Report to the Future Melbourne (Planning) Committee
Transcript of Report to the Future Melbourne (Planning) Committee
Attachments: 1. Supporting Attachment 2. Locality Plan 3. Selected plans 4. Delegate Report
Report to the Future Melbourne (Planning) Committee Agenda item 6.4
Planning Permit Application: TP-2015-906 88 Park Street South Yarra
5 July 2016
Presenter: Jane Birmingham, Practice Leader Statutory Planning
Purpose and background
1. The purpose of this report is to advise the Future Melbourne Committee of a planning permit application at 88 Park Street, South Yarra (refer Attachment 2 – Locality Plan). The application seeks approval for the demolition of the existing ungraded dwelling and the construction of a new two storey dwelling.
2. The applicant and owner is George Nedovic (c/- Hansen Partnership) and the architect is Oliver du Puy.
3. The application was formally advertised in December 2015 and received 26 objections. In response to concerns raised by Council officers and objectors, revised draft plans were submitted on 3 April 2016. These plans were circulated to all objectors which resulted in one objection being withdrawn.
4. Due to the number of objections (>16), the ‘Delegation Policy for Planning Applications’ applies and the application must be presented at a Future Melbourne Committee meeting.
Key issues
5. The key issues to consider are heritage, neighbourhood character, urban design and internal and external amenity. The application has been assessed against the performance standards and decision guidelines contained in the local policy for Heritage Places outside the Capital City Zone, the urban design strategies set out in Urban Design Outside The Capital City Zone, objectives of ResCode and having regard to the concerns raised by objectors.
6. The built form, scale and massing of the proposed development is considered to appropriately respond to the context of the site and surrounds and is respectful of the character of the streetscape and the heritage precinct.
7. Recommended conditions require screening of two east-facing bedroom windows at first floor, further side setback at the mid-point of first floor and the submission of landscape concept plan, all of which will further ensure that the amenity of adjoining properties is not unreasonably impacted.
Recommendation from management
8. That the Future Melbourne Committee resolves to issue a Notice of Decision to Grant a Permit to planning application TP-2015-906, subject to conditions included in the Delegates report (Attachment 4).
Page 1 of 35
Supporting Attachment
Legal
1. Division 1 of Part 4 of the Planning and Environment Act 1987 (Act) sets out the requirements in relation to applications for permits pursuant to the relevant planning scheme.
2. As objections have been received, sections 64 and 65 of the Act provide that the responsible authority must give the applicant and each objector notice in the prescribed form of its decision to either grant a permit or refuse to grant a permit. The responsible authority must not issue a permit to the applicant until the end of the period in which an objector may apply to the VCAT for a review of the decision or, if an application for review is made, until the application is determined by the VCAT.
Finance
3. There are no direct financial issues arising from the recommendations contained in this report.
Conflict of interest
4. No member of Council staff, or other person engaged under a contract, involved in advising on or preparing this report has declared a direct or indirect interest in relation to the matter of the report.
Stakeholder consultation
5. Formal notification of the application was carried out in December 2015 by notices to the owners and occupiers of adjoining land and by posting 2 signs on the site. Draft revised plans were circulated informally to all objectors of the application in April 2016.
Relation to Council policy
6. Relevant Council policies are discussed in the attached delegate report (refer Attachment 4).
Environmental sustainability
7. An Environmentally Sustainable Design (ESD) statement was provided along with Waste Management Plan and an STORM Rating report indicating that the proposal will achieve the requirements set out in Clause 22.19-04 of the Melbourne Planning Scheme. Further details of ESD measures are set out in the attached delegate report (refer Attachment 4).
Attachment 1Agenda item 6.4
Future Melbourne Committee 5 July 2016
Page 2 of 35
Locality Plan
88 Park Street South Yarra
Attachment 2 Agenda item 6.4
Future Melbourne Committee 5 July 2016
Page 3 of 35
88 PARK STREET
NEDOVIC RESIDENCE
SITE CONTEXT PLAN
PROJECT NORTH
P R O J E C T
T I T L E
N O.D A T E REVISION CHECKEDB Y
DO NOT SCALE DRAWING
ALL DIMENSIONS/LEVELS TO BE CHECKED ON SITE PRIOR TO CONSTRUCTION. ALL EXISTING LEVELS ARE
INDICATIVE ONLY. SURVEY DRAWING TO TAKE PRECEDENCE OVER ARCHITECTURAL DRAWINGS WITH
RELATION TO EXISTING LEVELS. DO NOT SCALE DRAWINGS. FIGURED DIMENSION TAKE PRECEDENCE
OVER SCALE DIMENSIONS.
ANY DISCREPANCIES ARE TO BE BROUGHT TO THE ATTENTION OF THE ARCHITECT PRIOR TO CONTINIUNG
WORKS. INFORMATION CONTAINED ON THIS DOCUMENT IS THE COPYRIGHT OF OLIVER DU PUY
ARCHITECTS USE OR COPYING OF THE DOCUMENT IN WHOLE OR IN PART WITHOUT THE WRITTEN
PERMISSION OF OLIVER DU PUY ARCHITECTS INFRINGES COPYRIGHT.
SOUTH YARRA
D A T E
D E S I G N E D
C H E C K E D
ODPFEB 2016
J O B N U M B E R
D R A W N ODP--
S C A L E
011
TP01D R A W I N G N O . R E V N O .
Nedovic_General_TP new.pln PRINTED:18/02/2016
1:200, 1:1.11
FOR INFORMATIONONLY
ACN: 146 642 739
@A1 1:200 @A3
PAR
K S
TRE
ET
BLU
EST
ON
E L
AN
EW
AY
LEO
POLD
STR
EE
T
ST MARTINS LANE
RANDALL PLACE
no. 83Single Storey BrickVictorian Residence
no. 79-81Three StoreyResidences
no. 91Three StoreyResidence
no. 99Three StoreyBrick Guest House
no. 84Two StoreyVictorian Brick Residence
no. 86Two StoreyVictorian Brick Residence
SUBJECT SITEno. 88Single Storey BrickResidence
no. 90Single Storey BrickVictorian Residence (rear double storey)
no. 92Single Storey BrickVictorian Residence
no. 94Double StoreyVictorian Brick Residence
no. 96Double StoreyResidence
no. 82Two StoreyResidence
no. 97Two StoreyVictorian Brick Residence
no. 99Two StoreyVictorian Brick Residence
no. 101Two StoreyVictorian Brick Residence
no. 91-95Two StoreyBrick Residence
no. 89Single StoreyVictorian Brick Residence
no. 103Two StoreyVictorian Brick Residence
no. 105Two StoreyVictorian Brick Residence
no. 107Two StoreyVictorian Brick Residence
no. 87Single StoreyVictorian Brick Residence
Site Context Plan 1:200
AFTERNOONSUN
MIDDAY SUN
M O R N I N GSUN
YA
RR
A R
IVER
AN
D T
RA
ILS
60
0m
AA
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BO
UR
NE
PA
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, M
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no: 99 no: 96, 94
no: 92, 90, no: 88
no: 91
no: 86, 84
no: 82, 80, 78
no: 83
no: 79, 81
SUBJECT SITE
1:200@A1, 1:400 @ A3
05.02.16 03 TOWN PLANNING ISSUE ODP
3
Page 4 of 35
88 PARK STREET
NEDOVIC RESIDENCE
DEMOLITION & DESIGN RESPONSE
PROJECT NORTH
P R O J E C T
T I T L E
N O.D A T E REVISION CHECKEDB Y
DO NOT SCALE DRAWING
ALL DIMENSIONS/LEVELS TO BE CHECKED ON SITE PRIOR TO CONSTRUCTION. ALL EXISTING LEVELS ARE
INDICATIVE ONLY. SURVEY DRAWING TO TAKE PRECEDENCE OVER ARCHITECTURAL DRAWINGS WITH
RELATION TO EXISTING LEVELS. DO NOT SCALE DRAWINGS. FIGURED DIMENSION TAKE PRECEDENCE
OVER SCALE DIMENSIONS.
ANY DISCREPANCIES ARE TO BE BROUGHT TO THE ATTENTION OF THE ARCHITECT PRIOR TO CONTINIUNG
WORKS. INFORMATION CONTAINED ON THIS DOCUMENT IS THE COPYRIGHT OF OLIVER DU PUY
ARCHITECTS USE OR COPYING OF THE DOCUMENT IN WHOLE OR IN PART WITHOUT THE WRITTEN
PERMISSION OF OLIVER DU PUY ARCHITECTS INFRINGES COPYRIGHT.
SOUTH YARRA
D A T E
D E S I G N E D
C H E C K E D
ODPFEB 2016
J O B N U M B E R
D R A W N ODP--
S C A L E
011
TP02D R A W I N G N O . R E V N O .
Nedovic_General_TP new.pln PRINTED:18/02/2016
1:100, 1:0.65
FOR INFORMATIONONLY
ACN: 146 642 739
@A1 1:200 @A3
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WROUGHT IRON ON BRICK BASE
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North Elevation South Elevation
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P'PE
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BR
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ROLLER DOOR
P'PE
PA
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AR
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PA
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OU
SE
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TR
EE
T
89 L
EO
PO
LD S
TR
EE
T
BALCONY
HW
HW HW
HW
22,730
11
3
3
North Elevation South Elevation
West Elevation
East Elevation
2
2
6.9GM
GM 55
22.8
822
.88
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SM
ET
ER
M BR
ICK
WA
LLB
RIC
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Demolition Plan 1:100 Design Response 1:100
AFT
ER
NO
ON
SU
N
MID
DA
Y S
UN
MO
RN
ING
SU
N
DEMOLITION NOTE:
EXISTING HOUSE AND FENCESTO BE DEMOLISHED FORPROPOSED NEW DWELLING.
MATERIALS TO BE RECYCLEDWHERE POSSIBLE.
