Urban Planning Special Committee Agenda 01/06/15 UPC3. 28A and 28B Hilda Street, Balwyn Application no.: PP14/01363 (File 40/409/09503) Responsible director John Luppino City Planning Authorised by: Cassandra Rea Acting Manager Statutory Planning Report officer: Jake Matthews - Senior Planner Statutory Planning Abstract Proposal The proposal seeks to use and development of the land for the purpose of constructing two (2) dwellings and a shop. Issues The following are key issues in respect of this application: Whether the proposed development has appropriate regard for the amenity of adjoining residential properties; Whether the proposal is an overdevelopment of the site; Whether the development will have an adverse impact on the surrounding street network through increased traffic and an overflow of car parking. Officer's response Subject to proposed permit conditions, the development will achieve full compliance with the ‘walls on boundaries’ and ‘side and rear’ ResCode standards to ensure the amenity of the adjoining residential properties is not unreasonably impacted upon. Having regard to the commercial zoning, size and location of the site, with good access to services, it is considered that the site is suitable for the proposed development. With an overall maximum height of 8.5 metres, the development complies with the mandatory height of the adjoining Neighbourhood Residential Zone (which is 9.0 metres due to the slope of the land). The proposed development satisfies Clause 52.06 of the Boroondara Planning Scheme in respect to the provision of car parking. The increased traffic movement associated with two additional dwelling on the site can be readily accommodated in the surrounding street network. Details of the proposal, discussion of all objections and assessment against relevant controls and policies are contained in the attachment to this report. City of Boroondara 28A & 28B Hilda St Page 1 of 37
Transcript
Urban Planning Special Committee Agenda 01/06/15
UPC3. 28A and 28B Hilda Street, Balwyn Application no.: PP14/01363 (File 40/409/09503) Responsible director John Luppino
Abstract Proposal The proposal seeks to use and development of the land for the purpose of constructing two (2) dwellings and a shop. Issues The following are key issues in respect of this application: Whether the proposed development has appropriate regard for the amenity of
adjoining residential properties; Whether the proposal is an overdevelopment of the site; Whether the development will have an adverse impact on the surrounding street
network through increased traffic and an overflow of car parking. Officer's response Subject to proposed permit conditions, the development will achieve full compliance with the ‘walls on boundaries’ and ‘side and rear’ ResCode standards to ensure the amenity of the adjoining residential properties is not unreasonably impacted upon. Having regard to the commercial zoning, size and location of the site, with good access to services, it is considered that the site is suitable for the proposed development. With an overall maximum height of 8.5 metres, the development complies with the mandatory height of the adjoining Neighbourhood Residential Zone (which is 9.0 metres due to the slope of the land). The proposed development satisfies Clause 52.06 of the Boroondara Planning Scheme in respect to the provision of car parking. The increased traffic movement associated with two additional dwelling on the site can be readily accommodated in the surrounding street network. Details of the proposal, discussion of all objections and assessment against relevant controls and policies are contained in the attachment to this report.
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Officers' recommendation That the Urban Planning Special Committee resolve that a Notice of Decision to Grant Permit No. PP14/01363 for the use and development of the land for the purpose of constructing two (2) dwellings and a shop at 28A Hilda Street & 28B Hilda Street, Balwyn be issued under the Boroondara Planning Scheme subject to the following conditions: Amended plans required 1. Before the development starts, amended plans to the satisfaction of the
responsible authority must be submitted to and approved by the Responsible Authority. The plans must be drawn to scale with dimensions and three (3) copies provided. When the plans are endorsed they will then form part of the permit. The plans must be substantially in accordance with the re-advertised plans but modified to show:
a) The south facing window of the lounge room of Dwelling No. 28B be
screened in accordance with Clause 55.04-6 of the Boroondara Planning Scheme
b) Provision of a 600mm high timber trellis screen with a maximum of 25% openings above the existing southern boundary fence adjacent the entry area of Dwelling No. 28B;
c) The height of the boundary walls reduced to achieve compliance with ResCode Standard B18;
d) The ground floor south elevation of Dwelling No. 28B to achieve full compliance with ResCode Standard B17.
Layout not to be altered 2. The layout of the site and the size, levels, design and location of buildings and
works shown on the endorsed plans must not be modified for any reason (unless the Boroondara Planning Scheme specifies that a permit is not required) without the prior written consent of the Responsible Authority.
Drainage 3. The site must be drained to the satisfaction of the Responsible Authority. Use of car parking spaces and driveways 4. Car spaces, access lanes and driveways shown on the endorsed plans must
not be used for any other purpose, to the satisfaction of the Responsible Authority.
