Planning & Amenity Committee Agenda - City of …...Planning & Amenity Committee Meeting Tuesday, 12...

For a meeting of the

Planning & Amenity Committee

to be held in the Council Chambers, Civic Centre, Boxshall Street, Brighton

on

Tuesday, 12 May 2015

Commencing at 7:00pm

Chairperson: Cr Alex del Porto

Councillors: Cr Felicity Frederico (Mayor) Cr Laurence Evans

Cr Michael Heffernan Cr James Long BM JP Cr Bruce Lowe

Cr Heather Stewart

Planning & Amenity Committee Agenda

Page 1 of 151

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 the 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 gallery 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 Chairperson, remove from a meeting any Councillor or other person who has committed such an offence. In the absence of an Authorised Officer the Chairperson may cause to be removed from a meeting any Councillor or other person who has committed such an offence. Your co-operation is appreciated Chairperson of Committee

Planning & Amenity Committee – Schedule of Meetings

Tuesday 9 June 2015 Tuesday 14 July 2015

Tuesday 11 August 2015 Tuesday 8 September 2015 Tuesday 13 October 2015

Tuesday 17 November 2015 Monday 7 December 2015

Page 2 of 151

BAYSIDE CITY COUNCIL

Planning & AMENITY COMMITTEE Meeting Tuesday, 12 MAY 2015

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

Index

1. Apologies

2. Declarations of Interest

3. Confirmation of the minutes of the Planning & Amenity Committee held on

4. Matters for Decision

4.1 477 & 479 HIGHETT ROAD AND 1 MAJOR STREET HIGHETT

SUPPORT

APPLICATION NO: 2014/930/1 WARD: CENTRAL

5

4.2 125-127 CENTRE ROAD BRIGHTON EAST

NOTICE OF DECISION TO GRANT A PERMIT

APPLICATION NO: 2014/633/1 WARD: NORTHERN

28

4.3 8 HIGH STREET BEAUMARIS



46

4.4 28 TENNYSON STREET SANDRINGHAM


APPLICATION NO: 2011/377/2 WARD: SOUTHERN

69

Page 3 of 151

BAYSIDE CITY COUNCIL

PLANNING & AMENITY COMMITTEE MEETING TUESDAY, 12 MAY 2015

4.5 1 FLORIDA AVENUE BEAUMARIS


APPLICATION NO. 2014/61/1 WARD: SOUTHERN

93

4.6 416 BLUFF ROAD HAMPTON



117

4.7 6 FLORENCE STREET BRIGHTON EAST

SUPPORT

APPLICATION NO: 2013/386/1 WARD: NORTHERN

126

Page 4 of 151



4.1

477 & 479 Highett Road and 1 Major Street Highett Support Application No: 2014/930/1 Ward: Central

City Strategy - Statutory Planning

File No: 2014/930/1

APPLICATION DETAILS

Land/Address: 477 & 479 Highett Road and 1 Major Street Highett

Application is for:

Construction of a three-storey residential building and basement comprising 43 dwellings, front fence exceeding a height of 1.2 metres and reduction of car parking requirement

Melway Reference: 77 E9

Ward: Central Ward

Application Number: 2014/930/1

Applicant's/Owner's Name: Bowden Planning

Date Received: 22 December 2014

Statutory Days Expiry: 20 February 2015

Zoning: General Residential Zone Schedule 5 (GRZ5)

Overlays:

Special Building Overlay (SBO)

Design and Development Overlay Schedule 5 (DDO5)

Under what clause(s) is a permit required?

Clause 32.08-4 (GRZ)

Clause 44.05 (SBO)

Clause 43.02-2 (DDO)

Clause 52.06 (Car Parking)

Restrictive covenants on the title? No

Current use and development: Three dwellings

Objections: Eighty-five (85) Statement of Grounds were received by Council.

PREAMBLE

The applicant has lodged an appeal with the Victorian Civil and Administrative Tribunal (VCAT) under section 79 of the Planning and Environment Act in respect of Councils failure to determine the application within the prescribed time. Council cannot make a final decision on the application, but can make a determination as to whether or not to support the application.

Page 5 of 151



PROPOSITION

It is recommended that Council support the application.

PROPOSAL

The application seeks to construct a three storey building comprising 43 apartments and a basement car park, a front fence exceeding a height of 1.2m and a reduction of the visitor car parking requirements.

The building will have a maximum height of 9.5 metres when measured from ground level.

The building will be finished in light and dark coloured render with zinc and dark metal panels, powder coated aluminium handrails and door and window frames in charcoal and galvanised louvers and outriggers in a natural finish, and comprise the following: Basement Level

Forty-six (46) car spaces including three (3) visitor car spaces; One lift and one stair well; Water tank & communal bin storage; Forty-three storage units approximately 6 cubic metres each; and Thirteen bicycle spaces. Ground Floor Level

Vehicle access to basement off Highett Road (abutting western boundary); Pedestrian entry to dwellings off Major Street; Fifteen apartments ranging from 52 to 82 square metres in area; Each apartment will at a minimum comprise a bathroom, laundry and open plan

kitchen/dining/living room and a courtyard ranging in size from 20 to 77 square metres; One (1) of these apartments will comprise one (1) bedroom; Fourteen (14) of these apartments will comprise two (2) bedrooms; and A 1.7 metre high blockwork fence will extend along both the Highett Road and Major Street

frontages.

Second Floor Level

Fifteen two bedroom apartments ranging from 61 – 81 square metres in area; and Each apartment will at a minimum comprise a bathroom, laundry and open plan

kitchen/dining/living room and a balcony ranging in size from 8.0 to 22 square metres.

Third Floor Level

Thirteen two bedroom apartments ranging from 60 – 74 square metres in area; and Each apartment will at a minimum comprise a bathroom, laundry and open plan

kitchen/dining/living room and a balcony ranging in size from 8.0 to 44 square metres.

Page 6 of 151



SUBJECT SITE & LOCALITY

An inspection of the site and the surrounding area has been undertaken.

The site is located on the south-west corner of the Highett Road and Major Street intersection. The site comprises three allotments with a combined area of 1972 square metres. The respective lots contain one detached single storey dwelling each. The land is relativity flat and contains scattered exotic and native vegetation. Of note is a large Red Ironbark (Eucalyptus sideroxylon) within the rear setback of 1 Major Street.

Highett Road is a Road Zone Category 2. Major Street is a local residential street which terminates a short distance to the north.

To the north, east and west are residential properties of varying sizes and styles. The adjoining properties are described as follows:

To the north at 3-5 Major Street are five single storey attached dwellings. Units 3, 4 and 5 are setback 3.04 metres from the subject site. This setback contains south facing private open space.

To the west at 475 Highett Road is a single storey dual occupancy in a tandem configuration. The rear dwelling is accessed via a driveway which abuts the eastern common boundary.

To the south, on the opposite side of Highett Road is a single storey commercial building.

To the east, at 481 Highett Road on the north eastern corner of Highett Road and Major Street is a single storey brick dwelling. An application to construct a multi-storey mixed-use building on this site is currently being considered by Planning Officers (Planning Permit Application No. 2015/47). This building is proposed to comprise 37 dwellings.

The subject site is located near to the Highett shopping precinct, and more broadly, is located within the wider Highett Activity Centre. The centre comprises a number of more recent buildings standing up to five stories. The site is well serviced by public transport with bus services along Highett Road and the Highett Railway Station is approximately 200 metres to the east.

PERMIT/SITE HISTORY

Title and Covenants The applicant has submitted a copy of title for the subject sites, issued by titles offices on the 19 November 2014. The titles are not subject to any covenants or like restrictions. Lot no. 4 (477 Highett Road) is encumbered with a 1.83 metre easement adjacent to the rear boundary.

Background On 22 December 2014 Council received the application subject to this assessment. Whilst internal and external referral advice was being sought the applicant lodged the Application for Review. The Tribunal has set the matter down for a Compulsory Conference on 18 May 2015 and a full hearing on 29 June 2015. No previous planning applications have been determined for subject site.

Page 7 of 151



PUBLIC NOTIFICATION

The Victorian Civil and Administrative Tribunal directed the applicant advertise the application by:

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

Place signs on sites.

Council has received 85 Statement of Grounds. The key issues that were raised by objectors are:

Insufficient front setback of building;

Insufficient car parking;

Lack of space for waste;

The development is not in keeping with the existing streetscape or the preferred future character of the area;

The development exceeds the height limit for this site;

Insufficient landscaping opportunities on site;

The roof configuration is not in keeping with the character of the area;

Overlooking;

Overshadowing; and

Visual bulk. Plan

Legend

Subject Site

Objector

A number of objectors are located further afield than to be shown on the above map.

Page 8 of 151



REFERRALS

The application was referred to the following referral authorities for comment:

External Referral Authority Response

Melbourne Water No objection subject to conditions.

The application was also referred to the following Council Departments for comment:

Internal Referral Response

Arborist Concerns raised however these can largely be resolved via permit conditions.

Drainage Engineer No objection subject to conditions. Please note the following advice:

“Council records indicate that there is an easement on the northern boundary of 477 Highett Road which contains no Council assets. Given it is intended to build over said easement Council requires its removal from the title.

There are records indicating a Council drainage pipe in the rear of 1 Major Street, plans do not indicate any structure of note to be built near this asset. A 2 metre wide easement is to be created over this drainage pipe.

Traffic Engineer No objection subject to conditions.

Urban Designer No objection subject to conditions.

Street Tree Arborist No objection subject to conditions.

ASSESSMENT

State Planning Policy Framework

Clause 9 - Plan Melbourne - Amendment VC30 was gazetted on 30 May 2014. The amendment introduces Plan Melbourne into all planning schemes state wide. The objectives of Plan Melbourne are listed in a re-ordered Clause 11. These objectives are:

To create a city structure that drives productivity, supports investment through certainty and creates more jobs.

To provide a diversity of housing in defined locations that cater for different households and are close to jobs and services.

To provide an integrated transport system connecting people to jobs and services, and goods to markets.

To create healthy and active neighbourhoods and maintain Melbourne’s identity as one of the world’s most liveable cities.

To protect natural assets and better plan our water, energy and waste management systems to create a sustainable city.

To maximise the growth potential of Victoria by developing a state of cities which delivers choice, opportunity and global competitiveness.

Page 9 of 151



Clause 10 Operation of the State Planning Policy Framework - The purpose of State planning policy is to inform responsible authorities of the aspects to be considered and given effect in administering the planning scheme. The State Planning Policy Framework provides a context for decision making by responsible authorities. The planning policies are directed to land use and development, as circumscribed by the Planning and Environment Act 1987, a primary objective of which is to provide for the fair, orderly, economic and sustainable use and development of land.

Clause 11 Settlement - The objective of planning is to anticipate and respond to the need of existing and future communities. Planning should recognise the need for and as far as practicable contribute towards, the health and safety, diversity of choice, adaption in response to changing technology, economic viability, a high standard of urban design and amenity, energy efficiency, prevention of pollution to land, water and air, protection of environmentally sensitive areas and natural resources, accessibility and land use and transport integration.

Clause 15 Built Environment and Heritage - All new land use and development should appropriately respond to its landscape, valued built form and cultural context, and protect places and sites with significant heritage, architectural, aesthetic, scientific and cultural value. Quality built environments should be created that achieve high quality urban design and architecture that:

Contributes positively to local urban character and sense of place;

Reflects the particular characteristics, aspirations and cultural identity of the community;

Enhances liveability, diversity, amenity and safety of the public realm;

Promotes attractiveness of towns and cities within broader strategic contexts; and

Minimises detrimental impact on neighbouring properties.

Clause 16 Housing - Planning should provide for housing diversity, including affordable housing, and ensure the efficient provision of supporting infrastructure. New housing should have access to services and be planned for long term sustainability, including walkability to activity centres, public transport, schools and open space.

Clause 18 Transport - Clause 18 aims to ensure an integrated and sustained transport system that provides access to social and economic opportunities, facilitates economic prosperity, contributes to environmental sustainability, coordinates reliable movements of people and goods and is safe. To coordinate development of all transport modes to provide a comprehensive transport system to create a safe and sustainable transport system by integrating land use and transport and to integrate planning for cycling with land use and development planning.

Local Planning Policy Framework

Clause 21.02 Bayside Key Issues and Strategic Vision – Aims to encourage development that responds to the vision, key issues and overarching goals of Bayside City Council.

Clause 21.03 Settlement and Housing – Aims to accommodate population increases and to ensure that a range of accommodation options are provided to meet the needs of the existing and future populations throughout the various life stages, and to direct new medium density housing to Major Activity Centres, large Neighbourhood Activity Centres and residential opportunity areas, particularly those with good access to public transport routes as identified in the Strategic Land Use Framework Plan.

Page 10 of 151



Clause 21.06 - Built Environment and Heritage – Aims to achieve quality design outcomes which improve the image of land use and development in Bayside and contribute to a sense of place appropriate to Bayside’s character and maintains, strengthens and enhances local character.

Clause 21.09 Transport and Access – This provision seeks to take an integrated approach to transport in order to reduce carbon emissions/air pollution from transport vehicles and improve energy efficiency and public health through the use public transport to improve access and reduce private vehicle travel, improving the cycle network in Activity Centres and other destinations, improving traffic circulation and the amenity of shopping centres and Activity Centres and the provision of adequate car parking facilities in and around shopping centres, employment areas and in appropriate locations along the coast.

Clause 21.11 Local Areas – This Clause focuses on the local area implementation of the objectives and strategies set out earlier in the Bayside Planning Scheme. Each section relates to a particular precinct or key strategic development site with the municipality, and should be read in conjunction with the rest of the Municipal Strategic Statement and not in isolation.

Clause 22.06 Neighbourhood Character Policy – Aims to encourage development in the area that responds to the particular built form and natural environment elements that make up the neighbourhood character of Bayside. Aims to ensure that development is responsive to the preferred future character of the area and to retain and enhance the identified elements that contribute to the character of the area.

Clause 22.08 Water Sensitive Urban Design – Seeks to promote the use of water sensitive urban design, including stormwater re-use, to protect the surface water and ground waters in the Port Phillip Bay catchment from stormwater pollutants, and to reduce the impacts of peak stormwater flows to integrate stormwater treatment measures into the landscape to reduce the entry of pollutants into stormwater run-off.

Zone

Clause 32.08 General Residential Zone Schedule 5 – Aims to encourage development that respects the neighbourhood character of the area and to implement neighbourhood character policy and adopted neighbourhood character guidelines. The policy also seeks to provide a diversity of housing types and moderate housing growth in locations offering good access to services and transport and to allow educational, recreational, religious, community and a limited range of other non-residential uses to serve local community needs in appropriate locations.

Planning approval is required pursuant to this clause to construct two or more dwellings on a lot and construct a front fence exceeding 1.2 metres in height.

Overlays

Clause 43.02 Design and Development Overlay Schedule 5 – Aims to encourage apartment style residential redevelopment of up to three storeys in height on consolidated lots in residential areas close to the Highett Shopping Centre and Southland. To retain a front setback and adequate side and rear setbacks to provide space to enable landscaping sufficient to provide a garden setting for apartment complexes. To encourage car parking to be provided within buildings rather than at ground level, to maximise the opportunity to use ground level open space for landscaping, and communal and private open space. To retain the amenity of existing low density residential development by ensuring that adequate side and rear setbacks are provided to taller buildings to allow screen planting and a landscape setting, and to prevent unreasonably overlooking, overshadowing and visual bulk.

Page 11 of 151



Planning approval is required pursuant to this clause to construct a building or construct or carry out works.

Clause 44.05 Special Building Overlay – Aims to identify land in urban areas liable to inundation by overland flows from the urban drainage system. To ensure that development maintains the free passage and temporary storage of floodwaters, minimises flood damage, is compatible with the flood hazard and local drainage conditions and will not cause any significant rise in flood level or flow velocity

Planning approval is required pursuant to this clause to construct a building or construct or carry out works. The application was referred to Melbourne Water in accordance with this provision.

Particular Provisions

Clause 52.06 Car Parking – Aims to ensure the provision of an appropriate number of car parking spaces having regard to the activities on the land and the nature of the locality, to ensure that the design and location of the car parking areas do not adversely affect the amenity of the locality and enables easy and efficient use.

Planning permission is required pursuant to this clause for a reduction in the required number of visitor car parking spaces. Five visitor car spaces are required to be waived to accommodate the development.

Clause 55 Two or more dwelling on a lot – Specifies objectives and standards for the construction of two or more dwellings on a lot within a General Residential Zone. Included within are requirements pertaining to the design response, neighbourhood character and infrastructure, site layout and building massing, on-site amenity and amenity impacts of the proposal.

General Provisions

Clause 65 Decision Guidelines – Sets out decision guidelines for the responsible authority to consider in ensuring acceptable outcomes in terms of State Planning Policies and Local Planning Policies.

SUMMARY OF KEY ISSUES

Below is a summary of relevant planning considerations and matters raised by objectors.

Strategic Location

At both a state and local planning policy level there is support for increased housing density to be provided in and around activity centres where a range of services and facilities are available. Under Clause 21.11 of the Bayside Planning Scheme the subject site is nominated as being within the Highett Activity Centre. This clause outlines the vision for the centre which includes (selected as relevant):

“To provide an opportunity for as many people as is appropriate given the character of the area and the opportunities for change to live and work in Highett, with access to public transport and within walking and cycling distance of activity centres, and hence to provide a real transport option for people other than the private car; and

To recognise the character of Highett’s established residential areas and managing change in a way that responds to their character qualities, and to the proximity of some parts of the residential area to public transport and activity centres.”

Page 12 of 151



Relevant strategies to support and encourage this vision include:

- Encourage well designed medium density apartment style developments on consolidated lots in preferred residential development areas. Preference is for multilevel developments that include basement or in-building car parking;

- Allow sufficient space around new multi-level developments at ground level to provide the opportunity for landscaping that will create a garden appearance to streets and soften the building form from adjoining buildings; and

- To maximise the development opportunities that exist on vacant and underutilised land with respect to the precinct’s urban quality and proximity to transport and activity centres.

The Highett Structure Plan 2004 identifies precincts where medium density residential development should be encouraged. The subject site forms part of this precinct. The plan outlines where site consolidation is possible and where buildings up to three storeys should be supported.

The development responds to the strategic directions outlined in Clause 21.11. In addition the proposal satisfies the purposes of the General Residential Zone which seek housing diversity in locations which have good access to services and transport such as Highett.

Design and Development Overlay - Schedule 5

The vision, objectives and strategies for the Highett Activity Centre are reflected within DDO5 in the form of design objectives and provisions. These objectives include:

- To encourage apartment style residential redevelopment of up to three storeys in height on consolidated lots in residential areas close to the Highett Shopping Centre and Southland.

- To retain a front setback and adequate side and rear setbacks to provide space to enable landscaping sufficient to provide a garden setting for apartment complexes.

- To encourage car parking to be provided within buildings rather than at ground level, to maximise the opportunity to use ground level open space for landscaping, and communal and private open space.

- To retain the amenity of existing low density residential development by ensuring that adequate side and rear setbacks are provided to taller buildings to allow screen planting and a landscape setting, and to prevent unreasonable overlooking, overshadowing and visual bulk.

The development achieves compliance with these objectives. The consolidated lots on which the development will sit allows for a more intensive response. This is provided for in the DDO which encourages apartment style development, where lots are consolidated. Whilst the overall height of the building exceeds the preferred height limit of 9 metres by 500mm, this encroachment will be setback from streets and adjoining dwellings so as to reduce its prominence and limit any off-site effects. This limited encroachment is also considered to be outweighed by the developments compliance with broader strategic policy which encourages buildings of this type in this location.

Neighbourhood Character The neighbourhood character statement for Precinct G1 reads:

Preferred Future Character

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

Page 13 of 151



settings due to the regular front setbacks, well vegetated front yards and additional street tree planting in the area.

Objective Design Response Avoid

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.

Lack of landscaping and substantial vegetation.

Removal of large trees.

Planting of environmental weeds.

To maintain the rhythm of visual separation between buildings.

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

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.

Use pitched roof forms with eaves.

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

To maintain the openness of the streetscape.

High, solid front fencing.

In response to these objectives it is noted that:

Landscaping will be provided around the perimeter of the site and in particular along the sensitive interfaces shared with residential properties. Soil volumes around the street frontages may be limited owing to the basement garage and this may limit the scale of trees along street frontages. This is however considered to be an appropriate response given the zoning of the site encourages larger scale developments and this can often result in less extensive landscape responses. That said, landscaping will nevertheless be provided intermittently along the street frontages and also in the form of planter boxes at upper levels;

The visual spacing anticipated between buildings is reflected by the setbacks required by Schedule 5 of the GRZ. The development generally complies with these setback requirements and as such it may be considered that the development provides for the visual separation anticipated by the statutory controls that govern the site. Importantly, the site is on a corner and adjacent streets provide for ample visual separation along two frontages. These streets ensure that the building does not overwhelm or dominate adjacent buildings to the east and south in particular;

The building will be finished in a variety of materials including blockwork, render and timber cladding. The provision of balconies recessed and projecting from the facade provide for added depth and shadowing and this, combined with the varied finishes, ensures a high level of articulation. This will be complemented by landscaping upon the facade which will assist in softening the appearance of the building; and

Whilst a high fence will extend around much of the street frontages of the site, the effect of this will be mediated by low level landscaping forward of the fence, particularly at the corner wrapping around both the Highett Road and Major Street frontages. A higher fence along the Highett Road frontage in particular in considered appropriate given this is a busy road

Page 14 of 151



(Road Zone, Category 2). This fence also encloses private open spaces and this assists in maximising the amenity of ground floor dwellings.

Setbacks

Within the General Residential Zone Schedule 5 (GRZ5) standard ResCode setbacks apply. The following table outlines the required and proposed setbacks. Non-compliant setbacks are underlined.

Ground floor First floor Second floor

Required Proposed Required Proposed Required Proposed

Highett Road (south)

6.0m 4.6m 6.0m 4.6m 6.0m 4.6m

Major Street (eastern side)

2.0m 2.5m 2.0m 2.0m 2.0m 2.0m

North (rear) 0, 1.0m 1.2m 1.84m 3.0m 4.95m 4.75m

West (side) 0, 1.0m 3.7m 1.84m 3 – 8.03m 4.95m Minimum 5.07m

The front setback requirements prescribed in Clause 55 do not apply. DDO5 requires a 6.0 metre setback from the front property boundary, Highett Road. The development proposes a minimum front setback of 4.6 metres. Whilst a new housing typology is encouraged in this location development must still respond to the preferred neighbourhood character. The developments non-complaint setbacks fail to strike this balance. A condition will require adherence to the minimum setback requirements of Standards B6 & B17. All other setbacks generally comply with Standard B17 of Clause 55. This is with the exemption of the rear setback at second floor level which at a minimum of 4.75 metres is 200mm less than that required. It is recommended that a condition be included on any approval issued requiring compliance with this rear setback standard. Balconies and out-rigger screening project forward of the above setbacks and whilst these elements are located nearer to adjacent properties than the preferred setbacks of walls, these elements do not substantially add to the perceived scale and bulk of the building. These elements are lighter weight elements which serve both an open space and privacy function. It is considered that the amenity effects of these elements are limited and visual bulk will not result as a consequence of these elements. Importantly, the planning scheme advocates developments of this scale and nature in this location and this results in the provision of open space and screening elements at upper levels. The response to screening requirements in this case is somewhat unique being detached from the building and this not only ensures the upper level balconies of the building benefit from some outlook, but also ensure a visually interesting presentation to adjacent properties.

Traffic and car parking

In accordance with Clause 52.06 of the Bayside Planning Scheme the development requires a total of 43 resident car spaces and eight visitor car spaces. The development will be provided with a total of 46 basement car spaces. Each dwelling will be allocated one car space whilst three visitor car spaces will be provided. A reduction of five visitor car spaces is being sought.

Page 15 of 151



The applicant has provided a Traffic Impact Assessment which in part examines the appropriateness of reducing the standard car parking requirement. The assessment finds that the shortfall in the number of visitor parking spaces is appropriate. This conclusion is based on the likely demand generated by the development and the availability of on-street car parking in surrounding areas.

In response to this Council’s Traffic Engineer has provided the following comments:

“An attempt has been made by the applicant to justify waiving of five car spaces for visitor car parking by undertaking parking surveys within the surrounding streets covering a large area. The surrounding streets already have parking restrictions along with ‘No Stopping restrictions’ on Highett Road outside the site. The proposed development is not entitled to any parking permits under the policy and therefore the applicant should be required to provide a total of eight visitor car spaces.”

Based on the above advice the car parking reduction cannot be supported whilst on-street parking spaces exist in the surrounding area, this is limited and shared with other properties. This parking is not for the exclusive use of this development. As such, it is recommended that a condition requiring the provision of five additional basement visitor car parking spaces be included. These spaces should not result in an increase in the footprint of the basement. This would limit meaningful landscaping opportunities above.

Council’s Traffic Engineer is generally satisfied with the proposed access arrangements. No issue has been raised regarding the capacity of the existing road network to support the increased volume of vehicles generated by the development.

Landscaping/Vegetation

The proposed vehicle crossover will severely impact a ‘Eucalyptus scoparia’ (White Gum) located within the nature strip adjacent to 477 Highett Road. Council’s Street Tree Arborist has inspected the tree and concluded:

“The tree meets the criteria for removal under the Street and Park Tree Management Policy 2012 and therefore can be removed provided the applicant pay $2,673.84 to Council for its replacement. This amount has been determined in accordance with Councils current policy for the removal of street trees.”