05.02.16 03 TOWN PLANNING ISSUE ODP
3
Design Methodology - Facade
Distillation and interpretation of prevailing Park Street Victorian typology - proportional tripartitemassing with classical pilaster and verandah. (65 Park Street Pictured)
2222222WW HIGH BRICK WALL
GATE GATE
1,000
Page 5 of 35
88 PARK STREET
NEDOVIC RESIDENCE
PROPOSED FLOOR PLANS
PROJECT NORTH
P R O J E C T
T I T L E
N O.D A T E REVISION CHECKEDB Y
DO NOT SCALE DRAWING
ALL DIMENSIONS/LEVELS TO BE CHECKED ON SITE PRIOR TO CONSTRUCTION. ALL EXISTING LEVELS ARE
INDICATIVE ONLY. SURVEY DRAWING TO TAKE PRECEDENCE OVER ARCHITECTURAL DRAWINGS WITH
RELATION TO EXISTING LEVELS. DO NOT SCALE DRAWINGS. FIGURED DIMENSION TAKE PRECEDENCE
OVER SCALE DIMENSIONS.
ANY DISCREPANCIES ARE TO BE BROUGHT TO THE ATTENTION OF THE ARCHITECT PRIOR TO CONTINIUNG
WORKS. INFORMATION CONTAINED ON THIS DOCUMENT IS THE COPYRIGHT OF OLIVER DU PUY
ARCHITECTS USE OR COPYING OF THE DOCUMENT IN WHOLE OR IN PART WITHOUT THE WRITTEN
PERMISSION OF OLIVER DU PUY ARCHITECTS INFRINGES COPYRIGHT.
SOUTH YARRA
D A T E
D E S I G N E D
C H E C K E D
ODPFEB 2016
J O B N U M B E R
D R A W N ODP--
S C A L E
011
TP03D R A W I N G N O . R E V N O .
Nedovic_General_TP new.pln PRINTED:18/02/2016
1:100
FOR INFORMATIONONLY
ACN: 146 642 739
@A1 1:200 @A3
23.5
5
30.3
P'PE
T
22.8
8
22.7
9
22.8
7
22.6
5FAC
E
23.0
1
GM
22.8
8
23.5
7
FLO
OR
LEV
EL
23.1
0
23.2
323
.32
23.3
223
.34
23.6
2
23.6
8
23.9
223
.6923
.71
23.7
2
26.3
3TO
P
33.6
WA
LL T
OP
26.
3W
ALL
TO
P 2
5.6
26.7
WAL
L TO
P
23.9
8
24.0
2
21
24.1
7
24.1
4
24.1
9
24.0
8
24.0
9
24.0
4
24.0
5
WA
LL T
OP
30.
1
26.9
WAL
L TO
P
27.8
WAL
L TO
P
71
WAL
L TO
P
31.5
P'PE
T
33.6
30.0
P'P
ET
28.3
P'PE
T
6.92
(20.
78)
90°1
0'
CO
MM
'SP
IT
WAL
L
BLUESTONE DRAIN
HW
28.9
H
28.0
S28
.9H
HW
27.6
S29
.2H
29.1
S29
.6H
28.1S30.0HHW
26.6HD&W
27.6S29.2HHW
26.8
S28
.4H
WROUGHT IRON ON BRICK BASE
BR
ICK
WA
LLH
IGH
GATE
ROLLER DOOR
ROLLER DOOR
WA
LL T
OP
26.6
VERANDAH
SIN
GLE
ST
OR
EY
BR
ICK
RO
W H
OU
SE
90 P
AR
K S
TR
EE
T
'ON
'
'ON' 'ON'
93
HW
HW HW
23.5
5
30.3
P'PE
T
22.8
8
22.7
9
22.7
3
22.6
7
22.8
7
22.4
8IN
V22
.65F
ACE
23.0
1
GM
23.4
7
23.5
5
22.8
8
23.1
0
23.2
323
.32
23.3
223
.34
23.6
2
23.6
8
23.9
223
.6923
.71
23.7
2
26.3
3TO
P
33.6
WA
LL T
OP
26.
3W
ALL
TO
P 2
5.6
26.7
WAL
L TO
P
23.9
8
24.0
2
21
24.1
7
24.1
4
24.1
9
24.0
8
24.0
9
24.0
4
24.0
5
WA
LL T
OP
30.
1
26.9
WAL
L TO
P
27.8
WAL
L TO
P
71
WAL
L TO
P
31.5
P'PE
T
33.6
30.0
P'P
ET
28.3
P'PE
T
30.4
626
9°59
'
89°5
4'
6.98m
180°37'
(20.
78)
90°1
0'
GA
SM
ET
ER
23.4
5
FACE OF BLUESTONE KERB
ELE
CT
RIC
ITY
PO
LE
CO
MM
'SP
IT
CO
MM
'SP
IT
STEPS
WAL
L
VERANDAH
GA
RD
EN
BE
DG
AR
DE
N B
ED
BLUESTONE LANEWAY
26.0
S26
.5H
HW
28.0
S28
.9H
28.0
S28
.9H
HW
27.6
S29
.2H
29.1
S29
.6H
28.1S30.0HHW
26.6HD&W
27.6S29.2HHW
26.8
S28
.4H
25.5
H±
HIGH BRICK WALL
PA
VE
DA
RE
A
GARDEN BED
HIGH BRICK WALL
P'PET 28.3
BR
ICK
WA
LLH
IGH
CH
IMN
EY
CH
IMN
EY
ROLLER DOOR
GATE
ROLLER DOOR
PA
RT
Y W
ALL
PA
RT
Y W
ALL
HIGH BRICK WALL
H
ROLLER DOOR
WA
LL T
OP
26.6
GATE
VERANDAH
SIN
GLE
ST
OR
EY
BR
ICK
RO
W H
OU
SE
90 P
AR
K S
TR
EE
T
TW
O S
TO
RE
YS
EC
TIO
N
PRIVATEOPEN SPACE
PA
LIN
G
FE
NC
E
PRIVATEOPEN SPACE
SIN
GLE
ST
OR
EY
BR
ICK
RO
W H
OU
SE
86 P
AR
K S
TR
EE
T
SIN
GLE
ST
OR
EY
BR
ICK
RO
W H
OU
SE
88 P
AR
K S
TR
EE
T
'ON
'
'ON' 'ON'
93
BALCONY
HW
HW HW
HW
22,730
11
3
3
North Elevation South Elevation
West Elevation
East Elevation
2
2
ion
Proposed Roof Plan 1:100
SUMMARY OF PROPOSED AREAS
Site Area: 211m2
Existing Site Coverage: 68%
Proposed Site Coverage: 63%
Ground Floor Area: 132m2
(excludes courtyard + terraces)
First Floor Area: 125m2
Gross Floor Area: 255m2
05.02.16 03 TOWN PLANNING ISSUE ODP
3
20 x 185 = 3,7001 2 3 4 5 6 7 8
9
10
11
121314151617181911
3
3
North Elevation South Elevation
West Elevation
East Elevation
1,88
91,
300
1,000 SETBACK TO BOUNDARY
2,100
6,15
7
FFL +27,400
FFL +27,400
2
2
HABITABLE WINDOW
NON-HABITABLEWINDOW (OBSCUREDGLASS)
NON-HABITABLEWINDOW (OBSCUREDGLASS)
NON-HABITABLEWINDOW (OBSCUREDGLASS)
HABITABLE WINDOW1700 ABOVE FFL
SKYL
IGH
T B
ELO
W
HABITABLE WINDOW1700 ABOVE FFL
BALCONY - EXACT LOCATIONOF WINDOWS UNDETERMINEDBY SURVEY
PAVED OPEN SPACE
PAVED OPEN SPACE
Proposed First Floor Level 1:100
20 x 185 = 3,700
1 2 3 4 5 6 7 8
9
10
11
1213141516171819
1,28
9
21,6
315,
702
6650
FFL +23,800
22,730
+24,000
+24,000
11
3
3
North Elevation South Elevation
West Elevation
East Elevation
BO
UN
DA
RY
WA
LL
OPENSPACE
HABITABLE WINDOW
NON-HABITABLEWINDOW (OBSCUREDGLASS)
NON-HABITABLEDECORATIVE WINDOWTO BOUNDARY TO BEBRICKED IN
OPENSPACE
EXACT LOCATION OF WINDOWSUNDETERMINED BY SURVEY
PAVED OPEN SPACE
PAVED OPEN SPACE
2
2
F/P
120LGARBAGE
60LRECYCLING
Proposed Ground Floor Level 1:100
1,000
Page 6 of 35
88 PARK STREET
NEDOVIC RESIDENCE
PROPOSED ELEVATIONS
PROJECT NORTH
P R O J E C T
T I T L E
N O.D A T E REVISION CHECKEDB Y
DO NOT SCALE DRAWING
ALL DIMENSIONS/LEVELS TO BE CHECKED ON SITE PRIOR TO CONSTRUCTION. ALL EXISTING LEVELS ARE
INDICATIVE ONLY. SURVEY DRAWING TO TAKE PRECEDENCE OVER ARCHITECTURAL DRAWINGS WITH
RELATION TO EXISTING LEVELS. DO NOT SCALE DRAWINGS. FIGURED DIMENSION TAKE PRECEDENCE
OVER SCALE DIMENSIONS.
ANY DISCREPANCIES ARE TO BE BROUGHT TO THE ATTENTION OF THE ARCHITECT PRIOR TO CONTINIUNG
WORKS. INFORMATION CONTAINED ON THIS DOCUMENT IS THE COPYRIGHT OF OLIVER DU PUY
ARCHITECTS USE OR COPYING OF THE DOCUMENT IN WHOLE OR IN PART WITHOUT THE WRITTEN
PERMISSION OF OLIVER DU PUY ARCHITECTS INFRINGES COPYRIGHT.
SOUTH YARRA
D A T E
D E S I G N E D
C H E C K E D
ODPFEB 2016
J O B N U M B E R
D R A W N ODP--
S C A L E
011
TP04D R A W I N G N O . R E V N O .