Boundary walls 5. The external faces of walls on or facing boundaries must be cleaned and
finished to an acceptable standard to the satisfaction of the Responsible Authority.
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External lighting 6. All external lighting must be designed, baffled and located so as to prevent light
from the site causing any unreasonable impacts on the locality, to the satisfaction of the Responsible Authority.
Construction Management Plan 7. Prior to the commencement of any site works, including demolition and
excavation, a Construction Management Plan must be submitted to and endorsed by the Responsible Authority. No works are permitted to occur until the Plan has been endorsed by the Responsible Authority. Once endorsed, the construction management plan will form part of the permit and must be implemented to the satisfaction of the Responsible Authority. The plan must be prepared in accordance with Council’s Construction Management Plan Template and provide details of the following:
a) Hours for construction activity in accordance with any other condition of
this permit; b) Measures to control noise, dust, water and sediment laden runoff; c) Measures relating to removal of hazardous or dangerous material from the
site, where applicable; d) A plan showing the location of parking areas for construction and sub-
contractors' vehicles on and surrounding the site, to ensure that vehicles associated with construction activity cause minimum disruption to surrounding premises.
e) A Traffic Management Plan showing truck routes to and from the site; f) Swept path analysis demonstrating the ability for trucks to enter and exit
the site in a safe manner for the largest anticipated truck associated with the construction;
g) Measures to ensure that sub-contractors/tradespersons operating on the site are aware of the contents of the construction management plan;
h) Contact details of key construction site staff; i) A site plan showing the location of any site sheds, on-site amenities,
building waste storage and the like, noting that Council does not support site sheds on Council road reserves; and
j) The laneway at the rear to be managed so that access is not impeded. Hours for demolition and construction 8. All works including earthworks, demolition and construction activity associated
with the approved development must take place only during the following hours, except with the prior written consent of the Responsible Authority:
Monday to Thursday: 7:00am to 6:30pm Friday: 7:00am to 5:00pm Saturday: 8:00am to 5:00pm Sunday & Public Holidays: No construction
Provision of letter boxes 9. Provision must be made on the site for letter boxes to the satisfaction of the
Responsible Authority.
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Subdivision 10. This permit has no force or effect until such time as a Subdivision application
under Section 8 of the Subdivision Act 1988, is submitted to and approved by Council and Land Registry to re-align the title boundary between the two lots and appropriate common areas are designated.
Permit to expire: 11. This permit will expire if:
a) The development does not start within two (2) years of the issue date of this permit; or
b) The development is not completed within four (4) years of the issue date of this permit.
The Responsible Authority may extend the times referred to if a request is made in writing before the permit expires or:
(i) within six (6) months afterwards if the development has not
commenced; or (ii) within twelve (12) months afterwards if the development has not
been completed.
Council and the Victorian Civil and Administrative Tribunal are unable to approve requests outside of the relevant time frame.
Notes: Headings are for ease of reference only and do not affect the interpretation of permit conditions. This is not a Building Permit. A Building Permit may be required prior to the commencement of any works associated with the proposed development. Pursuant to Council's Residential Parking Permit Policy (2011), the owners and occupiers of dwellings approved in this development will not be eligible to obtain resident or visitor parking permits. Prior to the commencement of any works on the site, the owner/developer must submit drainage plans for assessment and approval by the Responsible Authority (Asset Management). Stormwater drains are to be connected to a legal point of discharge approved by Council. Drainage Connections within a road reserve, right-of-way, parkland, within an easement or to a Health Act drain must be to Council’s standards. A Council Supervision Permit is required for this work. All fees and charges associated with the connection are to be borne by the applicant. An Asset Protection Permit is required prior to the commencement of site works in accordance with Council’s Protection of Council Assets and Control of Building Sites Local Law 2011. Prior consent from Council and any and all public authorities is required to be obtained for alteration or reinstatement of assets or services affected as a result of the development.
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The full cost of reinstatement of any Council assets damaged as a result of demolition, building or construction works, must be met by the permit applicant or any other person responsible for such damage, to the satisfaction of the Responsible Authority. Discharge to the legal point of discharge will be allowed subject to the flow being limited to a rate equivalent to pre-development levels or less. Any additional discharge and / or runoff above the pre-development level is to be detained on site, via an approved storm water detention system. This matter should be discussed with Council’s Asset Management Department.
