Agenda Planning & Amenity Committee Meeting Tuesday ......Monday to Saturday – 9.00am to 10.00pm....

Planning & Amenity Committee Meeting Agenda

Agenda

for the

Planning & Amenity Committee Meeting

To be held at the Council Chambers, Civic Centre, Boxshall Street Brighton

on

Tuesday, 10 May, 2016 at 7:00pm

Chairperson: Cr Laurence Evans Councillors: Cr Alex del Porto

Cr Felicity Frederico Cr Michael Heffernan Cr James Long BM JP Cr Bruce Lowe Cr Heather Stewart

Bayside City Council Planning & Amenity Committee Meeting - 10 May 2016

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Members of the Gallery Your attention is drawn to Section 92 of Council’s Governance Local Law No 1. Section 92 The Chair’s Duties and Discretions In addition to other duties and discretions provided in this Local Law, the Chair – (a) must not accept any motion, question or statement which is derogatory, or defamatory

of any Councillor, member of Council staff, or member of the community. (b) may demand retraction of any inappropriate statement or unsubstantiated allegation; (c) must ensure silence is preserved in the public gallery during any meeting (d) must call to order any member of the public who approaches the Council or Committee

table during the meeting, unless invited by the Chair to do so; and (e) must call to order any person who is disruptive or unruly during any meeting. An Authorised Officer must, if directed to do so by the Chairman, remove from a meeting any Councillor or other person who has committed such an offence. Your cooperation is appreciated Chairperson of Council


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Planning & Amenity Committee Meeting Planning & Amenity Committee Charter To deal with all matters relating to consideration of statutory planning, tree removal applications, traffic and parking matters. This Committee has the full delegated authority of Council to finally determine upon planning applications. Membership of the Committee All Councillors

Order of Business

1. Apologies

2. Declarations of Interest

3. Adoption and Confirmation of the minutes of previous meeting

4. Matters of Decision

4.1 596 Balcombe Road, Black Rock Support the Grant a Planning Permit Application 2015/747/1 Ward: Southern ............ 7

4.2 448 - 464 St Kilda Street Brighton Notice of Decision to Grant a Permit Application 2015/389/1 Ward: Northern ............ 15

4.3 13 Hansen Street Brighton East Notice of Decision to Grant a Permit Application 2015/805/1 Ward: Central............................ 61

4.4 147 Abbott Street, Sandringham Notice of Decision to Grant a Planning Permit Application 2015/711/1 WARD: Central ....... 91

4.5 30 Holloway Road, Sandringham Notice of Decisionto Grant a Planning Permit Application No.: 2015/467/1 Ward: Southern .................................................................................. 121

4.6 16 Codrington Street, Sandringham Notice of Decision to Grant a Permit Application No: 2015/466/1 Ward: Central ...... 141

4.7 411A Bluff Road, Hampton Notice of Decision to Grant a Planning Permit Application 2015/606/1 Ward: Central ........... 167

4.8 28 Charles Street, Brighton East Notice of Decision to Grant a Permit Application 2015/610/1 Ward: Northern ......... 187

4.9 116 and 120 Martin Street, Brighton Secondary Consent - Approve Application No: 2013/296/2 Ward: Northern ............. 215

4.10 20 Morley Crescent, Highett Notice of Decision to Grant a Permit Application 2015/724/1 Ward: Central ..................... 235

5. Confidential Business

Nil


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Next Meetings 2016

Tuesday 7 June 2016 Tuesday 12 July 2016

Tuesday 9 August 2016 Tuesday 6 September 2016 Tuesday 11 October 2016 Tuesday 8 November 2016 Monday 12 December 2016


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1. Apologies

2. Declarations of Interest

3. Adoption and Confirmation of the minutes of previous meeting

3.1 Confirmation of the Minutes of the Planning & Amenity Committee Meeting held on 12 April 2016.


Item 4.1 – Matters of Decision of 259

4. Matters of Decision

4.1 596 BALCOMBE ROAD, BLACK ROCK SUPPORT THE GRANT A PLANNING PERMIT APPLICATION 2015/747/1 WARD: SOUTHERN

City Planning and Amenity - Statutory Planning File No: PSF/15/8755 – Doc No: DOC/16/66526

1. Purpose and background To report a planning permit application which is the subject of a Victorian Civil and Administrative Tribunal (VCAT) proceeding for the sale of packaged liquor in association with the existing shop on a lot with an area of 315 square metres (refer Attachment 1) at 596 Balcombe Road, Black Rock (refer Attachment 2).

An application for review under Section 79 of the Planning and Environment Act (the Act) has been lodged with VCAT with a Merits Hearing set for 28 September 2016.

Applicant: Peter Aldred (PAJ Consultants)

Date application received: 7 December 2015

Statutory days expired: 1 March 2016

2. Policy implications

Planning permit requirements

Clause 52.27 (Licenced Premises) – Sale of packaged liquor.

3. Stakeholder Consultation

External referrals

There were no external referrals required to be made in accordance with Clause 66 of the Bayside Planning Scheme.

Internal referrals

The application was referred to the following Council departments for comment:

Internal Referral Response

Social Planner No objection.

Public notification

The application was advertised pursuant to Sections 52 (1)(a) and (d) of the Planning and Environment Act 1987 and 53 submissions were received. These included 46 objections and six letters of support. The main issues raised by the objectors are listed as follows:

Over supply of liquor in the area,

Non local ownership of proprietor and negative impact on other retailers in the area,

Inconsistent with the character of Black Rock Village,

General parking traffic related issues including, increased on street parking demand, traffic congestion, increased risk to pedestrians, and

Negative impacts to the community including increases in underage drinking, delinquency, increased violence and the increased risk of proprietors illegally selling alcohol to minors.



The main reasons outlined for those in support of the proposal are outlined as follows:

Increased variety of products in the area, and

Good reputation of proprietor.

Consultation meeting

The applicant declined a consultation meeting.

4. Recommendation That Council:

Determines to Support the grant of a planning permit under the provisions of the Bayside Planning Scheme in respect of Planning Permit application number 2015/747/1 for the land known and described as 596 Balcombe Road, Black Rock, for the sale of packaged liquor in association with the existing shop in accordance with the endorsed plans and subject to the following conditions from the standard conditions:

1. The licenced area as shown on the endorsed plans must not be altered without the written consent of the Responsible Authority.

2. The sale of alcohol may only occur within the licenced area as shown on the endorsed plan.

3. The sale of alcohol may occur only between the following hours:

Monday to Saturday – 9.00am to 10.00pm.

Sunday: 10:00am – 9:00pm

Anzac Day: 12:00pm – 9:00pm

4. This permit will expire if one of the following circumstances applies:

a) The use is not started within two years of the date of this permit.

b) The use is discontinued for a period of two years or more.

In accordance with Section 69 of the Planning and Environment Act 1987, the Responsible Authority may extend the periods referred to if a request is made in writing within the prescribed timeframes, where the use allowed by the permit has not yet started.

Permit Notes

This permit does not constitute any authority to carry out any building works or occupy the building or part of the building unless all relevant building permits are obtained.

Prior to commencement of any building works, an Asset Protection Application must be taken out. This can be arranged by calling Asset Protection Administrator on 9599 4638.

5. Council Policy Council Plan 2013-2017

Relevant strategies of the Council plan include:

3.1.1 Developing planning strategies and policies with our community that enhance Bayside’s liveability along with its natural and built environment.

3.1.3 Advocating Council’s planning and urban design objectives.



Bayside Planning Scheme

Clause 11 Settlement

Clause 17 Economic Development

Clause 21.02 Bayside Key Issues and Strategic Vision

Clause 21.07 Economic Development

Clause 34.01 Commercial 1 Zone

Clause 42.02 Vegetation Protection Overlay (Schedule 3)

Clause 43.02 Design and Development Overlay (Schedule 1)

Clause 52.27 Licenced Premises

Clause 65 Decision Guidelines

6. Considerations In considering this application, regard has been given to the State and Local Planning Policy Frameworks, the provisions of the Bayside Planning Scheme, objections received and the individual merits of the application.

6.1 Liquor Licence

Clause 52.27 sets out the following Decision Guidelines to consider when determining the appropriateness of an application:

The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.

The site is located within the Black Rock Village Neighbourhood Activity Centre (Clause 21.11-8 of the Planning Scheme) which encourages economic development by facilitating new retail uses that don’t undermine the vibrancy of the public realm. In broad terms the proposed bottle shop (which retains the existing retail use) will not undermine this vibrancy.

The impact of the sale or consumption of liquor permitted by the liquor licence on the amenity of the surrounding area.

Council’s Social Planner has viewed the proposal commenting that the sale of packaged liquor at the site will have minimal impact upon the existing amenity of the surrounding area. The following points were considered:

The site is not located within a socio-economically disadvantaged area.

The pre-packaged liquor store will be a boutique bottle shop focussing on regional Victorian wine producers and boutique craft beers with users of BYO restaurants within the immediate area being the target market.

It also is noted that the sale of packaged liquor does not generate the same affects as a bar, as consumption does not occur on site. Thus it is considered that the proposal will raise no negative amenity impacts such as noise.

The impact of the hours of operation on the amenity of the surrounding area.

The proposed hours of operation between 9am – 10pm Monday to Saturday; 10:00am – 9:00pm Sunday and 12:00pm – 9:00pm Anzac Day fall within the Victorian Commission for Gambling and Liquor Regulation’s ordinary trading hours for packaged liquor and align with VicHealth evidence that suggests they are not associated with increased alcohol related harm. The proposed hours of operation are therefore considered to be reasonable and are unlikely to create undue detriment to the amenity of the surrounding area.



The impact of the number of patrons on the amenity of the surrounding area.

There are an estimated two packaged liquor licences within 1 kilometre of the proposed venue. This is not over the threshold of increased alcohol related harms. As the use is a shop, the number of patrons/customers likely to be at the shop at any one time is limited. Patrons/customers will not be consuming alcohol on the premises or have any reason to remain on the premises once they have made their purchase. Therefore, the sale of alcohol will not adversely impact the amenity of the surrounding area, as it will not encourage people to gather in or near the shop or encourage disruptive behaviour sometimes associated with other alcohol related uses such as a ‘tavern’.

The cumulative impact of any existing licensed premises and the proposed licensed premises on the amenity of the surrounding area.

There are an estimated two venues which are licenced to sell packaged liquor within a one kilometre radius surrounding the site and this does not meet the clustering levels normally associated with increased levels of harm.

It is unlikely that the introduction of another pre-packaged liquor licence in the area will have the adverse effects that may be associated with cumulative impact.

Council’s Social Planner notes that there is no evidence to suggest that the introduction of a packaged liquor licence to the area will result in an increased risk of harm due to alcohol consumption.

6.2 Objections received

Issues raised by objectors that have not been addressed in the assessment above, are discussed below.

Non-local ownership of proprietor and negative impact on other retailers in the area

Issues raised regarding ‘local’ versus ‘non local’ ownership and impacts on local businesses due to a competitor entering the market are not valid planning considerations and cannot be considered as part of this assessment.

Inconsistent with the character of Black Rock Village

Neighbourhood character considerations are not relevant in this instance as no external buildings and works are proposed.

General parking traffic related issues including, increased on street parking demand, traffic congestion, increased risk to pedestrians

There is no trigger for a parking or traffic consideration under Clause 52.06 of the Planning Scheme in this instance as the shop use and floor area of the premises are to remain as existing.

Negative impacts to the community including increases in underage drinking, delinquency, increased violence and the increased risk of proprietors illegally selling alcohol to minors.

There is no evidence to suggest that the proposal will raise any negative impacts of this type to the community.

Support Attachments 1. Development Plans 2. Site and Surrounds Imagery

Bayside City Council Planning & Amenity Committee Meeting - 10 May 2016 Attachment 1




ATTACHMENT 2 Site and Surrounds Imagery

Legend

Subject site

Objector(s)

Supporters ▲

Many of the objectors and all of the supporters were located beyond the map boundaries.

Supporters and objectors have been sorted into suburbs of residence (below) for easy reference.

Number of supporters by suburb

Mentone - 1

Hampton East - 1

Brighton East - 1

Bonbeach - 1

Cheltenham - 1

Gardenvale - 1

Clayton North - 1



Number of objectors by suburb

Black Rock - 32

Beaumaris - 6

Sandringham - 5

Hampton East - 1

Cheltenham - 1

Caulfield East - 1

View of the front of the site from the south

View of the site from the east along Balcombe Road



4.2 448 - 464 ST KILDA STREET BRIGHTON NOTICE OF DECISION TO GRANT A PERMIT APPLICATION 2015/389/1 WARD: NORTHERN


1. Purpose and background To report a planning permit application for the construction of three storey building consisting of 36 dwellings, car parking reduction and altering an access to a Road Zone Category 1 on a lot with an area of 1,955 square metres (refer Attachment 1) at 448-464 St Kilda Street, Brighton (refer Attachment 2).

Applicant: SJB

Date application received: 14 September 2015

Statutory days expired: 13 November 2015

2. Policy implications Planning permit requirements

Clause 32.08-4 (General Residential Zone) – Construction of two or more dwellings on a lot.

Clause 52.06 (Car Parking) – Car parking reduction for visitors.

Clause 52.29 (Road Zone Category 1) – Altering an access to a Road Zone Category 1.

3. Stakeholder Consultation External referrals

The application was referred to the following referral authorities:

VicRoads No objection

Public Transport Victoria No objection

Internal referrals



Traffic Engineer No objection, subject to conditions

Drainage Engineer No objection, subject to conditions

Arborist No objection, subject to conditions

Waste Management No objection, subject to conditions

Urban Design No objection, subject to conditions

Environmental Health No objection, subject to conditions

Urban Strategy No objection, subject to conditions

Public notification

The application was advertised pursuant to Sections 52(1)(a) and (d) of the Planning and Environment Act 1987 and 25 objections were received. The following concerns were raised:



Neighbourhood character,

Traffic and car parking,

Excessive site coverage,

Not zoned for high density,

Setbacks are non-compliant,

Waste collection,

Overshadowing, and

Overlooking.


A consultation meeting was held on 16 December 2015 and attended by most objectors. No agreements were reached following the meeting and no objections were withdrawn.


Issues a Notice of Decision to Grant a Permit under the provisions of the Bayside Planning Scheme in respect of Planning Permit application number 2015/389/1 for the land known and described as 448-464 St Kilda Street, Brighton, for the construction of a three storey building, including a basement and roof top terrace and altering access to a Road Zone Category 1 in accordance with the endorsed plans and subject to the following conditions from the standard conditions: 1. Before the development starts, amended plans to the satisfaction of the

Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the plans date stamped 14 September 2015 but modified to show:

a) Dwellings G.03 and G.04 living room walls and bedroom walls setback a minimum of 3.0m from the southern boundary and the 3.0m to be used for SPOS and landscaping. This may require these two dwellings converting into one dwelling.

b) First and second floor setbacks to Head Street to be a minimum of 3.0m.

c) All elevation plans and section plans to show no part of the building, plant or equipment, services or screen or other to exceed 11.0m in height. This should be shown via notations in metres and levels to AHD.

d) Northern and eastern setbacks for first and second storeys to comply with Standard B17 of Clause 55.

e) Bedrooms facing north for dwellings 1.02 and 2.02 to demonstrate compliance with Standard B22 of Clause 55.

f) Balconies and habitable rooms for dwellings at first and second floor facing the internal courtyard to be provided with overlooking treatments to ensure no more than 50% of ground floor secluded private open areas within the development can be overlooked.

g) The development, including walls, windows and roof top screening for plant and equipment be treated and constructed in accordance with the recommendations of the Acoustic Report submitted with the application and in accordance with condition 20. Notation for the rooftop plant and



equipment screen to include an installation of one layer of 6m thick fibrous cement board to the inside of the rooftop plant screen.

h) Dwelling G.01 to comply with Standard B27 (daylight to new windows) of Clause 55 (this may require the dwelling to become a one bedroom) to ensure adequate daylight is provided.

i) Dwelling G.09, for the window abutting the door accessing the communal area, be provided with an external screen to the bedroom window (setback from the window) to allow for daylight but avoid internal overlooking issues.

j) For the secluded private open space areas, a minimum of 8 square metres and minimum width of 1.6m for the following dwellings; G.01. G.03, G.04, 1.01, 1.03-1.05, 1.13, 2.03-2.05

k) The basement to show a minimum of 6 cubed metres of storage for each dwelling.

l) The basement provided with the number of parking spaces required for residents and visitors under Clause 52.06 of the Bayside Planning Scheme. All visitor spaces must be signed and at grade (not in a stacker of similar).

m) All section plans to demonstrate compliance with Clause 52.06 and provide at least 2.1 metres headroom beneath overhead obstructions, calculated for a vehicle with a wheel base of 2.8 metres.

n) The doors for the assembly booster facing Head Street shown as being unable to be opened onto the footpath.

o) Notation to show that all AC condenser units (not in basement or rooftop) to be relocated to an appropriate location in the basement or rooftop and to the satisfaction of the Responsible Authority.

p) Skylights added to the roof where possible above stairwells and other communal areas.

q) Addition of convex mirrors inside the basement to be included at the bends.

r) A longitudinal section plan for the ramp showing all levels to AHD including grades, lengths, levels at change in grade and height clearance.

s) A schedule of external construction materials, finishes and colours in accordance with Condition 7 of this permit.

t) Water sensitive urban design measures in accordance with Condition 9 of this permit.

u) Details on boom gate or similar system to be installed on the ramp and in accordance with Condition 14 of this permit.

v) Landscaping plan in accordance with Condition 15 of this permit.

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

3. Prior to the commencement of construction or carrying out works pursuant to this permit, or any works associated with a sensitive use, or where no works are proposed, prior to the commencement of the permitted use, either:

a) A Certificate of Environmental Audit for the land must be issued in accordance with Section 53Y of the Environment Protection Act 1970 and provided to the Responsible Authority; or,



b) An Environmental Auditor appointed under Section 53S of the Environment Protection Act 1970 must make a Statement in accordance with Section 53Z of that Act that the environmental conditions of the land are suitable for the use and development that are the subject of this permit and that statement must be provided to the Responsible Authority.

Where a Statement of Environmental Audit is issued for the land, the buildings and works and the use(s) of the land that are the subject of this permit must comply with all directions and conditions contained within the Statement.

Where a Statement of Environmental Audit is issued for the land, prior to the commencement of the use, and prior to the issue of a Statement of Compliance under the Subdivision Act 1988, and prior to the issue of an Occupancy Permit under the Building Act 1993, a letter prepared by an Environmental Auditor appointed under Section 53S of the Environment Protection Act 1970 must be submitted to the Responsible Authority to verify that the directions and conditions contained within the Statement have been satisfied.

Where a Statement of Environmental Audit is issued for the land, and any condition of that Statement requires any maintenance or monitoring of an ongoing nature, the Owner(s) must enter into an Agreement with Council pursuant to Section 173 of the Planning and Environment Act 1987.

Where a Section 173 Agreement is required, the Agreement must be executed prior to the commencement of the permitted use, and prior to the certification of the plan of subdivision under the Subdivision Act 1988. All expenses involved in the drafting, negotiating, lodging, registering and execution of the Agreement, including those incurred by the Responsible Authority, must be met by the Owner(s).

4. All plant and equipment to be located away from habitable room windows of the dwellings and the adjoining properties habitable rooms. No plant, equipment, services or architectural features other than those shown on the endorsed plans are permitted above the roof level of the building/s without the written consent of the Responsible Authority.

5. All pipes, fixtures, fittings and vents servicing any building on the site must be concealed in service ducts or otherwise hidden from view to the satisfaction of the Responsible Authority.

6. The walls on the boundary of the adjoining properties shall be cleaned and finished to the satisfaction of the Responsible Authority.

7. Before the development starts, a schedule of construction materials, external finishes and colours (incorporating for example paint samples) to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the schedule will be endorsed and will then form part of the permit.

8. Before occupation, screening of windows including fixed privacy screens be designed to limit overlooking as required by Standard B22 and be installed and maintained to the satisfaction of the Responsible Authority thereafter for the life of the building

9. Before the development starts, detailed plans to the satisfaction of the Responsible Authority must be submitted to and be endorsed by the Responsible Authority. The plan must be drawn to scale with dimensions and three copies must be provided. The plans must show:



a) The type of water sensitive urban design stormwater treatment measures to be used.

b) The location of the water sensitive urban design stormwater treatment measures in relation to buildings, sealed surfaces and landscaped areas.

c) Design details of the water sensitive urban design stormwater treatment measures, including cross sections.

These plans must be accompanied by a report from an industry accepted performance measurement tool which details the treatment performance achieved and demonstrates the level of compliance with the Urban Stormwater Best Practice Environmental Management Guidelines, CSIRO 1999.

10. The water sensitive urban design stormwater treatment system as shown on the endorsed plans must be retained and maintained at all times in accordance with the Urban Stormwater - Best Practice Environmental Management Guidelines, CSIRO 1999, to the satisfaction of the Responsible Authority.

11. Before the occupation of the development starts, the area(s) set aside for vehicle parking and accessways must be constructed, drained and line marked to the satisfaction of the Responsible Authority. Such areas must be kept available for these purposes at all times.

12. Before the occupation of the development starts, new or altered vehicle crossing(s) servicing the development must be constructed to the satisfaction of the Responsible Authority and any existing disused or redundant crossing or crossing opening must be removed and replaced with footpath/nature strip/ kerb and channel, to the satisfaction of the Responsible Authority.

13. The mechanical stackers must be kept in good working order to the satisfaction of the Responsible Authority to ensure access to all car spaces is available at all times and to prevent adverse noise emissions.

14. Any security boom, barrier or similar device controlling vehicular access to the premises must be located a minimum of six metres inside the property to allow vehicles to prop clear of Head Street.