All vegetation will be removed from the site in order to accommodate the development. Council’s Arborist provided the following comments:

“The removal of vegetation from within the front setbacks of the respective properties is supported. The vegetation is mostly composed of small shrubs which contribute little in terms of amenity. Vegetation within the respective rear setbacks generally provides low to moderate levels of visual amenity. The removal of this vegetation is acceptable if replaced by canopy tree planting.”

A mature ‘Eucalyptus sideroxylon’ (Red Ironbark) and a ‘Morus alba’ (White Mulberry) located within the rear private open space at 1 Major Street has been identified as having a high amenity value. Council’s Arborist agrees with the Applicants arboricultural advice that the Red Ironbark is structurally poor. It is recommended that the tree be removed and replaced with a canopy tree which has the potential to reach similar dimensions at maturity (16x14 metres). The White Mulberry is in good health and structure however its retention is not practically possible, given it is located within the building footprint. The loss of this tree will be offset by new planting.

Whilst Council’s Arborist has raised concerns regarding the space required to support canopy tree replanting, it must be acknowledged that the subject site has been identified as a site where a new larger scale building typology will be encouraged.

Page 16 of 151



A balance must be struck between the objectives of state and local policy to allow for increased scale and density development in areas such as this and also to reinforce preferred character outcomes. This includes providing for landscaping. It is considered that the provision of medium scale plantings around the permitter of the site (up to 9 metres) together with planter boxes sufficiently reinforce the landscape character of the area whilst still providing for the scale buildings advocated by policy in this location.

Matters Raised by Objectors

Many of the matters raised by objectors have been addressed. Concern surrounding general off-site amenity impacts have not been specifically addressed and in response to these concerns it is noted that:

In terms of overlooking the applicant has provided glazing or screening to all habitable room windows and balconies as required by Standard B22 and B23 of Clause 55 of the Bayside Planning Scheme.

The shadow diagrams submitted with the application indicate that the off-site overshadowing impacts will be minimal and in accordance with Standard B21 of Clause 55 of the Bayside Planning Scheme. Overshadowing will occur in the morning only.

CONCLUSION

The subject site forms part of the Highett Activity Centre where increased residential densities and heights are envisioned. The development responds to the broader strategic direction contained within the Bayside Planning Scheme specifically the design objectives and built form requirements of the Design and Development Overlay, Schedule 5. The proposed development provides an acceptable outcome from a neighbourhood character perspective. The recommended conditions will ensure that no reduction in the statutory car parking rate is required. The proposal will not result in unreasonable off-site amenity impacts, and it is therefore considered that it is worthy of support.

RECOMMENDATION

That Council having caused notice of Planning Application No. 2014/930/1 to be given under Section 52 of the Planning and Environment Act 1987 and having considered all the matters required under Section 60 of the Planning and Environment Act 1987 decides to Issue a Notice of Decision to Grant a Permit under the provisions of the Bayside Planning Scheme in respect of the land known and described as 477, 479 Highett Road Highett and 1 Major Street Highett, for the construction of a three-storey residential building and basement comprising 43 dwellings, front fence exceeding a height of 1.2 metres and reduction of car parking requirements in accordance with the amended plans dated 22 December 2014 subject to the following conditions, including the specified conditions set out in the Council’s “Town Planning Standard Conditions” adopted by the Council on 28 November 2006:

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 but modified to show:

a) The second floor of the building setback a minimum of 4.95 metres from the northern rear boundary measured to the walls of the building. Balconies and screens may project forward of this.

Page 17 of 151



b) The building including all balconies setback a minimum of 6 metres from the Highett Road property boundary.

c) A modified vehicle access layout whereby vehicles are directed in a ‘left in’ and left out’ arrangement only.

d) The matters required by Melbourne Water as per conditions of this permit.

e) The provision of an additional five visitor car parking spaces without increasing the basement footprint.

f) The ramp providing access to the basement car park modified to show a minimum aisle width of 6.4 metres inclusive of a 300mm wide safety margin in accordance with Australian Standard 2890.1.

g) A minimum height clearance of 2.2 metres at the entry to the basement car park.

h) The south-eastern corner of the site incorporating a 2.0 x 2.0 metre splay. This splay must be finished in a concrete which matches the existing footpath.

i) The eastern end of the driveway where it intersects with the footpath incorporating a 2.0 x 2.5 metre splay in accordance with Australian Standard 2890.1.

j) All habitable room windows and balconies to be screened as necessary to ensure compliance with Standards B22 & B23 of Clause 55 of the Bayside Planning Scheme.

k) The assignment of six cubic metres of storage to each dwelling.

l) All first and second floor balconies / terraces having a minimum area of 8.0 square metres with a minimum continuous width of 1.6 metres.

m) The terrace associated with unit 1/13 setback 1.84 metres from the northern boundary.

n) The location of plant and equipment including air conditioning units and condensers located so as to not cause detriment to adjacent residents.

o) Swept–path diagrams and any associated layout modification illustrating how a 6.4 metre long rear loader will egress from the site in forward direction.

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

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 and the conditions of this permit must be carried out and completed to the satisfaction of the responsible authority.

4. 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.

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

6. All disused or redundant vehicle crossings must be removed and the area reinstated to kerb and channel to the satisfaction of and at no cost to Council prior to the occupation of the building hereby approved.

7. Vehicular crossings must be constructed to the road to suit the proposed driveways to the satisfaction of the Responsible Authority.

Page 18 of 151



8. Before the use or occupation of the development starts, the area(s) set aside for the parking of vehicles and access lanes as shown on the endorsed plans must be:

a) Constructed;

b) Properly formed to such levels that they can be used in accordance with the development;

c) Drained; and

d) Line marked to indicate each car space and all access lanes.

To the satisfaction of the responsible authority.

Car spaces, access lanes and driveways must be kept available for these purposes at all times.

9. The costs associated with the relocation of any Council assets must be incurred by the applicant.

10. Before the commencement of works a planning permit must be obtained for the removal of the easement from the rear of Lot 4 - PS033502 and the creation of a 2.0 metre wide easement adjacent to the rear boundary of Lot 114 – PS000821.

11. The applicant must apply for the nominated legal point of discharge for the development where stormwater run-off must be collected and free drained to Council's drainage assets to Council standards.

12. Stormwater discharge must be retained for the portion above the discharge calculated using a Coefficient of Runoff of 0.35. The development is to have a Stormwater Detention System installed, the design capacity to be to the satisfaction of the Responsible Authority.

13. 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".

14. 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.

15. 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.

16. Before the development begins, two sets of detailed plans indicating the method of stormwater discharge to the nominated Legal Point of Discharge (and Stormwater Detention Systems where applicable) must be lodged with Council's Engineering Services department for approval.

17. 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.

18. Before the development starts a fee of $2,673.84 must be paid to Council for the removal and replacement of an existing street tree. The cost associated with the removal and replacement of the existing street tree has been determined in accordance with Councils current policy for the removal of street tree(s). The amount may be increased by the

Page 19 of 151



Responsible Authority if an extension of time to commence work is granted and the amenity value of the street tree(s) 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(s). Any replacement planting will be at the discretion of the responsible Authority.

19. Prior to the commencement of any works (including demolition) an ‘Arboriculture Construction Impact Assessment’ must be must be submitted and approved by Council. This assessment must include information on how all trees within a 3.0 metres radius of the subject sites will be retained during construction works.

20. Before the occupation of the development starts or by such later date as is approved by the responsible authority in writing, the landscaping works shown on the endorsed plans must be carried out and completed to the satisfaction of the responsible authority.

21. 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.

22. Prior to the commencement of development, a Construction Management Plan (CMP) must be submitted to the Responsible Authority for approval. When approved, the plan will be endorsed and will then form part of this permit. The CMP must include (but is not limited to) the following unless otherwise agreed by the Responsible Authority:

a) Pedestrian access will be maintained at all times to the footpaths adjacent to Highett Road and Major Street;

b) All site facilities will be located on site during the construction period;

c) All waste material not required for further on-site processing will 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.

d) All storage areas/external stockpiles/vacant areas must be covered and maintained to avoid dust nuisance to any residential area to the satisfaction of the Responsible Authority.

e) A truck wheel-wash must be installed and used so vehicles leaving the site do not deposit mud or other materials on roadways to the satisfaction of the Responsible Authority.

The CMP must be implemented to the satisfaction of the Responsible Authority with all works completed in accordance with EPA requirements.

23. 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

Page 20 of 151



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.

Melbourne Water Conditions

24. All doors, windows, vents and openings to the basement car park (except for the entry / exit driveway) must be a minimum of 300mm above the applicable flood level.

25. The entry / exit driveway of the basement car park must incorporate a flood proof apex and bund wall to a minimum height of 300mm above the applicable flood level.

26. The basement must be designed such that floodwater is unable to penetrate the basement area. Flood resistant materials must be used for the construction of floor levels and walls below the applicable flood level.

27. Prior to the development plans being endorsed the commencement of works, amended plans must be submitted to Council and Melbourne Water addressing Melbourne Water’s conditions. Plans must be submitted with ground and floor levels to Australian Height Datum (AHD).

28. Prior to the commencement of any works, a Waste Management Plan must be submitted to the Responsible Authority for approval. The WMP must address, but is not limited to:

Waste collection carried out by a private waste collector from within the site; and

Waste collection receptacles must not be stored in the road reserve at any time.

29. 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 periods referred to above if a request is made in writing:

Before the permit expires; or

Within 6 months afterwards if development has not commenced; or

Within 12 months afterwards if the development has lawfully commenced.

Permit Notes (a) Permits to be acquired:

i) 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.

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

(b) Flood Zone:

iii) Property is partly within an area designated as land liable to flooding. Floor levels and requirements can be obtained from Land Development Team, Melbourne Water.

(d) Melbourne Water:

iv) The applicable flood level for this property that has a probability of occurrence of 1% in any one year is 31.12 metres to Australian Height Datum (AHD).

Page 21 of 151



For the purpose of the Building Code of Australia – Building in Flood Hazard Areas, Melbourne Water has determined that during a flood event that has a probability of occurrence of 1% in any one year, the maximum flow rate of flood water (velocity) will be below 1.5 metres per second. If further information is required in relation to Melbourne Water’s conditions shown above, please contact Land Development on telephone 9679 7517 quoting Melbourne Water’s Reference 251354.

Page 22 of 151



STANDARDS OF THE BAYSIDE PLANNING SCHEME

Two Or More Dwellings On A Lot And Residential Buildings (Clause 55)

Title and Objective Complies with Standard?

Comments

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 report.

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

Yes See report.

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

Yes Of the 43 apartments 42 will consist of two bedrooms, the remaining unit will contain one bedroom. The development will contribute to the variety of dwellings found in this locality which is currently predominated by detached single dwellings.

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

Yes The proposed building would be connected to existing water, power, gas and sewerage infrastructure. The developer will be responsible for upgrading existing infrastructure if necessary.

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

Yes The building will be oriented towards Highett Road and Major Street. The presence of a 1.7 metre high fence abutting these frontages is not ideal however wide garden beds will soften this interface. Most ground floor apartments will have independent pedestrian access to these frontages which encourages a more active interface.

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

See Report.

Page 23 of 151



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

No The proposed development would be approximately 9.5 metres high (maximum). The Design and Development Overlay – Schedule 5 includes a preferred height limit of nine metres comprising a maximum of three storeys. However, given the developments high level of compliance with the design provisions contained within DDO5 the encroachment is considered acceptable.

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

No The development will have a site coverage of 60.5 percent which is 0.5 percent above the standard. The level of encroachment is considered to be negligible and in accordance with recommended conditions to increase street setbacks, the final site coverage will likely be less than 60%.

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

Yes Minimum: 20 percent Proposed: 23 percent

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 All dwellings are considered to be provided with suitable solar access. Whilst northern solar access is not provided to all main living areas this is unavoidable in a development of this nature and orientation. Passive devices such as cross-ventilation and heat share will exist and this will assist in reducing fossil fuel usage.

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

N/A N/A

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

Yes The communal entry/exit point will be secure and clearly identifiable.

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

Yes See report.

Page 24 of 151



importance. The retention of mature vegetation on the site.

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 resident and visitor car spaces are appropriately located and provide direct access to the building.

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 table below.

Ground floor First floor Second floor

Required Proposed Required Proposed Required Proposed

Highett Road (south) 6.0m 4.6m 6.0m 4.6m 6.0m 4.6m

Major Street eastern side) 2.0m 2.5m 2.0m 2.0m 2.0m 2.0m

North (rear) 0, 1.0m 1.2m 1.84m 3.0m 4.95m 4.75m

West (side) 0, 1.0m 3.7m 1.84m 3 – 8.03m 4.95m Minimum 5.07m

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.

N/A No walls are proposed to be constructed on a common boundary.

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

Yes Existing habitable room windows of the adjoining dwellings at 475 & 475a Highett Road and dwellings at 3/3, 3/4 & 3/5 Major Road would maintain at least a three square metre light court.

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

N/A There are no ‘north facing’ habitable room windows within three metres of the development.

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

Yes See report.

Page 25 of 151



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

Yes The orientation of first and second floor balconies and the use of privacy screens (at least 1.7 metres high) will prevent views into adjacent private open space.

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

Yes

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

Yes No information has been provided on how the dwellings will be heated / cooled. It is assumed that air conditioning units will be provided within the respective private open space/balconies of each dwelling. Some of the units will be located in close proximity to bedrooms. Further details are required by condition.

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

Yes The building will include ground floor entry at grade from Major Street and lifts provide access to all levels.

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

Yes

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

Yes Habitable room windows will have adequate access to daylight. Covered balconies will be open for at least 1/3 of their perimeter.

B28 Private Open Space Provide reasonable recreation and service needs of residents by adequate pos.

Yes

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

No Access to northern sunlight is not possible for all dwellings given the configuration of the development. South-facing open spaces will however receive morning and afternoon sun.

B30 Storage Provide adequate storage facilities for each dwelling.

Yes Each unit will be provided with externally accessible storage within the basement car park. The volume of said storage has not been shown. A condition will require the volume of storage to be delineated in accordance with this standard.

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

Yes See report.

Page 26 of 151



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

No This clause specifies that front fences should not exceed 1.5 metres in height. A 1.7 metre high front fence is proposed. The fence height is acceptable. The fence will incorporate planter boxes which over time will provide a green screen softening the appearance of the fence. A 1.7 metre high fence will ensure a certain level of privacy is provided to units which abut a road frontage.

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

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

Yes Bins would be stored within the basement car park. Council’s Traffic Engineer is not opposed to this arrangement, however further detail is required to ensure the arrangement meets relevant Australian Standards. All other services can be provided for onsite.

Page 27 of 151



4.2

125-127 Centre Road Brighton East Notice of Decision to Grant a Permit Application No: 2014/633/1 Ward: Northern


File No: 2014/633/1

APPLICATION DETAILS

Land/Address: 125 – 127 Centre Road, Brighton East

Application is for: Use and development of a childcare centre, associated signage, alterations to an existing crossover, creation of a new crossover onto a Road Zone Category 1.

Melway Reference: 68/A12

Ward: Northern Ward


Applicant's/Owner's Name: Perkins Architects Pty Ltd

Date Received: 04 December 2014


Zoning: Neighbourhood Residential – Schedule 3

Overlays: Design and Development – Schedule 3

Under what clause(s) is a permit required? Clause 32.09-1 - Neighbourhood Residential Zone Schedule 3 (Section 2 use).

Clause 32.09-7 - Neighbourhood Residential Zone Schedule 3 (Buildings & works associated with a Section 2 use).

Clause 52.05 – Advertising Signs.

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

Restrictive covenants on the title? Yes

Current use and development: Two detached single storey dwellings

Objections: Sixteen (16)

PROPOSITION

It is recommended that a Notice of Decision to Grant a Permit be issued subject to conditions.

PROPOSAL

This application proposes the use and development of a two storey childcare centre with basement car park.

The proposal involves the construction of a new vehicle crossover and the widening of an existing crossover onto Centre Road a Road Zone, Category 1.

Page 28 of 151



The widened vehicle crossover abutting the western side boundary will provide access to the basement car park. The basement will have a total floor area of 788.4 square metres and comprise 27 spaces (including one disabled space), storage areas. Vehicles will exit the car park via a new crossover abutting the eastern side boundary.

The ground floor of the building will occupy 508 square metres and comprise six group rooms, reception and amenities. At first floor level the building will measure 329.8 square metres and will comprise four group rooms, staff room and amenities. A deck measuring 360 square metres will wrap around the first floor. The building will stand to a maximum height of 7.38 metres.

A 1.5 metre high transparent fence will also be constructed along the Centre Road frontage.

The centre will accommodate a maximum of 112 children and 24 full-time staff and will operate between the hours of 7:30am-6:30pm, Monday to Friday.

Two non-illuminated business identification signs are proposed along the Centre Road frontage, together these signs will measure 2.4 square metres.



The site is located on the northern side of Centre Road. The site comprises two allotments with a combined area of 1230 square metres. The respective lots contain one detached single storey dwelling each.

The main site/locality characteristics are:

- A bus stop and power pole abut the verge adjacent to No. 125 Centre Road.

- The adjoining property to the east at No. 129 Centre Road contains a single storey dwelling;

- The adjoining property to the west at No. 123 Centre Road contains a single storey dwelling;

- The adjoining properties to the north at No. 5 & 7 Parklands Crescent contain double storey dwellings; and

- The site is opposite two dwellings on the south side of Centre Road at No’s. 122a and 124.

PERMIT/SITE HISTORY

Title and Covenants

The applicant has submitted a copy of title for each of the sites, issued by the titles office on 26 August 2014. The titles are burdened by Registered Restrictive Covenant Number 2198287 dated 24 February 1949.

The Covenant states that ‘no earth clay stone gravel or sand shall at any time hereafter be excavated carried away or removed from said Lots except for the purpose of excavating for the foundations of any buildings to be erected thereon and that the said Lots shall not be used for the manufacture or winning of bricks tiles concrete or potteryware’.

The proposal does not result in a breach of the restrictive covenant placed on the title.

Page 29 of 151



Background

The following planning applications have been determined for the subject site:

App. No. Proposal Determination Date

2011/295 Construction of a three storey apartment building and access to a Road Zone Category 1

Council Refusal upheld by VCAT

31 July 2012

2012/545 Construction of an apartment building comprising 18 new dwellings and access to a Road Zone Category 1

Council Refusal upheld by VCAT

19 November 2013

PUBLIC NOTIFICATION

The application has been advertised pursuant to Section 52 of the Planning and Environment Act 1987, by:


Displaying two (2) signs along the Centre Road frontage.

The notification has been carried out correctly and Council has received sixteen (16) objections to date. The objections raise the following issues:

Increased parking and traffic congestion;

The commercial nature of the use is incompatible with residential uses and the zoning of this locality;

Noise from children, mechanical plant and vehicles;

Size/bulk and height of the building is inconsistent with existing neighbourhood character;

The setbacks of the building do not comply with the provision of the Bayside Planning Scheme;

Vegetation removal;

Increased pressure on existing infrastructure servicing the area; and

Overlooking.

Page 30 of 151



Locality Plan

An additional objection has been received from 755 Glenhuntly Road, Caulfield South.

CONSULTATION

The applicant declined an invitation to attend a consultation meeting as it was considered unlikely to be successful.

Legend

Subject Site

Objector

Page 31 of 151



REFERRALS

The application was referred to the following authorities for comment:

External Referral Authority Response

VicRoads No objection subject to conditions.

Public Transport Authority (PTV)

No objection subject to conditions.

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


Drainage Engineer No objection subject to conditions.

Traffic Engineer No objection subject to conditions.

Urban Strategy No objection subject to conditions.

Waste Management No objection subject to conditions.

Street Tree Arborist No objection subject to conditions.

Urban Designer No objection subject to conditions.

ASSESSMENT


Clause 9 Plan Melbourne – Amendment VC30 was gazetted on 30 May 2014. The amendment introduces Plan Melbourne into all planning schemes state wide. The objectives of Plan Melbourne are listed in a re-ordered Clause 11. These objectives are:








Page 32 of 151










Clause 17 Economic Development - Clause 17 is designed to provide for a strong and innovative economy where all sectors of the economy are critical to economic prosperity and to encourage development which meets the community’s needs for retail, entertainment, office and other commercial services and provides net community benefit in relation to the accessibility, efficient infrastructure use and the aggregation and sustainability of commercial facilities. The clause provides direction to manage out of centre development in Melbourne and to encourage tourism development to maximise the employment and long term economic social and cultural benefits of developing the State as a competitive domestic and international tourist destination.


Clause 19 Infrastructure - Encourages infrastructure to be provided in a way that is efficient, equitable, accessible and timely. Planning is to recognise social needs by providing land for a range of accessible community resources, such as education, cultural, health and community support (mental health, aged care, disability, youth and family services) facilities.

Page 33 of 151




Clause 21.02 Bayside Key Issues and Strategic Vision - Aims to encourage development that responds to the vision, key issues and overarching goals of Bayside City Council.


Clause 21.06 - Built Environment and Heritage - Aims to achieve quality design outcomes which improve the image of land use and development in Bayside and contribute to a sense of place appropriate to Bayside’s character and maintains, strengthens and enhances local character.

Clause 21.07 Economic Development - This provision seeks to encourage new economic development which maintains and enhances the supply of and access to a range of employment and training opportunities and to transform the former Bayside Industrial Area from a traditional industrial precinct into a key Business Employment Area of a quality and profile which will enable it to fulfil an identifiable niche in the south-east region of Melbourne. This provision also seeks to ensure the proper integration of appropriate discretionary uses into residential areas.

Clause 21.09 Transport and Access - This provision seeks to take an integrated approach to transport in order to reduce carbon emissions/air pollution from transport vehicles and improve energy efficiency and public health through the use public transport to improve access and reduce private vehicle travel, improving the cycle network in Activity Centres and other destinations, improving traffic circulation and the amenity of shopping centres and Activity Centres and the provision of adequate car parking facilities in and around shopping centres, employment areas and in appropriate locations along the coast.

Clause 21.10 – Infrastructure – This provision encourages high quality public and private community facilities and services based on the needs and expectations of all age groups, including those with limited mobility and special needs.

Clause 22.06-1 Neighbourhood Character Policy - Aims to encourage development in the area that responds to the particular built form and natural environment elements that make up the neighbourhood character of Bayside.

Clause 22.06-2 Neighbourhood Character Objectives - Aim to ensure that development is responsive to the preferred future character of the area and to retain and enhance the identified elements that contribute to the character of the area.

Clause 22.07 Discretionary Uses in Residential Areas – this policy seeks to ensure that development respects the established neighbourhood character and responds to the preferred neighbourhood character and to ensure that discretionary uses in residential areas do not adversely affect residential amenity, to ensure that adequate access is available to the site, to ensure that adequate provision is made for on-site parking, to ensure that traffic generated by the discretionary use is appropriate to the street and the locality and will not adversely affect existing traffic patterns and safety, and to ensure that local community needs are served by the proposal.

Page 34 of 151




Zone

Clause 32.09-5 Neighbourhood Residential Zone Schedule 3 – Aims to recognise areas of predominantly single and double storey residential development and to limit opportunities for increased residential development. The zone aims to manage and ensure that development respects the identified neighbourhood character, heritage, environmental or landscape characteristics and to implement neighbourhood character policy and adopted neighbourhood character guidelines.

A planning permit is required pursuant to Clause 32.09-1 for the use of the land for the purpose of a child care centre and Clause 32.09-7 for the development to accommodate this use.

Overlays

Clause 43.02 Design and Development Overlay Schedule 3 – 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; to preserve the existing character and amenity of the areas as low rise (up to two storeys) suburban areas with a strong garden character; to maintain the prevailing streetscape rhythm, building scale and height of neighbourhoods; and to maintain a strong landscape character with buildings set within vegetated surrounds.

A planning permit is not required as the building will not exceed 8.0 metres in height.


Clause 52.05 Advertising Signs – Aims to regulate the display of signs and associated structures by providing for signs that are compatible with the amenity and visual appearance of an area including the existing or desired future character through ensuring signs do not contribute to excessive visual clutter or visual disorder and do not cause a loss of amenity or adversely affect the natural or built environment or the safety, appearance or efficiency of a road.

Planning approval is required in accordance with this provision to erect and display business identification signs.


No planning permit is required pursuant to this clause on the basis that all required car parking spaces will be provided on site.

Clause 52.29 Land Adjacent to a Road Zone, Category 1 – Aims to ensure appropriate access to identified roads and to ensure appropriate subdivision of land adjacent to identified roads. A planning permit is required for altering access to a Road Zone Category 1.

A planning permit is required pursuant to Clause 52.29 for the creation/alteration of an accessway onto a road in a Road Zone, Category 1.

Page 35 of 151



Clause 52.36 Integrated Public Transport Planning – Aims to ensure development supports public transport usage and to ensure that development incorporates safe, attractive and convenient pedestrian access to public transport stops.

The application was referred to the Public Transport Authority (PTV) in accordance with this provision on the basis that the development will result in the relocation of an existing bus stop adjacent to the site.

General Provisions

Clause 65 Decision Guidelines - Sets out decision guidelines for the responsible authority to consider in ensuring acceptable outcomes in terms of State Planning Policies and Local Planning Policies.


Below is a summary of relevant planning considerations and matters raised by objectors.

Appropriateness of use

The subject site is zoned Neighbourhood Residential. A key purpose of this zone is:

To allow educational, recreational, religious, community and a limited range of other non-residential uses to serve local community needs in appropriate locations.