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The construction of two dwellings behind and above the existing shops. The dwellings will be constructed of a combination of render, timber and face brick. The overall maximum height of the proposed development is 8.5 metres. The dwelling proposed at 28A comprises of two bedrooms, both with W.I.R’s, two
bathrooms, sitting, laundry, kitchen, dining and living area. The dwelling proposed at 28B Hilda Street comprises of four bedrooms, W.I.R, laundry, three bathrooms, kitchen, dining, family room, rumpus and two studies.
The two shop tenancies will be consolidated into one tenancy with the pedestrian access for the shop maintained from Hilda Street in the middle of the building.
The primary residential entries will also be provided from Hilda Street. The 28A Hilda Street dwelling entry will be incorporated within the existing building and the 28B Hilda Street dwelling entry via the existing gate along the southern boundary of the site.
Open space for the apartments will be provided in the form of balconies with 17sqm for 28A Hilda Street and 68sqm provided for 28B Hilda Street.
The proposed site coverage of the building is 88%. Setbacks are described in the table below. A total of 3 car spaces are to be provided on the site and allocated to the proposed
dwellings (these are described in the table below). Dwelling 28A is provided with a 2.6m x 5.5m open car space at the rear of the site. Dwelling 28B is provided with a double garage located in the south-west corner of the site. The existing shops are not provided with any on-site car spaces which is consistent with the existing situation.
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Table 2: Proposed boundary setbacks.
Floor North (Commercial / laneway)
South(Residential)
East (Hilda Street)
West (Residential)
Lower Ground
0m 1.3m 0m 0m
Ground Floor 0m 0m-1.3m 1.4m (balcony)
0m
Upper Level 3.1m 2.1m 21m 1.3-2.1m
THE SITE
Appendix B - Locality Plan
Site Location The subject site is located on the west side of Hilda Street.
Width of Frontage 10.6mMaximum Depth of Site 43.9mTotal Site Area 455m2
Easements The site is encumbered by a party wall easement. Fall of the Land The site has a moderate fall from the west to the east of
approximately 2.5 metres. Front Fencing Details The site does not have front fencing.
The subject site is currently developed with two single storey shops with ancillary offices and store rooms and amenities.
The existing building has a zero lot line to the Hilda Street frontage. Vehicle access is provided via the rear laneway off Tivey Parade. The subject site is devoid of significant vegetation.
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Above: Aerial Photograph of the subject site
Above: Photograph of the subject site
THE SURROUNDING AREA
The subject site is located within a small commercial centre identified as the Tivey Parade and Hilda Local Activity Centre (LAC) as defined in the City of Boroondara Activity Centres Strategy (2011). Residential properties surrounding the site are zoned Neighbourhood Residential Zone 3.
Directly to the north of the site is No. 28 Hilda Street which has been developed with a single storey shop. This site is also located within the Commercial 1 Zone.
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Above Photograph of 28 Hilda Street
On the opposite side of the road to the east of the site, No. 27 Hilda Street has been developed with a large single storey dwelling. The site is zoned Neighbourhood Residential Zone 3.
Above Photograph of 27 Hilda Street
To the east of the site, also on the other side of the road is No. 29 Hilda Street which has been developed with two single storey dwellings. The site is also zoned Neighbourhood Residential Zone 3.
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Above Photograph of 1/29 Hilda Street, 2/29 Hilda Street is located behind out of view.
To the south of the site is No.30 Hilda Street which has been developed with a single storey dwelling. The crossover and driveway is located adjacent the common boundary. There are a number of outbuildings located in the rear yard.
Above Photograph of 30 Hilda Street
To the west of the site are the rear yards of properties 25 & 27 Sevenoaks Street. No. 27 Sevenoaks Street is provided with vehicle access from both the laneway off Tivey Parade and Sevenoaks Street. No. 25 Sevenoaks Street is provided with vehicle access from Sevenoaks Street only. The back of both dwellings are setback approximately 17m from the common boundary.
Immediately east of the subject site are eleven on-street unrestricted car spaces.
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NOTICE OF APPLICATION
Pursuant to Section 52 of the Planning & Environment Act 1987, the application was advertised by:-
Sending notices to the owners and occupiers of adjoining land; Placing a sign on the land for a period of 14 days;
Seven (7) objections have been received to the proposal. The grounds of objection are summarised as follows:-
The development is akin to a large commercial development fronting a main road in an activity centre.