Nedovic_General_TP new.pln PRINTED:18/02/2016
1:100
FOR INFORMATIONONLY
ACN: 146 642 739
@A1 1:200 @A3
28,800
31,100
24,600
22,712 22,817
32,300
30,3071,
067
3,00
060
03,
000
700
EXPOSED BRICKB-01
WHITE STEEL WINDOWFRAMES S-01
STEEL POST BALUSTRADEWITH PLANTER BOX
NEW BRICK WALL ANDSTEEL GATE
WHITE PAINTED STEELFASCIA
GREY COLOURBONDROOFING CONCEALEDBELOW PARARPET
SITE
BO
UN
DA
RY
SITE
BO
UN
DA
RY
+22,800-1 TBM
+22,800-1 TBM
+23,8000 GFL
+23,8000 GFL
+26,8001 GCL
+26,8001 GCL
+27,4002 FFL
+27,4002 FFL
+30,4003 FCL
+30,4003 FCL
+31,1004 PARAPET
+31,1004 PARAPET
PAR
K STR
EE
T
31,100
24,249
27,82327,400
22,730
30,303
24,02023,804
1,00
03,
000
600
3,00
070
0
DASHED LINE INDICATESEXTENT OF 90 PARK STPARTY WALL OR ABUTTINGSITE BOUNDARY
EXPOSED BRICKB-01
TIMBER SCREENT-01 TO 1700 ABOVE FFL
GREY COLOURBONDROOFINGCONCEALED BELOWPARARPET
WHITE RENDER FINISHR-01
+22,800-1 TBM
+23,8000 GFL
+26,8001 GCL
+27,4002 FFL
+30,4003 FCL
+31,1004 PARAPET
24,24,24 224
30.4 TOP OF WALL
26.3 WALL TOP
25.6 WALL TOP
26.0 FENCE TOP
23.623.3
APPROX>WINDOW
28.9
28.0
28.9
28.0
29.2
27.6
29.629.1
28.4
26.8
26.526.0
26.3
PA
RK
ST
RE
ET
27,200
24,448
31,10031,500
32,800
31,100
950
3,00
060
03,
000
700
2,26
698
63,
000
700
DASHED LINE INDICATESEXTENT OF 86 PARK STABUTTING SITE BOUNDARY
DASHED LINE INDICATESWINDOW TO BOUNDARYWALL TO BE BRICKED IN.
WHITE RENDER FINISHR-01
TIMBER SCREEN T-01T0 1700 ABOVE FFL
NEW ROTATINGCOWL & FLUE
GREY COLOURBONDROOFING CONCEALEDBELOW PARARPET
+22,800-1 TBM
+22,800-1 TBM
+23,8000 GFL
+23,8000 GFL
+26,8001 GCL
+26,8001 GCL
+27,4002 FFL
+27,4002 FFL
+30,4003 FCL
+30,4003 FCL
+31,1004 PARAPET
+31,1004 PARAPET
0060
03,
000
,
6,8001 GCL
27,400FFL
24,448
31,100
26,800
24,096
27,157
2,41
5
2,70
460
03,
000
700
6,600
TIMBER SCREEN WITHINTERGRATED PLANTEDBOX T-01 TO 1200ABOVE FFL WHITE RENDER FINISH
R-01
TIMBER CLAD ON STEELFRAME GARAGE DOOR.AUTOMATED TO SLIDE ONTRACK MECHANISM
NEW ROTATINGCOWL & FLUE
GREY COLOURBONDROOFING CONCEALEDBELOW PARARPET
SITE
BO
UN
DA
RY
SITE
BO
UN
DA
RY
+22,800-1 TBM
+22,800-1 TBM
+23,8000 GFL
+23,8000 GFL
+26,8001 GCL
+26,8001 GCL
+27,4002 FFL
+27,4002 FFL
+30,4003 FCL
+30,4003 FCL
+31,1004 PARAPET
+31,1004 PARAPET
West Elevation 1:100 North Elevation 1:100
South Elevation 1:100
East Elevation 1:100
MATERIALS LEGEND(Refer to materials presentation sheet)
B-01 Light hued brick with limed mortar
P-01 Grey colour colour bond roofing concealed
behind parapets
R-01 White rendered finish
S-01 White anodised window frames to all
external doors & windows
T-01 Timber batten and steel screening
05.02.16 03 TOWN PLANNING ISSUE ODP
3
Page 7 of 35
88 PARK STREET
NEDOVIC RESIDENCE
PROPOSED SECTIONS
PROJECT NORTH
P R O J E C T
T I T L E
N O.D A T E REVISION CHECKEDB Y
DO NOT SCALE DRAWING
ALL DIMENSIONS/LEVELS TO BE CHECKED ON SITE PRIOR TO CONSTRUCTION. ALL EXISTING LEVELS ARE
INDICATIVE ONLY. SURVEY DRAWING TO TAKE PRECEDENCE OVER ARCHITECTURAL DRAWINGS WITH
RELATION TO EXISTING LEVELS. DO NOT SCALE DRAWINGS. FIGURED DIMENSION TAKE PRECEDENCE
OVER SCALE DIMENSIONS.
ANY DISCREPANCIES ARE TO BE BROUGHT TO THE ATTENTION OF THE ARCHITECT PRIOR TO CONTINIUNG
WORKS. INFORMATION CONTAINED ON THIS DOCUMENT IS THE COPYRIGHT OF OLIVER DU PUY
ARCHITECTS USE OR COPYING OF THE DOCUMENT IN WHOLE OR IN PART WITHOUT THE WRITTEN
PERMISSION OF OLIVER DU PUY ARCHITECTS INFRINGES COPYRIGHT.
SOUTH YARRA
D A T E
D E S I G N E D
C H E C K E D
ODPFEB 2016
J O B N U M B E R
D R A W N ODP--
S C A L E
011
TP05D R A W I N G N O . R E V N O .
Nedovic_General_TP new.pln PRINTED:18/02/2016
1:100
FOR INFORMATIONONLY
ACN: 146 642 739
@A1 1:200 @A3
24,12323,800
27,400
23,800
31,10031,100
23,000
3,00
060
03,
000
700
7,85
0
24,150
3,00
0
3,00
0
7,05
1
MASTER BED
LIBRARY LIVING / DINING
BED 02LAUNDRY BATHROOM
CELLAR
SITE
BO
UN
DA
RY
SITE
BO
UN
DA
RY
NGL
BU
ILD
ING
HE
IGH
T TO
NG
L
BU
ILD
ING
HE
IGH
T TO
NG
L
NGL
+22,800-1 TBM
+22,800-1 TBM
+23,8000 GFL
+23,8000 GFL
+26,8001 GCL
+26,8001 GCL
+27,4002 FFL
+27,4002 FFL
+30,4003 FCL
+30,4003 FCL
+31,100PARAPET
+31,1004 PARAPET
3,0,0
0060
03,
000
,
BU
ILD
ING
HE
IGN
GL
0
0
31,100
23,800
3,00
0
3,00
0
3,35
060
03,
000
700
SITE
BO
UN
DA
RY
SITE
BO
UN
DA
RY
ENSUITE
ENTRY
BEDROOM
+22,800-1 TBM
+22,800-1 TBM
+23,8000 GFL
+23,8000 GFL
+26,8001 GCL
+26,8001 GCL
+27,4002 FFL
+27,4002 FFL
+30,4003 FCL
+30,4003 FCL
+31,1004 PARAPET
+31,1004 PARAPET
23,800
27,400
31,100
24,131 24,150
23,000
23,800
3,00
0
3,00
0
1,00
03,
000
600
3,00
070
0
7,01
0
8,00
0
LIVING / DINING ENTRY
ENSUITEBED 03
TERRACETERRACEBLUESTONE LANE PARK ST
NGL
NGL
SITE
BO
UN
DA
RY
SITE
BO
UN
DA
RY
BU
ILD
ING
HE
IGH
T TO
NG
L
BU
ILD
ING
HE
IGH
T TO
NG
L
+22,800-1 TBM
+22,800-1 TBM
+23,8000 GFL
+23,8000 GFL
+26,8001 GCL
+26,8001 GCL
+27,4002 FFL
+27,4002 FFL
+30,4003 FCL
+30,4003 FCL
+31,1004 PARAPET
+31,1004 PARAPET
8,00
0,
BU
ILD
ING
HE
IGH
T TO
NG
L
0000000
West-East Section 1:100
North-South Section 1:100
East-West Section 1:100
3
05.02.16 03 TOWN PLANNING ISSUE ODP
Page 8 of 35
88 PARK STREET
NEDOVIC RESIDENCE
SHADOW DIAGRAMS 9am, 10am
PROJECT NORTH
P R O J E C T
T I T L E
N O.D A T E REVISION CHECKEDB Y
DO NOT SCALE DRAWING
ALL DIMENSIONS/LEVELS TO BE CHECKED ON SITE PRIOR TO CONSTRUCTION. ALL EXISTING LEVELS ARE
INDICATIVE ONLY. SURVEY DRAWING TO TAKE PRECEDENCE OVER ARCHITECTURAL DRAWINGS WITH
RELATION TO EXISTING LEVELS. DO NOT SCALE DRAWINGS. FIGURED DIMENSION TAKE PRECEDENCE
OVER SCALE DIMENSIONS.
ANY DISCREPANCIES ARE TO BE BROUGHT TO THE ATTENTION OF THE ARCHITECT PRIOR TO CONTINIUNG
WORKS. INFORMATION CONTAINED ON THIS DOCUMENT IS THE COPYRIGHT OF OLIVER DU PUY
ARCHITECTS USE OR COPYING OF THE DOCUMENT IN WHOLE OR IN PART WITHOUT THE WRITTEN
PERMISSION OF OLIVER DU PUY ARCHITECTS INFRINGES COPYRIGHT.
SOUTH YARRA
D A T E
D E S I G N E D
C H E C K E D
ODPFEB 2016
J O B N U M B E R
D R A W N ODP--
S C A L E
011
TP06D R A W I N G N O . R E V N O .
Nedovic_General_TP new.pln PRINTED:30/03/2016
1:100
FOR INFORMATIONONLY
ACN: 146 642 739
@A1 1:200 @A3
23.5
5
30.3
P'PE
T
22.8
8
22.7
9
22.8
7
22.6
5FAC
E
2
23.0
1
GM
22.8
8
23.5
7
FLO
OR
LEV
EL
23.1
0
23.2
323
.32
23.3
223
.34
23.6
2
23.6
8
23.9
223
.6923
.71
23.7
2
26.3
3TO
P
33.6
WA
LL T
OP
26.
3W
ALL
TO
P 2
5.6
26.7
WAL
L TO
P
23.9
5
23.9
8
23.9
9
24.0
2
24.2
1
24.1
7
24.1
4
24.1
9
24.0
8
24.0
9
24.0
4
24.0
5
WA
LL T
OP
30.