15. Before the development starts, a detailed landscape plan to the satisfaction of the Responsible Authority must be submitted to and be endorsed by the Responsible Authority. The plan must be generally in accordance with the landscape concept plan drawn by Jack Merlo Design, dated 25/6/15 and be drawn to scale with dimensions and three copies must be provided. The plan must show:

a) A survey, including, botanical names of all existing trees to be retained on the site including Tree Protection Zones calculated in accordance with AS4970-2009.

b) A survey including botanical names, of all existing trees on neighbouring properties where the Tree Protection Zones of such trees calculated in accordance with AS4970-2009 fall partially within the subject site.

c) A planting schedule of all proposed trees and shrubs, including botanical names, common names, pot sizes, sizes at maturity, and quantities of each plant.

d) Landscaping and/or planting within all areas of the site not covered by buildings or hard surfaces.

e) Details of surface finishes of pathways and driveways



16. Before the occupation of the development the landscaping works shown on the endorsed plans must be carried out and completed to the satisfaction of the Responsible Authority.

17. The landscaping shown on the endorsed plans must be maintained to the satisfaction of the Responsible Authority, including that any dead, diseased or damaged plants are to be replaced.

18. Before the development starts, a detailed public realm improvement plan to the satisfaction of the Responsible Authority must be submitted to and be endorsed by the Responsible Authority. The plan must show:

a) The planting of street trees on St. Kilda Street and Head Street.

b) The removal of all disused vehicle crossing on St. Kilda Street and Head Street and replacement with a nature strip and kerb and channel.

c) The reconstruction of the footpath on St. Kilda Street and Head Street.

d) The relocation of any existing parking and no standing signs on St. Kilda Street and Head Street to accord with the layout of the new vehicle crossings and development.

e) The provision of three bicycle hoops on Head Street.

f) The provision of a bench seat in front of the residential lobby on Head Street.

g) The relocation of any assets or infrastructure required on St Kilda Street or Head Street.

Before the occupation of the development the public realm improvement works on the endorsed plans must be carried out and completed to the satisfaction of the Responsible Authority unless otherwise agreed in writing by the Responsible Authority.

19. Prior to the commencement of works, an acoustic report must be submitted to and approved by the Responsible Authority to demonstrate how the dwellings will be acoustically treated to minimise noise transmission from the adjacent land uses to the satisfaction of the Responsible Authority.

20. Before the development starts, including any related demolition or removal of vegetation, a Tree Management Plan (report) and Tree Protection Plan (drawing), to the satisfaction of the Responsible Authority, must be submitted to and be endorsed by the Responsible Authority. The Tree Management Plan must be specific to the trees shown on the Tree Protection Plan, in accordance with AS4970-2009, prepared by a suitably qualified arborist and provide details of tree protection measures that will be utilised to ensure all trees to be retained remain viable post-construction. Stages of development at which inspections are required to ensure tree protection measures are adhered to must be specified.

The Tree Protection Plan must be in accordance with AS4970-2009, be drawn to scale and provide details of:

a) The Tree Protection Zone and Structural Root Zone for all trees to be retained on the site and for all trees on neighbouring properties where any part of the Tree Protection Zone falls within the subject site.

b) The location of tree protection measures to be utilised.

21. All protection measures identified in the Tree Management and Protection Plans must be implemented, and development works undertaken on the land must be undertaken in accordance with the Tree Management and Protection Plans, to the satisfaction of the Responsible Authority.



22. Before the development, detailed plans indicating, but not limited to, the method of stormwater discharge to the nominated Legal Point of Discharge (and On-Site Detention System where applicable) must be submitted to and approved by Council’s Infrastructure Assets Department

23. Before the development starts, the permit holder must apply to Council for the Legal Point of Discharge for the development from where stormwater is drained under gravity to the Council network.

24. Before the commencement of works, a Waste Management Plan must be submitted to and approved by the Responsible Authority. The Waste Management Plan must clearly indicate that waste collection is to be via a private contractor, not Council, and include:

a) Dimensions of storage waste areas.

a) Storm water drains in storage areas should be fitted with a litter trap.

b) The number and size of bins to be provided.

c) Facilities for bin cleaning.

d) Method of waste and recyclables collection.

e) Types of waste for collection, including colour coding and labelling of bins.

f) Hours of waste and recyclables collection (to correspond with Council Local Laws and EPA Noise Guidelines).

g) Method of hard waste collection.

h) Method of presentation of bins for waste collection.

i) Sufficient headroom within the basement to accommodate waste collection vehicles.

j) Sufficient turning circles for the waste collection vehicles to enter and exit the site in a forward direction.

k) Strategies for how the generation of waste and recyclables will be minimised.

l) Compliance with relevant policy, legislation and guidelines.

When approved, the plan will be endorsed and will then form part of the permit. Waste collection from the development must be in accordance with the plan, to the satisfaction of the Responsible Authority.

25. Provision must be made on the land for the storage and collection of garbage and other solid waste. This area must be graded and drained and screened from public view to the satisfaction of the Responsible Authority.

26. All waste material not required for further on-site processing must be regularly removed from the site. All vehicles removing waste must have fully secured and contained loads so that no wastes are spilled or dust or odour is created to the satisfaction of the Responsible Authority.

27. Before the commencement of works, a Construction Management Plan (CMP), to the satisfaction of the Responsible Authority, must be submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed and will then form part of the permit and shall thereafter be complied with. The CMP must specify and deal with, but not be limited to the following as applicable:

a) A detailed schedule of works including a full project timing.



b) A traffic management plan for the site, including when or whether any access points would be required to be blocked, an outline of requests to occupy public footpaths or roads, or anticipated disruptions to local services, preferred routes for trucks delivering to the site, queuing/sequencing, excavation and swept-path diagrams.

c) The location for the parking of all construction vehicles and construction worker vehicles during construction.

d) Delivery of materials including times for loading/unloading, unloading points, expected frequency and details of where materials will be stored and how concrete pours would be managed.

e) Proposed traffic management signage indicating any inconvenience generated by construction.

f) Fully detailed plan indicating where construction hoardings would be located.

g) A waste management plan including the containment of waste on site: disposal of waste, stormwater treatment and on-site facilities for vehicle washing.

h) Containment of dust, dirt and mud within the site and method and frequency of clean up procedures in the event of build-up of matter outside the site.

i) Site security.

j) Public safety measures.

k) Construction times, noise and vibration controls.

l) Restoration of any Council assets removed and/or damaged during construction.

m) Protection works necessary to road and other infrastructure (limited to an area reasonable proximate to the site).

n) Remediation of any damage to road and other infrastructure (limited to an area reasonably proximate to the site).

o) An emergency contact that is available for 24 hours per day for residents and the Responsible Authority in the event of relevant queries or problems experience.

p) Traffic management measures to comply with provisions of AS 1742.3-2009 Manual of uniform traffic control devices – Part 3: Traffic control devices for works on roads.

q) All contractors associated with the construction of the development must be made aware of the requirements of the Construction Management Plan.

r) Details of crane activities, if any.

Public Transport Victoria Condition 29 28. The existing bus stop and associated infrastructure on Head Street must not be

altered without the prior consent of Public Transport Victoria. Any alterations including temporary works or damage during construction must be rectified to the satisfaction of Public Transport Victoria and at the cost of the permit holder.

VicRoads Condition 30 29. Prior to the commencement of use of the permitted development, redundant



vehicle crossover on St Kilda Street and Head Street must be remove and the kerb, channel, footpath and nature strip reinstated to the satisfaction of the Responsible Authority.


a) The development is not started within two years of the date of this permit.

b) The development is not completed within four years of the date of this permit.

In accordance with Section 69 of the Planning and Environment Act 1987, a request may be submitted to the Responsible Authority within the prescribed timeframes for an extension of the periods referred to in this condition.

Permit Notes:

A permit must be obtained from Council for all vehicular crossings. These must be constructed under Council's supervision for which 24 hours notice is required.


Prior to commencement of any building works, an Asset protection Application must be taken out. This can be arranged by calling Asset Protection Administrator on 9599 4638.

Environmental audit notes:

A copy of the Certificate or Statement of Environmental Audit, including the complete Environmental Audit Report must be submitted to the Responsible Authority within 7 days of issue, in accordance with Section 53ZB of the Environment Protection Act 1970.

Where a Statement of Environmental Audit is issued for the land a copy of that Statement must be provided to any person who proposes to become an occupier of the land, pursuant to Section 53ZE of the Environment Protection Act 1970.

The land owner and all its successors in title or transferees must, upon release for private sale of any part of the land, include in the Vendor’s Statement pursuant to Section 32 of the Sale of Land Act 1962, a copy of the Certificate or Statement of Environmental Audit including a copy of any cover letter.

Where a Statement of Environmental Audit issued for the land contains conditions that the Responsible Authority considers to be unreasonable in the circumstances, the Responsible Authority may seek cancellation or amendment of the planning permit in accordance with Section 87 of the Planning and Environment Act 1987.







Clause 12 Environmental and Landscape Values



Clause 15 Built Environment and Heritage

Clause 16 Housing


Clause 21.03 Settlement and Housing

Clause 21.06 Built Environment and Heritage

Clause 22.06 Neighbourhood Character Policy

Clause 22.08 Water Sensitive Urban Design

Clause 32.08 General Residential Zone (Schedule 7)


Clause 45.03 Environmental Audit Overlay

Clause 52.06 Car Parking

Clause 52.29 Land Adjacent to a Road Zone Category 1 or a Public Acquisition Overlay for a Category 1 Road.

Clause 55 Two or more dwellings on a lot



6.1. Strategic Direction

Under Clause 21.02 (Bayside Key Issues and Strategic Vision), the site is shown as being a gateway location due to it being a prominent entry point to the Municipality. Under Schedule 7 to the GRZ, the site itself is earmarked as a strategic redevelopment site. Given the ‘Gateway’ and ‘Strategic Redevelopment’ designations of the site, it is considered that the concept of a three storey built form is appropriate, and through the zone further emphasised by the 11m height limit applicable to the land.

Secondly, the robust three storey form sited towards both frontages will enhance the gateway role the site plays in the Municipality and is considered responsive to the busy nature of these streets. Siting the dwellings close to the streets and the large open communal space to the north-east is responsive to the more sensitive abuttals to the rear and side. The building will be visible from numerous vantage points and will strengthen and enhance this gateway point as residents and visitors pass through the Municipality.

6.2. Environmental Audit Overlay

The site is subject to an Environmental Audit Overlay (EAO), as it was formerly used as a service station. A planning permit is not required under this clause however, before the residential use commences, either:

A certificate of environmental audit must be issued for the land in accordance with Part IXD of the Environment Protection Act 1970, or

An environmental auditor appointed under the Environment Protection Act 1970 must make a statement in accordance with Part IXD of that Act that the environmental conditions of the land are suitable for the sensitive use.

A condition is included on any permit issued to require that the above requirements are satisfied.



It should also be noted that the applicant provided a preliminary soil testing assessment and the findings of the report were that the site was suitable for residential use subject to further works being undertaken. The report stated excavation and fill has occurred on site and that there is some contamination on site but this level of contamination is acceptable during and after construction stages. The report acknowledged that potential exposures to groundwater and unexpected soil contamination during the construction phase can be managed through the implementation of a Site Management Plan. The report also stated that principles of intrinsically safe building design (ITRC, 2014) can be implemented or a passive vapour mitigation system can be designed for any basement and ensure the risk levels for future residents is acceptable.

6.3. Neighbourhood character

The site is located within Neighbourhood Character Precinct C1 and the proposal is considered to demonstrate a high level of compliance with the preferred future character statement and precinct guidelines as contained in Attachment 3.

The area is predominantly single and double storey with an emphasis on substantial trees, spaciousness and a streetscape which is not dominated by dwellings. The proposal presents a balanced approach in responding to the varying objectives of the zone and the character policy. Due to the strategic location, the building has been sited towards both frontages to not dominate the streetscape but rather highlight and emphasise its primary location at the edge of the Municipality. As result the siting has provided for a large rear communal open area which will maintain the garden setting and spaciousness of the area. Furthermore the proposal has created a visually interesting and attractive built form for a site in a prominent location.

6.4. Compliance with Clause 55 (ResCode)

An assessment against the requirements of Clause 55 is provided at Attachment 4. Those non-compliant standards are discussed below

Street Setback (Standard B6)

The proposal requires a front setback to St Kilda Street of 4.52m but seeks approval for 3.66m. The site is located on a prominent corner acting as a gateway point and transition from the Port Philip Municipality to Bayside as people travel on the Esplanade, St Kilda Street and Beach Road. The site lacks strong character attributes commonly found in residential areas largely due to this frontage being on an arterial road and opposite a reserve. Being a large re-development site at a gateway location a robust built form will enhance its appearance when viewed from the street and better integrate the proposal with the streetscape.

The side setback to Head Street is the more sensitive interface as Head Street has features and dwelling styles more commonly found in residential areas. The proposal requires a 3.0m setback. For dwelling G.05 a setback of 2.93m is provided and this is considered appropriate. For dwellings G.03 and G.04, they have a staggered design with bedrooms as close as 1.25m from the boundary and living rooms 2.8m. Whilst the staggered design will articulate the façade and break up any continuous built form, these dwellings do have a more direct relationship to the neighbouring dwelling to the east and therefore should have an increased setback to be more responsive to the character of the area, the streetscape and the amenity of neighbouring dwellings. Furthermore an increased setback will improve the landscaping opportunities in this setback to soften the built form and better contribute to the residential character. It is recommended that a condition be included requiring the setback of these two dwellings be a minimum of 3.0m. This may require these one bedroom dwellings be converted into one two bedroom dwelling.

At first and second floors to the St Kilda Street the front setback is 2.65m in lieu of the 4.52m required and the side setback to head street 1.2m to 1.9m in lieu of the 3.0m requirement. Whilst the site has been earmarked for increased medium density



development up to three storeys, the more robust nature of the building and three storey form will be prominent in the street and immediate area. For this reason, the setbacks need to be of greater compliance to ensure that the projecting first and second floors do not dominate the street and ensure the character of the area is respected. Considering Head Street is the more sensitive interface it is recommended a condition be included requiring the first and second floor setbacks to Head Street to be 3.0m to match ground floor setback.

Building Height (Standard B7)

Schedule 7 to the GRZ specifies a maximum mandatory height of 11.0m or 12.0m if there is 2.5 degrees of slope for a section of 8.0m. To the top of the building, the height is 10.2m and the plant and equipment screen and lift overrun will reach a height of 11.0m and therefore complies with the mandatory height control. It is recommended a condition be included on any permit to be issued to require any roof plant, services, lift over run or any other structure to be demonstrated as no more than 11.0m above natural ground level with levels of AHD notated on plan.

Site Coverage (Standard B8)

The proposal seeks approval for a site coverage of 57.15% in an area where Schedule 7 restricts the site coverage to 50%. The applicant has justified the variation given the sites context and strategic re-development potential. A variation is supported as the site is a re-development site and due to the siting of the building to the west and south, it has created one large pocket of open space of approximately 350 square metres which will benefit the future residents of the development and create spaciousness and separation from residents to the north and east. This large pocket of open space with a variation to the site coverage is preferred over smaller sections of open space around the perimeter. Due to the recommended condition above (Standard B6), the site coverage will be further reduced to approximately 56.50%.

Access (Standard B14)

Appropriate vehicular access is provided to basement car parking from Head Street. The crossover exists and has previously been used as an egress point. Whilst the volume and frequency of traffic will increase the traffic movements on Head Street, it will be safe and convenient for future residents. VicRoads have raised no objection to the proposal. Furthermore no access is proposed from St Kilda Street and this is supported due to the nature of the bend in the road. Also, Public Transport Victoria do not object to the proposal and believe the ingress and egress from the site and the bus stop adjacent to the crossover can co-exist.

Side and Rear Setbacks (Standard B17)

Due to the zoning of the site, the standard ResCode setbacks apply to the site. At ground floor the proposal exceeds the 1.0m setback requirement to the north with a setback of 1.37m. For the northern elevation at first and second floors the proposed setback is 1.37m in lieu of the 1.78m and 4.84m required. Whilst a variation of 0.41m at first floor may be considered minor, there is visual bulk issues associated with the mass and scale and this level of non-compliance. The second floor variation being sought is excessive and both non-compliances are considered to cause detriment on the neighbouring properties to the north and will not reflect the spaciousness when viewed from the street. It is recommended that the first and second floor northern setback be increased to comply with Standard B17.

As discussed above the same applies to the eastern setbacks, although at first floor, the proposed setback is only 1.0m and it is recommended that this be increased to a minimum of 1.7m. Increasing the setbacks at first and second floors will improve the spaciousness between buildings especially when viewed from the street, reduce visual bulk and will minimise the impact to the amenity of neighbouring dwellings.



Overlooking (Standard B22) and Internal Views (Standard B23)

Due to the large open space in the north-east corner of the site there is no overlooking from first and second floor dwellings to neighbouring habitable room windows or secluded private open space areas. There is some concern for the views obtained to the east from dwellings 1.02 and 2.02 and it is recommended a condition be included requiring the bedroom facing north be screened appropriately. The dwellings facing north have highlight windows 1.7m above finished floor level and therefore will not cause any overlooking.

There is some internal overlooking from first and second floor dwellings into the secluded private open space of dwellings facing the internal courtyard at ground floor, being dwellings G.02, G.07-G.09. It is therefore recommended a condition be included on any permit to be issued to require balconies and habitable rooms for dwellings at first and second floor facing the internal courtyard to be provided with overlooking treatments to ensure no more than 50% of ground floor SPOS areas can be overlooked.

Noise (Standard B24)

The applicant has submitted an Acoustic Assessment from Acoustic Logic. The report assessed external noise from manned spots on the street and also provided comment on roof top plant and equipment. The data shown demonstrates that the noise levels exceed those considered acceptable and as such will cause detriment on the internal amenity of future residents. Although the report does specify that if the development adopts the recommendation in the report the noise levels will comply with EPA guidelines and therefore ensure the amenity of future residents and neighbouring residents will be satisfactory. Considering the site abuts an Arterial Road with very high traffic volumes and the proposal includes a large rooftop plant and equipment area, it is recommend a condition be included requiring the development, including walls, windows and roof top screening for plant and equipment be treated and constructed in accordance with the recommendations of the Acoustic Report.

Daylight to new windows (Standard B27)

Only dwelling G.01 does not comply with this standard due to the snorkel design of the bedroom, projecting built form above and the requirement for screening to 1.7m above finished floor level as it faces a communal area. Dwelling G.09 has one bedroom that will also receive limited daylight due to it abutting a common walkway and will require screening. Daylight to habitable room windows is important to the internal amenity of future residents and critical in reducing the burning of fossil fuels. Therefore it is recommended a condition be included requiring G.01 to comply with the standard and that G.09 be provided with an external screen (setback from the window) to allow for daylight but avoid internal overlooking issues.

Secluded Private Open Space (Standard B28)

Most dwellings are provided with adequate levels of secluded private open space that would provide reasonable recreation and service needs of future residents. Although there are some dwellings which do not comply with Standard B28 and regardless of the communal ground floor and roof terrace open space, it is considered reasonable that each dwelling is provided with the privacy and amenity benefited from a reasonable sized secluded private open space and the burden not placed on communal areas. It is recommended a condition be included on any permit to be issued to require a minimum balcony size of 8 square metres and minimum width of 1.6m for the following dwellings; G.01. G.03, G.04, 1.01, 1.03-1.05, 1.13, 2.03-2.05. Most of these dwellings have a true south orientation and therefore increasing the size of these areas will assist in offsetting the downside of there being a lack of solar access.

Solar Access to Open Space (Standard B29)

Due to the orientation of the site there are eight dwellings with a true south orientation



and as a result will not receive adequate levels of solar access in accordance with Standard B29. This non-compliance is not uncommon with apartment style developments. Six of the eight dwellings that face south are one bedroom dwellings and the loss in amenity affects less people than that of larger dwellings. It is considered that overall the SPOS areas are sufficiently located as they will comply with Standard B28 and should a resident seek direct access to northern sun, the ground floor or rooftop communal areas are available. Furthermore, these south facing dwellings also provide an active frontage t the street and this is not uncommon for a site with such a large sought facing frontage.

Storage (Standard B30)

The basement shows 37 allocated storage areas for each dwelling. The storage spaces are shown as above bonnet or at grade but not all storage areas comply with the 6 cubed metre requirement. Considering the size of the development, communal areas and demand for storage areas within developments it is not considered reasonable to support a variation for storage. It is recommend a condition be included requiring the plan show 6 cubed metres of storage for each dwelling (located in the basement).

6.5. Car parking and traffic

Pursuant to Clause 52.06 of the Bayside Planning Scheme the proposed 36 dwellings triggers the need for 40 car parking spaces and 7 visitor spaces. The proposal includes 42 parking spaces and seeks a reduction of 5 visitor spaces.

Council’s Traffic Engineers have reviewed the traffic report and documentation provided by the application. Council’s Traffic Engineers are not satisfied with the area surveyed, the times surveyed (Sunday should have been included) and have commented that as there is no permitted parking in front of the site on St Kilda Street, it is an unreasonable burden on neighbouring sites that half of the available spaces in Head Street within 240m of the site would be relied on to provide visitor parking. As the only form of public transport within close proximity is a bus stop and that the area being near reserves and the beach has high parking demands, it is unreasonable to support a waiver of visitor parking. For this reason, it is recommended the full complement of visitor and residential parking be provided and a condition be placed on permit to require the number of spaces in the basement to comply with Clause 52.06 of the Bayside Planning Scheme and that visitor spaces must not be in a stacker or similar as they must be easily accessible.

Council’s Traffic Engineers have also commented on the headroom clearance throughout the basement and for the ramp. The plans and sections are not clear in demonstrating a 2.1m headroom clearance and therefore it is recommended a condition be included requiring the plans demonstrate compliance with at least 2.1 metres headroom beneath overhead obstructions, calculated for a vehicle with a wheel base of 2.8 metres. They have also commented that doors for the booster facing Head Street should not be shown as being able to open onto the footpath, this can be address via condition.