The development is out of character in the neighbourhood; Overdevelopment of the site; The additional car parking demand will have an adverse impact on the
surrounding street network; The existing zoning is an anomaly, strict residential planning principles should
apply in this location; Insufficient advertising of the application; Loss of amenity to adjoining residential properties; Blind reversing manoeuvre required onto Hilda Street; Potential danger to pedestrians; Traffic Congestion at the intersection of Hilda Street and Tivey Parade; The development will devalue properties in the surrounding area; Inadequate secluded private open space provided for the dwellings.
AMENDMENTS TO THE PROPOSAL
An amendment to a planning application was lodged with Council after notification.
The updated plans replace an older version of the ground floor plan which was incorrectly submitted to Council.
These amended plans incorporate the following alterations:
1. The length of the 28B Hilda Street dwelling balcony increased; 2. Minor reduction in the light court on the north elevation; 3. Minor changes to the layout of the 28A Hilda Street dwelling; 4. Additional highlight windows to the ground floor south elevation family room.
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The amended plans were re-advertised to all existing objectors. Council received one additional submission from an existing objector reiterating concerns from a previous objection. The submission also raised additional concerns in relation to the bedrooms being underground and the possibility of the site being used as a rooming house.
INTERNAL REFERRALS
The application was referred to the following:-
Traffic & Transport Department - Traffic Engineers
The application was discussed with Council’s Traffic Engineers who made the following comments;
The length of the garage should comply with the Clause 52.06-8 requirement; The number of car parking spaces complies with the Planning Scheme
requirement and is considered satisfactory; Vehicles utilising the 28B Hilda Street garage must have access to the 2m x
3.5m parcel of land adjacent the stairwell to satisfactorily enter the garage; Subject to above vehicles can satisfactory enter and exit all car spaces; The additional traffic movements associated with the two dwellings will not have
a significant impact on the road network; The garage must be provided with a 2.1 metre head clearance.
Officer Comment
The 5.85m length of the garage fails to comply with the 6m requirement of the Planning Scheme. The minor non-compliance is considered appropriate given the garage is already utilising the entire width of the allotment and the garage cannot be extended any further in its current format. Given that a B85 (equivalent to a standard Ford Falcon) vehicle is 4.9m in length, it is considered that the garage will be able to adequately accommodate two vehicles. While the non-compliance is not ideal, given the constraint of the site, it is considered acceptable.
Elevation plans indicate that vehicles will have a 2.7m clearance height at the entry to the garage.
It is recommended that a permit condition require that any permit issued has no force or effect until such time as a Subdivision application under Section 8 of the Subdivision Act 1988 is submitted to and approved by Council and Land Registry to re-align the title boundary between the two lots and appropriate common areas are designated. This will ensure that vehicles will be able to enter the garage regardless if one of the lots is sold.
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EXTERNAL REFERRALS
The application did not require external referral.
GOVERNANCE ISSUES
The implications of this report have been assessed and are not considered likely to breach or infringe upon the human rights contained in the Victorian Charter of Human Rights and Responsibilities Act 2006.
The officers responsible for this report have no direct or indirect interests requiring disclosure.
CONSIDERATIONS
In assessing this application, consideration has been given to the following:-
The objectives of planning in Victoria as detailed in Section 4 of the Planning & Environment Act 1987;
Section 60 of the Planning & Environment Act 1987; The relevant provisions and decision guidelines of the Boroondara Planning
Scheme including the decision guidelines of Clause 65; Any comment or decision of a referral authority (if any); Any objections received.
BOROONDARA PLANNING SCHEME
ZONING & OVERLAYS
Appendix C - Zoning Map
Commercial 1 Zone
Pursuant to Clause 34.01-4 of the Boroondara Planning Scheme, a Permit is required to construct a building or construct or carry out works.
Pursuant to Clause 34.01-1 (Table of Uses), “Accommodation" is a Section 1 use subject to "Any frontage at ground floor level must not exceed 2 metres (other than a bed and breakfast and caretaker's house)”. At Clause 75.01 "dwelling" is nested under "accommodation". Planning permission is required to use the land for dwellings as the Section 1 condition is not met due to the combined residential frontage of the ground floor level measuring 2.8 metres.
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PARTICULAR PROVISIONS
Clause 52.06 - Car Parking
Car Parking will for the dwellings will be provided in accordance with the Planning Scheme requirements, no reduction of car parking is being sought in this instance.
There is no change proposed to the car parking arrangements for the existing shops which currently utilise the parking at the front of the site in Hilda Street. The floor area of the existing shops is not proposed to be increased.