1
26.9
WAL
L TO
P
27.8
WAL
L TO
P
27.1
WAL
L TO
P
ET
31.5
P'PE
T
33.6
30.0
P'P
ET
28.3
P'PE
T
6.92
(20.
78)
90°1
0'
CO
MM
'SP
IT
WAL
L
BLUESTONE DRAIN
HW
28.9
H
28.0
S28
.9H
HW
27.6
S29
.2H
29.1
S29
.6H
28.1S30.0HHW
26.6HD&W
27.6S29.2HHW
26.8
S28
.4H
WROUGHT IRON ON BRICK BASE
BR
ICK
WA
LLH
IGH
GATE
ROLLER DOOR
ROLLER DOORHIGH BRI
WA
LL T
OP
26.6
VERANDAH
SIN
GLE
ST
OR
EY
BR
ICK
RO
W H
OU
SE
90 P
AR
K S
TR
EE
T
'ON
'
'ON' 'ON'
93 L
EO
PO
97 L
EO
PO
LD 91
HW
HW HW
23.5
5
30.3
P'PE
T
22.8
8
22.7
9
22.7
3
22.6
7
22.8
7
22.4
8IN
V22
.65F
ACE
2
23.0
1
GM
23.4
7
23.5
5
22.8
8
23.1
0
23.2
323
.32
23.3
223
.34
23.6
2
23.6
8
23.9
223
.6923
.71
23.7
2
26.3
3TO
P
33.6
WA
LL T
OP
26.
3W
ALL
TO
P 2
5.6
26.7
WAL
L TO
P
23.9
5
23.9
8
23.9
9
24.0
2
24.2
1
24.1
7
24.1
4
24.1
9
24.0
8
24.0
9
24.0
4
24.0
5
WA
LL T
OP
30.
1
26.9
WAL
L TO
P
27.8
WAL
L TO
P
27.1
WAL
L TO
P
ET
31.5
P'PE
T
33.6
30.0
P'P
ET
28.3
P'PE
T
30.4
626
9°59
'
89°5
4'
6.98m
180°37'
(20.
78)
90°1
0'
PARK STREET
GA
SM
ET
ER
23.4
5
FACE OF BLUESTONE KERB
ELE
CT
RIC
ITY
PO
LE
CO
MM
'SP
IT
CO
MM
'SP
IT
STEPS
WAL
L
VERANDAH
GA
RD
EN
BE
DG
AR
DE
N B
ED
BLUESTONE LANEWAY
26.0
S26
.5H
HW
28.0
S28
.9H
28.0
S28
.9H
HW
27.6
S29
.2H
29.1
S29
.6H
28.1S30.0HHW
26.6HD&W
27.6S29.2HHW
26.8
S28
.4H
25.5
H±
HIGH BRICK WALL
PA
VE
DA
RE
A
GARDEN BED
HIGH BRICK WALL
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Page 9 of 35
88 PARK STREET
NEDOVIC RESIDENCE
SHADOW DIAGRAMS 11am, 12pm
PROJECT NORTH
P R O J E C T
T I T L E
N O.D A T E REVISION CHECKEDB Y
DO NOT SCALE DRAWING
ALL DIMENSIONS/LEVELS TO BE CHECKED ON SITE PRIOR TO CONSTRUCTION. ALL EXISTING LEVELS ARE
INDICATIVE ONLY. SURVEY DRAWING TO TAKE PRECEDENCE OVER ARCHITECTURAL DRAWINGS WITH
RELATION TO EXISTING LEVELS. DO NOT SCALE DRAWINGS. FIGURED DIMENSION TAKE PRECEDENCE
OVER SCALE DIMENSIONS.
ANY DISCREPANCIES ARE TO BE BROUGHT TO THE ATTENTION OF THE ARCHITECT PRIOR TO CONTINIUNG
WORKS. INFORMATION CONTAINED ON THIS DOCUMENT IS THE COPYRIGHT OF OLIVER DU PUY
ARCHITECTS USE OR COPYING OF THE DOCUMENT IN WHOLE OR IN PART WITHOUT THE WRITTEN
PERMISSION OF OLIVER DU PUY ARCHITECTS INFRINGES COPYRIGHT.
SOUTH YARRA
D A T E
D E S I G N E D
C H E C K E D
ODPFEB 2016
J O B N U M B E R
D R A W N ODP--
S C A L E
011
TP07D R A W I N G N O . R E V N O .
Nedovic_General_TP new.pln PRINTED:30/03/2016
1:100
FOR INFORMATIONONLY
ACN: 146 642 739
@A1 1:200 @A3
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6.98m
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(20.
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0'
PARK STREETG
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TE
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TO
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EC
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PRIVATEOPEN SPACE
PA
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G
FE
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PO
97 L
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PO
LD 91
BALCONY
HW
HW HW
HW
22,730
11
3
3
North Elevation South Elevation
West Elevation
East Elevation
2
2
1:100
2
AF
TE
RN
OO
NS
UN
MID
DA
Y S
UN
MO
RN
ING
SU
N
20.11.15 02 TOWN PLANNING ISSUE ODP
Shadows 12PMShadows 11AM2222222WW HIGH BRICK WALL
GATE GATE
WA
LL T
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26.
3W
ALL
TO
P 2
6.3
WA
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OP
25.
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TO
P 2
5.6
30.4
6
1,000
2222222WW HIGH BRICK WALL
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PROPOSED SHADOWS
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31m2 EXISTING30m2 PROPOSED
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DE
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PROPOSED SHADOWS
EXISTING SHADOWS
UNSHADED PRIVATEOPEN SPACE:
36m2 EXISTING33m2 PROPOSED
Page 10 of 35
88 PARK STREET
NEDOVIC RESIDENCE
SHADOW DIAGRAMS 1pm, 2pm, 3pm
PROJECT NORTH
P R O J E C T
T I T L E
N O.D A T E REVISION CHECKEDB Y
DO NOT SCALE DRAWING
ALL DIMENSIONS/LEVELS TO BE CHECKED ON SITE PRIOR TO CONSTRUCTION. ALL EXISTING LEVELS ARE
INDICATIVE ONLY. SURVEY DRAWING TO TAKE PRECEDENCE OVER ARCHITECTURAL DRAWINGS WITH
RELATION TO EXISTING LEVELS. DO NOT SCALE DRAWINGS. FIGURED DIMENSION TAKE PRECEDENCE
OVER SCALE DIMENSIONS.
ANY DISCREPANCIES ARE TO BE BROUGHT TO THE ATTENTION OF THE ARCHITECT PRIOR TO CONTINIUNG
WORKS. INFORMATION CONTAINED ON THIS DOCUMENT IS THE COPYRIGHT OF OLIVER DU PUY
ARCHITECTS USE OR COPYING OF THE DOCUMENT IN WHOLE OR IN PART WITHOUT THE WRITTEN
PERMISSION OF OLIVER DU PUY ARCHITECTS INFRINGES COPYRIGHT.
SOUTH YARRA
D A T E
D E S I G N E D
C H E C K E D
ODPFEB 2016
J O B N U M B E R
D R A W N ODP--
S C A L E
011
TP08D R A W I N G N O . R E V N O .
Nedovic_General_TP new.pln PRINTED:30/03/2016
1:100
FOR INFORMATIONONLY
ACN: 146 642 739
@A1 1:200 @A3
23.5
5
30.3
P'PE
T
22.8
8
22.7
9
22.8
7
22.6
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E
23.0
1
GM
22.8
8
23.5
7
FLO
OR
LEV
EL
23.1
0
23.2
323
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23.3
223
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23.6
2
23.6
8
23.9
223
.6923
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23.7
2
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P 2
5.6
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24.0
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24.2
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31.5
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31.5
P'PE
T
33.6
30.0
P'P
ET
28.3
P'PE
T
6.92
(20.
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CO
MM
'SP
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WAL
L
BLUESTONE DRAIN
HW
28.9
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28.0
S28
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HW
27.6
S29
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29.1
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28.1S30.0HHW
26.6HD&W
27.6S29.2HHW
26.8
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22.8
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22.7
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23.0
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24.0
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30.
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26.9
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27.8
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31.5
P'PE
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31.5
P'PE
T
33.6
30.0
P'P
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28.3
P'PE
T
30.4
626
9°59
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89°5
4'
6.98m
180°37'(2
0.78
)
90°1
0'
PARK STREET
GA
SM
ET
ER
23.4
5
FACE OF BLUESTONE KERB
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RIC
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CO
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WAL
L
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DE
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26.0
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28.0
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28.0
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27.6
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.2H
29.1
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.6H
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26.8
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22,730
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West Elevation
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2
23.5
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28.9
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23.5
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22.8
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PROPOSED SHADOWS
EXISTING SHADOWS
UNSHADED PRIVATEOPEN SPACE:
34m2 EXISTING26m2 PROPOSED
12pm
RO
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3.32
3.32
23.3
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PROPOSED SHADOWS
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20m2 EXISTING5m2 PROPOSED
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28.9
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23.0
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33.6
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9°59
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89°5
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6.98m
180°37'
(20.
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90°1
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FACE OF BLUESTONE KERB
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Page 11 of 35
DELEGATED PLANNING APPLICATION REPORT
Application number: TP-2015-906
Applicant: George Nedovic
Address: 88 Park Street, SOUTH YARRA VIC 3141
Proposal: Demolition of the existing dwelling and construction of a new two storey dwelling
Date of application: 7 October 2015
Responsible officer: Oh Young Lee
1 SUBJECT SITE AND SURROUNDS
Fig 1) Locality Plan
An inspection of the site and surrounding area was undertaken on 13 November 2015.
The subject site is located on the west side of Park Street and backs onto Council Laneway CL1448. Rectangular in shape, the site has a frontage of 6.92 metres to Park Street with a depth of approximately 30.46 metres, yielding a total area of approximately 211 square metres. The site has a gentle slope from east to west.
The site is currently occupied by a single storey brick dwelling with a front setback of approximately 3.27 metres. Once a group of three single storey row houses (along with 90 and 92 Park Street) the existing building on the site is not identified in the City of Melbourne’s Heritage Places Inventory 2015. This section of Park Street is a level 2 streetscape.
Vehicle access is provided via rear laneway. The façade of the existing dwelling, including the high solid brick fence, is painted white. Currently, the existing high brick fence screens the front garden and much of the front façade from view.