It should be noted that a permit is required to alter access to a Road Zone Category 1, in this case removal of the existing vehicle crossing to St Kilda Street. VicRoads have no objection and have provided a condition to go on any permit to be issued.

6.6. Vegetation & Landscaping

The site is void of vegetation and the landscape plan material submitted with the application is considered satisfactory. There is no vegetation on neighbouring sites that would be affected by the proposal.

There is no vegetation on the nature strip and it the ground floor plans indicate the planting of street trees. It is recommended a condition be included to address the treatment of the nature strip.



Support Attachments 1. Development Plans 2. Site and Surrounds Imagery 3. Neighbourhood Character Precinct C1 Assessment 4. Clause 55 (ResCode) Assessment




One objection was from outside of the area shown on this map.

Legend

Subject Site

Objector



St Kilda Street frontage looking east

St Kilda Street frontage looking east



St Kilda Street frontage looking north-east

Head Street frontage looking north



Head Street frontage looking north



ATTACHMENT 3 Neighbourhood Character Policy (Precinct C1)

Preferred Future Character

The mix of dwelling styles, including a substantial presence of pre WW2 dwellings, sit within spacious gardens and do not dominate or overwhelm the streetscape. Garden plantings, and well-articulated façades and roof forms, assist in minimising the dominance of buildings from within the street space, as well as providing visual interest. Front setbacks allow planting of substantial trees and shrubs and side setbacks on both sides maintain a sense of spaciousness in the area. Trees are a mixture of exotic and natives, with an increasing frequency of traditional coastal and indigenous species, strengthening the visual connection of the area with the coast. Open style front fences retain an ability to view buildings from the street. Buildings fronting the foreshore reflect their setting and provide a visually attractive built form interface with the reserve.

Precinct Guidelines

Objective Design Response Avoid Comments To encourage the retention of dwellings that contribute to the valued character of the Precinct in the design of development proposals.

Attempt to retain wherever possible intact and good condition dwellings that contribute to the valued character of the Precinct in designing new development.

Alterations and extensions should retain the front of these dwellings.

Demolition of dwellings that contribute to the valued character of the Precinct.

The site was formerly a petrol station and has been vacant for approximately three (3) years.

To maintain and enhance the spacious garden settings of the dwellings.

Prepare a landscape plan to accompany all applications for new dwellings that includes substantial trees and shrubs.

Lack of landscaping and substantial vegetation.

There will be sufficient landscaping to the large communal space to the north-east, along both frontage and even at roof top level.

To enhance the bayside vegetation character of the area.

Retain large trees and established native and traditional coastal vegetation and provide for the planting of new indigenous coastal trees where possible.

Removal of large native and coastal trees.

A landscape plan will be required as a condition on any permit to be issued and as stated above there are sufficient planting opportunities.



Objective Design Response Avoid Comments Planting of environmental weeds.

To retain the sense of spaciousness in the area and provide adequate space for front gardens.

Buildings should be sited to allow space for the planting of trees and shrubs.

Buildings should be sited to create the appearance of space between buildings and accommodate substantial vegetation.

The communal space at the rear will retain the sense of spaciousness as will conditions requiring increased setbacks at first floor.

To minimise the dominance of car parking facilities, driveways and crossovers.

Where consistent brick colours are used in the streetscape, use similar toning in the colours of new buildings.

Use simple building details without replication of older styles.

Car parking facilities that dominate the facade or view of the dwelling.

Loss of front garden space.

The use of a basement ensures that the site will not dominate the façade through car parking facilities.

To ensure that new buildings and extensions do not dominate the streetscape.

Recess upper level elements from the front façade.

High pitched roof forms with dormer windows.

A condition has been included to improve street setbacks to ensure the proposal does not dominate the façade. The level of articulation, glazing and landscaping will further integrate the proposal with the street.

To respect heritage qualities of adjoining buildings.

Where adjoining an identified heritage building, respect the height, building forms, siting and materials, of the heritage building/s in the new building design.

Buildings that dominate heritage buildings by height, siting or massing.

There are no heritage buildings adjoining the site.

To encourage the use of a variety of building materials, finishes and design detail that complement the coastal setting.

Use a mix of materials including timber or other non-masonry wall materials in building design.

Use simple building details and articulate roof forms.

Large, poorly articulated external wall surfaces of one material only.

Heavy materials and design detailing (eg. large masonry columns and piers).

The materials are considered appropriate and a condition on any permit to be issued will be required to ensure a full schedule is provided.

To encourage the openness of the streetscape.

Provide open style fencing, other than along heavily trafficked roads.

High, solid front fencing. The conditions requiring increased setbacks and more landscaping will improve the openness of the site.



Objective Design Response Avoid Comments To create a visually interesting and attractive built form interface with the foreshore reserve, on properties fronting the reserve and visible from the reserve.

Articulate the form of buildings and elements, particularly front facades, and include elements that lighten the building form such as balconies, verandahs, non-reflective glazing and light transparent balustrading.

Use a mix of contemporary and traditional coastal materials, textures and finishes, including render, timber, non-masonry sheeting, glazing, stone and brick.

Provide a fence or landscaping treatment to delineate the property boundary fronting the foreshore reserve.

Provide articulated roof forms to create an interesting skyline

Buildings that have no relationship to the foreshore setting.

Poorly articulated roof and building forms.

Highly reflective materials or glazing.

Blank walls facing the foreshore.

Lack of distinction between public and private spaces along the foreshore.

A condition on permit will require a complete colours and materials schedule.



ATTACHMENT 4 ResCode (Clause 55) Assessment

Title and Objective Complies with Standard?

Requirement and Proposed

B1 Neighbourhood Character Design respects existing neighbourhood character or contributes to a preferred neighbourhood character.

Development responds to features of the site and surrounding area.

Yes Refer attachment 3.

B2 Residential Policy

Residential development is consistent with housing policies in the SPPF, LPPF including the MSS and local planning policies.

Support medium densities in areas to take advantage of public transport and community infrastructure and services.

Yes The subject site is appropriately located with regard to services and facilities to support 36 dwellings. See 6.2 of the report for discussion.

B3 Dwelling Diversity Encourages a range of dwelling sizes and types in developments of ten or more dwellings.

Yes Dwellings range in sizes from 50m² to 118m² and vary in layout from single level to duplex design. There is a good range with number of bedrooms which is as follows:

11 x 1 bedroom dwellings

16 x 2 bedroom dwellings

4 x 3 bedroom dwelling

5 x duplex dwellings (2 bedroom)

Total of 36 dwellings

B4 Infrastructure

Provides appropriate utility services and infrastructure without overloading the capacity.

Yes Any upgrades required will be the responsibility of the developer.

B5 Integration with the Street Integrate the layout of development with the street

Yes The building appropriately address the street especially with the duplex design to St Kilda Street.

B6 Street Setback The setbacks of buildings from a street respect the existing or preferred neighbourhood character and make efficient use of the site.

No Front Setback (St Kilda Street)

Required: 4.52 metres

Proposed: 6 metres

Side Setback (Head Street)

Required: 3 metres



Proposed: 1.255m

See section 6.4 of report. Partly addressed by conditions.

B7 Building Height Building height should respect the existing or preferred neighbourhood character.

Yes Preferred: 11 metres

Proposed: 10.2 metres to the top of the building and 11.0m to the top of the plant screen

See section 6.4 of report.

B8 Site Coverage Site coverage should respect the existing or preferred neighbourhood character and respond to the features of the site.

No Maximum: 50%

Proposed: 57.15%


B9 Permeability Reduce the impact of stormwater run-off on the drainage system and facilitate on-site stormwater infiltration.

Yes Minimum: 20%

Proposed: 20.4%

B10 Energy Efficiency Achieve and protect energy efficient dwellings and residential buildings.

Ensure orientation and layout reduces fossil fuel energy use and makes appropriate use of daylight and solar energy.

Yes The proposal provides appropriate solar access to the dwellings due to the large open space in the north-east corner of the site.

B11 Open Space Integrate layout of development with any public and communal open space provided in or adjacent to the development.

Yes The proposal includes two communal open space areas, one at ground floor in the north-east corner of the site of approximately 350m². The second area will be approximately 570m².

B12 Safety Layout to provide safety and security for residents and property.

Yes No safety issues are considered to be likely to arise.

B13 Landscaping To provide appropriate landscaping.

To encourage:

Development that respects the landscape character of the neighbourhood.

Development that maintains and enhances habitat for plants and animals in locations of habitat importance.

The retention of mature vegetation on the site.

Yes See section 6.6 of report.

B14 Access Ensure the safe, manageable and convenient vehicle access to and from the development.




Ensure the number and design of vehicle crossovers respects neighbourhood character.

B15 Parking Location Provide resident and visitor vehicles with convenient parking.

Avoid parking and traffic difficulties in the development and the neighbourhood.

Protect residents from vehicular noise within developments.

Yes The proposed car parking areas are appropriately located and convenient for future residents. The lack of visitor parking will be addressed via conditions.

B17 Side and Rear Setbacks Ensure the height and setback respects the existing or preferred neighbourhood character and limits the amenity impacts on existing dwellings.

No See section 6.4 of report. Partly addressed by conditions.

Ground floor First floor Second floor

Required Proposed Required Proposed Required Proposed

North (side)

0m to 1.0m 1.37m 1.78m 1.37m 4.84m 1.37m

East (side)

0m to 1.0m 0m 1.7m 1.0m 5.29m 1.0m

B18 Walls on Boundaries Ensure the location, length and height of a wall on a boundary respects the existing or preferred neighbourhood character and limits the amenity impacts on existing dwellings.

Yes The only wall on boundary is that of dwelling G.02 which is 3.6m in height but will sit below the height if the parapet of the neighbours wall on boundary other than a small section of wall and this is considered appropriate.

B19 Daylight to Existing Windows Allow adequate daylight into existing habitable room windows.

Yes Setbacks are sufficient to allow for daylight into neighbouring existing habitable room windows.

B20 North Facing Windows Allow adequate solar access to existing north-facing habitable room windows.

Yes There are no north facing habitable rooms within close proximity.

B21 Overshadowing Open Space Ensure buildings do not significantly overshadow existing secluded private open space.

Yes Due to the site being on a corner and its north-south orientation, there will be no overshadowing issues of neighbouring SPOS areas.

B22 Overlooking Limit views into existing secluded private open space and habitable room windows.

No See section 6.4 of report. Addressed by conditions.

B23 Internal Views Limit views into existing secluded private open space and habitable room windows of dwellings and residential buildings within the same development.




B24 Noise Impacts Protect residents from external noise and contain noise sources in developments that may affect existing dwellings.

No See section 6.4 of the report. Addressed by conditions.

B25 Accessibility Consider people with limited mobility in the design of developments.

Yes Entries are easily accessible for people with limited mobility. Stairs and lifts will ensure residents can access all three levels and basement, although there will only be stair access to the rooftop open space.

B26 Dwelling Entry Provide a sense of identity to each dwelling/residential building.

Yes The proposal includes one main entrance to head street which is easily identifiable as the entrance is setback from the boundary and has clear glazing for the height of the entrance. The increased setback to G.04 and G.03 will improve the landscaping and visibility of the entrance when viewed from the street.

B27 Daylight to New Windows Allow adequate daylight into new habitable room windows.

No See section 6.4 of the report. Addressed by conditions.

B28 Private Open Space Provide reasonable recreation and service needs of residents by adequate private open space.

No Minimum: 25m² secluded, 40m² overall or 8m²

Proposed SPOS:

SPOS areas range from 4.5m² to 48m²

See section 6.4 of report. Addressed by conditions.

B29 Solar Access to Open Space Allow solar access into the secluded private open space of new dwellings/buildings.

No See section 6.4 of report.

B30 Storage Provide adequate storage facilities for each dwelling.


B31 Design Detail Encourage design detail that respects the existing or preferred neighbourhood character.

Yes Refer Attachment 1.

B32 Front Fences Encourage front fence design that respects the existing or preferred neighbourhood character.

Yes Required: 2.0 m Proposed: 1.95m

B33 Common Property Ensure car parking, access areas and other communal open space is practical, attractive and easily maintained.

Avoid future management difficulties in common ownership areas.

Yes The basement and associated ramp does not present any future ownership issues. The communal spaces in the north-east and rooftop will be managed no different to that of a basement.



B34 Site Services Ensure site services and facilities can be installed and easily maintained and are accessible, adequate and attractive.


Yes The basement and roof contain all services and plant. No AC condenser units are proposed on balconies.



4.3 13 HANSEN STREET BRIGHTON EAST NOTICE OF DECISION TO GRANT A PERMIT APPLICATION 2015/805/1 WARD: CENTRAL


1. Purpose and background To report a planning permit application for the construction of two double storey dwellings and a front fence greater than 1.2m in height on a lot with an area of 600 square metres (refer Attachment 1) at 13 Hansen Street, Brighton East (refer Attachment 2).

Applicant: Danes Design Studio

Date application received: 30 December 2015

Statutory days expired: 28 February 2016



Clause 32.09-5 (Neighbourhood Residential Zone) – Construction of two or more dwellings on a lot and a front fence greater than 1.2 metres in height.

Planning scheme amendments

Planning Scheme Amendment C140 has been prepared by Council. Until such time however as Amendment C140 is reviewed by a Panel and is adopted by Council, no weight can be given to it. Case law confirms that proposed amendments to planning schemes are not considered to be ‘seriously entertained’ and applied in the assessment of permit applications until such time as they have progressed beyond a Panel and adopted by Council.



Internal referrals


Internal Referral Response Traffic Engineer No objection, subject to conditions

Open Space Arborist No objection, subject to conditions



Public notification

The application was advertised pursuant to Sections 52(1)(a) and (d) of the Planning and Environment Act 1987 and eight objections were received. The following concerns were raised:


Removal of vegetation on the nature strip at the end of Vernon Street,



Traffic congestion, loss of on-street parking spaces, difficult for waste collection, inability for vehicles to exit the dwelling in a forwards direction and safety to pedestrians all relating to Vernon Street,

Compliance with front and side setbacks,

Overdevelopment and increased noise pollution,

Lack of secluded private open space,

Overlooking,

Noise,

Walls on boundary,

Drainage and sewage easement, and

Height of front fence to Vernon Street will cause safety issues.




Issues a Notice of Decision to Grant a Permit under the provisions of the Bayside Planning Scheme in respect of Planning Permit application number 2015/805/1 for the land known and described as 13 Hansen Street, Brighton East, for the construction of two double storey dwellings and a front fence greater than 1.2m in height in accordance with the endorsed plans and subject to the following conditions from the standard conditions:

1. Before the development starts, amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the plans dated 30 December 2015 but modified to show:

a) Master bedroom and ensuite at ground floor for both dwellings deleted and a minimum of 25 square metres of secluded private open space provided (with no pergola or similar) in accordance with the concept plans submitted to Council on 28 April 2016.

b) At first floor all side setbacks increased to comply with Standard B17 of Clause 55. This may be achieved by reducing the overall height of the dwellings.

c) At first floor the separation between dwellings to be a minimum of 3.0m.

d) The front fences to Hansen Street and Vernon Street deleted in accordance with the concept plans submitted to Council on 28 April 2016.

e) The driveway for dwelling 2 setback of 2.8m from No.4 Vernon Street.

f) A 4.5m wide turntable within the driveway for dwelling 2 and 1.0m clearance from obstructions.

g) Details of the boundary fencing between dwellings 1 and 2.

h) Plans showing the northern elevation of dwelling 2 and southern elevation of dwelling 1 and which comply with Standards B22 and B23 of ResCode.



i) Mailboxes for each dwelling.

j) A schedule of external construction materials, finishes and colours. At first floor to all elevations, a minimum of two materials are to be used to break up the appearance and add visual interest.

k) Water sensitive urban design measures in accordance with Condition 6 of this permit.

l) Construction and design drawings in accordance with Condition 10 of this permit.

m) A landscaping plan in accordance with condition 12 of this permit.


3. No plant, equipment, services or architectural features other than those shown on the endorsed plans are permitted above the roof level of the building/s without the written consent of the Responsible Authority









8. Before the occupation of the development starts, the area(s) set aside for vehicle parking and accessways must be constructed, drained and line marked to the satisfaction of the Responsible Authority. Such areas must be kept available for these purposes at all times.

9. Before the occupation of the development starts, new or altered vehicle crossings servicing the development must be constructed to the satisfaction of the Responsible Authority and any existing disused or redundant crossing or crossing opening must be removed and replaced with footpath/nature strip/ kerb and channel, to the satisfaction of the Responsible Authority.

10. Prior to the commencement of development, the applicant must submit and have approved by Council’s Infrastructure Department detailed construction and



design drawings for the construction of a 1.5m wide footpath to the rear of No. 13 and No. 15 Hansen Street which connects the current footpaths terminating outside No. 3 and No. 4 Vernon Street. Such drawings are to be to the satisfaction of Council.

11. Prior to occupation of the development, unless otherwise agreed in writing by the Responsible Authority, the footpath as shown on the detailed construction and design drawings approved under Condition 10 of this permit must be constructed, at no cost to Council and at the full cost to the permit holder, in accordance with Council’s standards and to the satisfaction of Council’s Infrastructure Department.

12. Before the development starts, a detailed landscape plan to the satisfaction of the Responsible Authority must be submitted to and be endorsed by the Responsible Authority. The plan must be drawn to scale with dimensions and three copies must be provided. The plan must show:








15. Before occupation, screening of windows including fixed privacy screens be designed to limit overlooking as required by Standard B22 and be installed and maintained to the satisfaction of the Responsible Authority thereafter for the life of the building.

16. Before the development starts, including any related demolition or removal of vegetation, a Tree Management Plan (report) and Tree Protection Plan (drawing), to the satisfaction of the Responsible Authority, must be submitted to and be endorsed by the Responsible Authority. The Tree Management Plan must be specific to the trees shown on the Tree Protection Plan, in accordance with AS4970-2009, prepared by a suitably qualified arborist and provide details of tree protection measures that will be utilised to ensure all trees to be retained remain viable post construction. Stages of development at which inspections are required to ensure tree protection measures are adhered to must be specified.







18. Any pruning that is required to be done to the canopy of any tree to be retained is to be done by a qualified arborist to Australian Standard – Pruning of Amenity Trees AS4373-1996. Any pruning of the root system of any tree to be retained is to be done by hand by a qualified arborist.

19. Before the development starts tree protection fencing is to be established around the street tree within the Hansen Street road reserve abutting the subject site prior to demolition and maintained until all works on site are complete. The fencing is to be constructed and secured so its positioning cannot be modified by site workers. The fencing is to encompass the entire nature strip under the drip line of the tree. The Tree Protection Zone is to be established and maintained in accordance with AS 4970-2009. During construction of the crossover, tree protection fencing may be reduced to the edge of the Council approved crossover to facilitate the construction of the crossover.

20. Before the development starts the applicant must pay the Responsible Authority for the removal and replacement of any existing street trees within the Vernon Street road reserve required to be removed to facilitate construction of the vehicle crossover to dwelling 2. This amount will be determined in accordance with Councils current policy for the removal of street trees and be calculated at the time of request for payment. The Responsible Authority, or a contractor or agent engaged by the Responsible Authority, must undertake the removal and replacement of the street tree. Any replacement planting will be at the discretion of the Responsible Authority.

21. Before the development, detailed plans indicating, but not limited to, the method of stormwater discharge to the nominated Legal Point of Discharge (and On-Site Detention System where applicable) must be submitted to and approved by Council’s Infrastructure Assets Department.






Permit Notes:













Clause 16 Housing






Clause 32.09 Neighbourhood Residential Zone (Schedule 3)







The site is located within Neighbourhood Character Precinct D4 and the proposal is considered to demonstrate a high level of compliance with the preferred future character statement and precinct guidelines as contained in Attachment 3.

The dwellings are sited to be sufficiently setback from front and side boundaries and as such does not dominate the streetscape or neighbouring properties. A condition in the recommendation requires the separation between the dwellings be increased to retain the openness between dwellings consistent with the neighbourhood. Whilst there will be limited landscaping opportunities through the centre of the site, the area located in the front setback will allow for canopy tree planting and conditions will ensure the openness of the streetscape is maintained.




An assessment against the requirements of Clause 55 is provided at Attachment 4. Those non-compliant standards are discussed below:

Standard B6 (Street Setback)

As the proposal seeks approval for two dwellings with different frontages one facing Hansen Street and one facing Vernon Street, each dwelling is therefore required to comply with Standard B6. The front setback of dwelling 1 to Hansen Street complies.

Only five dwellings face Vernon Street with setbacks ranging from 7.2m to 11.9m. The proposed 6.0m setback to Vernon Street is not unreasonable given the site is at the end of a court bowl and there is sufficient area due to provide landscaping to enhance the streetscape whilst making efficient use of the site.

Standard B17 (Side and Rear Setbacks)

Standard B17 requires dwellings to be setback 2.0m from side boundaries. To the west the proposal complies with this standard. Although, the side setback at ground floor to the eastern boundary of 1.2m is not considered to respect the amenity of the neighbouring dwelling at 11 Hansen Street. Furthermore, due to the attached nature of the dwellings at ground floor there is insufficient separation, secluded private open space or landscaping opportunities. Therefore it is recommended a condition be included requiring the rear master bedroom and en-suites be deleted to provide for a minimum of 25 square metres of secluded private open space in accordance with the concept plans submitted on 28 April 2016 (refer Attachment 5).

First floor side setbacks are well short of the setback requirements of Standard B17. As a result the first floor footprints create a box like appearance. The side setbacks are considered to cause detriment on the amenity of neighbouring residents. To create separation between the proposed dwellings and neighbouring properties it is recommended that a condition be placed on any permit to be issued to require all side setbacks to be increased to comply with Standard B17.

The dwellings reach a height of 7.2m and require a setback of 4.58m. Lowering the dwelling heights will reduce the setback requirement (e.g. 6.5m requires 3.74m) and therefore the condition will allow the applicant to increase the setbacks or reduce the dwelling height and increase the setbacks. The addition of this condition will not compromise the internal amenity of the dwellings.