In addition the opening statement of the policy basis for Clause 22.07 (Discretionary Uses in Residential Areas) reads:

The MSS recognises that there are a number of important uses that should be located within residential areas of the municipality, including child care centres…

A child care centre is a community facility servicing the needs of the local community and is a use which is appropriate within a residential area.

Clause 22.07 provides policy guidance on what constitutes a ‘preferred location’. An assessment against these guidelines follows.

Policy: Response:

The discretionary use abuts a Road Zone or collector road. Other locations may only be favourably considered where it can be demonstrated that residential amenity will not be unreasonably compromised.

The subject site abuts Centre Road which is a Road Zone, Category 1.

Site consolidation is encouraged to ensure adequate on-site parking, landscaping and setbacks are provided.

The development will be constructed over two lots. The consolidated lots and the centralised siting of the development will ensure adequate setbacks are provided. These setbacks are indicative of the current pattern of development and will ensure meaningful opportunities for landscaping.

The discretionary use is on a corner site. The subject is not located on a corner

The discretionary use is located on the periphery of commercial areas or adjacent to other discretionary uses to provide a transition between commercial and residential areas.

The subject site is not located on the periphery of a commercial area or adjacent to another discretionary use.

Page 36 of 151



The discretionary use is located within walking distance of public transport and promotes safe and convenient pedestrian access.

Bus route 703 runs adjacent to the site. The site is in walking distance of tram route 64 approx. 500 metres to the northwest of the site. The site is also well serviced by pedestrian footpaths.

Child care is a service that is complementary to residential uses. Whilst the centre will abut a Road Zone, Category 1 and will be built on a consolidated site, it is not located on a corner or on the periphery of a commercial area.

Notwithstanding this, it is considered that the location of the use remains appropriate given its general compliance with the objectives of Clause 22.07. To this end, it is considered that the design of the centre is appropriate and it will not generate adverse off-site amenity effects.

Access to the site is also sufficient off a main road and it is recommended that conditions be included on any approval issued limiting entry and exit to the site to left-in and left-out movements only. This will ensure safe and comfortable entry and exit. In addition to this, it is considered that the number of car parking spaces provided on site is adequate to accommodate the use and the number of traffic movements generated will not impact adversely upon the function of the surrounding road network.

It is considered that compliance with these policy objectives outweighs the fact that the site is not located on a corner or near to a commercial area. These policy directions are preferences and are not mandatory requirements and where a new development does not generate off-site effects (including amenity, car parking and traffic impacts) strict adherence to these directives is not considered to be necessary.

Neighbourhood character

For non-residential uses within a largely residential setting, it is often considered that there is a need to differentiate the non-residential use from its surrounds through its built form in order to provide a distinct sense of identity. The subject site is located within Precinct D2 of Clause 22.06 of the Bayside Planning Scheme. The preferred future character statement and precinct guidelines are:

The simple, articulated dwellings sit within landscaped gardens. Buildings are occasionally built to the side boundary; however the overall impression of the streetscape is of buildings within a garden setting due to the regular front setbacks and additional tree planting within the area. New buildings blend with the existing, by following these patterns and using materials that harmonise, where brick colours are consistent in a street. Front fences are low or open retaining the openness of the streetscape and view of the front gardens. On properties that adjoin the golf course, buildings are sited and designed so as not to overwhelm the open space. Consistent street tree planting has assisted in unifying the appearance of the area.


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 existing large trees, wherever

possible.

Buildings should be sited to allow space for

the planting of trees and shrubs.



Loss of front garden space


Buildings should be sited to create the

appearance of space between buildings and

accommodate substantial vegetation.

Page 37 of 151




To ensure that buildings do not dominate the streetscape.

Incorporate articulated roof forms, plan form

and wall surfaces in new buildings visible

from the street.

Recess second storey elements from the

front façade.

Large bulky buildings with poorly articulated front or side wall surfaces.

To reflect the building materials in locations where there is a particular consistency.

Where consistent brick colours are present

in the streetscape, use similar tonings in the

colours of new buildings.

Brightly coloured external building materials in areas of consistent brick materials.

To maintain the openness of the streetscape.

Provide open style front fencing, other than

along heavily trafficked roads. Where no

front fencing predominates, use vegetation

as an alternative.

High, solid fencing.

To encourage development that responds to its location adjacent to the golf course.

Where development directly borders the golf

course, recess upper levels from the

boundary nearest the open space.

Poorly articulated or dominating development fronting the golf course.

Preferred Future Character

When assessing the design response of commercial buildings within established residential areas a balance needs to be stuck between its uses being clearly identifiable and the built form of the area. Instead of applying a literal interpretation of character as it applies to new residential buildings, the proposal should respond to predominant character features. This is a view supported by Council’s Urban Design Consultant who stated:

“From our experience of similar buildings elsewhere in Melbourne there are countless less successful demonstrations of attempts to create a pitched roofed, brick veneer institutional building, which compromise both legibility and function, and fail to contribute positively to their location”

The building will comprise a two storey timber clad cube with a cantilevered balcony which wraps around the periphery of the first floor. The first floor balcony will provide outdoor space for children. Vehicle access is arranged as a one way loop through the basement with one entry and exit. This number of crossovers is consistent with the two existing dwellings currently on site.

The centralised siting of the building will allow landscaping around the perimeter of the site. The extent of the basement car park allows for the replanting of canopy trees and landscape screening abutting boundaries. The front setback will be enhanced by creating more landscaping opportunities. It is therefore recommended that the bin enclosure is relocated to the basement area.

In terms of bulk, scale and massing, the precinct guidelines seek to avoid large bulky buildings which are poorly articulated. Council Urban Designer has provided the following advice in terms of the proposal:

“Given the provision of generous landscape zones to either side of the building and the distinction between the ‘mass’ of the timber cube and ‘lightweight’ cantilevered glass balcony enclosure, we are comfortable that the form will provide for appropriate streetscape rhythm in response to its setting”

In summary the contemporary building with its restrained material palette is consistent with overarching character objectives. The proposal will contribute positively to the eclectic neighbourhood character which defines this location.

Page 38 of 151



Setbacks

Clause 22.07 requires front, side and rear setbacks in accordance with Clauses 54 of the Scheme as opposed the Schedule to the Neighbourhood Residential Zone. The proposal demonstrates general compliance with the required setbacks as demonstrated below:

Ground Floor First Floor

Required Proposed Required Proposed

Front (South) 8.55m 8.6m 8.55m 6.5m ( measured from balcony screen)

Side (East) 0-1.0 4.6m 1.87m 2.2m ( measured from balcony screen)

Side (West) 0.1.0 5.4m 1.81m 2.2m ( measured from balcony screen)

Rear (North) 0m or 3m 4.3m 4.26m 3.61m( measured from balcony screen)

Areas of non-compliance are underlined.

The glass fluted screened play decks which represent the first floor encroachments are lightweight elements only. The walls of the building are setback further and are in accordance with the standard. The play decks provide articulation and visual interest and ensure the centre has a distinctive streetscape presence, distinguishing its use as a commercial building.

Traffic & Car Parking

Clause 52.06 (Car Parking) seeks to ensure the provision of an appropriate number of car parking spaces having regard to the demand likely to be generated, the activities on the land and the nature of the locality. The applicable rate for a childcare centre is 0.22 car spaces per child. The centre will have a maximum capacity of 112 children which equates to a car parking demand of 24 car spaces.

Clause 22.07 (Discretionary Uses in a Residential Area) seeks to ensure that adequate provision is made for on-site parking. This policy sets out alternative parking rates as a guide for discretionary uses. For a child care centre the applicable rate is 0.7 car spaces per full time staff member and 0.1 car spaces per child. The child care centre will employee 24 staff members and will have a 112 child capacity equating in requirement of 27 car spaces.

The basement car park contains 27 car spaces. All of these spaces, with the exception of a disabled person’s space, will be tandem. All apart from the disabled space are tandem. The proposal therefore meets both the statutory requirement of Clause 52.06 as well as rates specified in Clause 22.07.

Council’s Traffic Engineer has reviewed the application and is generally supportive subject to the implementation of a Parking Management Plan which outlines the allocation of spaces.

A number of objectors have raised concerns that the proposal will result in increased traffic congestion within the area. The applicant commissioned a Traffic Impact Assessment which in part analysed current parking conditions. The survey in combination with traffic modelling based on other child care centres demonstrates that Centre Road can absorb the increased in traffic flows.

Centre Road is a Road Zone Category 1. As such VicRoads are the relevant determining referral authority as it pertains to altering or creating access ways. VicRoads has not objected to the proposal subject to conditions.

Council’s Traffic Engineer and Council’s Waste Management Department did not object subject to conditions. These conditions in part include the relocation of the bin enclosure from the front setback to the basement. The current location of the bin enclosure is not appropriate given its proximity to the footpath, the pedestrian entry to the building and the replanting opportunities it prevents.

Page 39 of 151




A ‘Palatanus orientalis’ (Oriental Plane) street tree will require removal to enable the construction of the eastern vehicle crossover. The application has been assessed by Council’s Street Tree Arborist who concluded that the street tree meets the criteria for removal under the Street and Park Tree Management Policy (2012).

The applicant must pay $2,259.70 to Council for the removal and replacement of the tree. This amount has been determined in accordance with Councils current policy for the removal of street tree(s).

The landscape plan submitted with the application is acceptable subject to some minor modifications. The landscape plan shows the replanting of seven (7) trees and 22 shrubs ranging in heights from 0.5 to 4.0 metres. A phoenix palm will be removed from the front setback of 125 Centre Road.

No vegetation of significance on adjoining properties will be impacted upon by the proposed development. Whilst the basement car park will extend into the Tree Protection Zone of an adjoining tree at 129 Centre Road the encroachment is less than the existing dwelling onsite.

Noise

Noise generated by the centre has been raised by objectors as a concern. The design response includes several noise attenuation measures including:

- A 2.1 metre high acoustically treated timber paling fence along the eastern, western and northern boundaries at ground floor; and

- The provision of a 2.0-2.5 metre high (above first floor level) glass screen to the first floor play space.

It is considered that these noise attenuation measures and the generous setbacks will ensure that nearby residential properties will not be subjected to unreasonable noise levels. It is also noted that the proposed hours of operation are shorter than the maximum hours permitted by Clause 22.07 of the Scheme as it relates to child care centres. The permitted operating hours of Clause 22.07 are 7.00am to 7.30pm and the proposed hours are 7.30am to 6.30pm.

Other off-site amenity impacts

The proposed development will not raise any overlooking issues due to the presence of a 2.1 metre high fence at ground level and a 2.0 – 2.5 metre high fluted glass screen around the periphery of the first floor.

The applicant has submitted shadow diagrams which indicate that the level of overshadowing that will result is relatively minor in nature and in compliance with Standard B21 of Clause 55 of the Bayside Planning Scheme.

Matters raised by objectors

Of the objections received, traffic related issues were the main concern followed by neighbourhood character issues and the introduction of a commercial use into a residential area. For immediately adjoining properties perceived noise intrusion was also a major source of concern. These issues have been discussed above. Of the remaining issues not addressed elsewhere in this report it is noted that the proposed development will not set a precedent for further commercial activities within the area. Each planning application is assessed on its individual merits and consideration would need to be given to the purposes of the zone which promotes residential development in this area and ensures non-residential uses and development are complementary and secondary to residential uses.

Page 40 of 151



CONCLUSION

The proposed development is considered to be appropriate in this location. The development is designed in a manner which, subject to minor amendments, is considered acceptable from a built form and landscape character perspective. Issues of traffic and car parking have been considered to be adequately addressed, whilst there will be little other off-site amenity impacts. The proposed development is therefore considered to comply with the relevant provisions of the Bayside Planning Scheme and accordingly approval of the application is recommended.

RECOMMENDATION

That Council having caused notice of Planning Application No. 2014/633/1 to be given under Section 52 of the Planning and Environment Act 1987 and having considered all the matters required under Section 60 of the Planning and Environment Act 1987 decides to Issue a Notice of Decision to Grant a Permit under the provisions of the Bayside Planning Scheme in respect of the land known and described as 125 – 127 Centre Road, Brighton East, for the ‘use and development of a childcare centre, associated signage, alterations to an existing crossover, creation of a new crossover onto a Road Zone Category 1’ in accordance with the application dated 29 August 2014, subject to the following conditions, including the specified conditions set out in the Council’s “Town Planning Standard Conditions” adopted by the Council on 28 November 2006:-

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

a) A landscape plan in accordance with Condition 19 of this planning permit;

b) The relocation of the bin enclosure from the ground floor into the basement area;

c) The vehicle ramps providing access/egress from the basement car park widened to 4.0 metres where the ramps meet the basement finished floor level;

d) The 0.3 metre kerbs on either side of the vehicle ramps deleted ensuring a minimum width of 3.6 metres; and

e) The tandem car spaces (1-4 and 19-27) allocated as staff only parking and car spaces 6-9 and 10- 18 allocated and clearly signed and line marked as ‘drop/off/pick up only.

f) Swept-paths diagrams must be provided illustrating the capacity for a 6.4 metre rear mini loader to enter the basement and circulate.

g) Sixty degree splays along both sides of the crossovers.

h) Adequate signage and line marking must be installed at the top of each ramp to ensure and regulate traffic to/from the street and within the basement.

i) The sight distance at the top of the ramps complying with AS2890.1 requirements. Clear splays must be provided on both sides of the ramps.

j) A longitudinal section of each ramp that shows all grades, length of grades, AHD levels and headroom clearances in accordance with AS2890.

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

3. The use may operate only between the hours of 7:30am to 6:30pm Monday to Friday.

Page 41 of 151



4. No more than 112 children may be present on the premises at any one time.

5. No more than 24 staff members are permitted on site at any one time.

6. Before the use and/or occupation of the site commences or by such later date as is approved in writing by the responsible authority, all buildings and works and the conditions of this permit must be carried out and completed to the satisfaction of the responsible authority.

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


9. Prior to the commencement of development, a Construction Management Plan (CMP) must be submitted to the Responsible Authority for approval. When approved, the plan will be endorsed and will then form part of this permit. The CMP must include (but is not limited to):

a) Pedestrian access will be maintained at all times along the Centre Road footpath adjacent to the site;

b) All site facilities will be located on site during the construction period;

c) All waste material not required for further on-site processing will 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.

d) All storage areas/external stockpiles/vacant areas must be covered and maintained to avoid dust nuisance to any residential area to the satisfaction of the Responsible Authority.

e) A truck wheel-wash must be installed and used so vehicles leaving the site do not deposit mud or other materials on roadways to the satisfaction of the Responsible Authority.

The CMP must be implemented to the satisfaction of the Responsible Authority with all works completed in compliance with environmental health requirements.

10. The amenity of the area must not be detrimentally affected by the use or development, by the:

a) transport of materials, goods or commodities to or from the land;

b) appearance of any building, works or materials;

c) emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil;

d) Presence of vermin;

e) By any other circumstances.

11. All operations of the site (internally and externally) must comply with SEPP N-1 and/or SEPP N-2 policies and/or Environment Protection Authority Technical Guidelines.

The Responsible Authority may direct the owner and/or occupier to undertake noise measurements by a suitably qualified acoustic consultant and a report must be submitted to Council for compliance in relation to the SEPP N-1 and/or SEPP N-2 policies and/or Environment Protection Authority Technical Guidelines.

Page 42 of 151



VicRoads Conditions

12. All disused or redundant vehicle crossings must be removed and the area reinstated to kerb and channel to the satisfaction of and at no cost to the Roads Corporation prior to the occupation of the buildings hereby approved.

13. The crossover and driveway are to be constructed to the satisfaction of the Responsible Authority and at no cost to the Roads Corporation prior to the occupation of the works hereby approved.

14. Prior to the occupation of the buildings hereby approved, the access lanes, driveways, crossovers and associated works must be provided and available for use and be:

I. Formed to such levels and drained so that they can be used in accordance with the plan.

II. Treated with an all-weather seal or some other durable surface.

15. Driveways must be maintained in a fit and proper state so as not to comprise the ability of vehicles to enter and exit the site in a safe manner or compromise operational efficiency of the road or public safety (e.g. by spilling gravel onto the roadway).

Public Transport Victoria Conditions

16. The existing bus stop and associated infrastructure on Centre 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

17. The permit holder must take all reasonable steps to ensure that disruption to bus operation along Centre 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.

18. Before the commencement of the use starts, a Waste Management Plan must be submitted and approved by the Responsible Authority. The Waste Management Plan must include (but is not limited to):

a) The provision of a private Commercial Waste collector.

b) Waste collection services to be carried out on site within the development boundaries.

c) Waste collection receptacles not to be stored in the road reserve at any time.

d) Details of the waste collection vehicle accessing the site.

19. Before the development starts, a landscape plan to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed and will then form part of the permit. The plan must be drawn to scale with dimensions and three copies must be provided. The landscaping plan must show:

a) a survey (including botanical names) of all existing vegetation to be retained and/or removed

b) buildings and trees (including botanical names) on neighbouring properties within three metres of the boundary

c) details of surface finishes of pathways and driveways

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

Page 43 of 151



e) landscaping and planting within all open areas of the site

All species selected must be to the satisfaction of the Responsible Authority.

The landscape plan must also indicate that an in-ground irrigation system is to be provided to all landscaped areas.

20. Before the use/occupation of the development starts or by such later date as is approved by the Responsible Authority in writing, the landscaping works shown on the endorsed plans must be carried out and completed to the satisfaction of the Responsible Authority.

21. 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.

22. Before the development starts a fee of $2259.70 must be paid to Council for the removal of the existing street tree. The cost associated with the removal and replacement of the existing street tree has been determined in accordance with Councils current policy for the removal of street tree(s). The 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(s) 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(s). Any replacement planting will be at the discretion of the Responsible Authority.



25. 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".

26. 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.

27. 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:

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

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

iii) Another Council approved equivalent.

28. Before the development begins, three sets of detailed plans indicating the method of stormwater discharge to the nominated Legal Point of Discharge (and Stormwater Detention Systems where applicable) must be lodged and approved by Council's Engineering Services department.

29. 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.

Page 44 of 151






c) The use does not start within four years of the date of this permit.

d) The use is discontinued for a period of two years.

The Responsible Authority may extend the periods referred to above if a request is made in writing:-


Within 6 months afterwards if the development/use has not commenced; or


Permit Notes

The proposed development requires the construction of a crossover, and the reinstatement of disused crossovers. Separate approval under the Road Management Act for this activity may be required from VicRoads. Please contact VicRoads prior to commencing any works.

N1 Crossover permit N2 Building approval N3 Health approval N6 Vehicle crossing removal N8 Sewerage N10 Asset Protection

Page 45 of 151



4.3

8 High Street Beaumaris Notice of Decision to Grant a Permit Application No: 2013/130/1 Ward: Central


File No: 2013/130/1

APPLICATION DETAILS

Land/Address: 8 High Street, Beaumaris

Application is for: Construct two dwellings

Melway Reference: 86/D8

Ward: Southern Ward


Applicant's/Owner's Name: Lowe Architecture

Date Received: 15 March 2013

Statutory Days Expiry: 14 May 2013

Zoning: Neighbourhood Residential Zone (NRZ3)

Overlays: Design and Development Overlay (DDO3)

Vegetation Protection Overlay (VPO3)

Under what clause(s) is a permit required? Clause 32.09-5 – NRZ3

Clause 42.02-2 – VPO3


Current use and development: Single dwelling

Objections: Three (3)

PROPOSITION


PROPOSAL

It is proposed to construct two double storey dwellings on the site.

Proposed Dwelling one will contain:

A basement parking area for one vehicle plus store, porch entry and tandem space in driveway;

Ground floor comprising main bedroom (with ensuite) plus study, laundry, powder room, open plan kitchen/dining/living area leading to alfresco areas to rear and side;

First floor comprising two bedrooms, main bathroom and rumpus room with front deck; and

Secluded private open space of 39.54m2 (alfresco) and open space of 104.79m2 (rear).

Page 46 of 151



Proposed Dwelling two will contain:

A basement parking area for two vehicles side by side plus store and porch entry;

Ground floor comprising main bedroom (with ensuite), laundry, powder room, open plan kitchen/dining/living area leading to two separate alfresco areas to rear and side;

First floor comprising two bedrooms, main bathroom and study/rumpus room with front deck; and

Secluded private open space of 34.0m2 (alfresco) and open space of 122.15m2 (rear).

There are a total of 17 trees on the site and a further nine trees immediately adjacent the site.

There are five trees (tree no’s 1 to 4 and 19) on the site protected by the VPO3. It is proposed to remove three of these trees (tree no’s 1 to 3). It is also proposed to remove a further seven trees (tree no’s 5 to 11), which are not protected under the VPO3 or the Local Law and are exotic species.

A total of seven trees (tree no’s 4, 12 to 16 and 19) on the site are proposed to be retained.


The site is a rectangular shaped block located on the east side of High Street, having a total area of 740m2.

A single storey brick dwelling occupies the site, setback approximately 16.7 metres from the High Street frontage and is currently provided with vehicular access along the southern side of the site.


To the east of the site (rear) at 27 Dalgetty Road is a single storey rendered brick dwelling.

To the south of the site at 10 High Street is a double storey brick dwelling.

To the north of the site at 6 High Street is a double storey brick dwelling.

PERMIT/SITE HISTORY

Title and Covenants

The applicant has submitted a copy of title for the subject site, issued by the titles office on 14 March 2013. The title is not subject to any covenants or restrictions.

Background

No previous planning applications have been determined for subject site.

PUBLIC NOTIFICATION


Sending notices to owners and occupiers of adjoining and adjacent land, and

Placing a sign facing High Street.

The notification has been carried out correctly and the statutory declaration has been returned.

Council received three (3) objections to date.

Page 47 of 151



Locality Plan

Note: One objector is located beyond the boundaries of this map.

Legend

Subject Site

Objector

The key issues that were raised in the objections are:

Local landscape character

Impact on property prices

Fencing

Car parking and access

North facing habitable room window and overshadowing

Side boundary setbacks

Overlooking

Location of mechanical plant

Tree preservation and excavation

Page 48 of 151



CONSULTATION

A consultation meeting has not been held.

REFERRALS

There is no requirement to refer this application to any external referral authorities.

The application was referred to the following internal departments within Council:


Arborist No objection subject to conditions

Drainage Engineer No objection subject to conditions

Traffic Engineer No objection subject to conditions

Street Tree Arborist No objection subject to conditions

Urban Designer No objection no conditions

ASSESSMENT










Page 49 of 151




Clause 12 Environmental and Landscape Values - This clause includes the protection of biodiversity including native vegetation retention and the provision of habitats for native plants and animals and the control of pest plants and animals. The clause seeks to achieve a net gain in the extent and quality of native vegetation and aims to recognise and enhance the value of coastal areas to the community and ensure sustainable use of natural coastal resources. The clause seeks to protect landscapes and significant open spaces that contribute to character, identity and sustainable environments. This clause requires strategies that ensure sensitive landscape areas such as the bays and coastlines are protected and that new development does not detract from their natural quality.

Clause 13 Environmental Risks - This clause seeks to adopt best practice environmental management and a risk management approach which aims to avoid or minimise environmental degradation and hazards and to identify and manage the potential for the environment and environmental changes and their impact on the economic, environmental or social wellbeing of society. The objectives of this clause include the need to plan for and manage the potential coastal impacts of climate change and to protect areas prone to erosion, landslip or other land degradation processes and the need to assist the control of noise effects on sensitive land uses.

Clause 14 Natural Resource Management - Clause 14 aims to assist in the conservation and wise use of natural resources including energy, water, land, stone and minerals to support both environmental quality and sustainable development through the protection and, where possible, restoration of catchments, waterways, water bodies, ground water and the marine environment and to undertake measures to minimise the quantity and retard the flow of stormwater runoff from developed areas.








Page 50 of 151






Clause 21.04 Environmental and Landscape Values – seeks to assist the conservation of biodiversity through retention of native vegetation, protection of habitat and control of pest plants and animals to and protect the flora and fauna values of the Bay Road Heathland Sanctuary and complement the conservation measures outlined in the current Bay Road Heathland Masterplan.

Clause 21.05 Environmental Risks – This provision seeks to protect the surface waters and ground waters in the Port Phillip catchment from stormwater pollutants and the impacts of peak stormwater flows by providing a drainage system that promotes the on-site retention and re-use of stormwater run-off regulating overland flow to prevent flooding and improves water quality, particularly in terms of run-off to the Bay.


Clause 22.06-1 Neighbourhood Character Policy – Aims to encourage development in the area that responds to the particular built form and natural environment elements that make up the neighbourhood character of Bayside.

Clause 22.06-2 Neighbourhood Character Objectives – Aim to ensure that development is responsive to the preferred future character of the area and to retain and enhance the identified elements that contribute to the character of the area.


Zone

Clause 32.09-5 Neighbourhood Residential Zone - Aims to recognise areas of predominantly single and double storey residential development and to limit opportunities for increased residential development. The zone aims to manage and ensure that development respects the identified neighbourhood character, heritage, environmental or landscape characteristics and to implement neighbourhood character policy and adopted neighbourhood character guidelines.

A planning permit is required pursuant to Clause 32.09-5 of the Bayside Planning Scheme to construct two or more dwellings on a lot.

Page 51 of 151



Overlays

Clause 42.02 Vegetation Protection Overlay Schedule 3 – Seeks to prevent the loss of native and particularly indigenous vegetation incurred by development, to retain the amenity, aesthetic character and habitat value of Australian native vegetation and indigenous vegetation in particular within the Beaumaris and Black Rock area and to promote the regeneration and replanting of indigenous species in the Beaumaris and Black Rock area.