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The immediate surrounds include:
The adjoining dwelling to the north at 90 Park Street is a single-storey, D graded terrace of Victorian era, with a front setback of approximately 3.7 metres. The dwelling is built along the subject site’s common boundary. A contemporary two storey addition has been constructed towards the rear of the site under planning permit TP-1999-1299.
The adjoining building to the south at 86 Park Street is a double-storey Victorian terrace of C grading, with a front setback of approximately 3.27 metres. The site’s front fence comprises wrought iron on a brick base, revealing an open garden and terrace setting, containing one small tree. The rear of the building has been re-developed with a two-storey extension under the planning permit CM-17086 which is built to both north and south boundaries at ground level.
To the east of the site, across the laneway (approximately 3 metre in width), is the rear of 91 and 93-95 Leopold Street.
To the west of the site, on the north-west corner of St Martins Lane and Park Street, is a three-storey residential building constructed less than 10 years ago.
Park Street contains a mix of terrace housing and apartment buildings. The existing buildings are characterised by a wide variety of architectural styles, forms and sizes.
The applicant has indicated that the site is not affected by any easement or restrictive covenants.
Fig 2) Subject site (as indicated) and adjoining buildings – Park Street elevation
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Fig 3) Built form within Park Street, south of the subject site – subject site as indicated.
Fig 4) Built form within Park Street, north of the subject site – subject site as indicated.
2 BACKGROUND AND HISTORY
2.1 Pre-application discussions
A pre-application meeting was held on 12 August 2015 with the applicant, architect, Council’s planning officers and heritage advisor.
It was advised that:
Council is in support of the demolition of the existing dwelling.
In-principal support is given to the proposed two-storey built form, however alignment of the building front with the adjoining dwellings might be an issue.
Details of architectural expression and justification for variations to Rescode standards will need to be provided for assessment.
2.2 Amendments during process
The original application was received on 7 October 2015.
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As a response to a further information request dated 20 October 2015, the applicant submitted updated plans on 2 December 2015. These plans were advertised and received 26 objections.
As a response to objector concerns as well as those of Council officers, the applicant submitted further revised plans on 3 April 2016. These were circulated informally to all of the previous objectors and as a result one objection was withdrawn.
2.3 Planning Application History
There is no relevant history or background for this application.
3 PROPOSAL
The application seeks approval for the demolition of existing dwelling and the construction of a new two storey dwelling.
The plans which have been considered during the planning process are those advertised plans received on 2 December 2015 and the subsequently revised plans received on 3 April 2016, both of which prepared by Oliver du Puy Architects.
The revised drawings received 3 April 2016 form the basis of this assessement. Further details of the proposal are as follows:
Demolition of all existing building and works on the site, including the front fence.
Construction of a double-storey dwelling, comprising:
Ground floor: front terrace and garden, study, open plan kitchen, dining and living area, staircase, side courtyard, rear garden and car parking space;
First floor: front verandah, master bedroom with ensuite, two bedrooms with wardrobe, staircase, bathroom and laundry.
The key dimensions of the proposal are as follows:
Maximum building height of approximately 7.8 metres.
Maximum side setback of 1 metre from the east boundary on first floor and 1.4 metres from the north boundary on first floor.
Private open space of approximately 59.22 square metres (with 42.08 square metres being secluded private open space).
New front fence height of 1.8 metres.
The proposed materials for the addition are a mixture of Petersen brick to façade, timber screens, painted steel fence/balustrade and white render finish to walls.
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Fig 5) Proposed Ground Floor
Fig 6) Proposed First Floor
Fig 7) Proposed north-south section
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Fig 8) Perspective – south-easterly view
Fig 9) Perspective – north-easterly view
Page 17 of 35
4 STATUTORY CONTROLS
The following clauses in the Melbourne Planning Scheme require a planning permit for this proposal:
Clause Permit Trigger
Clause 32.09
Neighbourhood Residential Zone
Schedule 1
Pursuant to Clause 32.09-4, a permit is required to construct or extend one dwelling on a lot less than 300 square metres.
A development must meet the requirements of Clause 54.
Pursuant to Clause 5.0 of Schedule 1 to this zone, a building used as a dwelling or a residential building must not exceed a height of 8 metres.
Clause 43.01
Heritage Overlay
Schedule 6
Pursuant to Clause 43.01-1, a permit is required to demolish or remove a building and to construct a building or construct or carry out works.
Clause 43.02
Design and Development Overlay
Schedule 15-A1
Schedule 66
Pursuant to Clause 43.02-2, a permit is required to construct a building or construct or carry out work, unless a schedule to this overlay specifically states that a permit is not required.
Schedule 15 – A1:
Does not specifically exempt the proposed development.
Maximum building height limit is 12 metres.
Required built form outcomes are:
Buildings or works do not visually introduce upon vistas within the Royal Botanic Gardens or cast shadows on the Gardens between 11.00am and 2.00pm on 22 March and 22 September.
Development is compatible with the scale and character of the South Yarra area.
Schedule 66:
A permit is not required to construct a building or to construct or carry out works, including for any construction equipment associated with the buildings and works with a height less than the referral height specified in Table 1.
Table 1 specified a referral height for the Alfred Hospital of 25.7 metres (AHD). The proposed building height of 31.1 metres (AHD) excess the referral height, as such a permit is required
Pursuant to Clause 4.0 of this schedule, the application must be referred to Department of Health and Human Services.
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5 STRATEGIC FRAMEWORK
5.1 State Planning Policy Framework (SPPF)
The relevant provisions of the SPPF are summarised as follows:
Clause 15.01-1, Urban design principles, which seeks to ‘achieve architectural and urban design outcomes that contribute positively to local urban character and enhance the public realm while minimising detrimental impact on neighbouring properties’.
Clause 15.02-1, Energy and resource efficiency, which seeks to ‘encourage land use and development that is consistent with the efficient use of energy and the minimisation of greenhouse gas emissions’.
Clause 15.03-1, Heritage, which seeks to ‘ensure the conservation of places of heritage significance’.
5.2 Local Planning Policy Framework (LPPF)
5.2.1 Municipal Strategic Statement (MSS)
Clause 21.06-2 Heritage, which provides the relevant objectives and strategies as follows:
To conserve and enhance places and precincts of identified cultural heritage significance.
Conserve, protect and enhance the fabric of identified heritage places and precincts.
Within heritage precincts and from adjoining area protect buildings, streetscapes and precincts of cultural heritage significance from the visual intrusion of new built form.
Clause 21.16-1 St Kilda Road and South Yarra, includes the following statement:
‘In St Kilda Road and South Yarra, the educational, institutional and researchi facilities continue to be supported. As South Yarra is an area of stability with minimal potential for new development, residential amenity has been maintained and the area’s historic character and features have been preserved.’
The following statement is relevant in term of built environment and heritage:
Ensure development in South Yarra is sensitively designed so that it maintains the generally low scale nature of heritage streetscapes and buildings.
Encourage low rise sympathetic infill redevelopment and extensions that complement the architecture, scale and character of the residential areas in South Yarra.
5.2.2 Local Policies
Clause 22.05 – Heritage Places outside the Capital City Zone. This section seeks amongst other things:
To conserve all parts of buildings of historic, social or architectural interest which contribute to the significance, character and appearance of the building, streetscape or area.
To ensure that new development, and the construction or external alteration of buildings, make a positive contribution to the built form and amenity of the
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area and are respectful to the architectural, social or historic character and appearance of the streetscape and the area.
Clause 22.17 – Urban Design outside the Capital City Zone The objectives of the policy seek to ensure that the scale, siting, massing and bulk of development complements the scale, siting, massing and bulk of adjoining and nearby built form. In addition, this clause encourages unacceptable bulk in new development to be reduced and that the height of buildings relates to the prevailing patterns of height and scale of existing development in the surrounding area.
6 ZONE
The subject site is located within the Neighbourhood Residential Zone, Schedule 1 (NRZ1), which seeks:
To recognise areas of predominantly single and double storey residential development.
To limit opportunities for increase residential development.
To manage and ensure that development respects the identified neighbourhood character, heritage, environmental or landscape characteristics.
To implement neighbourhood character policy and adopted neighbourhood character guidelines.
As set out above at Section 4, a permit is required for the proposal pursuant to NRZ1. The maximum building height of a new building must not exceed 8 metres.
Decision guidelines are set out at 32.09-11, including:
The State Planning Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.
The purpose of this zone.
For the construction and extension of one dwelling on a lot, the objectives, standards and decision guidelines of Clause 54.
7 OVERLAYS
The subject site is affected by the Heritage Overlay HO6 (South Yarra precinct). The existing building is not graded in the City of Melbourne’s Heritage Places Inventory 2015. Park Street is identified as a level 2 streetscape.
As set out above at Section 4, a permit is required for the proposed demolition and building and works pursuant to HO6.
The purpose of the Heritage Overlay set out at Clause 43.01 includes:
‘To conserve and enhance heritage places of natural or cultural significance.
To conserve and enhance those elements which contribute to the significance of heritage places.
To ensure that development does not adversely affect the significance of heritage places.'
Decision guidelines are set out at Clause 43.01-4 including:
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‘The significance of the heritage place and whether the proposal will adversely affect the natural or cultural significance of the place.
Whether the location, bulk, form or appearance of the proposed building will adversely affect the significance of the heritage place.
Whether the location, bulk, form and appearance of the proposed building is in keeping with the character and appearance of adjacent buildings and the heritage place.
Whether the demolition, removal or external alteration will adversely affect the significance of the heritage place.’
The subject site is affected by Design and Development Overlay, Schedule 15 (A1 – South and East of the Royal Botanic Gardens). As set out above at Section 4, a permit is required for the proposed construction of a new building.
The design objectives of DDO15 include:
To ensure that the enjoyment of the Royal Botanic Gardens is not diminishes by overshadowing or visual intrusion from any new buildings or works.
To ensure that any new development or redevelopment is compatible with the existing scale and character of buildings in the area.
To protect the residential amenity of the area.
Pursuant to DDO15 , the maximum building height of a new building cannot exceed 12 metres and should meet the built form outcomes.
The site is also affected by the Design and Development Overlay, Schedule 66 (Hospital Emergency Medical Services Helicopter Flight Path Protection (Outer Area)). However, as set out at Section 4, no permit is required pursuant to DDO66.
