport Department.

OBJECTION RESPONSE

Those matters not already addressed in the foregoing report are discussed below:

Total Objections: Eight (8)

Summary Officer Comment

Increased traffic in the laneway affecting garage

It is considered that the majority of vehicles utilising the rear lane way for access will do so with the intent of a longer



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access

Reduced manoeuvrability to garage at 1 Dean Street

term stay, as the parking spaces are for the use of residents and staff. Whilst the development will allow for more onsite parking, it is for the above reason that it is not considered that a higher level of vehicle movement will result in a negative impact on adjoining garage access.

The proposal does not build up to the boundary at the rear and accordingly there will be no loss of maneuverability into the existing garages. It is noted that the adjoining properties do not currently have a right to access over the private land within the shopping centre for vehicle maneuverability.

Impact of cars queuing in the laneway.

It is considered that the likelihood of cars queuing in the lane is minimal. In the event that there is more than one car waiting in the lane to enter the basement, it will not impose an unreasonable impact on the operation of the laneway and/or on adjoining residences.

Lack of loading bay will impact neighbouring streets

Council’s Traffic Engineers have assessed the request to waive this requirement and are satisfied that this is appropriate. It is noted that a 10 minute car parking space is locate on Burke Road,100 metres south of the subject land.

Insufficient car parking will impact neighbouring streets, which are already subject to high parking levels

The parking survey supplied with the application demonstrated that there is availability within the street network to accommodate the additional 3 car parking spaces not provided on site.

Increase in noise, including the first floor terrace

Concerns have been raised regarding the potential noise generated from the development after occupancy. The consideration of this planning application is confined only to the construction of the building; the use of the land does not require a planning permit and is not a planning matter.

It is also noted that the office and café use are considered to be ‘as of right’ pursuant to the Commercial 1 Zone.

Any future issues of amenity, if they arise should be pursued as a civil matter.



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Mass and bulk of the building

Excess building height

As discussed above, it is considered that the overall mass, bulk and height of the building are satisfactory. Further, Council’s Urban Designer has reviewed the proposed development and is satisfied the proposal is a high quality design that will contribute positively to the shopping centre.

It is noted that the building satisfies the mandatory height controls and provides an appropriate context response to the setback requirements of DDO16, as detailed in this report.

With regard to the 1m non-compliance with the street setback requirement of the DDO16, Council’s Urban Designer provides the following comment - ‘The proposed development seeks to vary the preferred 5m setback above the 8m high street wall to 4m. From a purely streetscape point of view, the variation sought will have little impact, if any, given the relatively modest street wall and overall building heights, and as such is supported on urban design grounds.’

Overshadowing & overlooking

As discussed above, the proposal will result in some minimal additional overshadowing in the control period over the habitable room windows of 1 Dean Street in the morning. By 12 noon the adjoining property will be entirely clear of shadows from the building.

Overlooking has been addressed through the provision of appropriate screening throughout the development.

Access impacts during construction

It is likely that there will be some level of disturbance during construction. Access to the laneway however will need to be maintained throughout construction.

A condition will be included requiring the submission of a Construction Management Plan, outlining how the site will be managed during this period.

Loss of property value The Victorian Civil and Administrative Tribunal and its



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predecessors have generally found subjective claims that a proposal will reduce property values are difficult, if not impossible to gauge and of no assistance to the determination of a planning permit application. It is considered the impacts of a proposal are best determined through an assessment of the amenity implications rather than any impacts upon property values. This report provides a detailed assessment of the amenity impact of this proposal.



upc2 1159-1163 burke road, kew - city of boroondara · report officer: cassandra rea - coordinator...

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