OFFICER ASSESSMENT
STATE PLANNING POLICY FRAMEWORK
The following State policies are relevant to the assessment of the current application:
Plan Melbourne (Clause 9) Consolidate commercial facilities in existing (or future) activity centres (Clauses 11
and 17); Increasing housing yield in activity centres suited to forms of higher density housing
(Clauses 11 and 16); Produce high standards in architecture and urban design, with outcomes that are
respectful of neighbourhood character and cultural identity (Clause 15); Encourage a mix of uses and the design of buildings to contribute to safety and
perceptions of safety (Clause 15.01-4); Promote water and energy efficiencies through good design (Clause 15); Maintain and expand housing choices consistent with the changing face of
Melbourne’s households and the demands of a rapidly growing population (Clause 16);
Locate housing in areas that are well suited with community infrastructure (Clause 16);
Deliver more affordable housing closer to jobs, transport and services (Clause 16); Encourage developments which meet community’s need for retail, entertainment,
office and other commercial services and provide net community benefit in relation to accessibility, efficient infrastructure use and the aggregation and sustainability of commercial facilities. Preference is to be given to locations within or on the border of activity centres (Clause 17);
Integrate planning for cycling with land use and development and encourage as alternative modes of travel (Clause 18.02-2); and
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Ensure an adequate supply of car parking that is appropriately designed and located and to protect the amenity of residential precincts from the effects of road congestion created by on-street parking (Clause 18.02-5).
The proposal is consistent with Clause 16 which encourages urban consolidation within activity centres and on strategic redevelopment sites. Although the site is not located within a defined activity centre pursuant to Clause 21.08, it has been identified as a Local Activity Centre (LAC) as defined in the City of Boroondara Activity Centres Strategy (ACS, adopted by Council on 6 June 2011) and is zoned commercial.
Applications for non-residential development or residential development not covered by Clause 54, Clause 55 or Clause 56 are required to be assessed against the design principles detailed at Clause 15.01-2. This assessment is provided later in the report.
Subject to the Permit conditions, it is considered that the proposal provides a well-designed, contemporary shop-top accommodation within a building that makes an improvement to the streetscape compared to the existing conditions on the site.
Consideration of Urban Design Principles under Clause 15 – Built Environment and Heritage
Clause 15.01-2 sets out design principles with respect to: context; the public realm; safety; landmarks, views and vistas; pedestrian spaces; heritage; consolidation of sites and empty sites; light and shade; energy and resource efficiency; architectural quality; and landscape architecture.
Having regard to the zoning, size and location of the site, with good access to services, it is considered that the site is suitable for the proposed development. The height and massing of the development provide an appropriate response to the site and its immediate context.
The existing ground floor will be retained with the additional built form above setback 1.4m from the street behind the existing ground floor canopies so the visual impact of the addition on the streetscape will be minimal. The building will continue to provide appropriate commercial activation to the street.
The proposal is expected to achieve appropriate standards in architecture and urban design. The proposal makes efficient use of the land using the slope to accommodate two dwellings with good internal amenity and appropriate on-site car parking with minimal impact on the streetscape or adjoining residential properties.
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While the site is adjacent residential zoned properties, it is zoned Commercial 1 and therefore a development of this scale is considered appropriate. While the built form does extend for the entire length of the boundary it is recommended that permit conditions ensure that the south elevation is fully compliant with the side and rear ResCode setback standard. It is considered that the extent of development is appropriate for the site and with the aid of permit conditions, has appropriate regard for the amenity of adjoining properties.
An acceptable balance of sunlight and shade within the public realm is maintained. Shadow diagrams provided indicate that the development will not overshadow the public realm between 9am and 3pm at the equinox.
The development makes efficient use of the site, with good daylight to indoor and outdoor living areas and all habitable rooms have access to natural light (i.e. no reliance on "borrowed light").
Neither the site nor any surrounding properties are identified as a landmark or within a Heritage Overlay. There are no significant views from adjoining properties which would be impacted by this proposal.
Consideration of the Safer Design Guidelines for Victoria
Clause 15 requires the consideration of the Safer Design Guidelines for Victoria where a development is proposed within an activity centre. The Guidelines set out design elements with respect to: urban structure; activity centres; building design; parks and open spaces; walking and cycling paths; public transport; car park areas; public facilities; lighting; and signage.
The proposal satisfies the requirements of the Guidelines for the following reasons:
The provision of dwellings is consistent with the objectives of this standard that seek to increase the number of “eyes on the street”. The provision of pedestrian entrances onto Hilda Street will provide for natural surveillance, as will the balconies and windows that face the street;
The proposed mix of uses will aid in ensuring the neighbourhood is an area where people are present during all hours of the day, providing a public presence within the area;
Council's Traffic Engineers are satisfied with the proposed car parking arrangement. The development does not provide any possible concealed areas. The development will also provide passive surveillance over the back of the
commercial properties and car parking areas which will improve safety and deter anti-social behaviour in these areas.