Standard B23 (Internal Views)

The applicant has not provided plans to show the height of the boundary fence between ground floor bedrooms or between first floor bedrooms 2 and 3. It is recommended a condition be included to ensure there is no internal view between dwellings.

Standard B28 (Private open space) and Standard B32 (Front Fences)

Both streets commonly have no front fence or low front fences. Due to the siting of secluded private open space in the front setback, there is a need for the front fence to provide security and privacy, but this outcome is not considered an appropriate design response. Due to the recommendation above (under Standard B17) to delete master bedrooms at the rear of each dwelling, the provision of 25 square metres of secluded private open space to the rear will now be provided. This area will allow for recreation needs of residents, landscaping opportunities and spaciousness between dwellings.

As a result, the development will no longer rely on front setbacks for secluded private open space and as such an amendment to the front fence is appropriate to ensure the proposal is in keeping with the character of the area. The front setbacks will make up the remaining private open space required under Standard B28 but due to the rear private open space the front fences are no longer required and as such a condition be included



requiring these be deleted in accordance with the concept plan submitted on 28 April 2016.


Pursuant to Clause 52.06 of the Bayside Planning Scheme the proposal requires that each dwelling is provided with two car parking spaces. Each dwelling is provided with a double garage and therefore satisfies this requirement.

Council’s Traffic Engineers have raised concern with the ability for vehicles to exit onto Vernon Street in a forward direction. This concern is due to the site being located at the end of a cul-de-sac. It is recommended that a condition be included requiring a 4.5m wide turntable be installed inside the driveway with a 1.0m clearance from other intrusions.

Concern was raised with the addition of a crossover to the end of Vernon Street as it will affect turning movements at the end of the cul-de-sac, impact on waste collection, safety of pedestrians, remove on-street parking and result in a loss of trees on the nature strip. Whilst there will be an increase in traffic movements in the street, the addition of one dwelling that provides the required number of parking spaces on site is not considered to cause traffic issues or waste collection for the immediate area. Furthermore, Council’s Traffic Engineer requires plans to show the proposed footpath connecting the proposed dwelling to the footpath in front of number 3 and 4 Vernon Street. As this involves works outside of the subject site, to benefit the applicant, it is common for a condition to be included requiring the applicant provide civil drawings to show the proposed pedestrian paths and cover the costs of these works.


The site is clear of any significant vegetation. The only significant vegetation to consider are the trees in the front setback of 4 Vernon Street that are within close proximity of the proposed crossover and driveway. Council’s Arborist has recommended a setback of 2.8m from the boundary of 4 Vernon Street is required to be sufficiently clear of any root system. This will also be managed by a condition requiring a tree protection plan.

Council’s Street Tree Arborist has supported the removal of vegetation on the nature strip of Vernon Street and a condition will be included to address this.

6.5. Objections received

Issues raised by objectors that have not been discussed in the assessment above are discussed below.

Noise

The addition of one extra dwelling on the site will not increase the noise levels above what is commonly expected in neighbourhood residential zone.

Walls on boundary

The proposed walls on boundary consist of the two garages being on the boundary for a length of approximately 12.0m. One garage will abut the secluded private open space of 11 Hansen Street and the other the ‘service yard’ of 11 Hansen Street. The length and height of walls on boundaries comply with Clause 55 and a condition has been included requiring that the walls on boundaries be finished to the satisfaction of the Responsible Authority.

Drainage and Sewage/Easement

A standard condition will be included requiring the submission of drainage plans for approval by Council’s Drainage Engineers prior to commencement of works. Furthermore, there is no built form proposed over the easement at the rear of the site.



Support Attachments 1. Development Plans 2. Site and Surrounds Imagery 3. Neighbourhood Character Precinct D4 Assessment 4. Clause 55 (ResCode) Assessment 5. Concept Plans




One objection was received from Marriage Street which is not shown on the map.

Legend

Subject Site

Objector



13 Hansen Street Brighton East

Rear of subject site (Vernon Street)



ATTACHMENT 3 Neighbourhood Character Policy (Precinct D4)


The wide variety of dwelling styles sit within established gardens, with occasional canopy trees, and do not dominate the streetscape. The

buildings are consistently set back from the front and at least one side boundary, which, combined with the open style front fencing, creates a

sense of spaciousness in the streetscape. Avenues of street trees assist in unifying streetscapes.

Precinct Guidelines

Objective Design Response Avoid Comments To maintain and

enhance the garden

settings of the

dwellings and rhythm

of front boundary

setbacks.


Retain existing large trees wherever possible.


Lack of landscaping and substantial vegetation

Removal of large trees.

The deletion of the front fences will ensure the front garden settings are maintained and the rhythm of front setbacks protected.

To maintain the

rhythm of visual

separation between

buildings


A condition has been included to provide greater separation at ground and first floors between dwellings 1 and 2 and to ensure visual separation to neighbours. A 2.0m setback to the western boundary has also been provided.

To minimise the

dominance of car Locate garages and carports

behind the line of the dwelling. Car parking structures that dominate the façade or view of the dwelling.

Due to the dual frontage of the proposal, each dwelling is provided with a double garage, but



Objective Design Response Avoid Comments parking structures in

the streetscape.

the street will appear as standard single dwellings on a lot.

To ensure that

buildings and

extensions do not

dominate the

streetscape.

Recess second storey elements

from the front façade.

Use simple building details.

A condition of permit will require the second storey to be recessed.

To maintain the openness of the streetscape.

Front fence style should be open and appropriate to the building era.

High front fencing. A condition has been included to require the front fences be deleted.












Yes The subject site is appropriately located with regard to services and facilities to support two dwellings.


N/A

B4 Infrastructure




Yes The dwellings appropriately address the street and entries are clearly identifiable from either the streetscape or the common pedestrian access.


No Hansen Street


Proposed: 9.0 metres

Vernon Street

Required: 9.0 metres Provided: 6.0 metres See section 6.2 of report.


Yes Maximum: 8.0 metres





Yes Maximum: <50%

Proposed: 49.44%


Yes Minimum: >20%

Proposed: 40.31%



Yes The proposal provides appropriate solar access to the dwellings.


N/A




To encourage:




Yes See section 6.4 of report






Yes The proposed car parking areas are appropriately located.





No See section 6.2 of report

Ground floor First Floor

Requirement Proposed Requirement Proposed

East (side) 0m or 2.0m DW1: 0m, 1.2m, 2.0m

DW1: 4.58m DW1: 3.0m

West (side) 0m or 2.0m DW2: 0m, 1.2m, 2.0m

DW2: 4.58m DW2: 3.0m

South (rear) N/A N/A N/A N/A


Yes Maximum Height: 3.6m

Proposed: 3.2m

Maximum Average Height: 3.2m

Proposed: 3.2m

Maximum Length: 19.25m

Proposed: 12m B19 Daylight to Existing Windows Allow adequate daylight into existing habitable room windows.

Yes Neighbouring dwellings will receive adequate levels of daylight.


Yes No north facing windows on adjoining properties are affected.


Yes Shadow diagrams submitted with the application demonstrate that at least 75%/40m² of adjoining dwellings secluded private open space receives at least five hours of sunlight between 9am and 3pm on 22 December.


Yes Highlight windows and obscure glazing has been provided to first floor windows to ensure there is no overlooking.




Yes The development will not generate any noise above that typically expected from a residential building.




Yes Entries are easily accessible for people with limited mobility. The development could be retrofitted to accommodate people with limited mobility in the future if required.


Yes The entries to both dwellings are easily identifiable from the street.


Yes All habitable windows have direct access to daylight.


Yes Minimum: 25m² secluded, 40m² overall

Proposed SPOS: Dwelling 1 – 54m² secluded

Dwelling 2 – 42m² secluded



Yes Appropriate solar access to the private open space areas is provided.


Yes 6m³ storage is provided to each dwelling.




No Required: 1.2m Proposed: 1.8m




N/A



Yes Clotheslines and storage area are provided. A condition will require water tanks and mailboxes be shown.



4.4 147 ABBOTT STREET, SANDRINGHAM NOTICE OF DECISION TO GRANT A PLANNING PERMIT APPLICATION 2015/711/1 WARD: CENTRAL


1. Purpose and background To report a planning permit application for the construction of a double storey dwelling and a 1.2 metre high semi-transparent fence on a lot with an area of 479 square metres (refer Attachment 1) at 147 Abbott Street, Sandringham (refer Attachment 2).

Applicant: Universal Planning

Date application received: 24 November 2015

Statutory days expired: 12 April 2016


Clause 32.09-5 (Neighbourhood Residential Zone) – Construction of one dwelling on a lot less than 500sqm.


Planning Scheme Amendment C140 has been prepared by Council. Until such time however as Amendment C140 concludes is reviewed by a Panel and is adopted by Council, no weight can be given to it. Case law confirms that proposed amendments to planning schemes are not considered to be ‘seriously entertained’ and applied in the assessment of permit applications until such time as they have progressed beyond a Panel and adopted by Council.



Internal referrals






Public notification

The application was advertised pursuant to Sections 52(1)(a) and (d) of the Planning and Environment Act 1987 and four objections were received. The following concerns were raised:

Overlooking,

Fencing, demolition and impacts of construction on adjoining lots.



Unclear dimensions of garage walls, and

Reduced light to windows.




Issues a Notice of Decision to Grant a Permit under the provisions of the Bayside Planning Scheme in respect of Planning Permit application number 2015/711/1 for the land known and described as 147 Abbott Street, Sandringham, for the construction of a double storey dwelling on a lot less than 500 square metres in accordance with the endorsed plans and subject to the following conditions from the standard conditions:

1. Before the development starts, amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the plans advertised and Council date stamped 19 January 2016 but modified to show:

a) The driveway must be 3 metres wide where it intersects with the footpath and have a 0.6 metre offset from the western property boundary.

b) A 3 metre wide crossover new crossover centred to the driveway must be constructed with a 0.6 metre offset from the western property boundary.

c) Removal of the existing crossover.

d) Visibility splays in accordance with Design Standard 1 of Clause 52.06-8.

e) All garage doors to open outward, with an internal garage dimension of 5.5 metres wide and 6 metres long, and a 4.8 metre wide garage door.

f) Location of all plant and equipment, including hot water services and air conditioners etc. Plant equipment is to be located away from habitable room windows of dwellings and the adjoining properties habitable rooms.

g) A schedule of construction materials, external finishes and colours.

h) A landscaping plan in accordance with Condition 6 of this permit.

i) A Tree Management Plan and Tree Protection Plan in accordance with Condition 9 of this permit.

j) Water sensitive urban design measures in accordance with Condition 15 of this permit.


3. Before the occupation of the site commences or by such later date as is approved in writing by the Responsible Authority, all buildings and works must be carried out and completed to the satisfaction of the Responsible Authority.

4. No plant, equipment, services or architectural features other than those shown on the endorsed plans are permitted above the roof level of the building/s without the written consent of the Responsible Authority.

5. All pipes, fixtures, fittings and vents servicing any building on the site must be concealed in service ducts or otherwise hidden from view to the satisfaction of



the Responsible Authority.

6. Before the development starts, a detailed landscape plan to the satisfaction of the Responsible Authority must be submitted to and be endorsed by the Responsible Authority. The plan must be generally in accordance with the landscape concept plan drawn by Monarch Garden Design, Job No: 15-545, Rev: A, dated 27/10/2015 and be drawn to scale with dimensions and three copies must be provided. The plan must show:

a) The correct front fence details shown on the all plans;

b) A survey, including, botanical names of all existing trees to be retained on the site including Tree Protection Zones calculated in accordance with AS4970-2009;

c) A survey including botanical names, of all existing trees on neighbouring properties where the Tree Protection Zones of such trees calculated in accordance with AS4970-2009 fall partially within the subject site;

d) A planting schedule of all proposed trees and shrubs, including botanical names, common names, pot sizes, sizes at maturity, and quantities of each plant;

e) The inclusion of an indigenous tree capable of reaching 12 metres high and 6 metres wide at maturity within the front setback;

f) Landscaping and/or planting within all areas of the site not covered by buildings or hard surfaces;

g) Details of surface finishes of pathways and driveways



9. Before the development starts, including any related demolition or removal of vegetation, a Tree Management Plan (report) and Tree Protection Plan (drawing), to the satisfaction of the Responsible Authority, must be submitted to and be endorsed by the Responsible Authority. The Tree Management Plan must be specific to the trees shown on the Tree Protection Plan, in accordance with AS4970-2009, prepared by a suitably qualified arborist and provide details of tree protection measures that will be utilised to ensure all trees to be retained remain viable post-construction. Stages of development at which inspections are required to ensure tree protection measures are adhered to must be specified.





11. Before the development starts, including demolition or removal of vegetation, the



name and contact details of the project arborist responsible for implementing the Tree Management Plan must be submitted to the Responsible Authority.

12. Before the development starts tree protection fencing is to be established around the street trees marked for retention prior to demolition and maintained until all works on site are complete. The fencing is to be constructed and secured so its positioning cannot be modified by site workers. The fencing is to encompass the entire nature strip under the drip line of the tree. The Tree Protection Zone is to be established and maintained in accordance with AS 4970-2009. During construction of the crossover, tree protection fencing may be reduced to the edge of the Council approved crossover to facilitate the construction of the crossover.

13. Any pruning that is required to be done to the canopy of any tree to be retained, including the canopy of any trees in neighbouring properties which overhang the subject site, is to be done by a qualified arborist to Australian Standard – Pruning of Amenity Trees AS4373-1996. Any pruning of the root system of any tree to be retained, including the Lophostemon Confertus (Brush Box) street tree is to be done by hand by a qualified arborist.

14. Any installation of services and drainage within a Tree Protection Zone of any tree to be retained must be undertaken using root sensitive non-destructive techniques.









19. The driveway / Parking areas / paved courtyards / paths and 'pervious' pavements must be graded / drained to prevent stormwater discharge onto the front footpath and into adjacent properties.

20. Any subsurface water captured on the site must be treated in accordance with Council's Policy for "Discharge of pumped Subterranean Water Associated with



Basement or Below Ground Structures". Any seepage/agricultural drainage water must be filtered to rain water clarity and must be pumped to the nearest Council Drain/Pit and not be discharged to the kerb and channel unless directed otherwise.

21. All on−site stormwater is to be collected from the hard surface areas and must not be allowed to flow uncontrolled onto adjoining properties. The on-site drainage system must prevent discharge from each driveway onto the footpath. Such a system may include either:

a) A trench grate (150mm minimum internal width) located within the property and/or

b) Shaping the driveway so that water is collected in a grated pit on the property and/or

c) Another Council approved equivalent.





Permit Notes:

A permit must be obtained from Council for all vehicular crossings. These must be constructed under Council's supervision for which 24 hours’ notice is required.


Construction of any fence / wall / letterbox structures may necessitate removal / damage of some sections of footpath. If this is the case, a 'Road Opening Permit' must be obtained to facilitate such work.

A 'Road Opening / Stormwater Tapping Permit' is to be obtained from the Infrastructure Department prior to the commencement of any connection to the Council Drain / kerb / channel.











Clause 16 Housing



Clause 21.04 Environmental and Landscape Values







Clause 54 One Dwelling on a Lot




The site is located within Neighbourhood Character Precinct E3 and the proposal is considered to demonstrate a high level of compliance with the preferred future character statement and precinct guidelines as contained in Attachment 3.

The application proposes a recessed first floor with pitched roof form and a 7.6 metre front setback. It is considered that these provisions including the generous ground floor setbacks and ample room for landscaping, comply with the preferred neighbourhood character of the area. The development offers appropriate levels of visual separation between it and the dwellings on the adjoining properties. This is due to the scale of the built form matching the scale of the dwellings within the streetscape, which is enhanced by the materials used and the openness provided by the open style front fence.



Street Setback (Standard A3)

The application proposes a 7.6 metre front setback in lieu of 8.2 metres as required by Schedule 3 of the Neighbourhood Residential Zone. Given the relatively small building footprint of the dwelling and the benefit of having more space in the rear setback for secluded private open space, the 0.8 metre variation to the front setback is considered acceptable. In addition further along the street there is a pattern in both directions (to the east at 151 (6.4m) and 153 (6m) Abbott Street and to the west at 141 (5.9m), 133 (0.6m) and 126A (2.6m) Abbott Street) for smaller setbacks and built form closer to the street. The proposed 7.6 metre setback will provide enough space for the provision of significant planting within the front setback, achieving the preferred future character for Precinct E3.

Side and Rear Setbacks (Standard A10)

The first floor west setback is proposed to be 3.12 metres in lieu of 3.30 metres. This results in a variation of 0.18 metres. This variation is considered to be minor and given the difference in materials from the ground floor to the first floor and the use of eaves and a pitched roof, the visual impact of the varied setbacks will be reduced. There will



be no impact on the habitable room windows of adjoining lots in relation to overshadowing as a result of the reduced setback.


A double car garage is proposed as part of the development. This meets the car parking provision of Clause 52.06. The application plans were also referred to Council’s Traffic Engineer who requested minor changes to the layout of the proposed crossover. These have been incorporated into a condition which is included in the recommendation.


All existing vegetation onsite is proposed for removal. The removal of the existing vegetation on site is considered appropriate given the trees are small and have a low amenity value. Trees on adjoining properties will be protected by a condition of permit requiring the submission of a tree management plan and tree protection plan. A landscape plan has been submitted as part of the application. This plan was referred to Council’s Arborist who required additional planting to be shown on the plan. A condition will be placed on any issued permit for a tree capable of reaching 12 metres high and 6 metres wide at maturity to be located in the front setback.

The application was referred to Council’s Open Space Arborist for the assessment of the proposed crossover on the existing street tree. Council’s Open Space Arborist commented that the location of the vehicle crossing will not impact any street trees but requested appropriate tree protection methods. These are included in the conditions of the recommendation.



Overlooking

Standard A15 (Overlooking) sets out clear requirements for overlooking within a 9 metre arc from habitable room windows. At ground floor level a 2.2 metre high rear boundary fence with a 0.39 metre lattice screen extension is proposed. This fence and lattice screen act to block the views within the 9 metre overlooking arc.

At first floor level concern was raised concerning the highlight windows on the side elevation. These windows have a sill height of 1.7 metres and thus meet Standard A15. In addition a request was made to have the stairway window of the east elevation screened. As this is not a habitable room window screening is not required. It is considered inappropriate to impose conditions on a permit requiring compliance beyond the scope that is set out in the planning scheme.

Fencing, demolition and impacts of construction of adjoining lots

Boundary fencing and demolition is not a planning consideration. Boundary fencing falls under the Fencing Act 1968 and is considered a civil matter. Similarly construction impacts on adjoining properties are covered by Part 7 of the Building Act 1993. Clause 62.05 of the Bayside Planning Scheme exempts demolition from requiring a planning permit unless specifically required by zone or overlay affecting the line. These objections are not relevant to the assessment of the proposal.

Further objection was raised regarding the possibility of access to the site from the neighbouring lot and the borrowing of utility services. There is nothing to suggest that the construction of a single dwelling with adequate street frontage requires access from any other lots or the borrowing of utilities from the neighbours. These objections are also out of the scope of the planning process and are not considered relevant to the assessment of the proposal.

Unclear dimensions of garage walls



The proposed wall on boundary of the garage complies with the requirements of Standard A11 (Walls on boundary). The height of the wall at its maximum is 3.025 metres with an average of 2.975 metres, compliant with the 3.2 metre maximum allowed by the Standard. The length of the wall is 6.3 metres, which complies with the allowed length of 15.82 metres.

Reduced light to windows

Objections were raised regarding the windows on the adjoining lot to the west. The daylight available to the windows on the adjoining properties complies with the requirements of Standard A12 (Daylight to existing windows). This is due to a setback of greater than 1 metre between the dwelling on the adjoining lot and the proposed new dwelling on the subject site. As such it is considered that the daylight for the windows of dwellings on adjoining lots meets the requirements of the Bayside Planning Scheme.

Support Attachments 1. Development Plans 2. Site and Surrounds Imagery 3. Neighbourhood Character Precinct E3 Assessment 4. Clause 54 (ResCode) Assessment




Legend

Subject site

Objector(s)



View of the front of 147 Abbott Street, Sandringham (subject site)

View of the front of adjoining site to the west 145 Abbott Street, Sandringham



View of the front of adjoining site to the east 149 Abbott Street, Sandringham

View of lot opposite subject site at 128 Abbott Street, Sandringham



View of lot opposite subject site at 7 Codrington Street, Sandringham



ATTACHMENT 3 Neighbourhood Character Policy (Precinct E3)

Preferred Future Character Statement The low lying dwellings with pitched roof forms and articulated front wall surfaces sit within established garden settings. There is a continued frequent presence of Inter-War Californian Bungalow style dwellings that are united through similar building forms, use of materials and front and side setbacks. New buildings will respect, without replicating, this style. The lightness in the streetscapes is maintained by the use of lighter building materials in building facades, particularly in the streets dominated by timber materials. Medium height, open style front fences assist in retaining an open streetscape.

Precinct Guidelines Objectives Design Responses Avoid Comments To encourage the retention of

dwellings that contribute to the

valued character of the Precinct in

the design of development

proposals.

Attempt to retain wherever possible intact and good condition dwellings that contribute to the valued character of the Precinct in designing new development.

Alterations and extensions should retain the front of these dwellings and be appropriate to the building era.

Demolition of dwellings

that contribute to the

valued character of the

Precinct.

It is proposed to demolish the existing dwelling on the site. Abbott Street has a varied composition of dwelling types and styles on the street, with differing roof types and styles. It is considered that this dwelling contributes to the character of the area, whilst it does not form a heritage overlay and therefore demolition is not restricted.

To maintain and enhance the

garden settings of the dwellings.


Lack of landscaping and

substantial vegetation. A landscape plan was submitted with the application. This plan was assessed by Council’s Arborist who advised with the addition of a canopy tree in the front setback capable of reaching 12 metres high and 6 metres wide the landscape plan is acceptable.