8 PARTICULAR PROVISIONS
The relevant particular provision is Clause 54, One dwelling on a lot, which seeks to:
‘To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.
To achieve residential development that respects the existing neighbourhood character or which contributes to a preferred neighbourhood character.
To encourage residential development that provides reasonable standards of amenity for existing and new residents.
To encourage residential development that is responsive to the site and the neighbourhood.’
The requirements state that a development:
‘Must meet all of the objectives of this clause.
Should meet all of the standards of this clause.’
9 GENERAL PROVISIONS
The following general provisions apply to the application:
Clause 65, Decision Guidelines, which includes the matters set out in Section 60 of the Planning and Environment Act 1987.
Clause 66, Referral and Notice Provisions
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10 PUBLIC NOTIFICATION
It was determined that the proposal may result in material detriment. Notice of the proposal was given by ordinary mail to the owners and occupiers of surrounding properties and by posting 2 notices on the site for a 28 day period (extended period over Christmas and New Year season) in accordance with Section 52 of the Planning and Environment Act 1987.
11 OBJECTIONS
The application received a total of 26 objections, raising the following concerns (summarised):
Impact on heritage significance of the adjoining buildings and streetscape
Façade design and visual bulk
Inadequate front setback and alignment of building
Inaccurate notation of Nos. 84 and 86 Park Street as single storey on the plans
Overdevelopment of the land
Impact on the amenity of the adjoining dwelling to the south at 86 Park Street, including overshadowing and loss of daylight to windows (skylights)
Impact on the amenity of the adjoining dwelling to the north at 90 Park Street, including overlooking to SPOS and front garden
Draft amended plans were received on 3 April 2016 in response to concerns raised by Council officers and objectors and were circulated informally to all objectors.
Five objectors submitted further objections in relation to the revised plans, generally maintaining the concerns listed above. One objection was withdrawn.
12 CONSULTATION
Given the receipt of the above objections, the following consultation was undertaken:
Formal advertising of the application
Meetings and discussions took place between the applicant and their representatives; Council’s planning officer, heritage advisor and urban designer to discuss heritage, urban design and amenity concerns.
Objections were forwarded to the applicant who provided a written response along with a heritage report prepared by an independent heritage consultant and revised draft plans.
Draft revised plans were circulated informally to all objectors.
13 REFERRALS
13.1 Internal The application was referred to the following areas of Council for comment:
13.1.1 Engineering
Traffic Engineering
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The proposed dwellings meet the parking requirements of Melbourne Planning Scheme. There is no loss of on-street parking or alterations required resulting from the development.
No vehicle swept path diagrams have been provided. It is requested that the applicant submit plans showing that vehicle access into the rear car parking space can be achieved given the lane way (CL1448) is narrow.
Engineering Service requires that the applicant submit vehicle swept path diagrams.
Waste Management Plan dated 18 November 2015 is acceptable.
Based on the above comments, should a permit be issued, a condition will require the submission of vehicle swept path diagram to demonstrate manoeuvring of vehicle to the rear car park space.
Civil Design
Civil Design has not raised any specific issues. Standard conditions and notes as recommended will be imposed should a permit be issued – See DM#9618797.
13.1.2 Heritage
The advertised plans received on 2 December 2015 were referred to Council’s Heritage Advisor, who raised issues with the front setback, building height and architectural expression (verbal advice only).
On 18 February 2015, the Heritage Advisor met with the architect to discuss the above matters, who agreed to revise the plans further.
The revised draft plans (informally provided to all objectors) received on 3 April 2016 were referred to Council’s Heritage Advisor, who provided the following comments:
I am persuaded that the proposed development satisfactorily meets the policy objectives in relation to heritage impact.
Demolition is not of any concern.
I had initially held the view that any replacement building ought to bear a direct relationship to the remnant two parts of the original three part single storey terrace row to which it once belonged at Nos. 90 and 92 Park St. Conversely the applicant sought to illustrate the good fit of the proposed new building by suggesting that the two storey buildings to the south at Nos. 84 and 86 were the more relevant neighbours.
While a preferred heritage outcome would see a new infill respond to its heritage host at Nos. 90 and 92 I acknowledge that there is no policy imperative to do so.
The assessment of the proposed new infill as being an appropriate fit needs to be undertaken with reference to the broader heritage place. According to this test the proposed infill building satisfactorily responds to the heritage place.
13.1.3 Urban Design
Upon reviewing the advertised plans received on 2 December 2015, Council’s Urban Design Department has raised issues in the areas of response to context, building alignment, building elevations and street edge/fencing (full comments can be viewed at DM# 9599387) whilst providing a general support to the proposal.
In terms of recommendations, it is summarised as follows:
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‘Generally we are supportive of the proposed design which draws clear references to the rhythm and proportion of valued heritage built form in the surrounds, whilst clearly distinguishing itself in material and detail. However our support is conditional on the following revisions:
Ensure the front setback is equal to or greater than the average of adjoining allotment;
Adoption of an open parking structure to reduce the site coverage, crowding of the rear yard area, whilst increasing the width of glazing to the deep living area;
Provision of a simple landscape concept plan by a qualified Landscape Architect to demonstrate the viability of planting within open areas of the site;
Lowering of the front fence height or use of a material with a higher degree of visual permeability; and
Explore larger openings at the upper level with alternative screening measures such as horizontal blades.’
The revised draft plans (those informally provided to all objectors) received on 3 April 2016 were deemed to have addressed most of the above recommendations and Urban Design has not raised any concerns.
13.2 External Pursuant to Section 55 of the Act, the application was referred to Department of Health and Human Services (DHHS), who provided the following comments:
‘The Department of Health and Human Services has determined that the proposed development will be approximately 20m below the elevation of the helicopter flight path obstacle limitation surface and therefore will have no impact on the Emergency Medical Services helicopter operations into the Alfred Hospital. On this basis, we has no objections to the proposed development, however request the following condition is place on any planning permit to minimise impact on helicopter operations during construction: Prior to commencement of the development, consultation with and approval is
to be obtained from the Department of Health and Human Services in relation to the location and height of any temporary construction equipment which exceeds the height of 51.2m AHD.’
14 ASSESSMENT
The application seeks approval for partial demolition and construction of alterations and additions to the existing dwelling. The key issues for consideration in the assessment of this application are:
Heritage
Potential amenity impacts
Urban design
Environmentally sustainable design
Issues raised by the objectors
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These issues are addressed in the following sections.
14.1 Heritage
The following assessment is provided against the performance standards of Clause 22.05 of the Melbourne Planning Scheme and the objectives and decision guidelines of Clause 43.01 Heritage Overlay.
14.1.1 Demolition
Once a group of three single storey polychromatic brick row houses (along with 90 and 92 Park Street located to the north of the site), the existing building on the site was graded ‘E’ in the South Yarra Conservation Study 1984. In the Heritage Review undertaken in 1999 the building was not identified with any individual grading as the house was no longer considered to visually relate to Nos. 90 and 92. The existing building has been extensively rebuilt since its inception which has significantly diminished its integrity within the row. The subject dwelling is therefore considered to be of no heritage significance, as identified by its lack of grading in the City of Melbourne’s Heritage Places Inventory 2015. It is not considered that the demolition of the ungraded dwelling will adversely affect the significance of the South Yarra Precinct. The subject building does not provide a contributory element to the precinct. Its demolition would not diminish the heritage value of the Park Street streetscape, which is characterised by a mix of terrace housing and apartment buildings of diverse architectural styles, forms and sizes. Equally, considering the impact of the demolition on the broader heritage overlay area (South Yarra Precinct), the loss of this relatively minor element of no heritage value will not adversely affect the significance of this large and diverse area. The proposed demolition has been supported by the Council’s Heritage Advisor.
On this basis, it is concluded that the demolition of the subject building is acceptable, recognising the need to also consider the impact of the proposed replacement building.
14.1.2 Form
The proposed two storey new building is considered suitably respectful and the design expression is interpretive of the Victorian terrace typology. The façade height and architectural expression reference the adjacent terraces to the south whilst at the same time ensuring that the new dwelling does not result in a direct re-production of the adjoining heritage building. The design and shape of the new building clearly distinguishes it from the original heritage buildings in the vicinity and will not detract from, or diminish, the appreciation of the heritage places.
14.1.3 Façade pattern and colour
The proposed façade pattern incorporates a balcony with three bays containing windows and door openings and a front courtyard visible through the front fence, which is interpretative of the two storey terraces along Park Street. The proposed colours are considered to be appropriate for the site and are respectful of the heritage dwellings within the area. Particularly, the choice of neutral colour palette is consistent with the adjacent heritage streetscape and will assist in minimising the perceived bulk and scale of the new building.
14.1.4 Materials
The choice of materials and finishes, including face brick (high quality hand-made bricks), render, metal finishes (front fence and balustrade) and timber screens, is respectful of the heritage streetscape and will not detract from the existing heritage buildings.
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14.1.5 Details
The details of the new building are considered to appropriately relate to the existing heritage streetscape, whilst avoiding any direct reproduction of adjoining heritage buildings. The proposed window proportions, slender pilasters and timber screens, metal front fence (which has a similar height with those of the neighbours but allowing for more visual permeability) and balustrade are interpretive and appropriately articulate the visible aspects of the building with modernist expression, whilst being respectful of the site’s heritage context.
14.1.6 Façade height and setback
The proposed dwelling is in line with the adjoining double storey Victorian terraces to the south of the site with the front setback generally consistent with the adjoining buildings. The façade height and position is considered to be an appropriate response to the site. The building will not dominate the adjoining dwellings graded C (to the south) and D (to the north), but instead will fit comfortably within the streetscape.
14.1.7 Building height
The proposed height of the double storey dwelling is considered to offer an appropriate transition from the existing single storey dwelling on the subject site and to the north of the subject site, to the two storey Victorian terraces to the south. The height of the proposed dwelling is respectful of the existing character and scale of adjoining buildings and the streetscape which consists of single to three storey built form. Councils Heritage Advisor has no objections to the siting or proposed height of the dwelling.