A planning permit is required to remove vegetation native to Australia in accordance with this provision. These trees are discussed later in this report.

Clause 43.02 Design and Development Overlay Schedule 3 – Aims 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. The overlay aims to preserve the existing character and amenity of the areas as low rise (up to two storeys) suburban areas with a strong garden character. The overlay seeks to maintain the prevailing streetscape rhythm, building scale and height of neighbourhoods and to maintain a strong landscape character with buildings set within vegetated surrounds.

A planning permit is not required pursuant to this clause to construct a building or to construct or carry out works for a residential building or dwelling.


The following particular provisions are relevant to the assessment of this application:


Clause 55 Two or more dwelling on a lot – Specifies objectives and standards for the construction of two or more dwellings on a lot within a Residential 1 Zone. Included within are requirements pertaining to the design response, neighbourhood character and infrastructure, site layout and building massing, on-site amenity and amenity impacts of the proposal.

General Provisions



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

Neighbourhood Character

The subject site is located within Neighbourhood Character Precinct H3 pursuant to Clause 22.06 of the Bayside Planning Scheme. Clause 22.06 outlines the following Preferred Character Statement for the precinct:

The bushy gardens surrounding the dwellings dominate the streetscapes. Where the topography is hilly, the buildings are set within the landscape, and are sometimes sited to take advantage of water views without dominating the streetscape. Adequate space is provided around dwellings for the retention and planting of

Page 52 of 151



vegetation, and indigenous canopy trees are common. Low or open style front fences are usually provided, in order to retain the openness of the front garden to the street.

Precinct Guidelines


To strengthen the bushy

garden character of the area

through the planting of

appropriate species.

Retain large established trees and

understorey, and provide for the planting of

new indigenous trees wherever possible

(locate footings outside root zone).


applications for new dwellings that utilises

appropriate native, preferably indigenous,

vegetation.

Minimise impervious surfaces particularly in

front garden spaces to ensure space for

plantings.

Lack of landscaping and

substantial vegetation.

Removal of large established

trees.

Planting of environmental weeds

To maintain the rhythm of

spacious visual separation

between buildings and

ensure adequate space is

provided around buildings for

the retention and planting of

vegetation.

Buildings should be sited to allow space for a

garden, including trees and shrubs.



accommodate vegetation.

Loss of front garden space.

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.

Underground car parking accessed from the

front of the site should only be provided

where other options are not possible due to

site constraints, the garage doors do not

dominate the façade and the front setback

area is retained as predominantly garden

space.

Car parking structures that

dominate the façade or view of

the dwelling.

To minimise site disturbance

and impact of the building on

the landscape.

Buildings should be designed to follow the

contours of the site on sloping sites.

Minimise the use of retaining walls and

battering of slopes.

Design new buildings and extensions so as

not to exceed the predominant tree canopy

height.

Major excavation works and site

levelling.

Buildings that protrude above

the tree canopy height.

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.

Recess upper levels from the front façade.

Large, bulky buildings

Poorly articulated front and side

wall surfaces.

To use building materials

and finishes that

Use a mix of materials, textures and finishes

including render, timber, non-masonry

Period reproduction styles and

detailing.

Page 53 of 151




complement the natural

setting.

sheeting, glazing, stone and brick.

To maintain the openness of

the front garden to the street.

Provide open style front fences, other than

along heavily trafficked roads.

Use vegetation as an alternative where

possible.

High or solid front fences.

This application is considered to be consistent with the objectives and design responses identified in Precinct H3 above. In particular, the proposed layout has been designed to provide areas on the site for substantial landscaping while retaining some of the existing mature vegetation in response to the requirements of Council’s Arborist.

The subject site has a significant slope upwards from the street front and while the basement garage doors will be visible from the street level, they will be reasonably hidden given the slope of the land both towards the rear as well as across the site in a north/south direction.

While the proposed setbacks to the side boundaries from the ground and first levels are not in full compliance, it is more as a result of the characteristics of the site topography rather than the overall building design not suiting the site. The front portion of the site that includes the basement parking and driveway will be subject to major excavation works.

It is considered that the proposed layout will not be visually dominant in the streetscape, with the ground floor having sufficient setbacks to side boundaries to provide a sense of visual separation to other dwellings on adjoining properties. In addition, the two dwellings provide a varying height at the front of the property as the site drops away on the south side.

Precinct H3 requires areas of the site to be made available for substantial landscaping and it is considered that this has been achieved in the proposed design within the front and rear setback areas. The proposed development has, therefore, been designed to maintain the garden setting in keeping with surrounding properties.

Setbacks

Street setback

The proposal is consistent with Standard B6 of the Bayside Planning Scheme with a minimum 9 metre setback to High Street being established from the main front wall of both dwellings.

Side and rear setbacks

The required and proposed side and rear setbacks are as follows:

Ground First


East (rear) 0 or 3m 10.6-12.7m 4.2-4.5m 11.1-11.9m

North (side) 0 or 2m 1.7-2.4m

3.4-4.5m

3.3-3.6m

South (side) 0 or 2m 1.7-2.6m 3.4-6.1m 3.3-3.8m

The subject site has a significant slope at the front portion from the street up to the rear of the site as well as a ‘hollow’ nearby the southern side boundary where a stone retaining wall runs along the front boundary up to 1.5 metres in height.

Page 54 of 151



In order to achieve the proposed design on the site, there will be significant excavation at the frontage in order to create the parking and driveways for each dwelling, resulting in the finished design having exaggerated wall heights and non-complying side boundary setbacks at the front part of the site. This is more pronounced for the ground and first levels for dwelling 2 where the wall along the southern side boundary at the front of the site will reach a maximum height of 8 metres from the natural ground level whereas at the rear the building will have a maximum height of only 6 metres. The proposed setback at the maximum wall height will be 3.7 metres in lieu of a 6.1 metre setback required under the zone, which is a significant variation on the standard.

However in light of the local neighbourhood character, it is generally regarded that the proposed setbacks will be acceptable given that the existing visual separation to dwellings on adjoining properties to the north and south will still be maintained. The amount of visual separation between neighbouring dwellings will be consistent with other development in the area as a result of built form on adjoining properties in proximity to the common boundary, is single storey, with upper floors being further setback.

Visual Bulk

It is considered that the overall view of the building from the streetscape will not be overly bulky or present as overdevelopment of the site. The design provides some variation in height between the two dwellings together with a range of materials and finishes and articulation to the side elevations that will create visual and architectural interest. The visual separation to existing neighbouring dwellings located on either side of the subject site is considered to be sufficient to respond to the objectives of Neighbourhood Character Precinct H3. As stated above, the visual separation in maintained as a result of existing built form on adjoining properties being only single storey in proximity to the common boundary with the subject site.

In addition, the design has sought to minimise the loss of front garden space with elevated garden spaces provided to the side of each driveway leading to the basement parking areas, further offsetting the visual impact of the building when viewed from the street front.

Overlooking

All of the first floor level habitable room windows for both dwellings meet Standard B22 of the Bayside Planning Scheme with minimum sill heights at 1.7 metres above the finished floor levels.

At the ground level, the internal fencing at a height of 2 metres will meet ensure that Standard B22 is met.

Overshadowing

Given the east/west orientation of the site, the majority of shadows will be contained within the property. The shadow cast to the neighbouring properties adjoining to the south and north will, therefore, be minimal. The proposal is compliant with Standard B21 of the Bayside Planning Scheme.


The proposed provision of car parking in the development meets the requirements of Clause 52.06. The application has been referred to Council’s Traffic Engineer, and issue has been raised with regard to the potential steepness of the driveways. It is recommended that detail of the longitudinal sections of the driveways be required as a condition of the permit in order to confirm that they will comply with AS2890.1.

Council’s Traffic Engineer originally raised issue with vehicle access and sightlines around the crossover as well as the need to maintain one (1) on-street car space at the property frontage

Page 55 of 151



between the two crossovers. However, it is considered that these issues are of less importance now given that it is proposed to retain the existing stone wall that currently traverses along the front boundary of the property. This wall was originally proposed to be removed as part of the proposal but now it will be retained to add to the overall character of the site. This is considered to be an integral part of the existing streetscape character in the locality and will result in having to retain the existing driveway in its current location. The retention of this stone wall will also mean that the existing sightlines for those vehicles exiting the site, will not change. This is considered to be a reasonable trade that will help to maintain some of the existing character of the property important to its current context.

The remaining required amendments include a minimum 7 metre width between the two crossings at the property frontage to ensure retention of one on-street car parking space plus a new crossover for Dwelling 1. These will be included as conditions of the permit.


The site is within a Vegetation Protection Overlay (VPO3). The purpose of the VPO3 is:

To protect areas of significant vegetation,

To ensure that development minimises loss of vegetation,

To preserve existing trees and other vegetation,

To recognise vegetation protection areas as locations of special significance, natural beauty, interest and importance,

To maintain and enhance habitat and habitat corridors for indigenous fauna.

To encourage the regeneration of native vegetation.

The table below outlines the trees to be removed and those to be retained from the site. Importantly, it identifies those trees protected by the VPO3, those protected by a Local Law (not requiring a planning permit for their removal) and those that are not protected.

There are seven trees (tree no’s17 to 24) on the adjoining neighbour’s properties, which are all to be retained and will not be impacted by the proposed development. The neighbour’s trees are a variety of native and exotic species.

There are two street trees in the nature strip directly in front of the site. These are trees 25 and 26. Tree 26 is proposed to be removed. Conditions are included in the recommendation to ensure tree 25 is not impacted during construction and appropriate replacement planting occurs for the removal of tree 26. Council’s Open Space Arborist has no objection to the removal of the street tree.

There are 17 trees identified and considered on the site within the applicant’s Arborist report, with a total of seven trees proposed to be removed and seven trees (tree no’s 4, 12 to 16 and 19) to be retained. Of the seven trees to be removed, only three are native (tree no’s 1 to 3) and protected by the VPO3.

Protected by the VPO Protected by the Local Law Not protected

Proposed for removal To be retained

Proposed for removal To be retained

Proposed for removal

To be retained

Supported for removal

Not Supported

Tree Nos. 4, 19

Supported for removal

Not Supported

Tree Nos.

N/A

Tree Nos. 5, 6, 7, 8, 9

Tree Nos. 12, 13, 14, 15, 16

1, 2, 3 N/A N/A N/A

Page 56 of 151



Tree no’s 1 to 3 and 5 to 11 are proposed to be removed to accommodate the dwellings. These trees lie largely in the middle of the site and would impact on any future development proposed on this site. The trees are mostly of low retention value, except tree no 1 (Norfolk Island Pine) which has a medium retention value. Council’s Arborist has reviewed the trees and has no objection to their removal, subject to:

That the existing stone retention wall is retained in part, being from the northern property boundary to a point of the proposed drive;

Work specifications, in that some form of retention device is deployed prior to the excavations for the drive;

Removal of all services from the north-western portion of the property to the south side of the existing drive;

Deletion of all ground level changes in the north-west portion of the property.

Conditions are imposed in the recommendation which:

Ensure retention of the existing stone retaining wall at the front boundary with modifications for the new crossover,

Relocate the services (water meter and gas meter) to the letterbox associated with dwelling 1, which will provide for the retention of trees in the northwest corner of the site.

Submission of engineering details associated with the stone wall retention during excavations works.

Accordingly, the removal of three trees protected by the VPO3 to accommodate the two dwellings is considered to be an acceptable outcome and minimises the loss of vegetation, consistent with the objectives of the VPO3.

Further, the proposed removal is considered to be consistent with the Decision Guidelines of the VPO3 for the following reasons:

The majority of trees to be removed from the site are exotic while a condition of the permit will require replacement plantings to consist of a minimum of 80% indigenous plantings, resulting in an overall net benefit to the native landscape character preferred for the Beaumaris area.

It is proposed to offset the removal of trees with a minimum of 80% indigenous plantings on the site. The appearance of the proposed development will not, therefore, detract from the overall landscape value and character of the Beaumaris locality.

The vegetation to be retained on the site will continue to have a positive contribution to the overall quality of habitat on the site and the surrounding area. The proposal has sought to restrict native vegetation removal to a minimum, being mostly contained within the middle of the site.

Objectors concerns

Matters not discussed above in the assessment of the application and raised by objectors are discussed below:

Impact on property values

A reduction in property values is not a planning consideration and, therefore, cannot be considered in the assessment of the proposal.

Page 57 of 151



Boundary fencing

The erection of boundary fencing is a private matter between the two adjoining owners but in the context of this development, it is required in order to provide privacy for private open space areas from neighbouring windows and recreation areas.

Location of mechanical plant

A condition requiring the location of mechanical plant and equipment to be shown on the plans is recommended as a condition of the permit.

CONCLUSION

The proposed development is consistent with urban consolidation policies identified in State and Local Policy Frameworks, and will not adversely impact the amenity of adjoining properties.

It is recommended that the application be supported subject to conditions, as follows.

RECOMMENDATION

That Council having caused notice of Planning Application No. 2013/130/1 to be given under Section 52 of the Planning and Environment Act 1987 and having considered all the matters required under Section 60 of the Planning and Environment Act 1987 decides to Issue a Notice of Decision to Grant a Permit under the provisions of the Bayside Planning Scheme in respect of the land known and described as 8 High Street, Beaumaris, to Construct two dwellings in accordance with the application dated 15/03/2013, subject to the following conditions, including the specified conditions set out in the Council’s “Town Planning Standard Conditions” adopted by the Council on 28 November 2006:-

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 amended plans dated 3 April 2014 but modified to show:

a) Longitudinal sections of both driveways showing all grades, length of grades and levels in accordance with the requirements of AS2890.1;

b) Relocation of services (water meter and gas meter) to the letterbox associated with Dwelling 1;

c) A 3 metre wide new vehicle crossing with a 1.8 metre offset from the northern property boundary, centred to the driveway, for Dwelling 1;

d) A minimum 7 metre width between the two crossings at the property frontage to ensure retention of one on-street car parking space;

e) Location of all mechanical plant and equipment including air conditioning condensers;

f) An amended landscape plan in accordance with Condition 9 of the planning permit and the details of the Arborist report by Andrew Traczynski dated 10 July 2014 showing the following:

i. Details of Tree Protection Zones for street tree (Banksia) and existing vegetation to be retained on the site and neighbouring properties.

Page 58 of 151



ii. Retention of the existing front boundary stone wall, with modifications to accord with the new crossover.

iii. Engineering details demonstrating how the stone wall and associated tree retention will occur during excavation works.

g) Water Sensitive Urban Design measures in accordance with Condition 16 of the planning permit.


3. Before the development starts, a schedule of construction materials, external finishes and colours (incorporating 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.


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

7. Before the occupation of the development starts, the areas set aside for the parking of vehicles and access lanes as shown on the endorsed plans must be:

a) Constructed;

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

c) Surfaced with an all-weather-seal coat; and

d) Drained.

To the satisfaction of the Responsible Authority.


8. The vehicular crossing must be constructed to the road to suit the proposed driveway 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. When approved, the plan will be endorsed and will then form part of the permit. The plan must be drawn to scale with dimensions and three copies must be provided. The landscaping plan must be generally in accordance with the landscape concept plan dated July 2014 prepared by Zenith Concepts Landscape Design and the plan must show:

e) A survey (including botanical names) of all existing vegetation to be retained and/or removed;

f) A minimum 80% indigenous species;

g) Buildings and trees (including botanical names) on neighbouring properties within three metres of the boundary

h) Details of surface finishes of pathways and driveways;

Page 59 of 151



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

j) Landscaping and planting within all open areas of the site; and

k) The requirements of Condition 1 relating to the landscape plan.

All species selected must be to the satisfaction of the Responsible Authority. The landscape plan must also indicate that an in-ground irrigation system is to be provided to all landscaped areas.

10. Tree Protection Fencing is to be established around the street tree (Banksia) 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 Australian Standards 4970 Protection of trees on development sites.

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.

11. Root pruning within the TPZ (Tree Protection Zone):

Prior to spoil excavation, a trench along the line of the proposed crossover must be dug by hand.

All affected roots must be correctly pruned according to AS 4373-2007.

12. Before the occupation of the development starts or by such later date as is approved by the Responsible Authority in writing, the landscaping works shown on the endorsed plans must be carried out and completed to the satisfaction of the Responsible Authority.


14. Before development commences the applicant must pay $1,291.61 to the Responsible Authority for the removal and replacement of the existing street (next to the Banksia Tree). This amount has been determined in accordance with Council’s 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(s) 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(s). Any replacement planting will be at the discretion of the Responsible Authority.

15. All existing vegetation shown on the endorsed plans to be retained must not be removed, destroyed, pruned or lopped without the written consent of the Responsible Authority, all tree pruning must be carried out by a qualified Arborist to AS 4373, (Pruning of Amenity Trees).

16. 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

Page 60 of 151



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.




19. 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. The design must meet the requirements of Council's discharge of Pumped Subterranean Water Associated with Basements or Below-Ground Structures.

20. 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.

21. Before the development begins, three sets of detailed plans indicating the method of stormwater discharge to the nominated Legal Point of Discharge (and Stormwater Detention Systems where applicable) must be lodged with Council's Engineering Services department for approval.


23. Stormwater discharge is to be retained on site to the pre-development level of peak stormwater discharge. The development is to have a Stormwater Detention System installed, the design capacity to be to the satisfaction of the Responsible Authority.

Page 61 of 151










Permit Notes

Council records indicate that there is an easement on the property, as indicated on the plans. But there are no proposals to build over or encroach into the easement with any building/structure of note. Any proposals to be built over an easement will require Build Over Easement approval from the responsible Authority(s).

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 the connection to the Council Drain / kerb / channel.

Page 62 of 151



Standards Of The Bayside Planning Scheme

Two Or More Dwellings On A Lot (Clause 55 And Schedule To The Neighbourhood Residential Zone)


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 Contributes to a preferred neighbourhood character as site is located within Precinct H3. See report.

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

Yes Refer report.

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

N/A N/A

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

Yes The developer will be responsible for any necessary upgrades to accommodate the development.

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

Yes The proposed development has been designed and orientated to integrate with the street. An identifiable front entrance with a porch will be visible from the street for both dwellings.

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

Yes Minimum: 9 metres Proposed: Min. 9.0 metres to front walls

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

Yes Maximum: 9 metres Proposed: 7.3 metres – Dwelling 1 8.1m – Dwelling 2

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

Yes Maximum: 50% Proposed: 44.9%

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

Yes Minimum: 20% Proposed: 44%

Page 63 of 151



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 orientated to incorporate north facing secluded private open space and living room windows for Dwelling 1 and a private open space area to the rear for Dwelling 2 that will have some northern aspect.

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

N/A N/A

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

Yes The proposed layout of the development does not present any security issues for residents.

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 Refer 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.

Yes The proposal incorporates basement car parking. Council’s Traffic Engineer has raised no objection subject to conditions.

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

B16 Parking Provision Ensure car and bicycle parking meets the needs of residents and visitors. Accessways should be practical, attractive and easily maintainable.

Removed under Ministerial Amendment VC90

Page 64 of 151



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

Yes Refer Table below

Ground First


East (rear) 0 or 3m 10.6-12.7m 4.2-4.5m 11.1-11.9m

North (side) 0 or 2m 1.7-2.4m

3.4-4.5m

3.3-3.6m

South (side) 0 or 2m 1.7-2.6m 3.4-6.1m 3.3-3.8m

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

Yes Maximum: 10m + 25% of the remaining length of the boundary =12.7m Proposed: South side – 6.38m Proposed maximum height of basement boundary wall is 2.696 metres.

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

Yes All existing habitable room windows within close proximity of the development meet the minimum Standard.

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

Yes There is an existing north facing habitable windows within 3m of the site on the adjoining property at 10 High Street. However, the proposed setbacks to the ground and first floor walls meet the Standard.

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

Yes Refer report.

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

Yes Refer report.

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

Yes Complies from first floor windows

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

Yes The proposed development will not result in any additional noise impacts over what can reasonably be expected from a residential development.

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

Yes The development can easily be retrofitted to accommodate people with limited mobility in the future if required.

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

Yes Entries to the dwellings are identifiable from the street and common driveway and present a sense of identity.

Page 65 of 151



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

Yes Minimum setbacks to side and rear boundaries and separation to existing dwellings on adjoining lots provides opportunity for adequate light infiltration.

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

Yes Dwelling 1 Required: 25m2 (min 3m dimensions) Proposed:26.1m2(>3m dimensions) secluded and total POS =104.79sqm Dwelling 2 Required: 25m2 (min 3m dimensions) Proposed: 24.64 (>3m dimensions) secluded and total POS = 122.15sqm

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

Yes Both dwellings provided with open space to rear with north east aspect. There will be sufficient sunlight to meet Standard.

B30 Storage Provide adequate storage facilities for each dwelling.

Yes Minimum 6cm of storage in each basement garage.

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

Yes The proposed dwellings have been designed to respect the preferred character of the area for Precinct H3.

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

No Required: 1.2m Proposed: No 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.

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 Sufficient space exists on site for all site services.

Page 66 of 151



TREE ASSESSMENT - SUMMARY

Tree

No. Name/species Origin

Protected

by VPO

Retention

value Comments

Protected by

Local Law

Supported

for removal

1

Araucaria heterophyla

(Norfolk Island Pine) Native Yes Medium

Good health and

structure No Yes

2

Leptoapermum

laevigatum

(Coast Tea Tree) Indigenous Yes Low

Some decay in

lower trunk and

leaning form No Yes

3

Leptoapermum

laevigatum

(Coast Tea Tree) Indigenous Yes Low

Leaning

prostrate form,

main stem

resting on

ground No Yes

5

Eriobotrya japonica

(Loquat) Exotic No Low

Fair health, poor

structure No Yes

6

Cordyline australis

(New Zealand

Cabbage Tree) Exotic No Low

Fair health and

structure No Yes

7

Cordyline australis

(New Zealand


Yellowing, poor

vigour, dead

parts No Yes

8

Trachycarpus fortune

(Chusan Palm) Exotic No Low

Fair health,

good structure No Yes

9

Cordyline australis

(New Zealand


Dead and

decaying parts,

poor structure No Yes

Page 67 of 151



Page 68 of 151



4.4

28 Tennyson Street Sandringham Notice of Decision to Grant a Permit Application No: 2011/377/2 Ward: Southern


File No: 2011/377/2

APPLICATION DETAILS

Land/Address: 28 Tennyson Street Sandringham

Application is for: Section 72 amendment to an additional dwelling on a lot approved by Planning Permit 2011/377/1

Melway Reference: 76/H10

Ward: Southern Ward


Applicant's/Owner's Name: Urban Solutions / Martin and Elizabeth Patane

Date Received: 13 August 2014


Zoning: Neighbourhood Residential Zone, Schedule 3 (NRZ3)

Overlays: Design and Development Overlay, Schedule 1 (DDO1)

Under what clauses is a permit required? Clause 32.09 - Neighbourhood Residential Zone.

Restrictions on the title? Yes

Current use and development: Vacant site

Objections: Three

PROPOSITION


BACKGROUND

Planning Permit 2011/377/1 was issued on 24 April 2012 for the “construction of one additional double storey dwelling”. An extension of time was granted to extend the commencement date for development to 24 April 2016. This application seeks approval to amend this dwelling.

The lot on which the second dwelling is to be located has been subdivided in accordance with Planning Permit 2012/4362/2.

PROPOSAL

This application seeks approval to construct a different dwelling at the rear of the site to that previously approved by Planning Permit No. 2011/377/1.

This new double storey dwelling is setback between 5.34 metres and 15.48 metres from the Tennyson Street frontage. This frontage will be defined by a 1.8 metre high timber paling fence.

Page 69 of 151



At ground floor, the dwelling will comprise a double garage, theatre, games room, laundry and two bedrooms with ensuites. The first floor comprises the main living areas including an open plan kitchen, dining and living area with access to a north facing al fresco. A pool and spa will adjoin this al fresco. The remainder of the first floor living accommodation comprises a study, powder room and master bedroom with dressing room and ensuite bathroom.

The dwelling adopts a contemporary, modular design with a flat roof. The ground floor presents a brick and rendered finish whilst the first floor is framed with Scyon Matrix Cladding and a paint finish. The first floor balcony will be finished in Corten steel to conceal views of the pool. The dwelling will stand to a maximum height of 7.9 metres.

There are no works proposed to the existing front dwelling onto Fernhill Road.


An inspection of the site and the surrounding area has been undertaken. The subject site forms Lot 2 on Plan of Subdivision PS 711463 and is located on the southern side of Tennyson Street near the corner of Fernhill Road. The site is generally regular in shape apart from an angled frontage to Tennyson Street. Measuring 484.84 square metres, the site is currently vacant.

The site is encumbered by four easements. E-1 is 1.2 metres wide and extends along the eastern boundary. This easement provides light and air to boundary windows of the front dwelling. The three remaining easements provide for drainage and sewerage.

The main locality characteristics are:

To the north-east of the site at, 28 Fernhill Road, is a double storey dwelling which is subject to a Heritage Overlay;

To the north of the site, at 30 Fernhill Road, is a double storey brick dwelling;

To the south-east of the site, at 32 Fernhill Road, is a double storey dwelling; and

To the south-west of the site, at 26 Tennyson Street, is a double storey dwelling and at 5 Campbell Street is a single storey dwelling which sits at a lower natural ground level than the subject site.

PERMIT/SITE HISTORY

Title and Covenants

The applicant has submitted a copy of title for the subject site, issued by the titles office on 22 October 2014. The title is burdened by a Section 173 Agreement (AL100958E) dated 22 May 2014 which requires the site to be subdivided in accordance with the development approved by Planning Permit No. 2011/377/1 or any amendments to the endorsed plans of this permit.