To provide space for front gardens. Buildings should be sited to allow space for the planting of trees and shrubs.

Loss of front garden

space. Appropriate setbacks have been provided to enable vegetation within the front setback.



Objectives Design Responses Avoid Comments To maintain the rhythm of spacious

visual separation between

buildings.


Generous ground floor side setbacks have been provided. A small variation has been applied for the west first floor setback. However the setbacks provided offer enough spaciousness to maintain the visual separation of the street.

To minimise the loss of front

garden spaces and the dominance

of car parking structures.

Locate garages and carports behind the line of the dwelling.

Minimise paving in front garden areas including driveways and crossovers.

Car parking structures

that dominate the

façade or view of the

dwelling.

Front setbacks

dominated by

impervious surfaces.

The garage is setback 9.32 metres and 2.28 metres behind the front façade of the dwelling. The crossover is proposed to be the minimum width of 3 metres, with the driveway 3 metres at its intersection with the footpath. It is considered that by locating the garage behind the front façade and by incorporating design features such as a pitched roof, the garage does not dominate the streetscape.

To ensure new development

respects the dominant building

scale and forms within the

streetscape.

Recess upper storey elements from the front façade.

Incorporate pitched roof forms with eaves.

The first floor is recessed from the front façade and pitched roof forms with eaves have been used for the design.

To use lighter looking building

materials and finishes that

complement weatherboard where

it predominates in the streetscape.

Incorporate timber or other non-masonry wall materials where possible.

Heavy materials and

design detailing where

weatherboard

predominates (eg.

Large masonry columns

and piers)

The surrounding area has a strong presences of brick dwelling, with few in the immediate area being weatherboard. The use of a rendered finish is considered appropriate for the site context.

To maintain the openness of the

streetscape.

Provide open style front fences, other than along heavily trafficked roads.

Front fence style should be appropriate to the building era.

High, solid front fencing A 1.2 metre high semi-transparent fence is proposed as part of the application.




Title and Objective Compliance with Standard?

Comments

A1 Neighbourhood Character Design respects existing neighbourhood character or contributes to a preferred neighbourhood character. Development responds to features of the site and surrounding area.

Yes See section 6.1 and Attachment 3.

A2 Integration with the street Integrate the layout of development with the street.

Yes

A3 Street setback Setbacks of buildings from a street respect the existing or preferred neighbourhood character and make efficient use of the site

No Required: 8.2 metres Proposed: 7.6 metres See section 6.2

A4 Building height Building height respects the existing or preferred neighbourhood character.

Yes Maximum: 8 metres Proposed: 7.525 metres

A5 Site coverage Site coverage should respect the existing or preferred neighbourhood character and respond to the features of the site.

Yes Maximum: 50%. Proposed: 38.32%

A6 Permeability Reduce the impact of stormwater run-off on the drainage system and facilitate on-site stormwater infiltration.

Yes Minimum: 20%. Proposed: 61.68%

A7 Energy efficiency Achieve and protect energy efficient dwellings. Ensure the development's orientation and layout reduce fossil fuel energy use and makes appropriate use of daylight and solar energy.

Yes POS is located north of the subject site. Habitable rooms are located towards the rear northern half of the property allowing for better energy efficiency.

A8 Significant trees Development respects the landscape character of the

Yes There are no significant trees located on site.



neighbourhood and retains significant trees on site. A10 Side and rear setbacks Ensure the height and setback of a building from a boundary respects the existing or preferred neighbourhood character and limits the impact on the amenity of existing dwellings.

No See table below and section 6.2.

Ground floor First floor

Required Proposed Required Proposed East (side) 0 or 2m 2.77m 3.30m 3.12m West (side) 0 or 2m 0 and 3.12m 3.30m 3.61m North(rear) 0 or 3m 4.42m 1.31m 4.42m

Non-compliant setbacks are underlined.

A11 Walls on boundaries Ensure the location, length and height of a wall on a boundary respects the existing or preferred neighbourhood character and limits the impact on the amenity of existing dwellings.

Yes The proposed wall on boundary has an average wall height of 2.9 metres from natural ground level and a length of 6.3 metres. This complies with the requirements of the standard.

A12 Daylight to existing windows To allow adequate daylight into existing habitable room windows.

Yes Appropriate setbacks have been provided to ensure new walls opposite existing habitable room windows comply with the requirements of this standard.

A13 North facing windows Allow adequate solar access to existing north-facing habitable room windows.

Yes No impact to existing north facing windows will occur as the proposed dwelling is south of the adjoining property to the rear.

A14 Overshadowing Ensure buildings do not unreasonably overshadow existing secluded private open space.

Yes Overshadowing of the secluded private open space of the adjoining lots will not be affected by the proposal.

A15 Overlooking Limit views into existing secluded private open space and habitable room windows

Yes See section 6.5. Appropriate screening has been provided to prevent overlooking.

A16 Daylight to new windows Allows adequate daylight into new habitable room windows.

Yes Adequate daylight will be provided to new windows proposed as part of the development.



A17 Private open space Provide adequate private open space for the recreation and service needs of residents.

Yes Minimum: 40sqm Proposed: 163.22sqm 20% of the subject site would equal 95.92sqm. The amount of private open space provided exceeds the preferred amount of private open space as requested by the standard. Secluded Private Open Space of 99sqm metres will also be provided.

A18 Solar access to open space Allow solar access into secluded private open space of a new dwelling.

Yes Private open space is located to the rear (north) and sides (east and of the dwelling.

A19 Detailed design Encourage design detail that respects the existing or preferred neighbourhood character.

Yes The design detailing reflects the preferred character of the area as per Neighbourhood Character Precinct E3.

A20 Front fence Encourage front fence design that respects the exiting or preferred neighbourhood character.

Yes The proposed front fence is 1.2 metres high and meets the requirements of this standard.



4.5 30 HOLLOWAY ROAD, SANDRINGHAM NOTICE OF DECISIONTO GRANT A PLANNING PERMIT APPLICATION NO.: 2015/467/1 WARD: SOUTHERN


1. Purpose and background To report a planning permit application for the construction of two double storey dwellings on a lot with an area of 749 square metres (refer Attachment 1) at 30 Holloway Road, Sandringham (refer Attachment 2).

Applicant: Perry Town Planning Pty Ltd

Date application received: 29 July 2015

Statutory days expired: 23 January 2016


Clause 32.09-5 (Neighbourhood Residential Zone) – Construction of two or more dwellings on a lot.


Planning Scheme Amendment C140 has been prepared by Council. Until such time however as Amendment C140 is reviewed by a Panel and adopted by Council, no weight can be given to it. Case law confirms that proposed amendments to planning schemes are not considered to be ‘seriously entertained’ and applied in the assessment of permit applications until such time as they have progressed beyond a Panel and adopted by Council.



Internal referrals


Referral Authority Response





Public notification

The application was advertised pursuant to Sections 52(1)(a) and (d) of the Planning and Environment Act 1987 and six objections were received. The following concerns were raised:




Overshadowing,

Overlooking,

Visual bulk,

Devaluation of properties, and

Overdevelopment.




Issues a Notice of Decision to Grant a Permit under the provisions of the Bayside Planning Scheme in respect of Planning Permit application number 2015/467/1 for the land known and described as 30 Holloway Road, Sandringham, for the construction of two double storey dwellings in accordance with the endorsed plans and subject to the following conditions from the standard conditions:

1. Before the development starts, amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the plans submitted with the application and date stamped 29 July 2015 but modified to show:

a) The west and south boundary to fences to be constructed to a minimum height of 1.8 metres above natural ground level in accordance with Standard B22 of Clause 55 of the Bayside Planning Scheme.

b) All first floor windows to screened in accordance with Standard B22 of Clause 55 of the Bayside Planning Scheme.

c) All pedestrian doors are to be provided outwards from the garages.

d) Both driveways must concreted and must be 3.6 metres wide where they intersect with the footpath.

e) Landscaping plan in accordance with condition 8.


g) A schedule of external construction materials, finishes and colours

h) Water sensitive urban design measures in accordance with condition 7.

i) All plant and equipment to be located away from habitable room windows of the dwellings and the adjoining properties habitable rooms.













8. Before the development starts, a detailed landscape plan to the satisfaction of the Responsible Authority must be submitted to and be endorsed by the Responsible Authority. The plan must show:





e) Two trees capable of reaching minimum dimensions at maturity of 8 meters in height and a minimum canopy width of 6 meters in the Private Open Space of Dwelling 1.

f) One tree in the Green Parade setback of Dwelling 2 capable of reaching minimum dimensions at maturity of 8 meters in height and a minimum canopy width of 6 metres.

9. The Tree Management plan must be prepared by a suitably qualified arborist, reference the Tree Protection Plan and provide details of:



a) Any non-destructive root investigation undertaken in accordance with AS4970-2009 to determine the location and distribution of roots of trees nominated on the Tree Protection Plan.

b) Proposed footings and construction methods for any buildings or structures within the Tree Protection Zone nominated on the Tree Protection Plan.

c) How excavation impacts, including soil level changes, on trees to be retained will be managed.

d) How the canopy of trees nominated on the Tree Protection Plan will be protected.

e) Any other measures required to demonstrate the successful ongoing retention and viability post-construction of any trees nominated on the Tree Protection Plan.

10. Before the development starts the applicant must pay $2,302.89 to the Responsible Authority for the removal and replacement of an existing street tree. This amount has been determined in accordance with Councils current policy for the removal of street tree(s). This amount may be increased by the Responsible Authority if an extension of time to commence work is granted and the amenity value of the street tree has increased. The Responsible Authority, or a contractor or agent engaged by the Responsible Authority, must undertake the removal and replacement of the street tree. Any replacement planting will be at the discretion of the Responsible Authority.








Permit Notes:

A permit must be obtained from Council for all vehicular crossings.



These must be constructed under Council's supervision for which 24 hours’ notice is required.

Council must be notified of the vehicular crossing and reinstatement works.


Prior to commencement of any building works, an Asset protection Application must be taken out. This can be arranged by calling Asset Protection Administrator on 9599 4638.

5. Council Policy

Council Plan 2013-2017








Clause 16 Housing











6. Considerations

In considering this application, regard has been given to the State and Local Planning Policy Frameworks, the provisions of the Bayside Planning Scheme, objections received and the individual merits of the application.

6.1 Neighbourhood character

The site is located within Neighbourhood Character Precinct G1 and the proposal is considered to demonstrate a high level of compliance with the preferred future character statement and precinct guidelines as contained in Attachment 3.

The proposal provides for a contemporary architectural form which has been designed to sit within spacious surrounds achieved by generous setbacks and a low overall building height which ensure that the built form will present recessively to the landscaping



elements. The detached dwellings are centrally located to the site which is consistent with the preferred pattern of development. The choice of varying materials, sloping roof form and fenestration minimises the visual impact of the dwellings to the streetscape and adjoining properties. A low front fence will ensure an excellent connection between the public street and the private residential areas, ensuring an openness to the streetscape

6.2 Compliance with Clause 55 (ResCode)


Side and Rear setbacks (Standard B17)

The proposal complies with the side and rear setback requirements described under the Schedule 3 to the Neighbourhood Residential Zone, with the exception of the south (rear) setback.

A ground floor south (rear) setback of 2 metres is proposed in lieu of the required 3 metres, whilst a first floor rear setback of 5.18 metres is proposed in lieu of 5.78 metres. The non-compliant setbacks run adjacent to a driveway and a carport belonging to 1 Green Parade. It is considered that the rear setbacks provide for a sufficient level of separation which accords with the existing neighbourhood character and will not cause any adverse off site impacts in terms of overlooking, overshadowing or visual bulk. The setbacks enable efficient use of the site.

Overlooking (Standard B22)

The plans do not show the height of the boundary fences between the site and adjoining properties and therefore there is the potential for overlooking. A condition has been included in the recommendation which requires the plans demonstrate that west and south boundary fences are at least 1.8 metres above natural ground level.

Furthermore, the habitable room windows at first floor level are not screened in accordance with Standard B22 and therefore there is the further potential for overlooking to adjoining properties and within the development itself. Conditions have been imposed in the recommendation that these windows are appropriately treated to minimise overlooking.

6.3 Car parking and traffic

The proposed development accommodates double car garages with access via Holloway Road. The proposal complies with the car parking requirements under Clause 52.06 of the Bayside Planning Scheme, with two spaces provided for each dwelling.

Council’s Traffic Engineer has viewed the proposal and has advised that the proposal will not cause an undue burden on the existing road network.

6.4 Vegetation & Landscaping

The proposal seeks to retain a Norfolk Island Hibiscus also known as a Lagunaria patersonia tree located in proximity to the northern boundary and facing Holloway Road.

Council’s Arborist has attended the site and has advised that the land does not contain any significant vegetation due to the size and type of vegetation currently located at the site.

Council’s Arborist has identified two significant trees located on the adjoining property at 1/28 Holloway Road, however, has advised that the proposed development will not have an impact on those trees. In order to ensure the development does not impact the health of the trees, a condition has been included requiring a tree management plan that details how those trees will be safeguarded during the construction process, should a permit be issued.

Council’s Open Space Arborist advises that the existing street tree on Green Parade



(Eucalyptus leucoxylon/Yellow Gum) meets the criteria for removal under Council’s Street and Park Tree Management Policy 2012 and can be removed under the conditions of Objective 5 of this Policy (Removing trees affected by development). Council’s Street Tree Arborist has recommended the inclusion of a condition requiring that the applicant pay the cost to remove the Yellow Gum and provide replanting for two street trees.

6.5 Objections received


Overshadowing

The shadow diagrams submitted with the application have been checked and are deemed to be accurate. The proposal demonstrates that the shadow caused by the two dwellings falls largely on the site itself or is within the shadow of existing boundary fences. The proposal ensures the adjoining properties secluded private open space receives the required sunlight in accordance with Standard B21.

Devaluation of properties

Property values are not a valid planning consideration.

Overdevelopment

The number of dwellings per se does not constitute overdevelopment of a site, rather it is the ability of the built form to relate to its surrounds and comply with the objectives of ResCode. In this instance, it is considered that the proposal is appropriate from a neighbourhood character perspective and demonstrates a high level of compliance with Clause 55 and accordingly, does not constitute overdevelopment of the site.

Support Attachments 1. Development plans 2. Site and Surrounds Imagery 3. Neighbourhood Character Precinct G1 Assessment 4. ResCode (Clause 55) Assessment




Legend

Subject site

Objector(s)



View towards the subject site

View of the eastern boundary of the subject site



ATTACHMENT 3 Neighbourhood Character Policy (Precinct G1)

Preferred Future Character Statement

The well-articulated dwellings sit within landscaped gardens, some with established trees. New buildings are frequent and are designed to respond to the site, and include a pitched roof form to reflect the dominant forms in the area. Buildings are occasionally built to the side boundary, however the overall impression of the streetscape is of buildings within garden settings due to the regular front setbacks, well vegetated front yards and additional street tree planting in the area.

Precinct Guidelines Objectives Design Responses Avoid Comments

To maintain and enhance the

garden settings of the

dwellings.

Prepare a landscape plan to accompany all

applications for new dwellings that includes

substantial trees and vegetation.

Retain large, established trees and provide for

the planting of new trees wherever possible.

Buildings should be sited to allow space for the

planting of trees and shrubs.



Planting of environmental weeds.

The development has been sited in such a manner that will allow the planting of vegetation which will assist in strengthening the valued garden characteristics of the area.

To maintain the rhythm of

spacing between buildings.

Buildings should be sited to create the

appearance of space between buildings and

accommodate substantial vegetation.

The dwellings will not disrupt the prevailing streetscape rhythm as the dwellings are detached and appropriately setback reflecting the built form pattern in the streetscape.

To ensure that new buildings

provide an articulated and

interesting façade to the street.

Incorporate design elements into the front façade

design of new dwellings such as recessed

portions, projecting elements behind the front

setback line, combinations of materials, textures

or colours or other elements providing

appropriate articulation.

Large, bulky buildings with poorly articulated front and side wall surfaces.

The proposal utilises materials found in the streetscape and is a modernist interpretation of the traditional suburban dwelling which has a sloping roof and a detached form with setbacks within which to plant trees and shrubs. A prominent front porch provides and fenestration



Objectives Design Responses Avoid Comments Use pitched roof forms with eaves. detailing provides for visual articulation and

interest. To maintain the openness of

the streetscape.

High, solid front fencing.

A 1.2 metre high front fence is proposed which will demarcate the privately owned land from the public realm. The proposal accords with Schedule 3 of the Neighbourhood Residential Zone.




Title and Objective Complies with

Standard?


B1 Neighbourhood Character Design respects existing neighbourhood character or contributes to a preferred neighbourhood character. Development responds to features of the site and surrounding area.

Yes See Section 6.1 and Attachment 3.

B2 Residential Policy Residential development is consistent with housing policies in the SPPF, LPPF including the MSS and local planning policies. Support medium densities in areas to take advantage of public transport and community infrastructure and services.

Yes The site is appropriately located with regard to services and facilities to support a two dwelling development.


N/A

B4 Infrastructure Provides appropriate utility services and infrastructure without overloading the capacity.



Yes The proposed development has been appropriately oriented to integrate with the streetscape.


Yes Required to Holloway Street: 7.6 metres Proposed to Holloway Street: 7.6 metres Required to Green Parade: 3 metres Proposed to Green Parade: 3 metres


Yes Required: 8 metres Proposed: 7.38 metres


Yes Required: 50% maximum Proposed: 44%


Yes Required: 20% minimum Proposed: 32%



B10 Energy Efficiency Achieve and protect energy efficient dwellings and residential buildings. Ensure orientation and layout reduces fossil fuel energy use and makes appropriate use of daylight and solar energy.

Yes The proposed development has been designed in a manner that will allow appropriate use of solar energy without detriment to adjoining allotments.


N/A


Yes The proposed entrances to the dwellings will be suitably distinguished when viewing the development from the streetscape while all landscaping within the front setback has been suitably positioned to ensure that no unsafe spaces are created.

B13 Landscaping To provide appropriate landscaping. To encourage: Development that respects the

landscape character of the neighbourhood.



Yes See Section 6.4.

B14 Access Ensure the safe, manageable and convenient vehicle access to and from the development. Ensure the number and design of vehicle crossovers respects neighbourhood character.

Yes

B15 Parking Location Provide resident and visitor vehicles with convenient parking. Avoid parking and traffic difficulties in the development and the neighbourhood. Protect residents from vehicular noise within developments.

Yes All car park facilities are conveniently located.


No See Section 6.2 and table below. Areas of non-compliance are underlined.

Ground Floor First Floor Required Proposed Required Proposed

South (rear) 0m or 3.0m 2m – 3.34m 4.56m - 5.78m 5.18m West (side) 0m or 2.0m 3m 3.56m - 3.74m 4.2m




Yes There are no walls which are proposed along any boundary.


Yes The proposed development will allow adequate daylight into existing habitable room window/s as required by this standard.


Yes


Yes See Section 6.5. Addressed by condition.


No See Section 6.2. Addressed by condition.


No See Section 6.2 under Overlooking.


Yes It is anticipated that the level of noise which will be emitted from the dwellings will not exceed levels normally expected from other dwellings.


Yes The dwellings include no step access to the front door of each dwelling.


Yes The dwellings have easily identifiable entries.


Yes


Yes Required: 40 square meters per dwelling Proposed: Dwelling 1 65 square meters Dwelling 2 134 square meters


Yes The primary secluded open space for each of the dwellings is located on the north and eastern side of the building. These areas are open to the north with no abutting walls. The private open space areas will enjoy direct solar access in accordance with the standard.


Yes Storage is proposed to be provided in the garage of each of the dwellings.




Yes The proposal achieves a double storey form that sits appropriately within the landscape. The built form of the dwellings is appropriately setback away from the Green parade frontage and similarly the Holloway Road frontage, achieving considerable separation at the ground floor and the first floor levels. The proposal complies with the standard.


Yes A 1.2 metre high brick fence is proposed. The fence will be lower in height in most areas due to the natural slope in the land.

B33 Common Property Ensure car parking, access areas and other communal open space is practical, attractive and easily maintained. Avoid future management difficulties in common ownership areas.

N/A

B34 Site Services Ensure site services and facilities can be installed and easily maintained and are accessible, adequate and attractive. Avoid future management difficulties in common ownership areas.

Yes The overall design of the proposal allows for effective positioning of all site services and as such, the proposal is deemed to comply with the standard.



4.6 16 CODRINGTON STREET, SANDRINGHAM NOTICE OF DECISION TO GRANT A PERMIT APPLICATION NO: 2015/466/1 WARD: CENTRAL


1. Purpose and background To report a planning permit application for the construction of two double storey dwellings on a lot with an area of 591 square metres (refer Attachment 1) at 16 Codrington Street, Sandringham (refer Attachment 2).

Applicant Taylors Development Strategists Pty Ltd

Date application received 29 July 2015

Statutory days expired 8 January 2016







Internal referrals






Public notification

The application was advertised pursuant to Sections 52(1)(a) and (d) of the Planning and Environment Act 1987 and five objections were received. The following concerns were raised:


Overdevelopment,



Overlooking,

Traffic and parking,

Fencing,

Removal of street tree,

Overshadowing,

Visual bulk of solar panels and water tanks on roof,

Construction impacts,

Noise, and

Property values.


A consultation meeting was held on 3 February 2016 attended by the permit applicant and all objectors. As a result of this meeting no objections were withdrawn.