14.2 Potential Amenity Impacts
ResCode (Clause 54) is the tool which is used to determine what constitutes ‘reasonable’ amenity impacts from new developments of this nature. The most relevant matters relating to ‘amenity’ are summarised below:
14.2.1 Integration with street
The proposed dwelling will be oriented to front Park Street and will provide observation of the street via a number of large front windows/doors and balcony. The originally proposed high, solid front fence has been deleted and replaced with a permeable fence in the revised drawings which is better outcome from both urban design and heritage perspectives.
The development appropriately integrates into the surrounding area. The proposed development has direct pedestrian access via Park Street; provides a visually permeable front fence which will positively contribute to engaging with the street and provide a sense of openness to the public realm as opposed to the existing high, solid fence. Vehicular access is solely from the rear laneway, consistent with the established character of the area.
14.2.2 Street setback
The front setbacks of adjoining dwellings are approximately 3.7 metres at 90 Park Street and 3.178 metres at 86 Park Street. The standard requires front setback of 3.439 metres for the new dwelling and the proposed front setback, as shown on the plans, is approximately 3.266 metres from the site boundary to the front wall of the building. The proposal therefore seeks a variation to the standard.
The proposed variation is considered acceptable for the following reasons:
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The proposed front setback for the new building is almost equal to that of the existing dwelling on the site, which has a 3.3 metre setback.
The variation to the standard is marginal (0.173 metres) and the proposed front setback provides an appropriate level of transition between the setbacks of the two adjoining dwellings without disturbing the existing building line patterns.
The proposed front setback is generally consistent with the adjoining property at No 86 and many of the nearby lots and retains a suitable distance to the streetscape. It will also allow for sufficient space to plant vegetation within the front garden.
14.2.3 Site coverage
The proposed site coverage is approximately 66 per cent which is considered acceptable given that the existing site coverage is approximately 63 per cent which itself already exceeds the requirement of Standard A5. The increase in the site coverage by the proposal is considered minor and on a relatively small site in an inner city location non-compliance with this standard is not uncommon. Surrounding properties also demonstrate site coverage far greater than the 60%. In this context the proposal is considered to be respectful of the existing neighbourhood character.
14.2.4 Energy efficiency protection
The proposed new dwelling will not be northerly oriented by virtue of the site constraints. However, it is designed to maximise the natural light into the open plan kitchen/dining/living area on the ground floor via large north facing doors open to the light court as well as fully-glazed sliding doors to the open space at the rear of the site. The proposal is not considered to unreasonably affect the energy efficiency of adjoining properties.
14.2.5 Side and rear setbacks
A variation is sought in relation to setbacks from the north and south boundaries.
The setback requirement of the northern wall to the internal courtyard is 2.49 metres based upon a wall height of 7.4 metres. The proposed setback of 1.451 metres does not comply with the standard, above 5 metres on the first floor. In this instance, it is considered acceptable given that the built form of the first floor level of the adjoining dwelling to the north is angled and recessed from the common boundary that the proposed reduction in side setback would not result in unreasonable amenity impacts on the adjoining dwelling.
The setback requirement of the first floor wall to the south boundary, based on the wall height of first floor being 3.7m above FFL, is 1.03 metres. The proposed setback on the first floor, as shown on the revised plans submitted on 3 April 2016, is 0.5 metres in the mid-point to bathroom and laundry and 1 metre to a bedroom. It is noted that since the submission of the revised plans, the applicant has agreed to provide a minimum of 1 metre setback to bathroom and laundry as well (via a condition). The following discussion is therefore based on a 1 metre setback from the south boundary.
Whilst the proposed setback marginally exceeds the standard it is not considered to adversely affect the amenity of the adjoining dwelling at 86 Park Street. The dwelling at No 86 has two small windows on the north elevation which would not currently provide a significant amount of sunlight. Together with the existing setback of 1.15 metres provided on the first floor of 86 Park Street, the proposed 1 metres setback will form a sufficient light court (a total of 2.215m).
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Fig 12) North-facing habitable room windows on first floor of adjoining dwelling at 86 Park Street
For the reasons above, the proposed variation is considered acceptable and is consistent with the existing character of the area, where minimal setbacks and building to the boundary are common, allowing for an improved utilisation of the space within the narrow block.
14.2.6 Walls on boundary
The proposal involves new walls to both south and north boundaries. The length of new boundary walls is considered acceptable given the high proportion of boundary walls in the immediate area. Therefore, the height of the walls is the primary concern in the below assessment.
The southern boundary wall is deemed acceptable as it abuts the existing two storey wall of the adjoining property at No 86 Park Street.
The new wall on the north boundary partly abuts the existing wall of the two storey rear addition at No 90 Park Street (almost wall-to-wall), which is considered acceptable. The front portion of this new wall, with a height of between 7.6 metres and 7.8 metres, will be built against a single storey portion of the existing dwelling. The potential for amenity impact on the adjoining dwelling is however limited as the new wall will not be against any sensitive area such as private open space or habitable room windows nor will it result in overshadowing. In addition, the materials and colours of the new wall will mitigate the visual impact of the two storey built form when viewed from the adjoining property and the street.
Overall, even though the proposed height of the boundary wall exceeds the recommended maximum height under the standard, the site specific circumstances mean that there would be limited impacts on the amenity of adjoining properties. Furthermore, double storey boundary walls are prevalent on surrounding sites.
For these reasons, the location, length and height of the proposed boundary walls are considered to respect the neighbourhood character and limit the impact on the amenity of existing dwellings.
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14.2.7 Daylight to existing windows
Daylight penetration to the habitable room windows of the neighbouring development would not be adversely affected. All the existing habitable room windows are provided with a light court as per the standard.
One objector is concerned that the skylights over the ground floor living/meals area of 86 Park Street are habitable room windows and as a result of the proposed development the natural sunlight to this room will be lost. It is however noted that Standard A12 only refers to the existing windows located opposite the proposed building, not those on the opposite side of the building. Furthermore, the objective and standard of this clause do not refer to skylights.
Further to this, as discussed in section 14.2.9 of this report, the loss of natural light currently enjoyed via skylight is not considered unreasonable given that the room has the secondary and a more significant source of natural light from the fully glazed opening to the rear deck/open space.
14.2.8 North facing windows
There are two north-facing habitable room windows on the first floor of the dwelling at 86 Park Street located within 3 metres of a boundary. According to Standard A13 the minimum setback required is 1 metre from the south boundary. The proposed setback of 1 metre to the new wall complies with the standard.
14.2.9 Overshadowing open space
Due to the site’s orientation the potential shadow impact is limited to the adjoining property to the south at 86 Park Street.
The shadow diagram submitted by the applicant demonstrates that the shadow cast by the proposed building would be greater than the shadow cast by the existing structures between the hours of 11am and 3pm.
At 9am and 10am there will be no additional shadow cast by the proposal over the secluded private open space (SPOS). The existing unshaded SPOS of 86 Park Street is 24 and 27 square metres, respectively.
Between 11am and 12pm the increase is marginal (by 1sqm and 3sqm respectively), with unshaded SPOS being 30sqm and 33sqm, respectively.
Between 1pm and 2pm the overshadowing by the development will not affect more than half the area of SPOS.
At 3pm the increase in overshadowing will be the most significant, with only 5 square metres of SPOS unshaded. However, as mentioned above, the proposal will allow for 5 hours (between 9am and 2pm) of fairly unobstructed sunlight to the SPOS of 86 Park Street. Although the provision states that any area that is already outside the standard should not be further impacted, in this instance it is considered acceptable where the existing built form and setting restrains apply, particularly given that a strict compliance with the standard is almost unachievable in a small lot such as this within an inner city setting.
Overall it is considered that no adjoining property will be unreasonably impacted. It is also noted that the shadow diagram provided by the applicant is not reflective of the agreed setback of 1 metre to first floor bathroom and laundry, hence the impact depicted on these plans is likely to be reduced further as a result of this change.
With regard to the objector’s concerns about overshadowing of two skylights located at the roof of the ground floor kitchen/family area and light court, all of which located on the northern edge of adjoining dwelling at 86 Park Street, it is considered that:
One of the two skylights is to the pantry, which is not a habitable room.
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The existing light court and the skylight which may experience some of shadow from the proposal (although it is unclear from the shadow diagrams) are already overshadowed partially by the existing vegetation along the southern edge of the subject site.
The applicant has agreed to a condition to provide a minimum 1 metre setback to the first floor walls located adjacent to these skylights, which would further reduce the impact.
The objective and standard for overshadowing refers to impact on secluded private open space, not habitable room windows or private open space.
It is also noted that the family room has access to daylight through full width glazing directly open to the private open space at the rear of the property and the existing skylight is not the only source of daylight to this room.
For the reasons above, it is not considered that the impact on the amenity of the adjoining dwelling, particularly in relation to the existing skylight as raised by the objector, will be unreasonably impacted by the proposal.
14.2.10 Overlooking
The plans show 1.2 metre high screens to both bedroom windows facing east. These windows have the potential to overlook the SPOS of 86 and 90 Park Street as well as 91 and 93-95 Leopold Street. A condition will require the screen to these windows to be increased to 1.7 metres to comply with the standard.
Concerns were raised by objector regarding potential overlooking to the front garden of 90 Park Street from the north facing opening on the first floor balcony which has a 1 metre high permeable balustrade. It is considered that:
A front garden is not considered a ‘secluded private open space’ for the purpose of Clause 54. The front garden is accessible from the dwelling’s entry door and front gate facing the primary street (Park Street) and is not associated with a living area of the dwelling.
This dwelling’s private open space, including the main secluded private open space to the rear, light court on the side and first floor rear balcony, will not be affected by overlooking and / or will be appropriately screened via condition to a permit as discussed above.
Should there be any potential overlooking caused by the proposed first floor font balcony, it will not be to an unreasonable degree as it is likely that the views would be to the verandah roof of the adjoining dwelling.
It is additionally noted that the objective of this clause is to limit views but not completely conceal views.
Therefore it is not considered that the north facing opening of the first floor balcony will require a higher screen to conceal any potential overlooking of the existing front garden of 90 Park Street.
14.2.11 Front fence
The proposed steel front fence with a height of 1.8 metres exceeds the 1.5 metres required under Standard A20. It is however considered acceptable given the appearance and character of the existing front fences on the adjacent sites. The proposed front fence will comfortably sit within the area where existing front fences have various forms, materials and heights. The proposed permeable steel fence will allow for a sense of openness and safety.