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LOCAL PLANNING POLICY FRAMEWORK
The site is located in the Tivey Parade and Hilda Local Activity Centre (LAC) as defined in the City of Boroondara Activity Centres Strategy (ACS, adopted by Council on 6 June 2011). However, the LACs were not included in Amendment C107 or C108 to the Boroondara Planning Scheme which implemented the ACS by introducing relevant planning controls to the Neighbourhood Shopping Centres and Commercial Corridors.Therefore, there is no existing DDO or land use policy in the Boroondara Planning Scheme that applies specifically to the site.
Strategic Planning is investigating the need to prepare a planning scheme amendment to introduce planning controls to the LACs but the timing of the amendment is yet to be confirmed.
It is noted that Chapter 12 of the ACS - Local Activity Centres: Strategic Directions provides objectives and strategies specifically to the LACs, as well as land use and built form directions.
There are two key objectives of the LACs that should be considered when assessing this application:
To enhance the role and function of Local Activity Centres by supporting a more diversified retail and non-retail mix of uses.
To achieve appropriate design of development that is consistent with the built form outcomes, heights and setbacks envisaged for Local Activity Centres.
The proposed mixed use (residential dwellings and retention of the existing shops at ground level) satisfies the land use objectives of the LAC.
It is noted that the preferred future role of the LACs includes the development of shop - top housing within LACs “…while ensuring that the retail and commercial role of the local centres is not compromised.” This is reflected in Chapter 12.2 of the ACS where strategies are included to “encourage new developments to locate residential and office uses above or behind ground floor frontages and include a mix of retail uses at ground floor level”, while ensuring that “the retail or commercial role for the LAC is not compromised by shop-top housing or other development which introduce residential uses into the local centres”. However, the ACS also allows consideration of “alternative uses that contribute positively to the surrounding environment where local centres have lost their retail function and there is a presence of vacant premises”.
The residential use provided by the proposal is appropriate in this instance due to the site’s residential surrounds and proximity to a bus route, public open space, educational
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facilities and existing commercial uses which make this an appropriate site from a strategic viewpoint for multi-dwelling residential development.
The Strategy provides the following built form guidance:
The proposed 2 storey development (8.5m maximum overall height) sits comfortably below the maximum overall building height of 11m specified above. The 8.5m maximum overall height also complies with the mandatory 9m (given the slope of the land) which applies to the Neighbourhood Residential Zone which surround the site to the south, east and west.
The development will maintain the 0.0 metre setback to the front building line with the new built form above setback 9.6 metres from the front building line which complies with the policy guidance above.
Subject to proposed permit conditions, the development will comply with the side and rear setback requirements of ResCode where the development is adjacent to residential properties. It is recommended that a permit condition also require the height of the walls on the south and west boundaries be reduced to comply with the ResCode standard 3.6 metre overall height with an average 3.2 metre height.
Traffic and access
Council’s Traffic Department is satisfied that the additional traffic movements associated with the proposed dwellings will not have any significant impact on the surrounding road network.
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Vehicles will be able to exit the laneway in a forwards direction and will enter onto Tivey Parade the same way vehicles do now.
Council’s Traffic and Transport Department are satisfied with the arrangement and number of car parking spaces proposed on the site.
Clause 34.01 - Commercial 1 Zone
Clause 34.01-8 requires the following be considered when deciding on an application for buildings and works in the Commercial 1 Zone, as appropriate:
General
The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. The interface with adjoining zones, especially the relationship with residential areas.
Use
The effect that existing uses may have on the proposed use. The drainage of the land. The availability of and connection to services. The effect of traffic to be generated on roads. The interim use of those parts of the land not required for the proposed use.
Building and works
The movement of pedestrians and cyclists, and vehicles providing for supplies, waste removal, emergency services and public transport. The provision of car parking. The streetscape, including the conservation of buildings, the design of verandahs, access from the street front, protecting active frontages to pedestrian areas, the treatment of the fronts and backs of buildings and their appurtenances, illumination of buildings or their immediate spaces and the landscaping of land adjoining a road. The storage of rubbish and materials for recycling. Defining the responsibility for the maintenance of buildings, landscaping and paved areas.Consideration of the overlooking and overshadowing as a result of building or works affecting adjoining land in a General Residential Zone, Neighbourhood Residential Zone, Residential Growth Zone or Township Zone. The availability of and connection to services. The design of buildings to provide for solar access.