Issues a Notice of Decision to Grant a Permit under the provisions of the Bayside Planning Scheme in respect of Planning Permit application number 2015/466/1 for the land known and described as 16 Codrington Street, Sandringham, for the construction of two double storey dwellings in accordance with the endorsed plans and subject to the following conditions from the standard conditions:

1. Before the development starts, amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the advertised plans by prepared by FRD, Job No 15-077, Drawing Nos TP-01 to TP-09 (inclusive) and Council date stamped 4 November 215, but modified to show:

a) A schedule of construction materials, external finishes and colours (incorporating for example paint samples).

b) Pedestrian access paths for each dwelling to be identified on the plan. These must be constructed at grade level so as to not impact on opportunities for planting canopy trees as required by Condition 11.

c) The front setback increased to a minimum of 9 metres in accordance with Standard B6 (Street Setback) as varied by Schedule 3 of the Neighbourhood Residential Zone.

d) The side setback to the laundry and walk-in-robe of dwelling 1 increased to comply with Schedule B17 (Side and rear setbacks) as varied by Schedule 3 of the Neighbourhood Residential Zone.

e) The rear first floor setbacks to the ensuites associated with the master bedrooms of dwellings 1 and 2 increased to comply with Schedule B17 (Side and rear setbacks) as varied by Schedule 3 of the Neighbourhood Residential Zone.

f) All first floor habitable room windows be screened in accordance with Condition 7, Standard B22 (Overlooking) and Standard B23 (Internal Views).



g) The decking area to the rear of dwelling 1 and 2 reduced in size to facilitate the planting of a canopy tree in each rear garden in accordance with Condition 11.

h) The fence defining the front boundary between dwelling 1 and 2 reduced to a maximum height of 1.2 metres.

i) Boundary fencing along the southern, western and northern boundaries nominated as being a minimum height of 1.8m.

j) The driveway to dwelling 2 to have a minimum width of 3 metres and offset 0.8 metres from the northern property boundary.

k) The crossover to Dwelling 2 to have a minimum width of 3 metres and offset 0.8 metres from the northern property boundary.

l) Water sensitive urban design measures in accordance with Condition 8 of this permit.

m) A landscape plan in accordance with Condition 11 of this permit.






7. Before occupation, screening of windows including fixed privacy screens be designed to limit overlooking as required by Standard B22 and be installed and maintained to the satisfaction of the Responsible Authority thereafter for the life of the building.






9. The water sensitive urban design stormwater treatment system as shown on the endorsed plans must be retained and maintained at all times in accordance with



the Urban Stormwater - Best Practice Environmental Management Guidelines, CSIRO 1999, to the satisfaction of the Responsible Authority.


11. Before the development starts, a landscape plan to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. The plan must be in accordance the landscape plan submitted with the application (prepared by Zenith Concepts, date October 2015, Rev A, with the following amendments:

a) The decking area to the rear of Dwelling 1 and 2 reduced in size to facilitate the planting of a canopy tree in the rear garden of each dwelling. The tree must be capable of reaching a mature height of 8 metres and canopy width of 4 metres.

b) A canopy tree to be planted in the front setback of both Dwellings 1 and 2. The tree must be capable of reaching a mature height of 8 metres and canopy width of 4 metres.

c) Pedestrian access paths located and constructed so as to not impact on opportunities for planting canopy trees.



14. Before development commences (including demolition) the applicant must pay $3,410.40 to the Responsible Authority for the removal and replacement of the existing street tree. This amount has been determined in accordance with Council’s current policy for the removal of street trees. This amount may be increased by the Responsible Authority if an extension of time to commence work is granted and the amenity value of the street tree has increased. The Responsible Authority, or contractor or agent engaged by the Responsible Authority, must undertake the removal and replacement of the street tree. Any replacement planting will be at the discretion of the Responsible Authority.









Permit Notes:











Clause 16 Housing













The site is located within Neighbourhood Character Precinct E3 and the proposal is considered to demonstrate a high level of compliance with the preferred future character statement and precinct guidelines as contained in Attachment 3.

The proposal is sufficiently setback from the street and adjoining properties to ensure adequate visual separation and landscaping opportunities exist throughout the site. Car



parking structures are set behind the dwelling entries to ensure these facilities do not dominate the street. Articulation to the upper floor will reduce the visual impact of the building when viewed from the street. Further, the roof form and mix of materials and finishes will ensure that the building’s presentation is complementary to the existing residential properties within the street and the surrounding area.



Standard B6 (Front Setback)

The proposal has a staggered front setback varying from 8.16 metres to 9.66 metres. The NRZ3 variation to Standard B6 requires a setback of 9 metres, the proposal therefore partly complies. It is recommended that a condition be added to increase the front setback to comply. Increasing the front setbacks will assist in maintaining the street rhythm and improve opportunities for landscaping in accordance with the recommendations of Council’s Arborist which will soften the appearance of the development. It is noted the increased setback is considered to be a minor change to the development and will not unreasonably impact the generous internal floor areas.


The proposal has non-compliant side setbacks at both ground and first floor level. The proposed design has been sited away from the more sensitive north-facing habitable room windows associated with 18 Codrington Street and the massing of the built form has been generally located to the northern boundary so as to provide a site responsive design.

At ground floor level, to the north, the dining room of dwelling 2 is setback 1 metre in lieu of 2 metres. While the lounge and ensuite setback 1.6 metres in lieu of 2 metres. These areas of non-compliance of 1 metre and 0.4 metres are located opposite a wall on the boundary of 126A Abbott Street and opposite a service area associated with 14 Codrington Street and will not result in amenity detriment to these properties.

At ground floor level, to the south, side setbacks to the walk in robe and laundry of dwelling 1 are proposed at 1 metre in lieu of 2 metres. This non-compliant wall extends for a width of 3.8 metres and is located opposite north-facing habitable room windows. Although the setbacks are compliant with Standard B20 (North-facing windows), the reduced setbacks are to non-habitable rooms and facilitate a laundry and walk-in-robe. It is considered these facilities can be easily accommodated elsewhere within the internal layout. There is no overarching reason to justify this area of non-compliance and it is further noted the preferred neighbourhood character seeks to maintain visual separation between buildings to accommodate substantial vegetation, increasing the setback to comply will ensure this objective is achieved.

At first floor level, the south side setback to bedroom 2 of dwelling 1 is proposed at 3.48 metres in lieu of 3.55 metres. This minor variation of 0.07 metres extends for 7 metres in width and assists in providing articulation to the south façade to reduce the perception of visual bulk to the adjoining property.

To the north first floor boundary, the setbacks to the wall of bedroom 2 and the sitting room is proposed at 2.72 metres in lieu of 3.44 metres. This 0.72 metre non-compliance is considered acceptable as it is located opposite non-sensitive interfaces of both adjoining properties at 16 Codrington Street and 126A Abbott Street which are used as service areas for adjoining properties i.e. where clotheslines are positioned. The walls of the adjoining properties either have no windows or feature highlight windows and as such will not be impacted.

It noted that the areas of private open space for both the adjoining properties to the north are located away from the northern interface and the elevation is articulated with a



change in roof profile to a pitched form to provide visual relief to the adjoining neighbours. The remainder of the first floor, north side setback, to bedroom 3 and the bathroom is proposed at 3.22 metres in lieu of 3.44 metres. This 0.22 metre non-compliance is considered minor and will not detrimental impact on the visual separation and street rhythm. The master bedroom and ensuite are setback 3.22 metres in lieu of 3.71 metres. A 0.49 metre variance is considered appropriate as it will not result in an unreasonable amenity impacts to adjoining properties as they abut service areas.

It is further noted that properties to the north have first floor setbacks of approximately 2 metres and as such the proposed setbacks are considered to be reflective of the existing character.

The rear first floor setbacks are proposed at 4.44 metres and 4.51 metres in lieu of 4.68 metres. Non-compliances of between 0.17 metres and 0.24 metres are considered minor but given the generous floor areas of these dwellings it is considered these setbacks should be increased to provide full compliance. These changes will not impact on the internal floor layouts and a condition requiring compliance is included as a recommended condition.

Standard B22 (Overlooking)

First floor highlight windows to both dwelling 1 and 2 have been nominated with a minimum sill height of 1.51 metres. Standard B22 (Overlooking) requires a minimum sill height of 1.7 metres and as such a condition requiring compliance with this Standard is included as a recommended condition.

The rear (western) and side (southern) boundary fence are nominated to a height of 1.65 metres. These fences do not comply with the minimum height requirements of Standard B22 to minimise opportunities for overlooking to a minimum height of 1.8 metres above finished floor level habitable rooms. A condition has been added recommending these fences be increased to comply with this Standard. The side (northern) boundary fence is nominated to a height of 1.67 metres with a 0.5 metre high trellis above. The applicant has not demonstrated the transparency of the trellis achieves the objectives of Standard B22 and minimises overlooking. A condition has been added requiring the fence to demonstrate compliance with this standard.

Standard B26 (Dwelling Entry)

The entrance for dwelling 1 is located to the southern side. This design is common in narrow sites with developments of this layout. Whilst this location is not preferred, the use of landscaping and a pergola like structure will provide a sense of address and make the entrance identifiable from the street. In order to assist with ease of identification it is recommended a condition is added requiring pedestrian access paths to be provided from the street frontage.


The number, size and location of parking spaces and location of parking spaces, accessways and crossovers complies with the Bayside Planning Scheme. Council’s Traffic Engineer has reviewed the submitted information and has no objection to the proposal, subject to conditions.

The proposed development will not result in an unreasonable level of vehicular movements within the surrounding road networks and no concerns have been raised by Council’s Traffic Engineer in this regard.


There is no significant vegetation on site and the landscape plan provided has demonstrated that there is sufficient space for suitable replacement planting to occur. It is recommended that a condition be included requiring an amended landscape plan requiring the planting of canopy trees within the front and rear setbacks of each dwelling



that have the capacity to reach a mature height of 8 metres and canopy width of 4 metres, or greater. This condition will require the reduction in the size of the decking area to the rear of both dwellings.

To facilitate the inclusion of a new crossover to dwelling 1, to the south of the front boundary, Council’s Open Space Arborist has agreed to the removal of a Bottlebrush street tree, subject to conditions.



Overdevelopment

The proposed development of two double storey dwellings on a lot is not prohibited on this site and is consistent with the purpose of the Neighbourhood Residential Zone, in particular the development respects the neighbourhood character and is generally consistent with the Standards of Clause 55.

Overshadowing

The shadow plans submitted with the application demonstrate that the level of overshadowing complies with that allowed under Standard B21 of Clause 55 of the Bayside Planning Scheme.

Visual bulk of solar panels and water tanks on roof

Concerns were raised that facilities such as water tanks and solar panels have been annotated on the elevations but their presentation has not been accurately displayed. A condition requiring these features to be accurately depicted and located so as to minimise amenity impacts has been included in the recommendation at Condition 4.

Construction impacts

Issues associated with construction such as noise are an inevitable short term impact of any development and are primarily controlled through the building regulations and the Environmental Protection Agency (EPA).

Property values.

Property devaluation is not a legitimate planning consideration.

Support Attachments 1. Development Plans 2. Site and Surrounds Imagery 3. Neighbourhood Character Precinct E3 Assessment 4. Clause 55 (ResCode) Assessment




Legend

Subject site

Objector(s)



View looking west to the subject site

View looking north-west to the adjoining property at 14 Codrington Street (foreground) and 126A Abbott Street (background).



View looking north-west to the adjoining property at 14 Codrington Street (foreground) and 126A Abbott Street (background).



ATTACHMENT 3 Neighbourhood Character Policy (Precinct E3)


The low lying dwellings with pitched roof forms and articulated front wall surfaces sit within established garden settings. There is a continued frequent presence of California Bungalow style dwellings, however, new buildings respect, without replicating, this style. The lightness in the streetscapes is maintained by the use of lighter building materials in building facades, particularly in the streets dominated by timber materials. Medium height, open style front fences assist in retaining an open streetscape.

Precinct Guidelines

Objective Design Response Avoid Comments

To encourage the retention

of dwellings that contribute

to the valued character of

the Precinct in the design

of development proposals.

Attempt to retain wherever possible intact

and good condition dwellings that

contribute to the valued character of the

Precinct in designing new development.

Alterations and extensions should retain

the front of these dwellings and be

appropriate to the building era.

Demolition of dwellings that

contribute to the valued

character of the Precinct.

The dwelling is not a heritage dwelling and although it contributes to the character of the precinct, being a California Bungalow no controls are in place to require a permit for demolition.

To maintain and enhance

the garden settings of the

dwellings.

Prepare a landscape plan to accompany

all applications for new dwellings that

includes substantial trees and shrubs.

Lack of landscaping and

substantial vegetation.

The applicant has provided a landscape plan that demonstrates sufficient levels of landscaping can be provided in the front and rear setbacks, subject to conditions requiring the decking area within the rear setbacks to be reduced.




To provide space for front

gardens.

Buildings should be sited to allow space

for the planting of trees and shrubs.

Loss of front garden space. The applicant has provided a landscape plan that demonstrates sufficient levels of landscaping can be provided in the front and rear setbacks. Council’s Arborist has stated that they do not support the tree selections within the front setback, More substantial trees are recommend therefore a permit conditions has been imposed.


spacious visual separation

between buildings.


appearance of space between buildings

and accommodate substantial vegetation.

The proposed side setbacks of 2 metres are reflective of the neighbouring properties and ensure the rhythm of spacious visual separation between buildings is maintained.

To minimise the loss of

front garden spaces and

the dominance of car

parking structures.

Locate garages and carports behind the

line of the dwelling.

Minimise paving in front garden areas

including driveways and crossovers.

Car parking structures that

dominate the façade or view of

the dwelling.

Front setbacks dominated by

impervious surfaces.

Single width garages will ensure that the hard surfaces are minimised and that sufficient space for front gardens respect the rhythm of garden settings

To ensure new

development respects the

dominant building scale

and forms within the

streetscape.

Recess upper storey elements from the

front façade.

Incorporate pitched roof forms with eaves.

The scale and articulation of the dwellings will ensure the dwellings will sit comfortably in the low scale built form of the neighbourhood.

To use lighter looking

building materials and

finishes that complement

weatherboard where it

predominates in the

streetscape.

Incorporate timber or other non-masonry

wall materials where possible.

Heavy materials and design

detailing where weatherboard

predominates (eg. Large

masonry columns and piers)

The use of pitched roofs and timber cladding to the front façade, albeit to the garages, the dwellings will be of a scale and mass that compliments the rhythm of dwellings and the streetscape of Codrington Street.

To maintain the openness

of the streetscape.

Provide open style front fences, other than

along heavily trafficked roads.

High, solid front fencing No front fence is proposed the openness of the streetscape and garden settings of the area will be maintained. A 1.8 metre high fence is




Front fence style should be appropriate to

the building era.

proposed to define the boundary between both dwellings. It is recommended this be reduced to a maximum height of 1.2 metres to assist to maintaining the openness of the streetscape.












Yes The subject site is appropriately located with regard to services and facilities to support two dwellings.


N/A

B4 Infrastructure




Yes


No Refer Section 6.2 of report. Addressed by Condition 1(c).


Proposed: 8.16 metres to 9.19 metres


Yes Maximum: 8 metres


B8 Site Coverage Yes Maximum: 50%

Proposed: 49.91%



Site coverage should respect the existing or preferred neighbourhood character and respond to the features of the site.


Yes Minimum: 20%

Proposed: 41.43%



Yes The proposal provides appropriate solar access to the dwellings.


N/A




To encourage:




Yes See Section 6.4 of the report.











No

See table below and Section 6.2 of report.

Addressed by Condition 1 (d).

Ground floor First Floor

Requirement Proposed Requirement Proposed

North (side) 0 or 2m 0, 1m, 1.6m and 2.72m

3.44m, 3.49m to 3.71m

2.72m and 3.22m

South (side) 0 or 2m 1m, 2.46m and 3.06m

3.37m, 3.55m and 3.68m

3.48m, and 3.98m

West (rear) 0 or 3m 4.41m and 4.81m

4.68m 4.44m and 4.51m

Areas of non-compliance are underlined.


Yes The garage wall associated with dwelling 2 complies with the length and height requirements of this Standard.


Yes All walls are offset in accordance with this Standard to provide adequate daylight into existing habitable room windows.


Yes All walls have been set back in accordance with the requirements of this Standard.

The wall associated with the laundry and walk-in-robe associated with dwelling 1 stands to an average height if 3.39 and is required to be setback a minimum distance of 1 metres from the common boundary. The wall is compliant with this standard.


Yes See Section 6.5 of report.


No See Section 6.2 of report.

Addressed by Condition 1(i) and (f).


Yes There are no internal view concerns.

Addressed via Conditions 1(f) and (i).




Yes The development will not generate any noise above that typically expected from a residential building.


Yes Entries are easily accessible for people with limited mobility. The development could be retrofitted to accommodate people with limited mobility in the future if required.


Yes See Section 6.2 of report.

Addressed via Condition 1(b).





Proposed SPOS:

Dwelling 1 – 56.54m² secluded and 20.76m² within the front setback

Dwelling 2 – 37m² secluded and 33m² within the front setback




Yes Required: 6m³ Proposed: 6m³




Yes Required: 1.2m Proposed: None



N/A





Yes A condition has been included to request clotheslines and water tanks be shown.



4.7 411A BLUFF ROAD, HAMPTON NOTICE OF DECISION TO GRANT A PLANNING PERMIT APPLICATION 2015/606/1 WARD: CENTRAL


1. Purpose and background To report a planning permit application for ground and first floor additions to an existing dwelling, including an above ground swimming pool (20m in length by 1.5m in width) with an associated carport on a lot with an area of 356 square metres (refer Attachment 1) at 411A Bluff Road, Hampton (refer Attachment 2).

Applicant: Seamus Walsh Design

Date application received: 15 September 2015

Statutory days expired: 10 February 2016


Clause 32.09-4 (Neighbourhood Residential Zone) – Construction and extension of one dwelling on a lot.

Clause 44.05 (Special Building Overlay) – Buildings and works.




The application was referred to the following authorities:

Referral Authority Response

Melbourne Water No objection, subject to conditions

Public Transport Victoria No objection, subject to conditions

VicRoads No objection

Internal referrals


Internal Referral Response Arborist No objection, subject to conditions

Public notification

The application was advertised pursuant to Sections 52(1)(a) and (d) of the Planning and Environment Act 1987 and three objections were received. The following concerns were raised:



Overshadowing,

Pool and pool equipment,

Visual bulk,

Overlooking,

Noise from living room,

Loss of views,

Material – No details of roofing,

No details of location of air conditioning units,

Special Building Overlay, and

Non-compliant setbacks.




Issues a Notice of Decision to Grant a Permit under the provisions of the Bayside Planning Scheme in respect of Planning Permit application number 2015/606/1 for the land known and described as 411A Bluff Road, Hampton, for the alterations and additions to an existing dwelling on a lot less than 500 square metres in accordance with the endorsed plans and subject to the following conditions from the standard conditions:

1. Before the development starts, amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the advertised plans Council date stamped 7 December 2015 but modified to show:

a) The carport provided with a flat roof and which is open on all sides.

b) A maximum carport height of 3 metres and width of 5.5 metres.

c) The carport to be offset 900mm from the southern side boundary.

d) The driveway aligned with the carport.

e) Landscaping provided between the southern property boundary and the driveway and carport.

f) Notation of the height and materials of boundary fencing to a minimum height of 1.8 metres.

g) Location of all plant and equipment, including hot water services and air conditioners.

h) A schedule of construction materials, external finishes and colours in accordance with Condition 5.

i) Water sensitive urban design measures in accordance with Condition 6.

j) Measures required by Melbourne Water in accordance with Conditions 8 and 9.

2. The development as shown on the endorsed plans must not be altered without



the prior written consent of the Responsible Authority.

3. No plant, equipment, services or architectural features other than those shown on the endorsed plans are permitted above the roof level of the building/s without the written consent of the Responsible Authority



6. Before the commencement of works, detailed plans to the satisfaction of the Responsible Authority must be submitted to and be approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be in accordance with the guidelines outlined in Clause 22.08 of the Bayside Planning Scheme and must show:-

a) The type of water sensitive urban design stormwater treatment measures to be used;

b) The location of the water sensitive urban design stormwater treatment measures in relation to buildings, sealed surfaces and landscaping areas;

c) Design details of the water sensitive urban design stormwater treatment measures, including cross sections;

These plans must be accompanied by a report from an industry accepted performance measurement tool, which details the treatment performance achieved and demonstrates the level of compliance with the Urban Stormwater Best Practice Environmental Management Guidelines, CSIRO 1999. The water sensitive urban design stormwater treatment system as shown on the endorsed plan must be retained and maintained at all times in accordance with the Urban Stormwater - Best Practice Environmental Management Guidelines, CSIRO 1999, to the satisfaction of the Responsible Authority.

7. All protection measures identified in the Arborist report prepared by ‘Constructive Arboriculture’ and dated November 2015 must be implemented, and works undertaken on the land must be undertaken in accordance with the Arborist Report to the satisfaction of the Responsible Authority.

Melbourne Water Conditions (Nos. 8 – 9) 8. Front boundary fence / gate to Bluff Road must be 50% open style design.

9. Pollution and sediment laden runoff shall not be discharged directly or indirectly into Melbourne Water’s drains or waterways.

Public Transport Victoria Conditions (Nos. 10 – 11) 10. The existing bus stop and associated infrastructure on Bluff Road must not be

altered without the prior consent of Public Transport Victoria. Any alterations including temporary works or damage during construction must be rectified to the satisfaction of Public Transport Victoria and at the cost of the permit holder.

11. The permit holder must take all reasonable steps to ensure that disruption to bus operation along Bluff Road is kept to a minimum during the construction of the



development. Foreseen disruptions to bus operations and mitigation measures must be communicated to Public Transport Victoria fourteen days (14) prior.


a) The development is not started within two years of the issued date of this permit.

b) The development is not completed within four years of the issued date of this permit.

In accordance with Section 69 of the Planning and Environment Act 1987, an application may be submitted to the Responsible Authority for an extension of the periods referred to in this condition.