This application seeks to amend the endorsed plans. The S173 agreement is the reason why this application has been lodged as an amendment to Planning Permit 2011/377/1 rather than as a new application.

It is considered that the proposal does not result in a breach of the agreement.

Page 70 of 151



Background

The following planning applications have been determined for the subject site:

App. No. Proposal Determination Date

2012/4362/2 Amendment to approved Planning Permit for two lot subdivision. Amendments relate to removal of a visibility splay and the inclusion of a requirement for an open space contribution should Lot 1 be further subdivided.

Permit (Delegate) 30/10/2012

2012/4362/1 Two lot subdivision in accordance with Planning Permit 2011/377/1

Permit (Delegate) 30/08/2012

2011/377/1 Construction of one additional double storey dwelling Extension of time extending the date by which the development must commence to 24 April 2016.

Permit (Council) Permit (Delegate)

24/04/2012

30/04/2015

2006/333/1 Two lot subdivision Permit (Delegate) 05/09/2006

2004/870/1 Construction of a double storey dwelling to the rear of an existing dwelling, including a roof deck

Permit (Council)

12/09/2005

Permit now expired.

PUBLIC NOTIFICATION



Placing a sign on site.

The notification has been carried out correctly and Council has received three objections to date. It is noted the objector at 30 Fernhill Road is listed as the owner of the subject site. This application has not been made on his/her behalf but rather a third party. Pursuant to Section 48 of the Planning and Environment Act 1987, “if the applicant is not the owner of the land for which the permit is needed, an application must …(b) include a declaration by the applicant that the applicant has notified the owner about the application.”

The applicant has confirmed that the owner has been notified of the application.

Page 71 of 151

http://www.austlii.edu.au/au/legis/vic/consol_act/paea1987254/s3.html#owner

http://www.austlii.edu.au/au/legis/vic/consol_act/paea1987254/s3.html#land

http://www.austlii.edu.au/au/legis/vic/consol_act/paea1987254/s3.html#permit

http://www.austlii.edu.au/au/legis/vic/consol_act/paea1987254/s3.html#owner



Locality Plan

Legend

Subject Site

Objector

The key issues that have been raised in the objections are:

The presentation of the pool / spa and the al fresco area to Tennyson Street;

Visual bulk to Tennyson Street and adjoining properties;

The development is unresponsive to the prevailing neighbourhood character and wider area with several heritage properties;

Overlooking; and

Noise.

CONSULTATION

The applicant declined an invitation to a consultation meeting as they considered it unlikely changes could be made which would satisfy the concerns of objectors.

Page 72 of 151



REFERRALS

The application was referred to the following Council Departments for comments.


Arborist No objection, subject to conditions.

Drainage Engineer No objection, subject to conditions.

Traffic Engineer No objection, subject to conditions.

Street Tree Arborist No objection, subject to conditions.

ASSESSMENT












Page 73 of 151













Clause 22.06-1 Neighbourhood Character Policy – Aims to encourage development in the area that responds to the particular built form and natural environment elements that make up the neighbourhood character of Bayside.

Clause 22.06-2 Neighbourhood Character Objectives – Aim to ensure that development is responsive to the preferred future character of the area and to retain and enhance the identified elements that contribute to the character of the area.


Zone


A planning permit is required to construct one dwelling on a lot pursuant to Clause 32.09-4 of this provision. It is further noted the Section 173 Agreement on the title requires the consent of Council to amend the permit.

Page 74 of 151



Overlays

Clause 43.02 Design and Development Overlay Schedule 1 – Aims to protect and enhance the foreshore environment and views of Bayside from Port Phillip Bay and to relate the scale and form of any new development to the landform of the coast. The overlay aims to maintain a pedestrian scale along Beach Road and to maintain consistency with urban design and development objectives in the Bayside Coastal Strategy 1997 and the Victorian Coastal Strategy 2002. The policy seeks to protect the foreshore from overshadowing, to manage the increased pressure for higher buildings along the coast and to protect the amenity and privacy of residential properties.

A planning permit is not required pursuant to this provision as the floor to floor / ceiling heights do not exceed 3.5 metres and no roof deck is proposed. It is noted the raised ceilings above the first floor master bedroom and living area are considered architectural voids and do not require a planning permit pursuant to this provision.



The number of car parking spaced provided on site complies with the requirements of this provision.

Clause 54 Construction and extension of one dwelling on a lot - Specifies objectives and standards for the construction and extension of a dwelling on a lot under 500 square metres within a Residential 1 Zone. Included within are requirements pertaining to the design response, neighbourhood character and infrastructure, site layout and building massing, on-site amenity and amenity impacts of the proposal.

General Provisions



An assessment of the key planning issues and matters raised by objectors follows.


The subject site is located within Neighbourhood Character Precinct F1 pursuant to Clause 22.06 of the Bayside Planning Scheme.

The Preferred Future Character Statement of the precinct reads:

The dwellings, including a continued frequent presence of pre WW2 dwellings, sit within garden settings. Buildings are occasionally built to the side boundary, however the impression of the streetscape is of informality and openness due to the open front fencing, and well articulated building designs. Buildings and gardens are clearly visible from the street despite the presence of front fences, and these are appropriate to the building era. Buildings fronting the foreshore reflect their setting and provide a visually attractive built form interface with the reserve.

Page 75 of 151




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.

To maintain and enhance the garden settings of the dwellings, and enhance the bayside vegetation character.

Retain established trees and vegetation.

Replace any trees removed with species

that will grow to a similar height.

Encourage replanting of indigenous

sandbelt vegetation.

Prepare a landscape plan to accompany

all applications for new dwellings that

includes substantial trees and shrubs,

and indigenous coastal vegetation.


Removal of trees.

Planting of environmental weeds.

To ensure the building setbacks reflect the existing spacious visual separation of buildings and contribute to the informality of the dwelling setting.

Buildings should be sited to allow space

for the planting of trees and shrubs.


appearance of space between buildings

and accommodate substantial

vegetation.

Loss of front garden space.

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.

Underground car parking accessed from

the front of the site should only be

provided where other options are not

possible due to site constraints, the

garage doors do not dominate the

façade and the front setback area is

retained as predominantly garden

space.

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

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

Recess second storey elements from

the front façade.

High pitched or mansard roof forms with dormer windows.

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.

Large bulky buildings with flat, poorly articulated front wall surfaces.

To reflect the lightness of the streetscape created through the use of a mix of appropriate building materials and finishes.

Incorporate a variety of timber or other

non-masonry wall materials where

possible.

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

To maintain the openness of the streetscape and views to the dwellings.

Provide open style front fences, other

than along heavily trafficked roads.

High, solid front fencing.

Page 76 of 151




Front fence style should be appropriate

to the building era.

To create a visually interesting and attractive built form interface with the foreshore reserve.

Articulate the form 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 articulated roof forms to create

an interesting skyline when viewed from

the beach.

Buildings that have no relationship to the foreshore setting.

Poorly articulated roof and building forms.

Highly reflective materials or glazing.

The area surrounding the subject site contains a mix of dwelling styles ranging from low scale 1930s/1940s single storey pitched roof dwellings (some subject to Heritage Overlay), to more recent contemporary double storey infill development.

Whilst the preferred neighbourhood character encourages first floor elements to be recessed from the ground floor, this policy also encourages the articulation of front facades. The proposal will marginally cantilever the ground floor built form. This design response will provide a highly articulated front façade with a mix of materials and finishes including brick, Corten steel cladding and render. The first floor is heavily glazed and will provide a ‘lightness’ to the upper floor to ensure the dwelling does not dominate the streetscape. This is subject to the deletion of the frame above the al fresco and pool/ spa.

Policy specifically discourages masonry columns and piers. The proposed piers create a commercial feel which does not reflect architectural styles adopted elsewhere within the streetscape. Should a permit issue, it is recommended that a condition be included requiring the frame to be deleted and the ground floor supporting structures finished in a mix of contemporary and traditional coastal materials including render, timber, non-masonry sheeting, glazing, stone and brick.

The proposed dwelling will be detached from the existing dwelling at 30 Fernhill Road to the east to provide visual separation between the built forms. Although the dwelling will be attached to the adjoining dwelling to the west, the attached element on this boundary will only occur at ground floor level and will be setback 15.48 metres from the site frontage. The upper storey will be setback 2.4 to 2.9 metres. Due to the shape of the lot, a ground floor side setback of one to 1.67 metres and 1.67 to 2.77 metres at first floor continues to maintain a degree of visual separation with the adjoining property at 26 Tennyson Street. It is further noted all vegetation, apart from one tree, has previously been removed and the proposed works include well sited and meaningful landscaping in all open areas of the site which will assist in softening the appearance of the dwelling.

A new 1.8 metre high timber paling fence is also proposed along the Tennyson Street frontage. It is recommended that this height be reduced to 1.2 metres to maintain the openness of the streetscape and views of the dwelling.

Page 77 of 151



Setbacks

Street Setback

The existing dwelling on the adjoining lot to the west (26 Tennyson Street) is setback approximately 15.48 metres from the street whilst the neighbouring dwelling at 30 Fernhill Road is setback approximately 6.05 metres. The proposed dwelling is setback a minimum of 5.34 metres which fails to comply with the 9 metre requirement of Standard B6. The reduced setback is considered acceptable in this instance for the following reasons:

The triangular frontage of the lot imposes a significant constraint on the siting of the new dwelling;

The proposed staggered setback provides adequate stepping of built form between both adjoining dwellings at 26 Tennyson Street and 30 Fernhill Road. This setback continues the angled form of buildings parallel to Tennyson Street; and

The facade architectural features which limits the dominance of the built form and provide an interesting and contemporary interface with the street. This is subject to the addition of the aforementioned columns.

Side and Rear Setbacks

The required and proposed side and rear setbacks are as follows:

Ground Floor First Floor


North-East (Side)

0, 2.00m and 2.72m

1.00m, 1.67m and 2.27

3.8m, 3.86m and 5.38m

1.67m, 2.27, 2.77m, 3.8m and

4.9m

South-West (Side)

1, 2.00 and 2.06m 0m, 1.00m, 1.8m

and 2.9m 4.18m and 5.98m

2.4m, 2.9m, 3.4 and 3.8m

South-East (Rear) 0, 3.00m

3.4m to verandah and 5.89m to

façade. 4.92m 3.4m

All areas of non-compliance are underlined.

North-east (side)

The wall of the ground floor theatre room is setback approximately 1 metre from the north-east common boundary with 30 Fernhill Road. Other areas of non-compliance include the laundry proposed at 1.67 metres in lieu of 2.0 metres and the stairwell proposed at 1.67 metres in lieu of 2.72 metres. These areas of non-compliance are either located opposite a blank wall or a fence screened with vegetation and it is considered that these reduced setbacks will not generate impacts to the adjoining property.

At first floor the majority of the built form is proposed to be setback between 2.27 and 2.77 metres in lieu of 3.86 metres while the raised ceiling features are proposed to be setback between 3.8 metres and 4.9 metres in lieu of 5.38 metres.

These areas of non-compliance do not generate any adverse off-site effects given they are not opposite any sensitive interfaces. The reduction in setbacks are not considered to result in any unreasonable impacts to the adjoining property at 30 Fernhill Road. It is noted that a non-habitable room window is located along this common boundary at ground floor level and two highlight

Page 78 of 151



windows are located at first floor level. These windows are protected by a 1.2 metre wide air and light easement located along the common boundary. These windows are screened to prevent overlooking.

South-west (side)

To the ground floor south-west side boundary a variation of 1.0 metre is proposed to both ensuites while a 0.26 metre variation is sought for bedrooms 2 and 3. These variations are considered acceptable as they do not create any unreasonable amenity impacts to the adjoining by way of significant overshadowing or visual bulk.

At first floor the proposed variation from 4.18m to 2.9m is not acceptable and will result in unreasonable amenity impacts through visual bulk and overshadowing to the adjoining neighbour at 5 Campbell Street, particularly as this site sits at a much lower natural ground level than the subject site. It is considered that the setback at this location should be increased to provide the minimum setback requirement of 4.18 metres resulting in the reconfiguration of the master bedroom suite. The raised ceiling element at this location should be relocated so as to sit centrally within the amended roof form.

South-east (Rear)

The rear setback is proposed at 3.4 metres in lieu of 4.92 metres. This area of non-compliance will also result in unreasonable visual bulk and amenity impacts to adjoining neighbours including overshadowing. It is recommended that a condition requiring this element to be reconfigured to comply with the required setbacks be included on any permit issued. The master bedroom, ensuite and dressing area in conjunction with all living spaces at first floor are generously proportioned and it is considered the required setbacks will not undermine the liveability of the dwelling given sufficient space will still exist to accommodate living spaces and a bedroom.

Subject to the recommendations noted, the overall building form will be more compact than that previously approved and condition will further limit visual bulk.

Overlooking

At ground floor the north-east facing games room window sits diagonally opposite a non-habitable room window at 30 Fernhill Road. A 1.2 metre wide air and light easement runs along this common boundary and it is noted that the adjacent window is screened.

The first floor north-east facing dining window, al-fresco and pool / spa create overlooking opportunities into the secluded private open of 30 Fernhill Road. It is recommended these elements be screened in accordance with Standard B22 of Clause 55.

All windows to the south-western elevation (apart from the pantry) are required to be screened in accordance with Standard B22.

All other windows are to feature sill heights in excess of 1.70 metres above finished floor level to prevent overlooking whilst the ground floor deck has a visual barrier exceeding 1.8 metres high to all side and rear boundaries to also prevent overlooking.

Overshadowing

The overshadowing diagrams at 22 September has been assessed and found to be inaccurate. The overshadowing diagrams indicate an additional 1.5 metres of overshadowing at 9am, an additional 3 metres of overshadowing at noon and an additional 3 metres at 3pm.

A review of these diagrams reveals that at 9am the proposed development is non-compliant with the requirements of Standard B21 and the overshadowing to the secluded private open spaces of 5 Campbell Street fails to preserve a minimum of 40m² of unshadowed area for five hours between 9am and 3pm. However given recommended conditions requiring side and rear setbacks to be

Page 79 of 151



increased to comply with the schedule to the NRZ, the extent of overshadowing is compliant with Standard B21.

The additional shadows cast at noon will result is some marginal increase in overshadowing to the secluded private open spaces of 5 and 9 Campbell Street and 32 Fernhill Road. The extent of overshadowing at this time largely falls within the shadows cast by the existing boundary fences.

By 3pm the shadowing falls over the roof of the adjoining property at 30 Fernhill Road where a marginal increase in shadowing beyond the existing fence line will be experienced. The extent of overshadowing is compliant and it is noted the main areas of secluded private open spaces are located to the north-east and north-west of this site and will not be overshadowed.

Traffic & Car Parking Car parking is to be provided in a double garage, accessed directly from Tennyson Street via a new crossover. Council’s Traffic Engineer has viewed the proposal and raised no objection.

The proposed parking arrangements comply with the requirements of Clause 52.06.

Open Space The dwelling will be provided with secluded private open space in the form of a private garden area at the rear of the dwelling totalling 68m² with supplementary first floor al fresco of 15m². Additional private open space (approximately 80m²) would have been provided within the front setback of the dwelling although the reduced height of the fence will not render this space private.

The amount of private open space complies with the requirements of Standard B28 of Clause 55 of the Bayside Planning Scheme.


The application was referred to Council’s Arborist who noted there is only one tree on the site, a small Acer pseudoplatanus (Sycamore) which has a low amenity and retention value. The removal of the tree is accepted on this basis and the fact it is of little value to the streetscape.

The Arborist generally supports the proposed landscaping plan subject to a condition requiring a canopy tree capable of reaching minimum dimensions at maturity of 8 metres high x 4 metres width located within the front setback.

Council’s Street Tree Arborist offers no objection to the proposal subject to conditions. The Arborist notes the proposed crossover will have minimal impact on a Corymbia ficifolia (Red-flowering Gum) street tree fronting the property, close to the east boundary provided there is no soil excavation within 2.0 metres from the tree’s stem at ground level.

Matters Raised by Objectors

Objectors have raised concerns that the type of Planning Permit Application made is incorrect.

Planning Permit 2011/377/1 was issued for the construction of a second dwelling on a lot and this application seeks to amend this dwelling albeit to an entirely new design. Pursuant to Condition 8 of Planning Permit 2012/4362/1 (Subdivision Permit) written consent from the Responsible Authority (Council) is required to amend the approved design. This application forms a request for written consent.

Concerns have been raised regarding the lack of information provided to Council, specifically relating to the location of the pool plant equipment. It is noted that these have not been identified on the plans reviewed by Council, but a condition requiring their siting does form a recommended condition.

Page 80 of 151



CONCLUSION

The proposal has been assessed and is considered appropriate with respect to the requirements of the Bayside Planning Scheme. The built form exhibits a general level of compliance with Clause 55, and the design is responsive to the site’s context. Subject to conditions, the dwelling will not result in any unreasonable amenity impacts upon neighbouring properties and will positively contribute to streetscape character.

RECOMMENDATION

That Council having caused notice of Amend Planning Permit 2011/377/2 to be given under Section 52 of the Planning and Environment Act 1987 and having considered all the matters required under Section 60 of the Planning and Environment Act 1987 determine to Issue a Notice of Decision to Grant an Amended Permit under the provisions of the Bayside Planning Scheme in respect of the land known and described as 28 Tennyson Street, Sandringham for a Section 72 amendment to an additional dwelling on a lot approved by Planning Permit 2011/377/1 in accordance with the plans dated 23 October and 2 December 2014, subject to the following conditions:-

1. Before the development starts, amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the plans received 23 October and 2 December 2014 but modified to show:

a. The framed structure to the first floor north-facing al fresco and pool/ spa deleted and replaced with a canopy extending no more than 2 metres from the first floor front façade.

The ground floor supporting structures for the swimming pool / spa must be finished in a mix of contemporary and traditional coastal materials, textures and finishes, including render, timber, non-masonry sheeting, glazing, stone and brick.

b. Screening in accordance with Standard B22 (Overlooking) of Clause 55 of the Bayside Planning Scheme:

the north-east and south-west facing living room windows;

the north-east and south-west facing al fresco area, pool / spa;

the north-east facing dining room window;

the south-west facing study window;

the south-west facing master bedroom window; and

the south-west facing ensuite window.

c. The front fence to Tennyson Street reduced to a maximum height of 1.2 metres.

d. The first floor south-west side setback to the master bedroom increased to 4.18 metres. The raised ceiling element at this location must be relocated so as to sit centrally within the amended form of the rear of the dwelling.

e. The first floor rear setback increased to a minimum of 4.92 metres and the ground floor rear verandah redesigned to incorporate a flat roof not exceeding 3

Page 81 of 151



metres in height above the finished floor level of the deck below.

f. The provision of 6m³ storage space on site.

g. Water Sensitive Urban Design measures in accordance with Condition 16;

h. A schedule of all external materials and finishes to be provided to the satisfaction of the Responsible Authority. The schedule shall show the materials, colour (including two colour samples) and finish of all external walls, roof, fascias, window frames and paving (including car park surfacing); and

i. All plant and equipment (including air conditioning units, heating units, hotwater systems, etc.) which is proposed to be located externally shall be identified on the plans and located to the satisfaction of the Responsible Authority. Such equipment should be located away from bedrooms of adjoining properties.


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 and the conditions of this permit must be carried out and completed to the satisfaction of the Responsible Authority.



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

7. Car spaces, access lanes and driveways must be kept available for these purposes at all times.

8. Vehicular crossings must be constructed to the road to suit the proposed driveways to the satisfaction of the Responsible Authority and any existing crossing or crossing opening must be removed and replaced with footpath, nature strip, and kerb and channel to the satisfaction of the Responsible Authority.

9. All disused or redundant vehicle crossings must be removed and the area reinstated to kerb and channel to the satisfaction of the Responsible Authority.

10. Before the development starts, a landscape plan generally in accordance with Urban Solutions; Amling Residence, 28 Tennyson Street, Sandringham; Ground Floor Plan – Landscape Layout; Rev. C – Upgrade Plan To Planning Req; 14/10/14. 4099TP4, C. must be submitted to and approved by the Responsible Authority but modified to show:

a. A canopy tree capable of reaching minimum dimensions at maturity of 8 metres high x 4 metres wide located in the front setback.

b. A survey including botanical names of all existing vegetation to be retained and/or removed

c. Buildings and trees including botanical names on neighbouring properties within three metres of the boundary

d. Details of surface finishes of pathways and driveways

e. A planting schedule of all proposed trees, shrubs and ground covers,

Page 82 of 151



including botanical names, common names, pot sizes, sizes at maturity, and quantities of each plant

f. Landscaping and planting within all open areas of the site

All species selected must be to the satisfaction of the responsible authority.

The landscape plan must also indicate that an in-ground irrigation system is to be provided to all landscaped areas.

11. Tree Protection fencing must be installed approximately 2 metres inside the boundary fence around the following trees:

The row of Prunus sp. (Prunus lusitanica, Portugese laurel) located in the north/east corner of the neighbouring property at 26 Tennyson Street, adjacent to the shared boundary fence with 28 Tennyson Street.

A Lemon tree located in the north-west corner of the adjacent property 30 Fernhill Road, adjacent to the shared boundary fence with 28 Tennyson Street.

A Pittosporum tenuifolium (Kohuhu) located in the neighbouring property to the rear 32 Fernhill Road, adjacent to the shared boundary fence.

a. The tree protection fences must be installed before site works start and not be removed until the site is landscaped.

b. The fence should be 1.8 metres high chain mesh or similar.

c. No works are to occur inside the Tree Protection Fencing.

12. Tree Protection Fencing is to be established around the street tree prior to demolition and maintained until all works on site are complete.

a. The fencing is to be constructed and secured so its positioning cannot be modified by site workers.

b. The fencing is to encompass the entire naturestrip under the drip line of the tree.

c. The Tree Protection Zone is to be established and maintained in accordance with Australian Standards 4970 (Protection of trees on development sites).

No excavation may occur within 2.0 metres from the street tree’s stem at ground level.

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. Before the occupation of the development or by such later date as is approved by the Responsible Authority in writing, the landscaping works shown on the endorsed plans must be carried out and completed to the satisfaction of the Responsible Authority.


15. 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

Page 83 of 151



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; and

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



16. The nominated legal point of discharge for the development is the front of the property where water must be collected and free drained via a pipe to the Council drain to Council standards. If the point of discharge cannot be located then notify Council’s Asset Management Department.

17. Stormwater discharge is to be retained for that portion above the discharge calculated using a Coefficient runoff - 0.35. The development is to have a 'Stormwater Detention System' installed the design capacity to be Council approved.

18. Any seepage / agricultural drainage water (filtered to rain water clarity) must be discharged to the nearest Council Drain /Pit and not be discharged to the kerb and channel.

19. All on-site stormwater is to be collected from the hard surface areas and must not be allowed to flow uncontrolled into 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.

20. Before the development begins, detailed plans (3 sets) draw to scale and indicating the method of stormwater discharge to the nominated 'Legal Point of Discharge' (and Stormwater Detention Systems where applicable), must be lodged with Council's Asset Management department for approval.


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

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


Before the permit expires; or Within 6 months afterwards if development has not commenced; or

Page 84 of 151



Within 12 months afterwards if the development has lawfully commenced. 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.

Building approval must be obtained prior to the commencement of the above approved works.

Consultation should take place with Council respect of the removal 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, Mon-Fri 9:00am to 1:00pm on 9599 4638.

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 the connection to the Council Drain/kerb/channel.

Date Brief description of amendment

12 May 2015 Amendment to plans under Section 72 of the Planning and Environment Act 1987:

Amendment to Planning Permit

Condition 1 reworded to refer to plans dated 23 October and 2 December 2014

Condition 1 a) to f) added and the remaining conditions renumbered.

Addition of arboricultural conditions at 10 to 13 inclusively and remaining conditions renumbered.

Amendment to plans

Plans substituted with Urban Solutions Plans 4099 TP1 to TP4 Rev C date stamped by Council 23 October 2014 and 2 December 2014.

Page 85 of 151



STANDARDS OF THE BAYSIDE PLANNING SCHEME For Two Or More Dwellings On A Lot (Clause 55 And Schedule To The Neighbourhood Residential

Zone)



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 report for assessment.

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 Policy allows for two dwellings on a lot in this area.

B3 Dwelling Diversity

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

N/A N/A

B4 Infrastructure

Provides appropriate utility services and infrastructure without overloading the capacity.

Yes The developer will be responsible for any necessary upgrades at the time of construction to accommodate the development.

B5 Integration with the Street

Integrate the layout of development with the street

Yes Direct and clearly defined vehicle and pedestrian access. A condition recommending the front fence height to be reduced to 1.2m will assist in further integrating the development with the street.

B6 Street Setback

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

No Required: 9m

Proposed: Minimum 5.34m

See report for further assessment.

B7 Building Height

Building height should respect the existing or preferred neighbourhood character.

Yes Required: 8m

Proposed: 7.9m

Page 86 of 151



B8 Site Coverage

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

Yes Required: 50%

Proposed: 42.9%

B9 Permeability

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

Yes Required: 20%

Proposed: Approximately 38%

The applicant has not provided a written report demonstrating compliance with Clause 22.08 of the Bayside Planning Scheme. However a 3,000L rain water tank has been annotated on the plans. A condition has been included requiring the applicant to demonstrate compliance with Clause 22.08 prior to the commencement of the development.