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The objectives, standards and decision guidelines of Clause 54 and Clause 55. This does not apply to a development of five or more storeys, excluding a basement.
Officer Comment
It is considered appropriate to provide a residential use on the land which does not compromise the primary use of the land for a shop. Not only are dwellings generally an ‘as of right’ use in the Commercial 1 Zone but they are also encouraged in Council’s Neighbourhood Centres. The retention of the shops at ground floor will continue to provide an appropriate commercial activation with the public realm. The residential access points in Hilda Street and the rear laneway will also result in increased pedestrian movement around the site in both Hilda Street and Tivey Parade and provide both dwellings with a strong sense of address.
The site is on an established road and is easily accessible for emergency services. The site enjoys access to public transport, with a bus route along Belmore Road approximately 280 metres north of the site. Council's Traffic Engineers have assessed the proposal and do not expect traffic generation to have an adverse impact on the operation of the road network.
The development is provided with an appropriate area at the rear of the site for the storage of rubbish, which will be collected via regular Council collection.
The proposal is considered to be generally compliant with the objectives, standards and decision guidelines of Clause 55. Relevant matters are discussed below:
Neighbourhood Character
In the context of the site as described above, having regard to the zoning of the land and the interfaces of the site with adjoining properties, it is considered that the site is a suitable for ‘shop top dwellings’.
The development maintains its single storey presentation to Hilda Street with the upper levels setback behind the building’s façade and canopies where the visual impact will be minimal.
While the development incorporates three levels, the design has utilised the slope in the land to create a sub-basement level so the building only presents as a two storey development above the ground. The 8.5m maximum overall height also complies with
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the mandatory 9m (given the slope of the land) which applies to the Neighbourhood Residential Zone which surround the site to the south, east and west. The height and scale of the building proposed is similar to the new dwellings which are being constructed in the surrounding area, including directly opposite the subject site.
The mix of building materials including render, timber and face brick is reflective of the mixture of building materials used in the surrounding residential areas.
Setbacks Adjacent Residential Zoned Properties
Side & Rear Boundary SetbacksLower Ground Floor
Proposed Wall Height(to NGL)
Proposed Setback ResCodeRequirement
Complies?
South 2.7m 1.3m 1m
Side & Rear Boundary SetbacksGround Floor
Proposed Wall Height(to NGL)
Proposed Setback ResCodeRequirement
Complies?
South 5m 1.3m 1.42m (Complies subjectto permit condition)
Side & Rear Boundary SetbacksUpper Floor
Proposed Wall Height(to NGL)
Proposed Setback ResCodeRequirement
Complies?
South 7m 2.1m 2.09m West 3.5m 1.4m 1m
*Note: varied setbacks are noted as the minimum dimension
As seen above the proposed development is generally compliant with the side and rear ResCode standards. It is recommended that the south elevation ground floor wall setback be increased or the wall height be reduced to ensure full compliance with ResCode. This will ensure an appropriate response and protect the amenity of the adjoining residential property.
Site and Hard Surface Coverage
Proposed Site Coverage ResCode Requirements Complies?
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Hard Surface Coverage ResCode Requirements Complies?
90% 80%
The site coverage for the proposal is 88%, which is considered acceptable for a building located in a commercial zone. The hard surface coverage is 90%, which is also considered appropriate in a commercial zone and is generally consistent with other properties within the Tivey Parade / Hilda Street commercial centre.
Walls on boundaries
Clause 55.04 Amenity Impacts (VC100)Objective Standard Officer CommentB18 Clause 55.04-2 Walls on Boundaries
To ensure that the location, length andheight of a wall on a boundary respectsthe existing or preferred neighbourhoodcharacter and limits the impact on theamenity of existing dwellings.
The height of a new wall constructed on or within200mm of a side or rear boundary or a carportconstructed on or within 1 metre of a side or rearboundary should not exceed an average of 3.2 metreswith no part higher than 3.6 metres unless abutting ahigher existing or simultaneously constructed wall.
(Complies subject topermit condition)
The west elevation boundary wall has a maximum height of 3.5 metres with an average height of 3.3 metres.
The south elevation boundary wall has an overall height of 3.9 metres and an average wall height of approximately 3.5 metres.
To reduce the visual impact of the boundary walls on the adjoining residential properties, it is recommended that a permit condition require the reduction in height to a maximum overall height of 3.6 metres and an average of 3.2m metres.