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14.3 Urban Design
Urban Design polices at Clause 22.17 of the Melbourne Planning Scheme seek to achieve high quality urban design and architecture that responds positively to local urban character.
The proposed development is considered to maintain the existing pattern of the street which is characterised by dwellings which are generally built from boundary to boundary at single to three stories in height. The new dwelling will generally align with the façades of the adjoining buildings, particularly with the two-storey Victorian terraces to the south of the site. The proposed front, side and rear setbacks are generally consistent with the adjoining built form and ensure the development will not be out of context with the area.
The design of the proposed dwelling with varying materials and articulated façades ensures that the building is sympathetic to the valued heritage built form in the surrounds as well as the street, whilst clearly distinguishing itself in materials and detail. The use of high quality materials in neutral colours will ensure that the new building does not present as overly bulky to the public realm, in addition to the permeable front fence and balustrade which provides a more inclusive interface with the street.
With consideration for Clause 22.17 and Design and Development Overlay 15, the proposal is considered to be acceptable from an urban design perspective for the following reasons:
The proposed building is well articulated with setbacks, windows, balconies and varied materials.
The proposal maintains the prevailing setback within the street.
The proposed dwelling has adequate amenity with open plan living areas, access to natural ventilation and daylight and balconies.
The relationship between the building and the street is improved with a more inclusive and permeable interface with the street.
The proposed design of the new dwelling is acceptable in the urban context with a requirement to be interpretive but not a direct re-production of the heritage style within the area.
Overall, the scale, bulk, design and resulting visual amenity of the proposed development is considered appropriate for the site and the surrounding context and compatible with the character of South Yarra. The proposal is consistent with the objectives and decision guidelines of Clause 22.17 and Clause 43.02, Schedule 15.
14.4 Environmentally sustainable design
Clause 22.19, Energy, Water and Waste, is relevant and includes policy objectives at Clause 22.19-2 and policy requirements at Clause 22.19-3. In addition, Clause 22.19-4 requires all applications to include a Waste Management Plan (WMP) and an Environmentally Sustainable Design (ESD) Statement. In terms of the ESD Statement, Clause 22.19-4 states that:
‘Applications for buildings under 2,000 square metres in gross floor area must provide a statement demonstrating that the building has the preliminary design potential to achieve the relevant required Performance Measures set out in clause 22.19-5.’
The relevant performance measure is:
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A Waste Management Plan prepared in accordance with the current version of the City of Melbourne’s Guidelines for Waste Management Plans.
For accommodation up to 5000 square metres gross floor area - 1 point for Wat-1 credit under a current version of the Green Building Council of Australia’s Green Star – Multi Unit Residential rating tool or equivalent.
The Waste Management Plan submitted with the application was reviewed by Engineering Serviced was considered acceptable.
The ESD Statement submitted by the applicant states that the proposal has been designed to include a number of ESD initiatives as follows:
Deep eaves protecting directing sun penetration from the west;
Maximises north facing windows and minimises south facing windows where possible to passively moderate internal temperatures on both levels;
Extensive planting and vegetation for shading and cooling effect to the north and west;
Passive cross ventilation where possible throughout the residence;
External shading devices to minimise heat gain;
High level insulation throughout;
Solar hot water system;
Utilisation of rainwater tanks;
Double glazed windows throughout, windows in bedrooms openable for ventilation;
Recycled materials to be used where possible, including low VOC paints and sustainably-sourced timber;
Energy efficient fixtures to be selected; and
High level thermal mass with concrete slab construction.
The above ESD measures, along with the Waste Management Plan and an STORM Rating report, are deemed to indicate that the proposal will achieve the objectives set out in Clause 22.19-04 of the Melbourne Planning Scheme.
14.5 Issues raised by objectors
Heritage impact on the adjoining buildings and streetscape
It is considered that the proposed development will not adversely affect the heritage value, appearance, character of the existing heritage places, streetscape and the heritage precinct. Heritage concerns are discussed in detail in section 14.1 of this report.
Façade design and visual bulk
It is considered that the proposed building generally achieves a building bulk, height and articulation that is compatible with the scale and character of the site context and Park Street. Further discussion is provided in section 14.1 and 14.3 of this report.
Inadequate front setback and alignment of building
The front setback, building height and alignment of the proposal are considered compatible with other buildings in the surrounding area. Further detail is provided in sections 14.1.6, 14.2.2 and 14.3 of this report.
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Inaccurate notation of Nos. 84 and 86 Park Street as single storey on the plans
These buildings are two storey Victorian terraces as described in section 1 of this report. The site context plan submitted by the applicant also shows these buildings being two storey. It is therefore considered a typo in some of the drawings which has not affected this assessment.
Overdevelopment of the land
As discussed throughout various sections of this report, the proposed two storey built form with its scale, massing, site coverage and design details, is considered appropriate in the context of the site and surrounds and does not represent an overdevelopment of the land. The proposal is consistent with the existing scale and character of the area.
Impact on the amenity of the adjoining dwelling to the south at 86 Park Street, including overshadowing and loss of daylight to windows (skylights)
These issues are discussed in the relevant sections of the Rescode assessment, i.e. 14.2.5 – 14.2.9.
Impact on the amenity of the adjoining dwelling to the north at 90 Park Street, including overlooking to SPOS and front garden
This is discussed in section 14.2.10 of this report.
14.6 Conclusion
In summary, the proposed development is considered to appropriately respond to the context of the site and surrounds, is respectful of the character of the streetscape and the heritage precinct; and would not unreasonably impact on the amenity of adjoining properties.
15 RECOMMENDATION
It is considered that the proposal is consistent with the relevant sections of the Melbourne Planning Scheme, as discussed above, and that a Notice of Decision to Grant a Permit be issued for the proposal subject to the following conditions:
1. Prior to the commencement of the development (including demolition or construction or carrying out of works) on the land, two copies of plans drawn to scale must be submitted to the Responsible Authority generally in accordance with the plans received on 3 April 2016 but amended to show:
a) The two east-facing bedroom windows at first floor screened to a height of 1.7 metres in accordance with the requirements of Clause 54.4-6 Overlooking.
b) A minimum 1 metre setback to southern wall of bathroom and laundry at first floor to match the setback of bedroom wall with no reduction in the width of internal courtyard on the northern side of dwelling.
c) A simple landscape concept plan prepared by a qualified landscape architect to demonstrate the viability of planting within open areas of the site.
d) Vehicle swept path diagram to demonstrate that vehicle access into the proposed parking space at the rear of the site can be achieved via the laneway (CL1448).
These amended plans must be to the satisfaction of the Responsible Authority and when approved shall be the endorsed plans of this permit.
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2. The development as shown on the endorsed plans must not be altered or modified unless with the prior written consent of the Responsible Authority.
3. Prior to the commencement of the development a schedule and samples of all external materials, colours and finishes must be submitted to, and approved by the Responsible Authority. The schedule (material board) must show the materials, colours and finishes of all external walls, roof, windows frames, glazing types, doors, balustrades, fences, screens and paving and any other structures resulting from the development.
4. No architectural features, plant and equipment or services other than those shown on the endorsed plans are permitted above roof level, unless with the prior written consent of the Responsible Authority.
5. All service pipes, apart from roof down pipes, must be concealed from the view of a person at ground level within common areas, public thoroughfares and adjoining properties to the satisfaction of the Responsible Authority.
6. Landscape works as shown on the endorsed plans must be completed within 12 months from the completion of the development to the satisfaction of the Responsible Authority and subsequently maintained to the satisfaction of the Responsible Authority.
7. Prior to the commencement of the development (including demolition or bulk excavation), a detailed construction and demolition management plan must be submitted to, and approved by, the Responsible Authority – Construction Management Group. This Construction Management Plan must be prepared in accordance with the City of Melbourne Construction Management Plan Guidelines and is to consider the following:
a) Public safety, amenity and site security.
b) Operating hours, noise and vibration controls.
c) Air and dust management.
d) Stormwater and sediment control.
e) Waste and materials reuse.
f) Traffic management.
8. Prior to commencement of the development, consultation with and approval is to be obtained from the Department of Health and Human Services in relation to the location and height of any temporary construction equipment which exceeds the height of 51.2m AHD.
9. All projections over the street alignment must be drained to a legal point of discharge in accordance with plans and specifications first approved by the Responsible Authority – Engineering Services.
10. The title boundaries for the property may not exactly agree with the road alignment of the abutting Council lane(s). The approved works must not result in structures that encroach onto any Council lane.
11. Prior to the commencement of the development, a stormwater drainage system incorporating integrated water management design principles must be submitted to, and approved by the Responsible Authority – Engineering Services. This system must be constructed prior to the occupation of the development and provision made to connect this system to the City of Melbourne’s stormwater drainage system.
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12. The footpath(s) adjoining the site along Park Street must be reconstructed together with associated works including the reconstruction or relocation of kerb and channel and/or services as necessary at the cost of the developer, in accordance with plans and specifications first approved by the Responsible Authority – Engineering Services.
13. Existing street levels in Park Street and CL1448 must not be altered for the purpose of constructing new vehicle crossings or pedestrian entrances without first obtaining approval from the Responsible Authority – Engineering Services.
14. Existing public street lighting must not be altered without first obtaining the written approval of the Responsible Authority – Engineering Services.
15. No street trees adjacent to the site may be removed, lopped or pruned without the prior consent of the Responsible Authority. All costs in connection with the removal, relocation or replacement of the tress, including any payment for the amenity value of a tree to be removed, must be met by the developer/owner of the site.
16. This permit will expire if one of the following circumstances applies:
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.
The Responsible Authority may extend the permit if a request is made in writing before the permit expires, or within six months afterwards. The Responsible Authority may extend the time for completion of the development if a request is made in writing within 12 months after the permit expires and the development started lawfully before the permit expired.
NOTE.
All necessary approvals and permits are to be first obtained from the City of Melbourne and the works performed to the satisfaction of the Responsible Authority – Manager Engineering Services Branch.
16 DECISION
In accordance with the ‘Delegation Policy for Planning Applications’ the application will be presented to the next available FMC meeting as it has given rise to substantial public objection (there being a quantity of 16 or more non-identical submissions) and is not recommended to be refused.
Signature: Date affirmed:
Oh Young Lee
Planning Officer
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