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 has been designed to maximise solar access and provide for effective passive energy use. While the orientation of the lot generally requires that secluded private open space be to the rear (south) of the dwelling, this space directly adjoins the ground floor living area. The supplementary private open space (first floor al fresco) has been located to the north of the dwelling to maximise solar access.

B11 Open Space

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

N/A N/A

B12 Safety

Layout to provide safety and security for residents and property.

Yes The entrance to the proposed dwelling will be visible from the street and not obscured.

Page 87 of 151



B13 Landscaping

To provide appropriate landscaping.

To encourage:

Development that respects the landscape character of the neighbourhood.



Yes A landscape plan will be required by conditions on any permit issued.

B14 Access

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

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

Yes The number of crossovers is considered acceptable.

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 Parking spaces are conveniently located for the dwellings.

B16 Parking Provision

Ensure car and bicycle parking meets the needs of residents and visitors.

Accessways should be practical, attractive and easily maintainable.

Yes/No Compliant with Particular Provision 52.06.

Removed under Ministerial Amendment VC90. See report for assessment under Particular Provision 52.06 that replaced B16.

Page 88 of 151



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

North-East (Side)

South-West (Side)

South-East (Rear)

North-East (Side)

South-West (Side)

South-East (Rear)

Required:

Ground Floor

2.00m and 2.72m

2.00 and 2.06m

3.00m

First Floor

3.8m, 3.86m and 5.38m

4.18m and 5.98m

4.92m

Proposed:

1.00m, 1.67m and 2.27m

0m, 1.00m, 1.8m and 2.9m

3.4m to verandah and 5.89m to façade.

1.67m, 2.27, 2.77m, 3.8m and 4.9m

2.4m, 2.9m, 3.4 and 3.8m

3.4m

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.

No Maximum: 18.925m not exceeding an average height of 3.2m with no part higher than 3.6m.

Proposed: 7.02m with an average height of 3.45m.

The proposed variation is considered acceptable as adjacent to a garage on the adjoining property at 26 Tennyson Street which stands to a height of 2.8m.

Page 89 of 151



B19 Daylight to Existing Windows

Allow adequate daylight into existing habitable room windows.

N/A The boundary windows of 30 Fernhill Road are non-habitable and therefore the standard is not considered as being applicable to this assessment.

It is noted if these windows did serve habitable rooms, ground and first floor setback of 3.3 metres would be required.

B20 North Facing Windows

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

N/A North facing habitable room windows on the adjoining property at 30 Fernhill Road are not affected by the proposed development.

B21 Overshadowing Open Space

Ensure buildings do not significantly overshadow existing secluded private open space.

Yes, subject to recommended conditions

See report.

B22 Overlooking

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


See report.

B23 Internal Views

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


See report.

B24 Noise Impacts

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

Yes The site is in an established residential area where no atypical noise sources are anticipated.

B25 Accessibility

Consider people with limited mobility in the design of developments.

Yes The lift ensures all levels can be easily accessed.

B26 Dwelling Entry

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

Yes The dwelling entry is identifiable from the streetscape.

B27 Daylight to New Windows

Allow adequate daylight into new habitable room windows.

Yes Sufficient space around new habitable windows will ensure adequate light infiltration into new dwelling

Page 90 of 151



B28 Private Open Space

Provide reasonable recreation and service needs of residents by adequate private open space.

Yes Required:

80sqm (POS)/25sqm (SPOS)

Proposed:

68m² (secluded private open space to the rear) plus 15m² (alfresco area)

B29 Solar Access to Open Space

Allow solar access into the secluded private open space of new dwellings/buildings.

Yes The secluded private open space has generally been located to the rear of the dwelling and the first floor al fresco area.

Due to the orientation of the site, the ground floor areas of secluded private open space will be overshadowed by the built form on site and of adjoining properties for the majority of the day. This area is still considered usable and will assist in providing space for outdoor services.

The primary area that benefits from good solar access is the first floor, north-facing al fresco area which will not be overshadowed throughout the course of the day. A condition requiring an amended design response to the proposed weather protection element has been included in the recommendation section of this report.

B30 Storage

Provide adequate storage facilities for each dwelling.

Yes Adequate storage is provided in the garage.

B31 Design Detail

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

Yes See report.

B32 Front Fences

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

No Required: 1.2m

Proposed: 1.8m

A planning permit condition has been added to satisfy this requirement to ensure views to the streetscape and opportunities for passive surveillance.

Page 91 of 151



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 N/A

B34 Site Services

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


Yes There is sufficient room to provide for bin storage, clotheslines and can all easily be accessed on site. All building services will be installed in accordance with the requirements of relevant service authorities.

Page 92 of 151



4.5

1 Florida Avenue Beaumaris Notice of Decision to Grant a Permit Application No. 2014/61/1 Ward: Southern


File No: 2014/61/1

APPLICATION DETAILS

Land/Address: 1 Florida Avenue, Beaumaris

Application is for: Construction of two (2) double storey dwellings and removal of native vegetation

Melway Reference: 86 B7

Ward: Southern


Applicant's/Owner's Name: Lowe Architecture

Date Received: 11 February 2014 (Amendment declaration received 16 September 2014)

Statutory Days Expiry: 15 November 2014


Overlays: Design and Development Overlay Schedule 1 (DDO1)

Vegetation Protection Overlay Schedule 3 (VPO3)

Under what clause(s) is a permit required? Clause 32.09-5 Neighbourhood Residential Zone Schedule 3

Clause 43.02 Vegetation Protection Overlay Schedule 3

Restrictive covenants on the title? Covenant A258282


Objections: Two (2)

PROPOSITION


PROPOSAL

This application seeks approval to construct two (2) double storey dwellings and removal of native vegetation. This development is detailed on amended plans received on 16 September 2014 prepared by Lowe Architecture. The proposal consists of the following:

Dwellings 1 and 2 mirror one another and at ground level they consist of a bedroom with built in robe and en-suite, W.C, laundry and open plan kitchen, dining and living. At first floor are an additional 2 bedrooms, rumpus, W.C. and bathroom.

Each dwelling will be provided with double garages.

Page 93 of 151



Each dwelling has private open space to the rear and side accessible from the living area.

Dwelling 1 is accessible via an existing crossover and access to dwelling 2 is proposed via a new crossover.

The dwellings will be largely finished in rendered masonry, blockwork and stand to a height of 7.2m.

Trees for removal and retention are as follows (some of which are on neighbouring land):

o Trees for removal that require a permit under the VPO3 are Trees 1, 2, 3, 6, 7, 19, 23 – 26, 43.

o Other trees to be removed not requiring a planning permit are 5, 14, 21 and 38 - 42.

o Trees to be retained are 4, 8 - 13, 15 - 18, 20, 22, 27 - 30, 31- 37

See map below showing trees.

Page 94 of 151



Page 95 of 151





The site is located on the Northern side of Florida Avenue and is currently occupied by a single storey dwelling. The site has an overall area of 745m2.

The site is adjoined by:

A double storey dwelling to the north, at 4 Pacific Boulevard;

A double storey dwelling to the east, at 3 Florida Avenue;

Two double storey dwellings to the south at 2 and 2A Florida Avenue; and

Two dwellings on separate lots to the west at 6 and 8 Haydens Road.

The surrounding area generally consists of single and double storey dwellings. Dwellings are predominantly located on medium sized lots. There are some examples of medium density housing developments, however these are not common and vegetation is prominent in the front and rear setbacks with a strong bushy character.

PERMIT/SITE HISTORY

There are no previous planning permit applications for this site.

Title and Covenants The applicant has submitted a copy of title for the subject site, issued by the titles office on 11 February 2014. The title is subject to Covenant A258282, which states that: “[the proprietor] will not erect or cause to be erected on the said lad hearby transferred any building or buildings other than a building or buildings constructed with exterior walls of brick or concrete” Such covenants are not uncommon and are usually directed at ensuring minimum standard of buildings on land affected by the covenant to ensure that buildings are not constructed of ‘cheap’ materials which ‘might lower the tone of the estate.’ The covenant requires materials only be of brick or concrete. The elevation plans submitted with the application shows that the dwellings will be constructed from rendered masonry and blockwork. It is considered that these materials are not in breach of the covenant.

PUBLIC NOTIFICATION



Placing one (1) sign on site fronting Florida Avenue.

The notification has been carried out correctly and Council has received two (2) objections to date.

The key issues raised in objections are as follows:

Unnecessary removal of vegetation due to the siting of the dwelling and location of driveway

Non-compliant front and side setbacks

Traffic safety concerns

Overdevelopment

Is not consistent with the low density and informal garden character of the area

Page 96 of 151



Does not support state policy with regards to Clause 11.02-1 Supply of urban land, Clause 15 Built Environment and Heritage and Clause 16.01-2 Location of Residential Development

Is inconsistent with local policy with regards to Clause 21.02 Bayside Key Issues and Strategic Vision, Clause 21.04 Environmental and Landscape Values, Clause 21.06 Built Environment and Heritage 21.06-1 Character and Identity and Clause 22.06 Neighbourhood Character Policy – Precinct H4

Locality Plan

The other objection was received from a PO Box address.

Legend

Subject Site

Objector

CONSULTATION

The applicant declined an invitation to a consultation meeting as they considered there were no further amendments that could be made to the plans that would satisfy objector’s concerns.

Page 97 of 151



REFERRALS

The application plans was referred to the following Council departments:

Internal Referral Agency Response

Arborist No objection

Drainage Engineer No objection

Traffic Engineer No objection

Street Tree No objection

ASSESSMENT State Planning Policy Framework

Clause 9 - Plan Melbourne Amendment VC30 was gazetted on 30 May 2014. The amendment introduces Plan Melbourne into all planning schemes state wide. The objectives of Plan Melbourne are listed in a re-ordered Clause 11. These objectives are:






To maximise the growth potential of Victoria by developing a state of cities which delivers choice, opportunity and global competitiveness?

As a consequence of the introduction of Plan Melbourne, all references to its predecessor (Melbourne 2030) have now been deleted from the State Planning Policy Framework along with the Activity Centre Hierarchy central to Melbourne 2030. This includes the deletion of the references used in association with this hierarchy, including 'Principal Activity Centres', 'Major Activity Centres' and 'Neighbourhood Activity Centres'. These references have now been replaced with 'Activity Centres' and 'Neighbourhood Centres'.


Clause 12 Environmental and Landscape Values - The objectives of planning should include the protection of the health of ecological systems and the biodiversity they support as well the conservation of areas with identified environmental and landscape values. This objective includes the protection of biodiversity including native vegetation retention and the provision of habitats for native plants and animals and the control of pest plants and

Page 98 of 151



animals. Clause 12.01-2 seeks to achieve a net gain in the extent and quality of native vegetation. Clause 12.02-1 aims to recognise and enhance the value of coastal areas to the community and ensure sustainable use of natural coastal resources. Clause 12.02-4 encourages suitably located and designed coastal and marine tourism opportunities. Clause 12.02-5 seeks to improve the environmental health of the bays and their catchments. Clause 12.04-1 aims to ensure the protection and conservation of environmentally areas such as Port Phillip Bay and its foreshores. Clause 12.04-2 seeks to protect landscapes and significant open spaces that contribute to character, identity and sustainable environments. This clause requires strategies that ensure sensitive landscape areas such as the bays and coastlines are protected and that new development does not detract from their natural quality.











Clause 21.04 – Environmental and Landscape Values – Seeks to retain significant tree and vegetation cover, protect habitat provided by established trees and gardens, protect indigenous vegetation forming part of the corridor along the sandbelt, and recognise the substantial contribution of the Highett Grassy Woodland which contribute to biodiversity at both a local and regional level.


Page 99 of 151






Zone


A planning permit is required pursuant to Clause 32.09-5 of the Bayside Planning Scheme to construct two or more dwellings on a lot. A proposal should meet the requirements in the Schedule to the Zone.

Overlays

Clause 43.02 Design and Development Overlay Schedule 1 – Seeks to protect and enhance the foreshore environment and views of Bayside from Port Phillip Bay and to relate the scale and form of any new development to the landform of the coast. The policy aims to maintain a pedestrian scale along Beach Road and to maintain consistency with urban design and development objectives in the Bayside Coastal Strategy 1997 and the Victorian Coastal Strategy 2002.The overlay advocates to protect the foreshore from overshadowing, to manage the increased pressure for higher buildings along the coast and to protect the amenity and privacy of residential properties.

A planning permit is not required in accordance with this provision to construct a building not more than 2 storeys and where the floor to floor heights are less than 3.5m.

Clause 42.02 - Vegetation Protection Overlay Schedule 3 – Seeks to prevent the loss of native and particularly indigenous vegetation incurred by development, to retain the amenity, aesthetic character and habitat value of Australian native vegetation and indigenous vegetation in particular within the Beaumaris and Black Rock area and to promote the regeneration and replanting of indigenous species in the Beaumaris and Black Rock area. A planning permit is required to remove vegetation native to Australia in accordance with this provision. These trees are listed at the start of this report.

Page 100 of 151





A planning permit is not required under this provision on the basis that all required car parking spaces are provided on site.

Clause 55 Two or more dwelling on a lot - Specifies objectives and standards for the construction of two or more dwellings on a lot within a Neighbourhood Residential Zone. Included within are requirements pertaining to the design response, neighbourhood character and infrastructure, site layout and building massing, on-site amenity and amenity impacts of the proposal.

General Provisions


SUMMARY OF KEY ISSUES Neighbourhood Character

The preferred future character statement of Precinct H4 is:

The single and double storey dwellings sit within the topography and informal landscaped surrounds, including remnant and indigenous coastal trees. The variety of dwelling styles reflect the coastal setting through their design, details and finishes. An informal feel to the streetscapes is achieved by spaces around buildings, the lack of or unobtrusive style of front fencing and informal street treatments. Along Beach Road, development responds to its highly visible location on the edge of the coast by providing visually interesting forms and facades. Informal street treatments remain in those streets with no kerbing and remnant street tree planting is retained.

Precinct Guidelines


To enhance the bayside

vegetation character of the

area through the planting of

indigenous coastal species.


applications for new dwellings that utilises

indigenous coastal species.

Retain large, established trees and provide

for the planting of new trees and shrubs

wherever possible (locate footings outside

root zone).

Lack of a landscape plan.

Removal of large established

trees.

Use of exotic species and

planting of environmental weeds

To maintain the rhythm of

spacious visual separation

between buildings.

Dwellings should be sited to create the


to accommodate substantial vegetation.

To minimise the dominance

of car parking structures and

the loss of front garden

space.

Locate garages and carports behind the line

of the dwelling.

Minimise paving in front garden areas

including driveways and crossovers.

Car parking facilities that

dominate the façade or view of

the dwelling.

Creation of new crossovers and

Page 101 of 151




Underground car parking accessed from the

front of the site should only be provided

where other options are not possible due to

site constraints, the garage doors do not

dominate the façade and the front setback

area is retained as predominantly garden

space.

driveways or wide crossovers.

Front setbacks dominated by

impervious surfaces.

To ensure that new buildings

and extensions do not

dominate the streetscape.

To encourage innovative

architecture that reflects the

bayside setting.

New buildings should be individually designed

to respond to the characteristics of the bay

side location and the site.

Incorporate building elements and details that

contribute to a lightness of structure including

balconies, verandahs, glazing and light

transparent balustrading.

Large, bulky buildings with

poorly articulated front and side

wall surfaces.

Heavy design detailing (eg.

Masonry columns and piers).

Highly reflective materials or

glazing.

To use lighter looking

building materials and

finishes that complement the

bayside setting.

Use a mix of contemporary and traditional

coastal materials, textures and finishes

including render, timber, non-masonry

sheeting, glazing, stone and brick.

Period reproduction styles and

detailing.

To maintain the openness of

the streetscape and views to

coastal garden settings.

Provide open style front fencing, other than in

exceptional circumstances.

High or solid front fencing.

To create a visually

interesting and attractive

built form interface with the

foreshore reserve, on

properties fronting Beach

Road and visible from the

reserve.

Where the properties front to both Beach

Road and another street, ensure the

dwellings present visually interesting

elevations on all faces visible from the public

domain.

Use landscaping materials and coastal plants

within the front setback that contribute to the

coastal character and amenity of the street.

Provide articulated roof forms to create an

interesting skyline when viewed from the

beach.

Provide low or open style front fencing along

Beach Road frontages.

Flat, poorly articulated roof

forms and facades visible from

the public domain.

High, solid front fencing on

Beach Road.

The only tree identified as having medium retention value by the Arborist, was tree 23. Unfortunately, whilst the tree is of value and could be retained, under the controls of the Vegetation Protection Overlay 3 and Council’s Local Laws, any native tree within 2.0m of an existing dwelling or that overhangs an existing dwelling is exempt from requiring Council permission for its pruning and in turn removal. Therefore based on this exemption, it is difficult to request the tree be retained as it does inhibit construction to parts of the dwelling and under current controls could be completely pruned back and therefore Council supports its removal and will include conditions to ensure adequate replanting occurs.

Page 102 of 151



The proposal is considered to comply with all relevant purposes of the Neighbourhood Residential Zone the presentation of double garages and the purpose requiring ‘to implement and adopt neighbourhood character policy.’ The purposes of the Neighbourhood Residential Zone are considered to represent an appropriate test for the purposes of neighbourhood character as they encompass State and Local Planning Policy as well as providing additional guidance. Whilst the purpose does not expressly cover Standard B1 of ResCode, it is considered that the objectives and decision guidelines of Standard B1 are adequately incorporated into the purpose and decision guidelines of the Neighbourhood Residential Zone. The proposal for double garages with non-compliant setbacks and excessive vegetation removal in the front setback of this site does not respect identified characteristics of the area and does not accord with adopted neighbourhood character policy and guidelines. Accordingly, it is considered that the recommendation below be included in any notice of decision to be granted. The issue of the garages is discussed in the next paragraph.

The proposal seeks approval for two double garages, both with non-compliant side setbacks and one with a non-compliant front setback. The character policy seeks for developments “to minimise the dominance of car parking structures and the loss of front garden space.” A front façade of double garages and front doors does not satisfy this objective as there is little visual interest, no activation and no passive surveillance created at ground floor. Furthermore, double garages with non-complaint side setbacks will further enhance the appearance of garages dominating the façade, will reduce rhythm of visual separation between dwellings, minimise landscaping opportunities between properties and will increase the hard paving in the front setback due to the requirement for driveways to accommodate a double garage. It is recommended that the garages be reduced to single garages, side setbacks be a minimum of 2.0m, the store for dwelling 1 be relocated and that a habitable room (eg study) be added to the front next to the entrances. There is sufficient room to accommodate a 3.0m wide habitable room, especially if the excessive 2.3m wide entrances are reduced in width. Tandem parking spaces is accepted under Clause 52.06 of the Bayside Planning Scheme and presentation of single garages with compliant setbacks will satisfy the existing and preferred character of the area. The requirement to reduce the garages to single garages is not solely based on the character objective to reduce dominance of parking facilities but also the objective for enhancing of vegetation character. The existing front setback is well vegetated with a density and quantity of trees and shrubs that contribute to the bushy character setting. This visual appearance of landscaping in the front setback is consistent and existent for a length of approximately 75m, where dwellings at 3, 5 and 7 Florida Avenue also have a very similar vegetated front setback. Due to the siting of the proposed development and the location of accessways and garages, there is net loss of vegetation and whilst it will be replanted, the front setback will change from a heavily vegetated area to a sparse area that will require time for this garden setting to grow and return to a vegetated profile which is common in the area and other streets (notably Coral Avenue). So whilst Council can support the removal of trees and a two dwelling development, reducing the garages to single garages and in turn reducing the pacing requirements will in turn give the site the best opportunity for planting spaces and for the front setback to grow back into the bushy setting which the local residents benefit from and properties relate to. The size and bulk of the dwellings are minimal and due to the levels of recession and articulation will respect the building mass and style of dwellings in the area. Furthermore, the southern elevation facing the street has varying materials and colours which have been selected to incorporate the landscape and coastal setting of the area. The character policy recommends that render and non-masonry be used, due to the covenant on title, the proposal is limited to the

Page 103 of 151



construction materials to be used. The use of two different render to the southern elevation will create some visual interest and break up the façade. The proposal does involve the reduction in a fair amount of vegetation and the retention of some vegetation. It is considered that some of the vegetation be removed and the proposed building footprint are sufficient to accommodate the replanting of substantial vegetation and canopy trees. The existing front setback, which forms a strong part of the character of the area has a mix of vegetation types, some of which is being retained. Whilst the street will lose some character with the loss of some of this existing vegetation, conditions will be included on any permit to be issued to ensure any vegetation shown to be retained is protected during and post construction. Furthermore a condition will require the provision of a landscape plan which will show some replanting in the front setback to compliment the existing vegetation and in turn replenish the bushy setting of the front setback to reflect what is existing.

Setbacks

Front Setback

The dwellings are setback 7.29m and 7.7m from the front boundary. The area has a variety of front setbacks but considering the character policy which seeks for landscaped front setbacks and for front facades to not dominate the façade it is considered reasonable that the front setback be compliant with the requirements of the scheme. Furthermore an increased front setback will enhance the planting opportunities and in turn allow the existing bush setting to return to a well landscaped front setback once development is completed. It is recommended a condition be included on any permit to be issued to require the front setback of dwelling 1 be increased to 7.7m with the rear wall of the living room may be shifted north to match the setback of dwelling 2 to accommodate this increase.

Side and Rear setbacks

Ground floor First Floor

Requirement Proposed Requirement Proposed

West (side) 2.0 m DW1: 1.04m, 1.91m, 2.34m 3.83m DW1: 4.45m

East (side) 2.0m DW2: 1.51, 1.76m, 2.5m 3.83m DW2: 4.43m

North (rear) 3.0m DW1: 6.33m

DW2: 7.47m 4.56m

DW1: 8.47m

DW2: 9.77m

At ground floor dwelling 1 is non-compliant at 2 sections, one being the store room inside the garage and the en-suite laundry. The non-complaint store room will be addressed through permit conditions that will allow it to be retained and part of the single garage with a minimum 2.0m side setback or for it to be re-located to the side or rear of the dwelling. The laundry en-suite are non-compliant by a mere 0.093m and considering this section of wall is only 4.0m long, it is considered that no detriment is caused by this minor reduction in the side setback and therefore a variation is supported.

For dwelling 2, the non-compliant setback of the garage will be addressed as mentioned above, being through a condition requiring a single garage with a minimum 2m side setback. This will ensure that the front façade has a better presentation to the street, will reduce the appearance of boundary to boundary development, will improve the rhythm of visual separation and allow for landscaping along this boundary. The non-complaint bedroom (short by 0.490m and walk in pantry 0.241m) are considered minor considering the minimal lengths of wall, are opposite a driveway and are well setback from the views from the street. The increased setback of the garage is a priority and a result Council is willing to support a variation here.

Page 104 of 151



At first floor the dwellings are well setback and the minimal footprint ensures that the level of bulk at first floor is kept to a minimum and inturn have minimal impact on neighbouring property.

Walls on boundaries

There are no walls on boundaries.

Visual Bulk

Due to the use of varying colours and feature render, the first floor has some visual interest and will present well to neighbouring properties. The compliant setbacks at first floor and modest first floor footprint will result in dwellings with a low scale built form and mass that will reflect built form in the area but also result in a development that will have minimal impact on physically abutting properties.

Overlooking

The first floor rumpus rooms have full size windows with no overlooking treatments. For dwelling 2, the window abuts a driveway and no habitable room windows or private open space areas are within 9.0m and therefore there is no unreasonable levels of overlooking and the window in its current form may remain. For dwelling 1, the window is within 9.0m of neighbouring private open space areas at 6 and 87 Haydens Road and while there will be minimal overlooking issues, the proposal does not comply with the standard and it is therefore recommended a condition be included requiring the addition of a treatment to the window to comply with Standard B22 of the Bayside Planning Scheme.

The windows at the rear at first floor are considered to comply with Standard B23 as there is less than 50% of overlooking into each of the private open space areas of each dwelling. All other windows at first floor are highlight windows or have obscure glazing to a height of 1.7m above finished floor level.

Overshadowing

The shadow diagrams show complaint levels of overshadowing. Being a northern orientated site, the development benefits from having northern located private open space and does not have any properties located due south

Private Open Space

Dwelling 1 and dwelling 2 are both provided with approximately 90m² and 84m² of secluded private open space respectively. These areas are located at the rear accessible via the living are and include a deck.

A condition on any permit issued will require the submission of a landscape plan which will show appropriate landscaping along all boundaries and canopy trees in front and rear setbacks.


The garages are large enough to accommodate two vehicles as per Clause 52.06 of the Bayside Planning Scheme. Conditions requiring the reduction to single garages and tandem parking spaces will still be in keeping with the requirements of Clause 52.06 of the Bayside Planning Scheme.

Whilst allowing for tandem spaces may result in an increase in off-site car parking, it is considered the character if the area, presentation of the dwellings and the landscape character if the area outweighs the importance of providing two double garages on site.