Clause 16 Housing







Clause 44.05 Special Building Overlay

Clause 52.29 Land Adjacent to a Road Zone (Category 1)

Clause 54 One Dwelling on a Lot



6.1 Neighbourhood character


The location of the carport at the front of the site is considered to be acceptable if modified to allow a minimum 900mm setback to the southern property boundary. This will soften the visual impact of the carport when viewed from the front yard and east



(front) facing habitable room windows of the adjoining dwelling to the south. The inclusion of landscaping within this setback will further help soften this interface. Accordingly, recommended conditions have been included requiring a 900mm setback from the southern boundary, landscaping to be provided as well as general reductions to the carports size in order to minimise its visual impact when viewed from the street and neighbouring properties. Other examples of such carports (i.e. 411 and 413 Bluff Road) are evident within the streetscape and the high fence fronting onto Bluff Road are considered to sufficiently obscure views of the carport from the street.

The first floor addition includes flat roofing and tiled cladding at first floor level. Other materials proposed for the addition include timber cladding and metal roofing over the walkway and it is considered that these materials will provide sufficient visual interest to all elevations.

6.2 Compliance with Clause 54 (ResCode)


Street Setback (Standard A3)

The carport is proposed to be setback 6 metres from the front boundary (to match the adjoining carport to the north at 413 Bluff Road) in lieu of the 7.4 metres required. This reduced setback is considered to be acceptable as the applicant has agreed to reduce the scale of the carport by reducing its height, width and length and setting it back 900mm from the southern property boundary. This will present as a much ‘lighter’ structure within the Bluff Road streetscape and will also be partially obscured behind existing high solid front fences to the north and south of the site as well as the proposed 2m high front gate. These requirements have been added as recommended permit conditions.

Side and Rear Setbacks (Standard A10)

The ground floor walkway is proposed to be setback 1.5 metres from the north boundary. This structure is facing the side elevation of No. 413 Bluff Road that is setback 2.62m from the common boundary. It is not considered the location and setback of the walkway will result in significant amenity impacts to the north.

The first floor addition will not adversely impact upon the adjoining neighbour to the south as it is located 10.12m from the southern property boundary.

The first floor east elevation rumpus room is proposed to be setback 3.03 metres from the east boundary in lieu of 3.44 metres. This wall is facing the rear yard of No. 411 Bluff Road. It is considered the use of fixed obscure glazing and tiled walls will provide sufficient visual interest facing the adjoining rear yard. The development complies with Standard A14 (Overshadowing) of the Planning Scheme and therefore no unreasonable overshadowing impacts to adjoining properties will result.

The first floor west elevation bedroom / en-suite of the addition is required to be setback 4.44m from the west (rear) boundary, however the proposed setback to this side of 3.42m is considered to be acceptable as there will be no offsite amenity impacts in regards to overlooking or overshadowing, and any visual bulk when viewed from the west is minimised by the reduced upper storey wall length and its abuttal to the large (280 square metre) area of private open space to the rear of the dwelling at 41 Thorburn Street.

Overlooking (Standard A15)

The plans do not show the height of existing fencing to ascertain whether it will provide adequate screening of ground floor windows. It is therefore recommended that fencing heights be shown on the plans that are a minimum of 1.8 metres in height. This will be required as a condition in this recommendation.

6.3 Car parking and traffic



The provision of two cars in the front setback is acceptable and consistent with the existing conditions that include two uncovered car spaces that reverse onto Bluff Road. VicRoads were referred and have no objection or condition requirements in regards to the widening of the vehicle access within a Road Zone, Category 1 (Bluff Road).

Public Transport Victoria (PTV) were also referred given the proximity of the widened access to a bus shelter. PTV also have no objection to the proposal subject to conditions included within the recommendation.

Council’s Traffic Engineer was not referred the application as there is no permit trigger for consideration under Clause 52.06 of the Planning Scheme (Car Parking) for additions to a single dwelling on a lot.

6.4 Vegetation and landscaping

The site is sparsely covered with small to medium trees of native and exotic provenance. There are no planned tree removals and the proposed construction will not impact upon the trees located on adjacent sites due to their size and proximity to the works. The recommendations for tree protection included in the supplied arborists report are included as conditions of permit.

The applicant has also submitted a landscape plan that includes the planting of two Melaleucas in the eastern setback adjacent to the rear yard of No. 411 Bluff Road. Council’s Arborist has reviewed the plan and has no objections to the proposed planting. As identified previously additional landscaping will be required between the proposed carport and southern boundary.

6.5 Objections received Issues raised by objectors that have not been addressed in the assessment above, are discussed below.

Overshadowing

The shadow diagrams submitted have been checked and found to be correct. Taking into account the orientation of the site and the siting and height of the dwellings, the level of shadow cast by the development between the hours of 9am-3pm on the equinox complies with the provisions of Standard A14 (Overshadowing Open Space) of the Bayside Planning Scheme with shadows largely falling within the site boundaries.

Pool and pool equipment

The submitted plans indicate the construction of an elevated lap pool abutting the north boundary. The objector’s dwelling is setback 1.39m from the common boundary and includes one habitable room window in the south elevation facing the subject site.

It is acknowledged there will be some noise associated with the use of the pool and equipment related to the pool. Noise from pumps etc. must comply with relevant EPA guidelines.

Noise from living room

Concerns has been raised regarding the potential noise generated from the dwelling addition after occupancy. The consideration of this planning application is confined only to the construction of the dwelling additions, the residential use of the dwelling does not require a planning permit and is not a planning matter. Residential noise associated with a dwelling is considered normal and reasonable in an urban setting.

Loss of views

Whilst it is recognised that views may form part of residential amenity, there is no specific controls within the Bayside Planning Scheme that protects residents’ rights to a view. It is not considered the extent of views lost or the significance of the view would warrant refusal or modification of the application



No details of location of air conditioning units

A condition in the recommendation requires services to be shown to minimise noise impacts to adjoining properties.

Special Building Overlay

Conditions will be included on any permit issued that respond to the minimum flood levels specified by Melbourne Water.

Materials – No details of roofing

A full materials and colours schedule will be required as a condition of approval to ensure consistency with the character of the neighbourhood.

Support Attachments 1. Development Plans 2. Site and Surrounds Imagery 3. Neighbourhood Character Precinct G1 Assessment 4. Clause 54 (ResCode) Assessment




Legend

Subject site

Objector(s)



The front of the site viewed from the west

View down the vehicle access of the site from the west




Preferred Future Character Statement The well-articulated dwellings sit within landscaped gardens, some with established trees. New buildings are frequent and are designed to respond to the site, and include a pitched roof form to reflect the dominant forms in the area. Buildings are occasionally built to the side boundary, however the overall impression of the streetscape is of buildings within garden settings due to the regular front setbacks, well vegetated front yards and additional street tree planting in the area.

Precinct Guidelines Objectives Design Responses Avoid Planning Officer Assessment To maintain and enhance the


dwellings.











The applicant has submitted a landscape plan that includes planting of low level grasses either side of the driveway in front of the carport. The plans also indicate the planting of River Tea tree and Cushion Bush in the garden bed adjacent to the ground floor living room addition. No significant trees are to be removed to accommodate the addition






A recommended condition has been added requiring the carport to be positioned 900mm from the southern driveway boundary. This will create an acceptable appearance of space between the car port and the adjoining building to the south, when viewed from the street



Objectives Design Responses Avoid Planning Officer Assessment To ensure that new buildings



Incorporate design elements into the front

façade design of new dwellings such as

recessed portions, projecting elements behind

the front setback line, combinations of materials,

textures or colours or other elements providing


Use pitched roof forms with eaves.


The first floor addition includes a flat roof with tile cladding. Pitched roof forms have not been utilised however given the addition will not be visible from Bluff Road, the use of a flat roof is considered to be acceptable in this instance. Maximum overall height of 6.05m The carport is also proposed to have a flat roof form, however this is considered to be acceptable as the views from Bluff Road are largely restricted behind the compliant 2m high front fence and therefore the impact on the streetscape will be minimal.

To maintain the openness of

the streetscape.


Whilst 2 metre high fencing is proposed, the location of the site adjoining a Road Zone Category 1 allows for high fencing up to 2m in height without the requirement for a planning permit. In any case Melbourne Water has required a minimum of 50% permeability to the front fence (to allow for overland water flows) and this will allow views into the front of the site.





Comments

A1 Neighbourhood Character Design respects existing neighbourhood character or contributes to a preferred neighbourhood character.


Yes Refer Attachment 3

A2 Integration with Street Integrate the layout of development with the street.

Yes The modified carport structure will fit comfortably with the streetscape.

A3 Street Setback Setbacks of buildings from a street respect the existing or preferred neighbourhood character and make efficient use of the site

No Minimum: 7.4

Proposed: 6m

See Section 6.2 of report

A4 Building Height Building height respects the existing or preferred neighbourhood character.

Yes Required: 8m

Proposed: 6.05m

A5 Site Coverage Site coverage should respect the existing or preferred neighbourhood character and respond to the features of the site.

Yes Maximum: 50%

Proposed: 45.06

A6 Permeability Reduce the impact of stormwater run-off on the drainage system and facilitate on-site stormwater infiltration.

Yes Minimum: 20%

Proposed: 25.6%

A7 Energy Efficiency Achieve and protect energy efficient dwellings.

Yes The proposal provides appropriate solar access to the dwelling.



Ensure the development's orientation and layout reduce fossil fuel energy use and makes appropriate use of daylight and solar energy.

A8 Significant Trees Development respects the landscape character of the neighbourhood and retains significant trees on site.

N/A There are no significant trees on the site

A10 Side and Rear Setbacks Ensure the height and setback of a building from a boundary respects the existing or preferred neighbourhood character and limits the impact on the amenity of existing dwellings.

No Refer Section 6.2 and table below. Areas of non-compliance are underlined.


East (side) 0m or 2m 2.8m 3.44m 3.03m

North (side) 0m or 2m 1.5m - Walkway 3.44m 4.33m

West (rear) 0m or 3m 7m 4.44m 3.42m

A11 Walls on Boundaries Ensure the location, length and height of a wall on a boundary respects the existing or preferred neighbourhood character and limits the impact on the amenity of existing dwellings.

Yes North boundary

Length = 39.62m

Requirement = 16.6m

Proposal = 6.18m

South boundary

Length = 19.99m

Requirement length = 12.4m

Proposal = 6.18m

It is noted that the reduction in scale to the garage / carport will further reduce the height to 3m and setback the garage from the southern boundary.

A12 Daylight to existing windows

Yes The proposal is well setback from property boundaries to ensure daylight to existing windows is maintained.



To allow adequate daylight into existing habitable room windows.

A13 North Facing Windows Allow adequate solar access to existing north-facing habitable room windows.

N/A

A14 Overshadowing Open Space Ensure buildings do not unreasonably overshadow existing secluded private open space.

Yes Shadow diagrams submitted with the application demonstrate that at least 75%/40m² of adjoining dwellings secluded private open space receives at least five hours of sunlight between 9am and 3pm on 22 December. Refer Section 6.6 of the report.

A15 Overlooking Limit views into existing secluded private open space and habitable room windows

No No details of boundary fencing shown on the plans to screen ground floor overlooking. This requirement has been added as a recommended condition of approval.

A16 Daylight to New Windows Allows adequate daylight into new habitable room windows.


A17 Private Open Space Provide adequate private open space for the recreation and service needs of residents.


Proposed:

A18 Solar Access to Open Space Allow solar access into secluded private open space of a new dwelling.


A19 Design Detail Encourage design detail that respects the existing or preferred neighbourhood character.


A20 Front Fences Encourage front fence design that respects the exiting or preferred neighbourhood character.

Yes Required: 2m Proposed: 1.8m



4.8 28 CHARLES STREET, BRIGHTON EAST NOTICE OF DECISION TO GRANT A PERMIT APPLICATION 2015/610/1 WARD: NORTHERN


1. Purpose and background To report a planning permit application for the construction of two double storey dwellings on a lot with an area of 622 square metres (refer Attachment 1) at 28 Charles Street, Brighton East (refer Attachment 2).

Applicant: Protek Design

Date Application Received: 11 December 2015

Statutory Days Expiry 9 February 2016







Internal referrals


Internal Referral Response Drainage Engineer No objection, subject to conditions



Public notification

The application was advertised pursuant to Sections 52(1)(a) and (d) of the Planning and Environment Act 1987 and three objections were received. The following concerns were raised:

Traffic congestion,

Overlooking,

Noise,



Loss of daylight to habitable rooms/overshadowing,

Compliance with the objectives of the zoning of the land,

Neighbourhood Character, and

Removal of screen planting.


A consultation meeting was scheduled but the objectors were unable to attend.


Issues a Notice of Decision to Grant a Permit under the provisions of the Bayside Planning Scheme in respect of Planning Permit application number 2015/610/1 for the land known and described as 28 Charles Street, Brighton East for the construction of two double storey dwellings in accordance with the endorsed plans and subject to the following standard conditions from the standard conditions:

1. Before the development starts, amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the application plans dated 7 December 2015 but modified to show:

a) Dwelling 2, bedroom 2 window facing east to be treated in accordance with Standard B22 of ResCode.

b) A notation that any front fence is to not exceed 0.9m in height.

c) A notation on plan that there is to be no excavation with 2.9m of the street tree.

d) A notation that lattice extension to a height of 0.6m is to be added to the rear boundary fence.

e) Ground floor and first floor plans showing the title boundaries, internal layouts and setbacks to all boundaries.

f) Addition of a secondary material to the side and rear elevations at first floor to improve the visual appearance.

g) The bay tree, as shown on the plan submitted to Council on 28 April 2016, nominated as to be removed.

h) A landscaping plan in accordance with Condition 10 of this permit.

i) A tree management plan and tree protection plan in accordance with Condition 14 of this permit.

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 Bayside Planning Scheme specifies that a permit is not required) without the prior written consent of the Responsible Authority








8. Before the occupation of the development starts, the areas set aside for vehicle parking and accessways must be constructed, drained and line marked to the satisfaction of the Responsible Authority. Such areas must be kept available for these purposes at all times.


10. Before the development starts, a detailed landscape plan to the satisfaction of the Responsible Authority must be submitted to and be endorsed by the Responsible Authority. The plan must be drawn to scale with dimensions and three copies must be provided. The plan must show:






f) A minimum of one canopy tree at the rear of each dwelling to reach a minimum height of 8.0m.

g) A minimum of two canopy trees in the front setback to reach minimum heights of 8.0m.


12. The landscaping shown on the endorsed plans must be maintained to the satisfaction of the Responsible Authority, including that any dead, diseased or



damaged plants are to be replaced.


14. Before the development starts, including any related demolition or removal of vegetation, a Tree Management Plan (report) and Tree Protection Plan (drawing), to the satisfaction of the Responsible Authority, must be submitted to and be endorsed by the Responsible Authority.

The Tree Management Plan must be specific to the trees shown on the Tree Protection Plan, in accordance with AS4970-2009, prepared by a suitably qualified arborist and provide details of tree protection measures that will be utilised to ensure all trees to be retained remain viable post-construction. Stages of development at which inspections are required to ensure tree protection measures are adhered to must be specified.




15. Any pruning that is required to be done to the canopy of any tree to be retained is to be done by a qualified arborist to Australian Standard – Pruning of Amenity Trees AS4373-1996. Any pruning of the root system of any tree to be retained is to be done by hand by a qualified arborist.

16. Before the development starts tree protection fencing is to be established around the street trees marked for retention prior to demolition and maintained until all works on site are complete. The fencing is to be constructed and secured so its positioning cannot be modified by site workers. The fencing is to encompass the entire naturestrip under the drip line of the tree. The Tree Protection Zone is to be established and maintained in accordance with AS 4970-2009. During construction of the crossover, tree protection fencing may be reduced to the edge of the Council approved crossover to facilitate the construction of the crossover.









Permit Notes:












Clause 16 Housing













The site is located within Neighbourhood Character Precinct D1 and the proposal is considered to demonstrate a high level of compliance with the preferred future character statement and precinct guidelines as contained in Attachment 3.

The propose dwellings are well sited to maintain sufficient side setbacks and respect the spaciousness of the area. This siting, accompanied by the pitched roofs and landscaping



opportunities will result in a development that is responsive to the existing and preferred character objectives. To improve the visual appearance it is recommended a condition be included requiring a secondary material be applied to all side and rear first floor elevations.


An assessment against the requirements of Clause 55 is provided at Attachment 4. Those non-compliant standards are discussed below


The only area of non-compliance are the first floor side setbacks which seek a variation of 0.15m to 0.25m. This level of non-compliance is considered minor and will not cause detriment on the amenity of neighbouring dwellings or character of the area and therefore warrants support because the setbacks are not opposite secluded private open space areas.

Standard B22 (Overlooking)

The first floor east facing window of bedroom 2 of dwelling 2 has not been screened. There is overlooking potential from this window to the habitable room windows to the east. It is recommended a condition be included requiring this window comply with the Standard B22.

It is noted that the neighbour at 7 Lubrano Street (to the south) and the applicant have agreed to a 0.6m lattice extension on the southern boundary fence. This will be included as a condition on any permit to be issued.

Standard B32 (Front fence)

The plans do not show a front fence other than a notation that there may be a 1.2m high fence. Considering the fencing in the area and the character objective to maintain the openness of the streetscape and to ensure sight lines are provided in accordance with Clause 52.06-8, it is recommended a condition be included requiring any front fence to be no higher than 0.9m.


The number of parking spaces, size of garages, tandem parking spaces and location of crossovers comply with Clause 52.06 of the Bayside Planning Scheme. The new crossover will still allow for one car to park on the street between the two crossovers. The increase in traffic is not unreasonable in low density residential area as the number of dwellings is increasing from one to two and this increase is in keeping with the strategic direction of the NRZ.


Council’s Arborist has commented that the three trees in the south-west corner and the tree in the front of dwelling 1 are all suitable for removal given they are of poor health and small size and on the basis that suitable replacement planting will occur.

Tree protection management is included as a condition to ensure the protection of neighbouring trees and those at the rear of the site.

It is important to note that the neighbour at 7 Lubrano Street (to the south) withdrew their objection based on the removal of the Bay tree at the rear. The applicant has provided a plan showing the location of the tree and notating that the tree is damaging the pipe in the easement. Council’s Arborist does not oppose the removal of this tree and there is sufficient space for replanting, removal of this tree can be supported. It is recommended a condition be included addressing this.

No street trees are to be removed from the nature strip and Council’s Open Space Arborist has advised that the street tree will survive construction of the crossover subject



to a condition requiring no excavation to occur within 2.9m of the trees stem.



Noise

The layout of the development including rooftop plant is considered to be common with residential developments of this style and will not cause any noise disturbances for neighbouring dwellings.

Loss of daylight to habitable rooms/overshadowing

The proposal demonstrates compliance with Standard B19 of the Bayside Planning Scheme. Whilst there will be some overshadowing, the level of solar access these habitable rooms will receive is satisfactory. The overshadowing complies with Standard B21 of Clause 55 and will not impact SPOS of adjoining lots.

Compliance with the objectives of the zoning of the land

The proposed development complies with the purposes of the zone including to limit residential growth, in this case being a maximum of two dwellings.

Support Attachments 1. Development Plans 2. Site and Surrounds Imagery 3. Neighbourhood Character Precinct D1 Assessment 4. Clause 55 (ResCode) Assessment 5. Concept plan with Bay Tree shown




Legend

Subject Site

Objector



28 Charles Street Brighton East



ATTACHMENT 3 Neighbourhood Character Policy (Precinct D1)


The dwellings sit within established gardens that contain substantial vegetation including trees. The area retains some dwellings from the Inter war era, along with new complementary development. The spaciousness of the area is maintained by setting buildings back from both side boundaries and keeping front fences low and appropriate to the era of the dwelling. The strong horizontality of the existing dwellings is respected by recessing upper levels of new dwellings, incorporating low pitched roof forms and articulating the front facades.

Precinct Guidelines

Objective Design Response Avoid Comments To maintain and enhance the garden settings of the dwellings.


Retain existing large trees wherever possible.


Lack of landscaping and substantial vegetation

Loss of front garden space.

The proposal includes single garages and in turn single accessways therefore there is suitable space for planting of canopy trees in the front setback as well as additional shrubs along the western boundary. These planting opportunities are considered to maintain and enhance the garden settings of the dwellings.

To maintain a spacious visual separation between buildings.


The siting of dwelling 1 off the boundary, the substantial rear setbacks at ground and first floor to the rear and the near compliant first floor side setbacks ensures the building sits comfortably within the site and that the visual separation between buildings will be maintained.



Objective Design Response Avoid Comments To minimise the loss of front garden spaces and the dominance of car parking structures.

Locate garages and carports behind the line of the dwelling.

Minimise paving in front garden areas including driveways and crossovers.

Car parking structures that dominate the façade or view of the dwelling.

Front setbacks dominated by impervious surfaces.

The proposal includes single garages with a side setback of 2.0m and a study nook for dwelling 2 to break up the façade. This design is common on narrower lots and as discussed above considering there are single accessways, there are sufficient landscaping opportunities available to minimise any perceived dominance.

To ensure that buildings respect the low scale, horizontal forms of the area.

Recess two storey elements from the front façade.

Incorporate low pitched roof forms with eaves.

The dwellings includes varying materials to the front façade with a recessed first floor and pitched roof form with eaves.

To ensure that new dwellings present an interesting façade to the streetscape.

Incorporate design elements into the front façade design of new dwellings such as recessed portions, projecting elements behind the front setback line, combinations of materials, textures or colours or other elements providing appropriate articulation.


The porches and varying window forms at first floor will break up the façade and provide an interesting façade to the street. A colour and material schedule has been required as a condition of permit.

To respect the identified heritage qualities of adjoining buildings.

Where adjoining an identified heritage building, respect the height, building forms, siting and materials, in the new building design.

Buildings that dominate heritage buildings by height, siting or building massing.

Period reproduction detailing.

The site does not adjoin any heritage buildings.

To reflect the building materials in locations where there is particular consistency.

Where consistent brick colours are used in the streetscape, use similar toning in the colours of new buildings.

Brightly coloured external building materials in areas of consistent brick materials.

The dwellings includes varying materials including brick, render and a mix of colorbond, timber and concrete roof tiles. This modern



Objective Design Response Avoid Comments Use simple building details without

replication of older styles. appearance is considered to respond to the dwelling materials used in Brighton East.