Daylight to windows on adjoining properties
The development is fully compliant with ResCode north facing windows and daylight to existing windows standards.
Overshadowing
The proposal complies with the overshadowing standard of ResCode.
It is acknowledged that the development will result in minimal shadow within the secluded private open space of the adjoining residential properties. However, this
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increase is negligible and will not unreasonably impact upon the amenity of adjoining properties. At least 75% of the existing secluded private open space of the adjoining properties will receive five hours of sunlight between 9am and 3pm on 22 September in accordance with the ResCode Standard.
Overlooking
It is recommended that a permit condition require screening to the south facing lounge room window of the No.28B Hilda Street property in accordance with Clause 55.04-6 of the Boroondara Planning Scheme to prevent overlooking opportunities of the adjoining secluded private open space. It is also recommended that 600mm of trellis be constructed above the southern boundary fence adjacent the No.28B Hilda Street entry area also to prevent overlooking opportunities of the adjoining secluded private open space.
All other are habitable room windows and balconies have been screened in accordance with the ResCode standard.
Daylight to new windows
All habitable spaces provided have sufficient access to light in accordance with the ResCode standard. There are no habitable room windows which rely on borrowed light.
Private Open Space
The open space provided for each dwelling in the form 17sqm and 68sqm balconies complies with the 8sqm requirement of Clause 55.05-4 of the Boroondara Planning Scheme.
OBJECTION RESPONSE
Those matters not already addressed in the foregoing report are discussed below:-
Total Number of Objections Received: Seven (7)
Summary of Objection Officer Comment Loss of property value The Victorian Civil and Administrative
Tribunal and its predecessors have generally found subjective claims that a proposal will reduce property values are
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difficult, if not impossible to gauge and of no assistance to the determination of a planning permit application. It is considered the impacts of a proposal are best determined through an assessment of the amenity implications rather than any impacts upon property values. This report provides a detailed assessment of the amenity impact of this proposal.
Increased traffic and lack of parking The proposed development satisfies Clause 52.06 of the Boroondara Planning Scheme in respect to the provision of car parking. The development provides for appropriate on-site car parking relative to the number of bedrooms in the proposed dwellings.
Council’s Traffic and Transport Department have assessed the application and has raised no concerns regarding the impact of the proposal on the surrounding traffic network. The increased traffic movement associated with two additional dwellings on the site can be readily accommodated in the surrounding street network.
The development is akin to a large commercial development fronting a main road in an activity centre. The development is out of character in the neighbourhood;Overdevelopment of the site;
The height of the development complies with the built form guidance provided in Council’s Activity Centre Strategy for Local Activity Centre’s and the current mandatory height requirements of the adjoining Neighbourhood Residential Zone. It is considered the proposed development is suitable for a site in a small commercial shopping strip. The development maintains the shop at ground level and the first floor is setback behind the building’s façade a minimum of 1.4m where it will not be a visually dominant in the streetscape. The proposed development will make a positive contribution to the streetscape.
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The existing zoning is an anomaly, strict residential planning principles should apply in this location;
Given the use of the existing site and the surrounding commercial properties the Commercial 1 zoning of the property is considered appropriate. Notwithstanding this, the development is generally compliant with the ResCode standards. An assessment of the development against the relevant standards of ResCode has been undertaken within this report.
Insufficient advertising of the application; The application has been advertised in accordance with the Planning & Environment Act 1987. This included notices sent to the adjoining and surrounding commercial and residential properties and a sign posted on the front of the site.
Loss of amenity to adjoining residential properties;
As previously discussed it is considered that the height and scale of the development is considered appropriate for a site within a Commercial 1 Zone. It is recommended that permit conditions ensure full compliance with the ResCode standards in relation to the height of walls on boundaries and the setback of walls adjacent residential properties to protect the amenity of the adjoining residential properties.
The proposed development does not propose any additional car spaces which are accessed from Hilda Street. This is an existing situation which cannot be considered under the current proposal.
Potential danger to pedestrians; The development will utlise the existing laneway accessed from Tivey Parade to enter and exit the site. Council’s Traffic Engineers have assessed the proposal and raised no concern regarding any potential danger to pedestrians.
Bedrooms are proposed below ground level.
All habitable room windows are provided with appropriate daylight in accordance
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with ResCode. The development could be used as a rooming house.
The application proposes the use of the land for two dwellings. Any other form of accommodation would require an amendment application and an assessment against the relevant provisions of the Boroondara Planning scheme.