Page 105 of 151




# Common name Origin Protected by VPO

Retention value

Comments

1 Coast Tea Tree - Indigenous - Yes - Low -

Fair health & poor structure

2 Coast Tea Tree Indigenous Yes - Low Poor health & structure

3 Slender Myaporum

Local Native Yes - Low -

Poor health & fair structure

4 Cumquat Exotic No - Low

Good health & fair structure

5 Lemon Scented Tea Tree

Native No - Low

Poor health & fair structure

6 Coast Tea Tree Indigenous Yes - Low Fair health, poor structure

7 Coast Tea Tree Indigenous Yes - Low Fair health & structure

8 Weeping Bottlebrush

Native Yes - Low



Native Yes - Low

Poor health & structure


Native Yes - Low



Native Yes - Low


12 Coast Tea Tree Indigenous Yes - Low Dead and poor structure

13 Coast Tea Tree Indigenous Yes - Low Poor health & structure

14 New Zealand Cabbage Tree

Exotic No - Low Fair health & structure

15 Loquat Exotic No - Low Fair health & structure

16 Flowering Gum Native Yes - Low Poor health & structure

17 Italian Cypress Exotic No - Low Good health and structure

18 Italian Cypress Exotic No - Low Good health and structure

19 Coast Tea Tree Indigenous Yes - Low Fair health & poor structure

20 Albany Woolly Bush

Native Yes - Low

Good health and fair structure

21 Slender Myoporum

Local Native No - Low


22 Forest She Oak Native Yes Low Good health and fair structure

23 Brittle Gum Native Yes Medium Fair health & structure

Page 106 of 151



24 Needle Leafed Bottlebrush

Native Yes Low Fair health & poor structure

25 Coast Tea Tree Indigenous Yes Low Fair health & poor structure


27 Scarlett Bottle Brush

Local Native Yes Low Fair health & poor structure


29 Coast Tea Tree Indigenous Yes Low Poor health & structure

30 Wirilda, Swamp Wattle

Local Native Yes Low Fair health & poor structure

31 Japanese Camellia

Exotic No Low Fair health & poor structure

32 Coast Tea Tree Indigenous Yes Low Poor health & structure

33 Silky Oak Native Yes Low Good health and poor structure



36 Coast Tea Tree Indigenous Yes Low Good health and poor structure

37 Weeping Bottlebrush

Local Native Yes Low Good health and poor structure

38 Coast Rosmary Local Native No Low Poor health & structure

39 Coast Rosmary Local Native No Low Fair health & poor structure


41 Coast Rosmary Local Native No Low Poor health & structure


43 Robyn Gordon Native Yes Low Good health and poor structure

Trees for removal and retention are as follows (some of which are on neighbouring land):

o Trees for removal that require a permit under the VPO3 are Trees 1, 2, 3, 6, 7, 19, 23 – 26, 43.

o Other trees to be removed not requiring a planning permit are 5, 14, 21 and 38 - 42.

o Trees to be retained are 4, 8 - 13, 15 - 18, 20, 22, 27 - 30, 31- 37

Council’s Arborist does not object to the proposed removal of the trees on site on the basis that relevant conditions are included to protect trees during construction and to ensure that sufficient room is provided for planting of canopy trees. The Arborist has stated that the quantity and location of replacement canopy tree planting is not acceptable. This will be addressed through a condition on any permit to be issued. The Arborist has recommended that a condition be included to ensure

Page 107 of 151



that the timber decks are constructed in a way to protect vegetation at the rea to be retained. The Arbrorist has provided conditions with regards to further information for tree protection and for the planting of canopy trees.

The street trees will not be affected by the proposal and standard conditions are to be included to protect nature strip vegetation.

Front Fence

No front fence is proposed.

CONCLUSION

Subject to conditions the proposed development is acceptable and will not impact adversely upon streetscape character or the general amenity of the area. On this basis it is recommended that the application be approved.

RECOMMENDATION That Council having caused notice of Planning Application No. 2014/61/1 to be given under Section 52 of the Planning and Environment Act 1987 and having considered all the matters required under Section 60 of the Planning and Environment Act 1987 decides to Issue a Notice of Decision to Grant a Permit under the provisions of the Bayside Planning Scheme in respect of the land known and described as 1 Florida Avenue Beaumaris, for the construction of two (2) double storey dwellings (side by side) and removal of native vegetation under the VPO3 in accordance with the amended plans dated 16 September 2014 subject to the following conditions, including the specified conditions set out in the Council’s “Town Planning Standard Conditions” adopted by the Council on 28 November 2006:- 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 amended plans dated 16 September 2014 but modified to show: a) The double garage for dwelling 2 reduced to a single garage with a minimum 2m side

setback and the driveway reduced to the bare minimum required. b) The double garage for dwelling 1 reduced to a single garage with a minimum 2.0m side

setback at the front (this may be reduced towards the end of the garage). The store room may remain or be re-located.

c) In response to conditions (a) and (b) the width of the entrances may be reduced to accommodate habitable rooms between garages and entrances (eg a study nook).

d) The front setback of dwelling 1 to be increased to 7.7m. The rear setback may be reduced to match the rear setback of dwelling 2 if needed.

e) New crossovers are to be constructed for both dwellings, being no more than 3.0m wide, with the crossover for dwelling 1 offset a minimum of 2.0m from the western boundary and both located to ensure they are 12.0m apart.

f) Notation on plan that the eastern boundary fence where it meets the footpath is to be tapered down to a height of 0.900mm for a length of 2.5m.

g) The window for dwelling 1 rumpus room to comply with Standard B22 of the Bayside Planning Scheme.

h) A landscape plan in accordance with condition 7 of this permit. i) Clearly show all trees to be retained and removed as a result of the changes in 1(a)

and (b) above.

Page 108 of 151



j) Landscape and site plan in accordance with conditions 10-13 of this permit. k) Show all plant equipment and services.


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 and the conditions of this permit must be carried out and completed to the satisfaction of the responsible authority.

4. All pipes, fixtures, fittings, air conditioning units 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. Vehicular crossings must be constructed to the road to suit the proposed driveways to the satisfaction of the Responsible Authority and any existing crossing or crossing opening must be removed and replaced with footpath, nature strip, and kerb and channel to the satisfaction of the Responsible Authority.

7. Before the development starts, a landscape plan to the satisfaction of the Responsible Authority must be submitted to and be approved by the Responsible Authority. When approved, the plan will be endorsed and will then form part of the permit. The plan must be drawn to scale with dimensions and three copies must be provided. The landscaping plan must show: a) An indigenous tree to Bayside within the front setback of each dwelling. b) An indigenous tree to Bayside in the rear private open space area for each dwelling.

Timber deck areas may need to be reduced to accommodate these trees. No planting is to occur in the easement.

c) For (a) and (b) three trees selected must reach a minimum height of 6.0m a maturity and one (1) tree reach a minimum height of 12.0m at maturity.

d) Demonstrate to the satisfaction of the Responsible Authority that the planting locations of the new canopy trees provides adequate soil volume to allow these trees to reach maturity and considers probable interactions of the root systems and canopies with proposed and existing built form.

e) A survey (including botanical names) of all existing vegetation to be retained and/or removed.

f) Trees (including botanical names) on neighbouring properties within three (3) metres of the boundary.

g) Details of surface finishes of pathways and driveways. h) A planting schedule of all proposed trees, shrubs and ground covers, including

botanical names, common names, pot sizes, sizes at maturity, and quantities of each plant. The planting must consist of 80% indigenous plantings.

i) Landscaping and planting within all open areas of the site.

All species selected must be to the satisfaction of the Responsible Authority.

8. Before the occupation of the development or by such later date as is approved by the Responsible Authority in writing, the landscaping works shown on the endorsed plans must be carried out and completed to the satisfaction of the Responsible Authority.

9. The landscaping shown on the endorsed plans must be maintained to the satisfaction of the

Page 109 of 151



Responsible Authority, including that any dead, diseased or damaged plants are to be replaced.

10. A plan showing Tree Protection Zones (TPZ) in accordance with AS 4970-2009 Protection of Trees on Development Sites of all trees proposed for retention on the site and within three meters of the common boundary.

11. Where the built form encroaches the TPZ of a tree to be retained the applicant is required to specify the design and construction methods which will be used. This includes how the timber decks are to be constructed.

12. Before the development (including demolition) starts, a tree protection fence must be erected around any tree on site greater than 2.0m in height to be retained, any tree on neighbouring land where works encroach into the TPZ and the two street trees. The tree protection fence must extend to the edge of the TPZ of these trees and must be constructed of star pickets and chain mesh or similar to the satisfaction of the Responsible Authority. The fence must be in accordance with AS 4970-2009. The tree protection fences must remain in place until construction is completed and be a minimum height of 1.8 metres. 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. The potential impacts of encroachment into TPZ are to be assessed with reference to AS 4970-2009 Protection of Trees on Development Sites, Section 3.3.4. TPZ encroachment considerations. The applicant must demonstrate to the satisfaction of the responsible authority that trees to be retained will remain viable post-construction.

14. 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;





17. 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

Page 110 of 151



unless directed otherwise.

18. 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”

19. 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.

20. Before the development begins, three sets of detailed plans indicating the method of stormwater discharge to the nominated Legal Point of Discharge (and Stormwater Detention Systems where applicable) must be lodged with Council's Engineering Services department for approval.


22. This permit expires if one of the following applies: a) The development has not commenced 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 periods referred to above if a request is made in writing before the permit expires; or



Permit Notes N1 Crossover permit N2 Building approval N6 Vehicle crossing removal N7 Retention of existing street trees N8 Sewerage (a) Build Over Easement

Council records indicate that there is an easement to the rear of the property. Plans indicate there are no proposals to build over or encroach into the easement with any building/structure of note. Proposals to be built over the easement will require Build Over Easement approval from the responsible Authority.

(b) Permits to be acquired

i) 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.

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

channel.

Page 111 of 151



Standards Of The Bayside Planning Scheme For Two Or More Dwellings On A Lot (Clause 55 And Schedule To The Residential 1 Zone)






Yes




Yes Policy allows for two dwellings on a lot in this area.



N/A N/A

B4 Infrastructure


Yes The developer will be responsible for any necessary upgrades at the time of construction to accommodate the development.


Integrate the layout of development with the street

Yes Dwelling entries are clearly identifiable from the street

B6 Street Setback


No Required: 7.7m

Proposed: 7.5m

See report.

B7 Building Height


Yes Required: 8 metres

Proposed: 7.22 metres

Page 112 of 151



B8 Site Coverage


Yes Required: 50%

Proposed: 48.6%

B9 Permeability


Yes Required: 20%

Proposed: 43.4%




Yes Windows, habitable room windows and private open spaces have been located to allow for solar access.

B11 Open Space


N/A N/A

B12 Safety


Yes Entrances are visible from the street and are not obscured.

B13 Landscaping

To provide appropriate landscaping.

To encourage:




Yes A landscape plan will be required by conditions on any permit issued.

B14 Access



Yes The number of crossovers is considered acceptable. The old crossover is to be reinstated as per conditions on permit.

Page 113 of 151







Yes Parking spaces are conveniently located for the dwellings. There is space for on-street parking between crossovers.




Removed under Ministerial Amendment VC90

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



West (side)

2.0 m DW1: 1.04m, 1.91m, 2.34m

3.83m DW1: 4.45m

East

(side)

2.0m DW2: 1.51, 1.76m, 2.5m

3.83m DW2: 4.43m

North (rear)

3.0m DW1: 6.33m

DW2: 7.47m

4.56m DW1: 8.47m

DW2: 9.77m



Yes None proposed.



Yes No existing neighbouring windows will be impacted upon by the proposal.



Yes There are no north facing windows in close proximity to the development which will be overshadowed.

Page 114 of 151





Yes See report.

B22 Overlooking


Yes See report.

B23 Internal Views


Yes See report.

B24 Noise Impacts


Yes The site is in an established residential area where no atypical noise sources are anticipated.

B25 Accessibility


Yes Both dwellings have bedrooms at ground floor which could be used with by people with limited mobility.

B26 Dwelling Entry

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

Yes The entrances have landings which step down and are identifiable from the street.



Yes All windows will received adequate levels of solar access.


Provide reasonable recreation and service needs of residents by adequate private open space.

Yes Minimum: 40m²

Proposed: Dwelling 1 – 90m²

Dwelling 2 – 84m²



Yes The site has northern orientated private open space and this space is configured in accordance with the provisions of this standard.

B30 Storage


Yes Adequate storage is provided in garages.

B31 Design Detail


Yes/No See report.

Page 115 of 151



B32 Front Fences


Yes None proposed

B33 Common Property



N/A N/A

B34 Site Services



Yes Bin storage, clotheslines and storage areas are shown and can all easily be accessed on site. Water tank locations will be requested through conditions on any permit to be issued. All building services will be installed in accordance with the requirements of relevant service authorities.

Page 116 of 151



4.6

416 Bluff Road Hampton Notice of Decision to Grant a Permit Application No: 2015/42/1 Ward: Central


File No: 2015/42/1

APPLICATION DETAILS

Land/Address: 416 Bluff Road Hampton

Application is for: Reduction of car parking requirements associated with a cafe

Melway Reference: 77/A8

Ward: Central Ward


Applicant's/Owner's Name: Ms C Dewar

Date Received: 03 February 2015

Statutory Days Expiry: 07 April 2015

Zoning: Commercial 1 Zone (C1Z)

Overlays: Design and Development Overlay, Schedule 2 (DDO2)

Under what clause(s) is a permit required? Clause 52.06 Car Parking

Restrictive covenants on the title? N/A

Current use and development: Vacant shop

Objections: 1 with attached petition containing 13 signatures

PROPOSITION


PROPOSAL

This application seeks approval to waive 19 car spaces associated with a 50 seat café. One car parking space is located at the rear of the site and this space was used in association with the shop which last occupied the premises.

The hours of operation of the café will be 6.00am to 2.00pm Monday to Saturday.



The site has a total area of 194.07 square metres and currently accommodates a two storey building featuring a vacant commercial tenancy at ground floor level and a dwelling at first floor level. There is three car parking spaces located at the rear of the building off a rear laneway. One of the spaces is associated with the commercial tenancy and the remaining two are associated with the first floor dwelling.


Page 117 of 151



To both the north and south of the site is a row of one and two storey commercial buildings;

To the east of the site is a laneway. Beyond this laneway are dwellings located in a Neighbourhood Residential Zone (NRZ); and

To the west of the site, across Bluff Road, is a row of mixed use building comprising a variety of commercial tenancies. A Coles supermarket is located at the northern end of this row of buildings.

PERMIT/SITE HISTORY

Title and Covenants

The applicant has submitted a copy of title for the subject site, issued by the titles office on 6 February 2015. The title is not subject to any covenants or restrictions.

Background

One previous planning permit application is of particular relevance to this application.

Permit Application 2013/641/1 was refused on 22 July 2014. This application sought approval for a 100 seat café. The application was refused on the basis that the number of car parking spaces required to be waived to accommodate the use would impact adversely upon the amenity of the surrounding area.

PUBLIC NOTIFICATION



Placing a sign on site

The notification has been carried out correctly and Council has received 1 objection with 13 signatories to date. On the basis that a permit trigger also exists to waive bicycle parking spaces, the application was not exempt from the notice and review requirements of the Planning and Environment Act 1987.

Page 118 of 151



Locality Plan

Legend

Subject Site

Objector

The key issues that were raised in the objection are:

The use will take up existing parking spaces currently used by surrounding businesses.

The applicant is relying on on-street parking spaces some distance from the site and customers will not walk from these spaces.

Refusal by council of Planning Permit Application 5/2013/641/1 should be considered.

The time period for the traffic study is not seen as a fair assessment of the area as it was carried out during school holidays. Due to this, the chemist, post office and newsagency have their lowest activity at this time.

The assumption that “users will be already in the vicinity of the area” is believed incorrect.

It is incorrect to assume that car parking demands will be less due to proximity to public transport.

Page 119 of 151



Surrounding residential streets are narrow and accommodating extra cars would make two way movements difficult.

CONSULTATION

The applicant expressed a preference to progress the application to a Planning Committee meeting rather than attend a consultation meeting.

REFERRALS

The application was referred to the following council department for comment.


Traffic Engineer Objection, citing a maximum of 27 seats is appropriate.

ASSESSMENT











Page 120 of 151



Clause 17 Economic Development - Clause 17 is designed to provide for a strong and innovative economy where all sectors of the economy are critical to economic prosperity and to encourage development which meets the community’s needs for retail, entertainment, office and other commercial services and provides net community benefit in relation to the accessibility, efficient infrastructure use and the aggregation and sustainability of commercial facilities. The clause provides direction to manage out of centre development in Melbourne and to encourage tourism development to maximise the employment and long term economic social and cultural benefits of developing the State as a competitive domestic and international tourist destination.





Clause 21.07 Economic Development – This provision seeks to encourage new economic development which maintains and enhances the supply of and access to a range of employment and training opportunities and to transform the former Bayside Industrial Area from a traditional industrial precinct into a key Business Employment Area of a quality and profile which will enable it to fulfil an identifiable niche in the south-east region of Melbourne. This provision also seeks to ensure the proper integration of appropriate discretionary uses into residential areas.

Clause 21.09 Transport and Access – This provision seeks to take an integrated approach to transport in order to reduce carbon emissions/air pollution from transport vehicles and improve energy efficiency and public health through the use public transport to improve access and reduce private vehicle travel, improving the cycle network in Activity Centres and other destinations, improving traffic circulation and the amenity of shopping centres and Activity Centres and the provision of adequate car parking facilities in and around shopping centres, employment areas and in appropriate locations along the coast.

Zone

Clause 34.01 Commercial 1 Zone – The policy seeks to create vibrant mixed use commercial centres for retail, office, business, entertainment and community uses and to provide for residential uses at densities complementary to the role and scale of the commercial centre.

A planning permit is not required in accordance with the zone to use the land for a restaurant (café) or for internal buildings and works.

Page 121 of 151



Overlays

Clause 43.02 Design and Development Overlay Schedule 2 – Aims 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. The overlay aims to preserve the existing character and amenity of the areas as low rise (up to two storeys) suburban areas with a strong garden character, to maintain the prevailing streetscape rhythm, building scale and height of neighbourhoods and to maintain a strong landscape character with buildings set within vegetated surrounds.

A planning permit is not required under this provision given no external buildings or works are proposed.


Clause 52.05 Advertising Signage – Seeks to regulate the display of signs and associated structures and to provide for signs that are compatible with the amenity and visual appearance of an area, including the existing or desired future character. The policy seeks to ensure signs do not contribute to excessive visual clutter or visual disorder and to ensure that signs do not cause loss of amenity or adversely affect the natural or built environment or the safety, appearance or efficiency of a road.

Given the total size of all signs is less than 8m², planning approval is not required for these signs.


Pursuant to Clause 52.06-3 of the Bayside Planning Scheme, a planning permit is required to waive the car spaces associated with the use (19 spaces at a rate of 0.4 per seat available to the public).

Clause 52.34 Bicycle Facilities – Aims to encourage cycling as a mode of transport to provide secure, accessible and convenient bicycle parking spaces and associated shower and change facilities.

Pursuant to Clause 52.34-3 of the Bayside Planning Scheme, a planning permit is required to waive bicycle spaces associated with the use (1 to each 100 sq.m. of floor area available to the public and 2 plus 1 to each 200 sq.m. of the floor area available to the public exceeds 400 sq.m.).

General Provisions



The application seeks approval to waive 19 car parking spaces associated with a new 50 seat café. Though the relevant car parking rate of Clause 52.06 (0.4 spaces per seat available to the public) requires 20 parking spaces on site, given one space exists at the rear allocated to the café, 19 spaces only need be waived.

By way of refusing Planning Permit Application 2013/641/1 Council has previously formed a view that the number of car parking spaces required to be waived to accommodate a 100 seat café (40) was too much and on this basis a smaller size café could be considered.

Page 122 of 151



The applicant’s response to the refusal of Permit Application 2013/641/1 was to submit this application to waive 19 parking spaces associated with a 50 seat café.

The use will operate between 6.00am and 2.00pm Monday to Saturday. The use will not operate in the evenings.

The on street parking surveys submitted with the application show that at 6.00am on-street occupancy rates within the immediate surrounding area peak at 41% on weekdays and 3% on Saturdays. At 2.00pm, the on street occupancy rate peaks at 20% on weekdays and 28% on Saturdays.

The total number of spaces surveyed was 203 and these spaces are located within a 250 metre radius of the site along Bluff Road and Highett Road and up to Paterson Reserve to the east.

Owing to the limited size of the Commercial 1 Zone (C1Z) of which the site forms a part, many of the on-street spaces relied upon in the survey are located in a Neighbourhood Residential Zone (NRZ). As such, it is considered that limited weight should be given to the availability of these spaces given these should largely be considered to be for residential use. This is supported by the decision guidelines of Clause 52.06-6 of the Bayside Planning Scheme which states that before granting approval to waive car parking spaces the Responsible Authority must consider ‘on-street parking in residential zones in the locality of the land that is intended to be for residential use’.

Given this, it is considered that an appropriate catchment when considering waiving car parking requirements is the surrounding Commercial 1 Zone (C1Z) land where 18 on-street parking spaces exist.

Whilst it is not unusual for parking generated by commercial operations to spill out into neighbouring residential areas, the extent of this should be limited and should be less so where the commercial precinct is a neighbourhood centre only and not a larger identified activity centre where a greater degree of spillage may be expected given the greater demand of on street spaces generated. In this case, the car parking survey extends up to 150 metres into the NRZ and this is considered to be excessive

Concerns have also been raised by objectors regarding the timing of the parking surveys. These were undertaken outside of the school term and at a time local commercial operators consider to be one of the quieter trading times of the year.

The Department of Education and Training website notes the 2015 school year commenced on 28 January with a pupil free day with students returning to class on Thursday 29 January. The traffic report was undertaken from 28th January to 3rd February.

The survey also highlights the availability of public transport services in the immediate surrounding area and whilst bus services run in close proximity to the site, fixed rail services are located outside walking distance and this somewhat undermines the reliance on public transport services as justification for waiving parking requirements.

Reliance is also placed on the suggestion that parking demands will be shared with other commercial uses owing to multi-purpose trips. Given however the limited size of the precinct and its limited number of businesses, it is not considered a significant number of multi-purpose trips will be generated.

Council’s Traffic Engineers have advised that the number of seats on site should not exceed a demand for 10 car parking spaces. Given one space will be provided on site, this equates to a waiver of nine spaces and a total seating capacity of 27. The Traffic Engineer’s conclusions consider the following key matters:

The availability of on-street parking spaces within the immediate surrounding area (specifically the C1Z land);

Page 123 of 151



The parking survey submitted in support of the application;

The need to ensure an equitable distribution of on street parking spaces for other commercial uses within the surrounding area;

The need to ensure that the car parking demand generated by the use does not adversely impact upon the general amenity of the immediate surrounding area, including the amenity of nearby residents and their ability to park on street within close proximity to their residences;

The need to ensure that the parking demand generated by the use does not impact adversely upon the function of the surrounding road network;

The nature and trading hours of the use; and

On site observations.

It is recognised that the subject site is zoned for commercial use and that it can be expected that a variation to the standard car parking rate may be required to accommodate commercial activity. However, due to the restricted number of car spaces within the surrounding commercial zone and the significant number of car spaces sought to be waived, the use could only be accommodated by waiving a lesser number of parking spaces.

Officers are not satisfied that the 19 car parking spaces required to be waived to accommodate the use would not impact adversely upon the general amenity of the immediate surrounding area, including land zoned NRZ. To this end, it is considered that the number of spaces which should be waived should not exceed that required to accommodate a 27 seat café.

CONCLUSION

For the above reasons it is recommended that the total number of seats within the café be reduced to 27. This equates to a car parking waiver of nine spaces which Council’s Traffic Engineer considers to be appropriate. This view considers the availability of on-street spaces within the immediate surrounding area and the potential impacts upon the general amenity of this area. This reduced number of seats will also allow for an equitable distribution of on-street spaces shared with other commercial uses.

The provision of two bicycle parking spaces on site in accordance with the provisions of Clause 52.34 (Bicycle facilities) of the Bayside Planning Scheme will also assist in off-setting on-street car parking demands.

RECOMMENDATION

That Council having caused notice of Planning Application No. 2015/42/1 to be given under Section 52 of the Planning and Environment Act 1987 and having considered all the matters required under Section 60 of the Planning and Environment Act 1987 decides to Issue a Notice of Decision to Grant a Permit under the provisions of the Bayside Planning Scheme in respect of the land known and described as 416 Bluff Road HAMPTON, for a reduction of the car parking requirements associated with a cafe in accordance with the application dated 3 February 2015, subject to the following conditions, including the specified conditions set out in the Council’s “Town Planning Standard Conditions” adopted by the Council on 28 November 2006:-

1. Before the use 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

Page 124 of 151



dimensions and three copies must be provided. The plans must be generally in accordance with the plans submitted with the application but modified to show:

a) A maximum of 27 seats within the premises.

b) The provision of two customer bicycle parking spaces on site.

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

3. This permit will expire if the variation to the car parking requirements is not exercised within two years of the date of this permit.

The Responsible Authority may extend the periods referred to above if a request is made in writing before the permit expires or up to six months afterwards

Page 125 of 151



4.7

6 Florence Street Brighton East Support Application No: 2013/386/1 Ward: Northern


File No: 2013/386/1

APPLICATION DETAILS

Land/Address: 6 Florence Street, Brighton East

Application is for: Construction of two double storey dwellings

Melway Reference: 67 K12

Ward: Northern Ward


Applicant's/Owner's Name: Benier Francis Pty Ltd


Statutory Days Expiry: 29 December 2013


Overlays: Design and Development Overlay (Schedule 3)

Under what clause(s) is a permit required? Clause 32.09-5 – Neighbourhood Residential Zone (Schedule 3)



Objections: Nil

PROPOSITION

This application for the construction of two dwellings was originally presented to the 14 October 2014 Planning and Amenity Committee meeting. The application was refused on the basis that the proposal ‘failed to address the purpose of Clause 52.06 (Car parking) as the proposed vehicle access arrangements result in inefficient, inconvenient and unsafe vehicle movements’.