To maintain the openness of the streetscape.

Front fence style should be open and appropriate to the building era.

High front fencing. A condition on permit has been included to keep the fence to no higher than 0.9m. This will preserve the openness of the streetscape and ensure that sight lines are not obstructed for reversing vehicles.












Yes The subject site is appropriately located with regard to services and facilities to support one extra dwelling, total of two dwellings.


N/A

B4 Infrastructure




Yes The building appropriately address the street.


Yes Required: 9.0 metres


The porches encroaching into the setback comply with the standard.


Yes Required: 8.0 metres



Yes Maximum: <50%

Proposed: 46.43%




Yes Minimum: >20%

Proposed: 42.48%



Yes Due to the orientation of the site, as commonly seen with side by side proposals, the main living areas will not receive northern solar access but this unavoidable.


N/A




To encourage:




Yes See section 6.4 of the report.



Yes Appropriate vehicular access is provided.




Yes The proposed car parking areas are appropriately located and convenient for future residents.

B17 Side and Rear Setbacks Ensure the height and setback respects the existing or preferred neighbourhood

No Refer section 6.2 of the report



character and limits the amenity impacts on existing dwellings.

Ground Floor First Floor

Required Proposed Required Proposed

East (side) 0m or 2m 0m and 2.0m 3.40m – 3.50m 3.25m

West (side) 0m or 2m 2.0m 3.40m – 3.50m 3.25m

South (rear) 0m or 3m DW1: 7.20m

DW2: 7.84m

4.5m DW1: 8.8m

DW2: 10.2m


Yes Dwelling 2 has its garage on the eastern boundary. The height does not exceed 3.6m and the average wall height does not exceed 3.2m and therefore complies.


Yes Setbacks are sufficient to allow for daylight into neighbouring existing habitable room windows.


Yes There are no north facing habitable rooms within close proximity.


Yes The overshadowing diagrams demonstrate that neighbouring sites will receive sufficient solar access to their secluded private open space areas.


No See section 6.2. Addressed by conditions.


Yes There are no windows facing SPOS areas of dwelling 1 or 2.


Yes The layout of the development and the rooftop plant is considered to be common with residential developments of this style.


Yes Entries are easily accessible for people with limited mobility.


Yes The proposal includes porches forward of the entrance to assist in identifying the dwellings and provide a transition and sense of address.




Yes All habitable room windows will have access to adequate levels of daylight.


Yes Minimum: 25m² secluded and 40m² overall

Proposed SPOS:

Dwelling 1 – 98.16m²

Dwelling 2 – 93.85m²


Yes The required setback is 7.58m and the proposal provides setbacks of 8.8m and 10.2m.


Yes The plans show each dwelling with a rear storage area of 6m³.




Yes Required: 1.2m Proposed: 1.2m

A condition has been included to address this.



N/A



Yes Mailboxes, clotheslines, water tanks and storage areas are all shown.



4.9 116 AND 120 MARTIN STREET, BRIGHTON SECONDARY CONSENT - APPROVE APPLICATION NO: 2013/296/2 WARD: NORTHERN


1. Purpose and background

To report a secondary consent application to allow internal changes to the basement including the size and location of residential storage cages, addition of extra storage cages for the office tenancies, alterations to services areas, external alterations to the south facing windows of dwellings 111 and 211 and addition of perforated mesh material to the bulkhead over the basement entry and on the front façade of the building on a lot with an area of 1,603 square metres (refer Attachment 1) at 116 and 120 Martin Street, Brighton (refer Attachment 2).

Planning Permit 2013/296/1 was issued at the direction of the Victorian Civil and Administrative Tribunal (VCAT) on 21 March 2014 for the construction of buildings and works associated with a mixed use building, reduction of the standard car parking requirement and waiver of the loading bay requirement (refer Attachment 3).

Applicant: Double Yellow Dot Pty Ltd C/- Urbis

Date application received: 15 March 2016

Statutory days expired: 15 April 2016



Clause 32.09-5 (Commercial 1 Zone) – Buildings and works.

Clause 52.06-5 (Car Parking) – Reduction in the standard car parking requirement.

Clause 52.07 (Loading and Unloading of Vehicles) – Wavier of the loading bay requirement.

3. Stakeholder Consultation

Referrals

There were no external referrals required to be made in accordance with Clause 66 of the Bayside Planning Scheme and no internal referrals required to be made to other Council departments for comment.

Public notification

Applications made in accordance with the provisions of Secondary Consent are not subject to the notice requirements of Sections 52(1)(a), (b) and (d) of the Planning and Environment Act 1987.


Approve the Amended Plans in accordance with the Secondary Consent provisions of Planning Permit Number 2013/296/2 issued for the construction of buildings and works associated with a mixed use building, reduction of the standard car parking requirement and waiver of the loading bay requirement and the following



table be added at the end of the permit.

Date Amendments

10 May 2016 Secondary Consent Amended Plans

Increase the thickness of the retaining walls to all boundaries of both basements;

Alterations to the size and location of residential storage cages at both basement levels to maintain a minimum of 6 cubic metre per cage;

Additions of storage cages for office tenancies at lower basement level;

Relocation of the fan room beneath the access ramp and addition of a break tank room at the upper basement level;

Alterations to the locations of the refuse and hard waste room and addition of a cleaner’s cupboard at upper basement level;

Relocation of the south facing bedroom window of Dwelling 111 1.5 metres west from its approved location;

Reduction in the width of the south facing bedroom window of Dwelling 211 from 2.0 metres to 1.25 metres;

Addition of a perforated mesh (charcoal colour) material to be used in the bulkhead over the basement entry and on the ground floor of the front façade.








Clause 16 Housing

Clause 17 Economic Development

Clause 18 Transport

Clause 19 Infrastructure




Clause 21.07 Economic Development

Clause 21.09 Transport and Access

Clause 21.10 Infrastructure



Clause 21.11 Local Areas


Clause 34.01 Commercial 1 Zone


Clause 52.07 Loading and Unloading of Vehicles

Clause 52.34 Bicycle Facilities

Clause 55 Two or More Dwellings on a Lot


6. Considerations The Victorian Civil and Administrative Tribunal have set out, on a number of occasions, the principles, or tests, of Secondary Consent (e.g. Westpoint Corporation P/L v Moreland CC [2005]). The tests include the following:

6.1 The proposed amendment does not result in a transformation of the proposal.

The amendments are mainly located within the basement levels and are not visible to adjoining properties. There are no changes to the number of car spaces to be provided. The alterations to the storage cages still maintain a minimum of 6 cubic metres and the numbers of stage cages have increased to 55 to include storage cages for the office tenancies.

Alterations to first and second south facing habitable room windows are either a minor relocation of a window or a reduction in the width of window. These windows do not overlook adjoining properties given they still have obscure glass to a height of 1.7 metres above the floor level.

The addition of perforated mesh screen (charcoal) to be used in the bulkhead over the driveway basement entry and ground floor front façade are cosmetic and not visible from the adjoining residential zoned land to the south. These changes do not result in a transformation of the proposal.

6.2 The proposed amendment does not authorise something for which primary consent is required under the planning scheme.

The original primary consent was for the construction of a five storey mixed use building with basement car parking, reduction of the standard car parking requirements and wavier of the loading bay requirement.

It is considered that the request for secondary consent does not authorise something for which primary consent is required given this previous approval.

6.3 The proposed amendment is of no consequence having regard to the purpose of a planning control under which the permit was granted.

The purpose of the planning controls under which the permit was granted aim to ensure that new buildings do not impact adversely upon the character or general amenity of an area.

The proposed amendments do not alter the building envelope or height. They are considered to be minor in nature and will not cause adverse off-site effects including to amenity and streetscape character.

6.4 The proposed amendment is not contrary to a specific requirement (or condition of the permit) as distinct from an authorisation within the permit, which itself cannot be altered by consent.



It is considered that the proposed amendments to the endorsed plans will not contravene any specific requirement or any condition of the permit.

Support Attachments 1. Development Plans 2. Site and Surrounds Imagery 3. Endorsed Plans



4.10 20 MORLEY CRESCENT, HIGHETT NOTICE OF DECISION TO GRANT A PERMIT APPLICATION 2015/724/1 WARD: CENTRAL


1. Purpose and background To report a planning permit application for the construction of two double storey dwellings on a lot with an area of 720 square metres (refer Attachment 1) at 20 Morley Crescent, Highett (refer Attachment 2).

Applicant: CJ & R Reynolds C/- Urbis Pty/Ltd

Date application received: 24 November 2015

Statutory days expired: 12 March 2016







Internal referrals







Public notification

The application was advertised pursuant to Sections 52(1)(a) and (d) of the Planning and Environment Act 1987 and four objections were received. The following concerns were raised:




Overlooking,

Overshadowing,

Visual bulk, and

Traffic and car parking.


A consultation meeting was held on 24 February 2016, attended by the permit applicant and two objectors. No consensus was reached and no objections have been withdrawn.


Issues a Notice of Decision to Grant a Permit under the provisions of the Bayside Planning Scheme in respect of Planning Permit application number 2015/724/1 for the land known and described as 20 Morley Crescent, Highett, for the construction of two double storey dwellings in accordance with the endorsed plans and subject to the following conditions from the standard conditions:

1. Before the development starts, amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the application plans dated April 2015 but modified to show:

a) The front setback to comply with Standard B6 (street setback) of Clause 55.03-1 of the Bayside Planning Scheme.

b) Side setbacks to the north and the south to comply with Standard B17 (Side and Rear Setbacks) of Clause 55.04-1.

c) Walls on or within 200mm of the northern boundary to be amended to show average wall heights of 3.2m.

d) The west and south boundary to fences to be constructed to a minimum height of 1.8 metres above natural ground level in accordance with Standard B22 of Clause 55 of the Bayside Planning Scheme.

e) All first floor obscure glass windows to shown as being fixed glass in accordance with Standard B22 of Clause 55 of the Bayside Planning Scheme.


g) A colour schedule of construction external materials, finishes and colours.

h) The driveway for dwelling 1 must be 3 metres wide with a 1 metre offset away from the northern property boundary.

i) The driveway for dwelling 2 must be 3 metres wide with a 1 metre offset away from the southern property boundary.

j) Water sensitive urban design measures in accordance with Condition 6 of this permit.

k) Landscaping plan in accordance with Condition 9 of this permit.



l) A tree management plan and tree protection plan in accordance with Condition 13 of this permit.

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










8. Before the occupation of the development starts, new or altered vehicle crossing(s) servicing the development must be constructed to the satisfaction of the Responsible Authority and any existing disused or redundant crossing or crossing opening must be removed and replaced with footpath/nature strip/ kerb and channel, to the satisfaction of the Responsible Authority.

9. Before the development starts, a landscape plan to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. The plan must be generally in accordance to the landscape plan submitted with the application but amended to show:

a) Planting of one canopy tree which has the capacity to reach a height of ten metres and a canopy width of six metres at maturity within the front setback of each dwelling.

b) Planting of one canopy tree which has the capacity to reach a height of eight metres and a canopy width of four metres at maturity within the rear private open space of each dwelling.






13. Before the development starts, including any related demolition or removal of vegetation, a Tree Management Plan (report) and Tree Protection Plan (drawing), to the satisfaction of the Responsible Authority, must be submitted to and be endorsed by the Responsible Authority.

The Tree Management Plan must be specific to the trees shown on the Tree Protection Plan, in accordance with AS4970-2009, prepared by a suitably qualified arborist and provide details of tree protection measures that will be utilised to ensure all trees to be retained remain viable post-construction. Stages of development at which inspections are required to ensure tree protection measures are adhered to must be specified.





15. Before the development commences, the owner must pay $3,990.55 to the Responsible Authority for the removal and replacement of the Yellow Gum (Eucalyptus leucoxylon) street tree. This amount has been determined in accordance with Councils current policy for the removal of street tree(s). This amount may be increased by the Responsible Authority if an extension of time to commence work is granted and the amenity value of the street tree has increased. The Responsible Authority, or a contractor or agent engaged by the Responsible Authority, must undertake the removal and replacement of the street tree. Any replacement planting will be at the discretion of the Responsible Authority.









Permit Notes:












Clause 16 Housing
















The proposed development is a low scale dual occupancy development with recessed upper floor levels which appropriately respond to the sensitive interfaces located to the north and the south of the site. Further, the proposal generally provides for ample opportunity within which to plant meaningful landscaping, including trees which will ensure that the valued garden characteristics are maintained.

The proposed development has appropriately responded to the existing and preferred neighbourhood character by providing a conservative two storey development and setback from the side boundaries to mitigate off-site impacts.



Street setback (Standard B6)

The front setback for dwelling 1 of 6.9 metres and dwelling 2 of 7.4 metres does not comply with the requirements described under Schedule 3 to the Neighbourhood Residential Zone which requires a front setback of 7.6 metres.

The preferred future character located at Clause 22.06, specifies that front gardens are a valued characteristic of the area and notably makes mention the importance of ensuring that new developments are consistent with the street and provide for areas within which meaningful landscaping can be incorporated. Although the noncompliance is minimal (ranging from 200mm to 700mm), the front setback is nonetheless considered to be an important determinant in providing for an adequate setback within which to locate a garden and reducing the visual bulk associated with the side by side double storey built form. As such, a condition has been included requiring compliance with Schedule 3 to the Neighbourhood Residential Zone.

Side and rear setbacks (Standard B17)

The side setbacks proposed along the north and the south boundaries at 3.1 – 3.6 metres in lieu of 3.62 metres, which is non-compliant with the requirements specified under the Schedule 3 to the Neighbourhood Residential Zone.

Compliance can be readily achieved by minimising the extent of the Walk-In-Robe and will assist in reducing the perceived visual bulk of the contemporaneously styled dwellings. A condition to this effect has been included in the recommendation.

Overlooking (Standard B22)

The plans show the height of the boundary fences between the site and adjoining properties at 1.6 – 1.7 metres, therefore there is the potential for overlooking. A condition has been included in the recommendation which requires the plans demonstrate that the north, south and west boundary fences are at least 1.8 metres above natural ground level.

Furthermore, the habitable room windows at first floor level are either provided with obscure glass or have a sill height of 1.7 metres above finished floor level. The notation for the obscure glass does not state that these windows are fixed and therefore there is the further potential for overlooking to adjoining properties and within the development itself. Conditions have been imposed in the recommendation that these windows are appropriately treated to minimise overlooking.




The number of parking spaces, size of parking spaces and location of parking spaces, access ways and crossovers complies with the Bayside Planning Scheme. Council’s Traffic Engineer has reviewed the submitted information and has no objection to the proposal, subject to conditions which are included in the recommendation.


There is no significant vegetation on the site. The landscape plan indicates that there is sufficient space for suitable replacement planting to occur to enhance the landscape character of the neighbourhood. Council’s Arborist supports the landscape plan subject to the inclusion of additional canopy tree plantings. This has been included as a condition of permit.

In addition, Council’s Arborist has specified that the proposed development is unlikely to have any negative impacts on the vegetation located on adjacent land.

Council’s Open Space Arborist advises that the existing street tree on Morley Crescent (Eucalyptus leucoxylon/Yellow Gum) meets the criteria for removal under Council’s Street and Park Tree Management Policy 2012 and can be removed under the conditions of Objective 5 of this Policy (Removing trees affected by development). Council’s Street Tree Arborist has recommended the inclusion of a condition requiring that the applicant pay the cost to remove the Yellow Gum and provide replanting.



Overshadowing

The shadow plans submitted with the application demonstrate that the only overshadowing of adjoining properties will be to the south at 9am. Whilst some overshadowing of the habitable windows at 2/22 Morley Crescent will occur at this time, this will only be for a short period. The level of overshadowing complies with that permitted under Standard B21 of Clause 55 of the Bayside Planning Scheme.

Support Attachments 1. Development Plans 2. Site and Surrounds Imagery 3. Neighbourhood Character Precinct G1 Assessment 4. ResCode (Clause 55) Assessment




Legend

Subject site

Objector(s)



View towards subject site (20 Morley Crescent, Highett)

View across the road




Preferred Future Character Statement The well-articulated dwellings sit within landscaped gardens, some with established trees. New buildings are frequent and are designed to respond to the site, and include a pitched roof form to reflect the dominant forms in the area. Buildings are occasionally built to the side boundary, however the overall impression of the streetscape is of buildings within garden settings due to the regular front setbacks, well vegetated front yards and additional street tree planting in the area.

Precinct Guidelines Objectives Design Responses Avoid Planning Officer Assessment To maintain and enhance the


dwellings.











Council’s Arborist has identified that there are no significant trees located on the site. The development has been sited in such a manner that will allow the planting of vegetation which will assist in strengthening the valued garden characteristics of the area.






The dwellings have been sited to provide visual separation from the southern boundary and the use of varied materials and finished to the exterior will assist in negating the effects of visual bulk. The dwelling is ordinary and benign in appearance, being essentially rectangular in form with a flat roof which is hidden from view behind the walls. The maximum overall building height will not exceed 6.3 metres, which is a conservative height for a two storey dwelling and will assist in



Objectives Design Responses Avoid Planning Officer Assessment reducing the visual impact of the development to the streetscape. The dwellings will not disrupt the prevailing streetscape through the use of appropriate setbacks which reflecting the built form pattern in the streetscape.

To ensure that new buildings



Incorporate design elements into the front façade

design of new dwellings such as recessed

portions, projecting elements behind the front

setback line, combinations of materials, textures

or colours or other elements providing


Use pitched roof forms with eaves.


The proposal utilises materials found in the streetscape and is an attempt at a contemporary interpretation of the l suburban dwelling. A prominent front porch and fenestration detailing provides for visual articulation and interest.

To maintain the openness of

the streetscape.


The proposal does not have a front fence and will be completely open to the street.




Title and Objective Complies with

Standard?


B1 Neighbourhood Character Design respects existing neighbourhood character or contributes to a preferred neighbourhood character. Development responds to features of the site and surrounding area.

Yes See Attachment 3 and Section 6.1

B2 Residential Policy Residential development is consistent with housing policies in the SPPF, LPPF including the MSS and local planning policies. Support medium densities in areas to take advantage of public transport and community infrastructure and services.

Yes The site is appropriately located with regard to services and facilities to support a two dwelling development.


N/A

B4 Infrastructure Provides appropriate utility services and infrastructure without overloading the capacity.



Yes The proposed development has been appropriately oriented to integrate with the streetscape.


No Required: 7.6 metres for each dwelling Proposed: 6.9 metres for Dwelling 2 and 7.4 metres for Dwelling 1 Refer Section 6.2.


Yes Required: 8 metres Proposed: 6.3 metres (maximum overall)


Yes Required: 50% maximum Proposed: 50%


Yes Required: 20% minimum Proposed: 28.5%

B10 Energy Efficiency Yes The proposed development has been designed in a manner that will allow



Achieve and protect energy efficient dwellings and residential buildings. Ensure orientation and layout reduces fossil fuel energy use and makes appropriate use of daylight and solar energy.

appropriate use of solar energy without detriment to adjoining allotments.


N/A


Yes The proposed entrances to the dwellings will be suitably distinguished when viewing the development from the streetscape while all landscaping within the front setback has been suitably positioned to ensure that no unsafe spaces are created.

B13 Landscaping To provide appropriate landscaping. To encourage: Development that respects the

landscape character of the neighbourhood.



Yes See Section 6.4

B14 Access Ensure the safe, manageable and convenient vehicle access to and from the development. Ensure the number and design of vehicle crossovers respects neighbourhood character.

Yes See Section 6.3

B15 Parking Location Provide resident and visitor vehicles with convenient parking. Avoid parking and traffic difficulties in the development and the neighbourhood. Protect residents from vehicular noise within developments.

Yes All car park facilities are conveniently located.


No Refer to table below and Section 6.2. The non-compliances are underlined.


North (side) 0 or 2.0m 0 and 2.0m 3.62m 3.1m -3.6m South (side) 0 or 2.0m 2.0m 3.62m 3.1m -3.6m West (rear) 0 or 3.0m 8.86m and

9.33m 4.62m 9.3m and 9.9m




Yes Maximum: 18.25m Proposed: 6.46m


Yes The proposed development will allow adequate daylight into existing habitable room window/s as required by this standard.


Yes


Yes


No Refer Section 6.2.


Yes Views to POS and habitable room windows within the development will be limited.


Yes It is anticipated that the level of noise which will be emitted from the dwellings will not exceed levels normally expected from other dwellings.


Yes The dwellings include no step access to the front door of each dwelling.


Yes The dwellings have easily identifiable dwelling entries.


Yes


Yes Required: 40 square meters per dwelling Proposed: Dwelling 1 76 square meters Dwelling 2 77 square meters


Yes The private open space areas will enjoy direct solar access in accordance with the standard.


Yes Storage is proposed to be provided in the garage of each of the dwellings.




Yes The design detail adequately respects both the existing and preferred neighbourhood character. The proposal complies with the standard.


Yes The development does not have a front fence

B33 Common Property Ensure car parking, access areas and other communal open space is practical, attractive and easily maintained. Avoid future management difficulties in common ownership areas.

Yes It should be noted that there are not any common property areas proposed.

B34 Site Services Ensure site services and facilities can be installed and easily maintained and are accessible, adequate and attractive. Avoid future management difficulties in common ownership areas.

Yes The overall design of the proposal allows for effective positioning of all site services and as such, the proposal is deemed to comply with the standard.


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5. Confidential Business

Nil

As Chief Executive Officer, I hereby declare that the contents of this agenda relating to the closed meeting of the ordinary meeting of Council are deemed confidential and accordingly members of Council are reminded that the contents of the agenda are not to be disclosed to any other party.

Adrian Robb

Chief Executive Officer

Agenda Planning & Amenity Committee Meeting Tuesday ......Monday to Saturday – 9.00am to 10.00pm....

Documents

Transcript of Agenda Planning & Amenity Committee Meeting Tuesday ......Monday to Saturday – 9.00am to 10.00pm....