The 14 October 2014 Committee report is attached to this report as Appendix 1.

The permit applicant lodged an Application for Review with the Victorian Civil and Administrative Tribunal (VCAT) in response to Council’s refusal and as part of this process a Traffic Engineering Expert Witness Statement was forwarded to Council on 14 April 2015. This report was commissioned in response to Council's sole reason to refuse the application and concludes that the proposed access arrangements are satisfactory.

The Traffic Engineering Expert Witness Statement provides more detailed analysis of the access arrangements to the site and Council’s Traffic Engineers now support the application. This addresses Council’s sole reason for previously refusing the application and as such it is recommended that the Committee now resolve to support the application at the upcoming VCAT hearing.

Page 126 of 151



PROPOSAL

It is proposed to construct two double storey dwellings each comprising a single car garage; open plan living/dining area with study at ground floor level, including a rear alfresco area; and three bedrooms at first floor level.



The site has a total area of 595 square metres and currently contains a single storey dwelling.


To the north, at 1 Wallen Street, is a double storey dwelling;

A single storey dwelling is located to the south across Florence Street;

To the east, at 4A Florence Street, is a double storey dwelling; and

A single storey dwelling is located to the west, at 8 Florence Street.

PERMIT/SITE HISTORY

Title and Covenants

The applicant has submitted a copy of title for the subject site, issued by the Titles Office on 30 October 2013. The title is not subject to any covenants or restrictions.

PUBLIC NOTIFICATION




The notification has been carried out correctly and Council originally received two objections relating to overshadowing of bedroom windows and a wall on the western property boundary. Both of these objections have since been withdrawn.

Page 127 of 151



Locality Plan

Legend

Subject Site

CONSULTATION

The applicant declined an invitation to attend a consult meeting prior to the Planning Committee resolving to refuse the application in November 2014. Given the nature of the additional information now submitted, it was not considered necessary to hold a consult meeting to consider this information.

REFERRALS

The application was originally referred to the following Council departments:




Traffic Engineer No objections subject to conditions

Urban Designer No objection subject to conditions

Street Tree Arborist Requires conditions to retain the tree

Page 128 of 151



ASSESSMENT State Planning Policy Framework
















Page 129 of 151











Zone

Clause 32.09 Neighbourhood Residential Zone 3 - The purpose of the zone is to recognise areas of predominantly single and double storey residential development and to limit opportunities for increased residential development. The zone also seeks to manage and ensure that development respects the identified neighbourhood character, heritage, environmental or landscape characteristics and to implement neighbourhood character policy and adopted neighbourhood character guidelines. A mandatory height limit of 8 metres is introduced at Clause 32.09-8. This does not apply to the subject application as the application was made before the approval date of the planning scheme amendment that introduced Clause 32.09 into the planning scheme.

A planning permit is required to construct two or more dwellings on a lot.

Page 130 of 151



Overlays

Clause 43.02 Design and Development Overlay Schedule 3 – Aims 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, to preserve the existing character and amenity of the areas as low rise (up to two storeys) suburban areas with a strong garden character, to maintain the prevailing streetscape rhythm, building scale and height of neighbourhoods and to maintain a strong landscape character with buildings set within vegetated surrounds.

A planning permit is not required under this provision as it only relates to non-residential uses.



Clause 55 Two or more dwelling on a lot - Specifies objectives and standards for the construction of two or more dwellings on a lot within a Residential 1 Zone. Included within are requirements pertaining to the design response, neighbourhood character and infrastructure, site layout and building massing, on-site amenity and amenity impacts of the proposal.

General Provisions



Below is a summary of the key planning issues

Vehicle access

A Traffic Engineering Expert Witness Statement was received by Council on 14 April 2015. This report was commissioned in response to Council's sole reason to refuse the application and concludes that the proposed access arrangements are satisfactory.

Council's Traffic Engineer previously raised concerns with regard to compliance with the technical standards of Clause 52.06-9 of the Bayside Planning Scheme. Specifically, the Traffic Engineer queried whether or not vehicles could comfortably access the driveways of each dwelling.

It was originally considered that access could only be obtained by mounting kerbs however it is now clear that access will be obtained via the splays of the driveways and not kerbs.

The swept path diagrams provided in the expert statement show that 99% of vehicles can access the site without mounting kerbs. These vehicles will traverse the entry in close proximity to the splayed corners only. On this basis, the Council’s Traffic Engineers now support the application.

Clause 55 - Two or more dwellings on a lot and residential buildings

The development largely complies with the technical requirements of Clause 55 of the Bayside Planning Scheme. This includes compliant setbacks, building height, site coverage, permeability and front fence height. The development will however allow for some overlooking and this can be resolved via the provision of screening where necessary.

Page 131 of 151



Further, previous consultation with an objector has resulted in the entry space to the western side of dwelling 1 being relocated north of its current position to align with the blank wall of the adjoining dwelling at No. 8 Florence Street to the west. This has been included as a recommended condition.

As noted in the 14 October 2014 report, it is also considered that issues regarding neighbourhood character and landscaping and vegetation have been appropriately addressed.

CONCLUSION

The proposed development is considered to be an appropriate response to the site and complies with the relevant technical standards of the Bayside Planning Scheme, including the provisions of Clause 52.06 (Car parking) of the Bayside Planning Scheme.

RECOMMENDATION

That Council having caused notice of Planning Application No. 2013/386/1 to be given under Section 52 of the Planning and Environment Act 1987 and having considered all the matters required under Section 60 of the Planning and Environment Act 1987 decides to Support the application at the upcoming Application for Review at the Victorian Civil and Administrative Tribunal (VCAT) in respect of the land known and described as 6 Florence Street, Brighton East, for the construction of two double storey dwellings subject to the following conditions, including the 'Standard Town Planning Permit Conditions' adopted by the Council on November 28 2006:

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 but modified to show:

a) The proposed landscape treatment for the site including the existing and replacement

plant species in accordance with the requirements of Condition 10 of this permit;

b) All upper level north facing windows to be treated in accordance with standards B22

Overlooking and B23 Internal views of the Bayside Planning Scheme;

c) Planting of 2 suitable canopy trees capable of reaching 8m in height and 8m in width at

maturity towards the front of each dwelling;

d) The entry space to the western side of dwelling 1 relocated north of its current position

to align with the wall of the adjoining dwelling at No. 8 Florence Street to the west;

e) The site plan and landscape plans amended to show each crossover a minimum of 2.9

metres from the stem of the street tree at its base and excavation for the construction

of the crossovers not exceeding 225 millimetres from existing soil grade; and

f) All plant and equipment (including air conditioning units, heating units, hot-water

systems, etc.) which is proposed to be located externally identified on the plans.

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

consent of the responsible authority.

3. 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.

Page 132 of 151



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. The walls on the boundary of the adjoining properties shall be cleaned and finished to the

satisfaction of the responsible authority.

6. 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


7. Before the use or occupation of the development starts, the area(s) set aside for the

parking of vehicles and access lanes as shown on the endorsed plans must be to the

satisfaction of the Responsible Authority:

a) Constructed;

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

c) Surfaced with an all-weather-seal coat;

d) Drained;

e) Line marked to indicate each car space and all access lanes; and

f) Clearly marked to show the direction of traffic along access lanes and driveways;


8. Vehicular crossing(s) must be constructed to the road to suit the proposed driveway(s) to

the satisfaction of the responsible authority and any existing crossing or crossing opening

must be removed and replaced with footpath, nature strip, and kerb and channel to the


9. All disused or redundant vehicle crossings must be removed and the area reinstated to

kerb and channel to the satisfaction of the responsible authority.

10. Before the development starts, a landscape plan to the satisfaction of the responsible

authority must be submitted to and approved by the responsible authority. When approved,

the plan will be endorsed and will then form part of the permit. The plan must be drawn to

scale with dimensions and three copies must be provided. The landscaping plan must

show:

a) Buildings and trees (including botanical names) on neighbouring properties within

three metres of the boundary;

b) Details of surface finishes of pathways and driveways;

c) A planting schedule of all proposed trees, shrubs and ground covers, including

botanical names, common names, pot sizes, sizes at maturity, and quantities of

each plant;

d) Landscaping and planting within all open areas of the site;

e) Planting of 2 suitable canopy trees capable of reaching 8m in height and 8m in

width at maturity. One to the front of each dwelling as required by Condition 1c); and

Page 133 of 151



f) The provision of an in-ground irrigation system is to be provided to all landscaped

areas.

11. Before the occupation of the development starts or by such later date as is approved by the

responsible authority in writing, the landscaping works shown on the endorsed plans must

be carried out and completed to the satisfaction of the responsible authority.

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.

13. No excavation is to take place within 2.9 metres from the edge of the tree's stem at ground

level. Excavation for the construction of the proposed crossover must not exceed 225

millimetres from existing soil grade.

14. Tree Protection Fencing is to be established around the street trees prior to demolition and

maintained until all works on site are complete.

a) The fencing is to be constructed and secured so its positioning cannot be modified by

site workers;

b) The fencing is to encompass the entire nature-strip under the drip-line of the tree;

c) The Tree Protection Zone is to be established and maintained in accordance with

Australian Standards 4970 Protection of trees on development sites; and

d) 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.

15. Root pruning within the TPZ (Tree Protection Zone)

a) Prior to soil excavation for the crossover, a trench along the line of the proposed

crossover must be dug by hand; and

b) All affected roots must be correctly pruned according to AS 4373-2007.

16. The existing street tree must not be removed or damaged.

17. The applicant must apply for the nominated legal point of discharge for the development

where stormwater run-off must be collected and free drained to Council’s drainage assets

to Council’s standards.

18. Stormwater discharge must be retained for the portion above the discharge calculated

using a Coefficient of Runoff of 0.35. The development is to have a Stormwater Detention

System installed, the design capacity of which is to be to the satisfaction of the Responsible

Authority.

19. 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.

20. The driveway / parking areas / paved courtyards / paths and any 'pervious' pavers must be

graded / drained to prevent stormwater discharge onto the front footpath and into adjacent

properties.

Page 134 of 151



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 the 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.

22. Before the development begins, three sets of detailed plans indicating the method of

stormwater discharge to the nominated Legal Point of Discharge (and Stormwater

Detention Systems where applicable) must be lodged with Council's Engineering Services

department for approval




The Responsible Authority may extend the periods referred to above if a request is made in writing:




Page 135 of 151



Appendix 1

14 October 2014 Committee report

Page 136 of 151



APPLICATION DETAILS

Land/Address: 6 Florence Street Brighton East

Application is for: Construction of two double storey dwellings

Melway Reference: 67 K12

Ward: Northern Ward


Applicant's/Owner's Name: Benier Francis Pty Ltd


Statutory Days Expiry: 29 December 2013


Overlays: Design and Development Overlay (Schedule 3)

Under what clause(s) is a permit required? Clause 32.09-5 – Neighbourhood Residential Zone (Schedule 3)



Objections: One

PROPOSITION

This application is reported to the Planning Committee for determination pursuant to ‘call-in’ by a Councillor. It is recommended that Council Refuse to Grant a Planning Permit.

PROPOSAL

It is proposed to construct two double storey dwellings each comprising a single car garage; open plan living/dining area with study at ground floor level, including a rear alfresco area; and three bedrooms at first floor level.



The site has a total area of 595 square metres and currently contains a single storey dwelling.


To the north, at 1 Wallen Street, is a double storey dwelling;

A single storey dwelling is located to the south across Florence Street;

To the east, at 4A Florence Street, is a double storey dwelling; and

A single storey dwelling is located to the west, at 8 Florence Street.

Page 137 of 151



PERMIT/SITE HISTORY

Title and Covenants

The applicant has submitted a copy of title for the subject site, issued by the titles office on 30/10/2013. The title is not subject to any covenants or restrictions.

PUBLIC NOTIFICATION




The notification has been carried out correctly and Council received one objection relating to overshadowing of bedroom windows from the wall on the western property boundary.

Locality Plan

Legend

Subject Site

Objector

The key issues that were raised in the objections are:

Overshadowing of west facing ground floor habitable room windows.

Page 138 of 151



CONSULTATION

In response to concerns identified by Council regarding vehicle access and egress from the site, the applicant declined to amend the plans to address these issues. Having regard to this, no consultation meeting was undertaken as the application was recommended for refusal. The applicant however has engaged the objector in an attempt to address the objector’s concerns.

REFERRALS

The following internal referrals have been undertaken




Traffic Engineer Does not support

Urban Designer No objection subject to conditions

Street Tree Arborist Requires conditions to retain the tree

ASSESSMENT









As a consequence of the introduction of Plan Melbourne, all references to its predecessor (Melbourne 2030) have now been deleted from the State Planning Policy Framework along with the Activity Centre Hierarchy central to Melbourne 2030 and previously detailed in Clause 11. This includes the deletion of the references used in association with this hierarchy, including 'Principal Activity Centres', 'Major Activity Centres' and 'Neighbourhood Activity Centres'. These references have now been replaced with 'Activity Centres' and 'Neighbourhood Centres'.

Page 139 of 151

















Page 140 of 151





Zone

Clause 32.09 Neighbourhood Residential Zone 3 - The purpose of the zone is to recognise areas of predominantly single and double storey residential development and to limit opportunities for increased residential development. The zone also seeks to manage and ensure that development respects the identified neighbourhood character, heritage, environmental or landscape characteristics and to implement neighbourhood character policy and adopted neighbourhood character guidelines.

A mandatory height limit of 8 metres is introduced at Clause 32.09-8. This does not apply to the subject application as the application was made before the approval date of the planning scheme amendment that introduced Clause 32.09 into the planning scheme.

A planning permit is required to construct two or more dwellings on a lot.

Overlays

Clause 43.02 Design and Development Overlay Schedule 3 – Aims 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, to preserve the existing character and amenity of the areas as low rise (up to two storeys) suburban areas with a strong garden character, to maintain the prevailing streetscape rhythm, building scale and height of neighbourhoods and to maintain a strong landscape character with buildings set within vegetated surrounds.

A planning permit is not required under this provision as it only relates to non-residential uses.



Clause 55 Two or more dwelling on a lot - Specifies objectives and standards for the construction of two or more dwellings on a lot within a Residential 1 Zone. Included within are requirements pertaining to the design response, neighbourhood character and infrastructure, site layout and building massing, on-site amenity and amenity impacts of the proposal.

General Provisions


Page 141 of 151




Below is a summary of relevant planning considerations and matters raised by the objector.

Vehicle Access

The proposed development provides a single car garage for each dwelling, located centrally within the site and accessed by separate curved driveways.

The application has been referred to Council’s Traffic Engineer who has identified that proposed vehicle movements within the site fail to meet the relevant Australian Standards and would result in a development that does not promote safe, easy and efficient vehicle access. In regard to this, the Traffic Engineer makes the following comments:

‘The Australia Standards requires 300mm clearance (i.e. factor of safety) around the vehicle. The swept-path shows vehicles accessing the site would have to mount kerbs and also drive in an angled manner across the footpath when entering and exiting the driveways. In the swept-paths, I have noticed that vehicles would have to physically stop and turn more than once in order to get out of the entire driveway and access point completely. This is not safe, efficient or convenient.

Clause 52.06-9 of the Bayside Planning Scheme requires among other considerations; consideration of the following:

The role and function of nearby roads and the ease and safety with which vehicles gain access to the site;

The ease and safety with which vehicles access and circulate within the parking area; and

The provision for pedestrian movement within and around the parking area.

Council’s Traffic Engineer has reviewed the proposal against these provisions and for those reasons highlighted above, concludes that the proposed access/egress does not meet the above criteria.

As such, it is considered that the proposed access arrangements are an inappropriate design response, and cannot be supported on safety grounds with potential conflicts between vehicles entering and exiting each dwelling and users of the footpath. With multiple manoeuvres required when exiting each dwelling, the curve linear design of the driveways also fails to provide convenient access to each garage.

The access issue could be addressed by relocating each garage away from the centre of the building. This would remove the need for the curved driveways and in their place, a more traditional (direct) access arrangement that provides safe and convenient access and egress. However this would require significant internal changes to the floor plan of the building which are beyond what could be included as a condition of the permit.


The subject site is located in Precinct D4 within Clause 22.06 Neighbourhood Character Policy of the Bayside Planning Scheme. The preferred future character statement reads:

“The wide variety of dwelling styles site within established gardens, with occasional canopy trees, and do not dominate the streetscape. The buildings and are consistently setback 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”.

Page 142 of 151



The precinct guidelines are as follows:


To maintain and enhance the garden settings of the dwellings and rhythm of front boundary setbacks.

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

Retain large trees wherever possible.

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.

To minimise the dominance of car parking structures in the streetscape.

Locate garages and carports behind the line of the dwelling.

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

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

Recess second storey elements from the front façade.

Use simple building details.

To maintain the openness of the streetscape and the views into front gardens.

Front fences should be open style, other than along heavily trafficked roads.

High, solid front fences.

The proposal generally satisfies the design precinct objectives of clause 22.09 Neighbourhood Character. Whilst the development is to be constructed ‘boundary to boundary’, the part of the building constructed boundary to boundary is located a significant distance from the front boundary (approximately 18 metres) and will not impact on the character of the area with adequate visual separation being provided with adjoining dwellings.

With a low fence to be constructed (0.8 metres), openness to the street will be maintained and views to the front garden provided. However additional landscaped area could be provided with the removal of the curved driveways which significantly contributes to the extent of paving towards the front of the development.

Both garages are located adjacent to each other and forward of the front entry doors of the development. Whilst not recessed behind the building-line, the garages will not be overly dominant when viewed from the street due to their setback in-line with both adjoining properties. The visual impact of the car parking structures is further reduced with each garage being limited in size to a single garage.

Page 143 of 151



Setbacks

Front setback

The proposed front setback to both dwellings is 8m which is compliant with the required setback of 7.31m prescribed in the Bayside Planning Scheme.

Side and Rear setbacks



North (rear)

0 to 3 m DW1: 9.775m

DW2: 9.755m

4.2m DW1: 9.775m

DW2: 9.775m

East

(side)

0 to 2m DW1: party wall

DW2: 0; 1.99m

3.2m DW1: party wall

DW2: 3.43; 3.31m

West (side)

0 to 2m DW1: 0; 2.1; 3.64m

DW1: party wall

3.2m DW1: 3.38; 3.26; 4.31m

DW2: party wall

Areas of noncompliance are underlined.

The proposal generally complies with the side and rear setback requirements of the Bayside Planning Scheme with the exception of the ground floor east side setback of the study for dwelling 2 at 1.99 metres. This is considered appropriate due to its minimal non-compliance as a result of the slight angle to the side boundary and will not unreasonable impact on the amenity of the area.

Site Coverage

The proposed site coverage is 41% which complies with the 50% site coverage requirement of Clause 55, Standard B8 of the Bayside Planning Scheme. It is considered that the site coverage reflects the prevailing site coverage within the area and provides an appropriate balance between built form and open space.

Permeability is proposed to be 22%, which complies with Standard B9 of the Bayside Planning Scheme and is deemed appropriate.

Visual Bulk

The proposed dwellings are sufficiently articulated and setback from front and side boundaries so as to reduce visual bulk to an acceptable level when viewed from Florence Street.

Overlooking

All upper level windows to the east and western elevations of the dwellings have appropriate obscure screening to 1.7m above finished floor level, in accordance with Clause 55, Standard B22 (Overlooking) of the Bayside Planning Scheme. The upper level north facing rear windows although complying with Standard B22, do not satisfy B23 Internal views with views obtainable to adjacent secluded private open space. Therefore a condition will require these windows to be treated if the application is approved. The north facing vertical windows on the upper storey also need to be screened to avoid direct overlooking to both adjoining lots.

Page 144 of 151



Overshadowing

Shadows diagrams submitted with the application show that the shadows cast by the development will have minimal impact on adjoining properties and comply with Standard B21 Overshadowing of the planning scheme.

Walls on Boundary

It is noted that an objection has been received from the property to the west concerning overshadowing impacts to bedroom windows as a result of the wall on the boundary. The average height of walls on boundary is 3.3 metres (on the east and west boundaries) for a length of 4.48 metres. The proposed length of the wall on the boundary is compliant with the Planning Scheme requirements, however the average height of 3.3 metres does not comply with Standard B18 of the Bayside Planning Scheme, which requires an average height of no more 3.2m for walls on the boundary.

Whilst the objector has a concern with the extent of overshadowing from the wall located on the common boundary (to two bedroom windows), the height/setback of the walls relative to these two windows comply with the required standard of the planning scheme. Whilst seeking in part a variation of 100 millimetres to the average wall height on the western boundary due to the slope of the land, it is not considered that a variation of this nature will have any appreciable off site impacts. It is considered that the boundary wall is located a sufficient distance from sensitive areas on the adjoining lot to ensure that the amenity of the adjoining residents is not unreasonably impact on.

Landscaping / vegetation

Council’s Arborist has viewed the plans provided and comments that there is no on-site vegetation worthy of retention. He also comments that the plant species proposed are appropriate for the site and can be supported.

Street Trees

Council’s Open Space Arborist has viewed the plans and makes comment that, ‘to successfully retain this tree, there can be no excavation within 2.9 metres from the edge of the tree's stem at ground level’ and ‘excavation for the construction of the proposed crossover must not exceed 225 millimetres from existing soil grade.”

The plans show both vehicle crossings and access driveways located outside of the 2.9 metre radius around the base of the street tree (as required by the Open Space Arborist) and therefore the location of the crossings and driveways are considered to be acceptable in this regard.

Should the application be approved, a condition requiring the excavation depths for the construction of the proposed crossover will be required (in addition to the standard Tree Protection Zone conditions).

CONCLUSION

The proposed development is not considered to be appropriate for the site due to the deficiencies in the design mentioned above and is recommended for refusal.

Page 145 of 151



RECOMMENDATION

That Council having caused notice of Planning Application No. 2013/386/1 to be given under Section 52 of the Planning and Environment Act 1987 and having considered all the matters required under Section 60 of the Planning and Environment Act 1987 decides to Issue a Notice of Refusal under the provisions of the Bayside Planning Scheme in respect of the land known and described as 6 Florence Street, Brighton East, for the construction of two double storey dwellings subject to the following grounds of refusal:

1. The proposal fails to address the purpose of Clause 52.06 (Car parking), as the proposed vehicle access arrangements result in inefficient, inconvenient and unsafe vehicle movements when accessing and exiting the site.

Page 146 of 151



STANDARDS OF THE BAYSIDE PLANNING SCHEME

Two Or More Dwellings On A Lot And Residential Buildings (Clause 55 And Schedule 3 To The Neighbourhood Residential Zone)

Title and Objective Complies with

Standard?





Yes See report




Yes The proposal provides for 2 new dwellings within an established residential area, which is within close proximity of public transport and community infrastructure and services.



N/A N/A

B4 Infrastructure


Yes Can be addressed through permit conditions.


Integrate the layout of development with the street.

Yes See report

B6 Street Setback


Yes

Dwelling 1: 8m

Dwelling 2: 8m

B7 Building Height


Yes Required - <8m

Dwelling 1: 7.595m

Dwelling 2: 7.595m

Page 147 of 151



B8 Site Coverage


Yes Required: <50%

Proposed: 41%

B9 Permeability


Yes Required: >20%

Proposed: 22%




Yes Some living areas oriented to the north.

B11 Open Space


N/A N/A

B12 Safety


Yes Layout of each dwelling provides surveillance to the street and internal driveways

B13 Landscaping

To provide appropriate landscaping

To encourage:




Yes See report

Page 148 of 151



B14 Access



No See report





Yes The garages of both dwellings are integrated with each of the dwellings. Internal doors provides direct access to living areas.




Yes Required: 4

Proposed: 4

Dwelling 1: 2 (1 undercover parking space, one in driveway)

Dwelling 2: (1 undercover parking space, one in driveway)

B17 Side and Rear Setbacks Yes See report



Yes Total length of site is approx. 39.62m

Allowable is 17.405m on east and west boundaries

4.48m on boundary development proposed for both dwellings



Yes Although concerns have been identified by the objector with overshadowing two bedroom windows, the proposal complies with this standard



Yes No north facing windows impacted.

Page 149 of 151





Yes Complies

B22 Overlooking


No See report

B23 Internal Views


No See report

B24 Noise Impacts


Yes Plant and equipment details not provided on plans – can be added as a condition

B25 Accessibility


Yes Opportunities exist for ramps etc. to be easily retrofitted if necessary to provide access for persons of limited mobility.

B26 Dwelling Entry

Provide a sense of identity to each dwelling.

Yes Sufficient street address is provided to each entry way with entry features provided to each dwelling.



Yes All new habitable room windows are provided with adequate access to natural daylight.


Provide reasonable recreation and service needs of residents by adequate pos.

Yes Required: 40 square metres

Dwelling 1: POS located to the north.

69 square metres.

Dwellings 2: POS located to the north.

69 square metres



Yes Northern solar access to the POS of both dwellings

Page 150 of 151



B30 Storage


Yes Adequate storage areas

B31 Design Detail


Yes See report

B32 Front Fences


Yes 0.8m high fence complies with the standard.

B33 Common Property



N/A

B34 Site Services


Yes Sufficient area for meters, mailboxes, bin storage is provided.

Page 151 of 151

Date post:	07-Jul-2020
Category:	Documents
Upload:	others
View:	2 times
Download:	0 times

Planning & Amenity Committee Agenda - City of …...Planning & Amenity Committee Meeting Tuesday, 12...

Documents