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Council Meeting, 28 February 2017 Section 1.7 – Page 1 55 Stanley Avenue, Mount Waverley - The Construction Of A Three Storey Building Comprising A Ground Floor Cafe And Residential Apartments 1.7 55 STANLEY AVENUE, MOUNT WAVERLEY THE CONSTRUCTION OF A THREE STOREY BUILDING COMPRISING A GROUND FLOOR CAFE AND RESIDENTIAL APARTMENTS (TPA/46733) EXECUTIVE SUMMARY : This application proposes the construction of a three storey building for use as three residential apartments and reduction of standard car parking requirement associated with the ground floor cafe, and waiver of the loading bay facilities. The application was subject to public notification. Five (5) objections to the proposal have been received. Key issues to be considered relate to built form and car parking provision. This report assesses the proposal against the provisions of the Monash Planning Scheme including the relevant state and local planning policy framework, Clause 55 and issues raised by objectors The application has been called in for consideration by Council by Cr James. The proposed development is considered appropriate having regard to the relevant provisions of the Monash Planning Scheme. The development will also contribute to the revitalisation of the neighbourhood activity centre. It is recommended that Council resolve to issue a Notice of Decision to Grant a Planning Permit, subject to conditions. RESPONSIBLE DIRECTOR: Peter Panagakos RESPONSIBLE MANAGER: Angela Hughes RESPONSIBLE PLANNER: Jennifer Ozer WARD: Oakleigh PROPERTY ADDRESS: 55 Stanley Avenue, Mount Waverley PRE-APPLICATION MEETING: No NUMBER OF OBJECTIONS: Five (5) ZONING: Commercial 1 Zone EXISTING LAND USE: Retail OVERLAY: Nil RELEVANT CLAUSES: State Planning Policy Framework Clause 11 – Settlement Clause 11.04 – Metropolitan Melbourne Local Planning Policy Framework Clause 21 – Municipal Strategic Statement Clause 21.04 – Residential

Transcript of 1.7 55 STANLEY AVENUE, MOUNT WAVERLEY THE … · Ground Floor Cafe And Residential Apartments 1.7...

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Council Meeting, 28 February 2017 Section 1.7 – Page 1

55 Stanley Avenue, Mount Waverley - The Construction Of A Three Storey Building Comprising A

Ground Floor Cafe And Residential Apartments

1.7 55 STANLEY AVENUE, MOUNT WAVERLEY THE CONSTRUCTION OF A THREE STOREY BUILDING COMPRISING A GROUND FLOOR CAFE AND RESIDENTIAL APARTMENTS (TPA/46733)

EXECUTIVE SUMMARY:

This application proposes the construction of a three storey building for use as three residential apartments and reduction of standard car parking requirement associated with the ground floor cafe, and waiver of the loading bay facilities. The application was subject to public notification. Five (5) objections to the proposal have been received. Key issues to be considered relate to built form and car parking provision. This report assesses the proposal against the provisions of the Monash Planning Scheme including the relevant state and local planning policy framework, Clause 55 and issues raised by objectors The application has been called in for consideration by Council by Cr James. The proposed development is considered appropriate having regard to the relevant provisions of the Monash Planning Scheme. The development will also contribute to the revitalisation of the neighbourhood activity centre. It is recommended that Council resolve to issue a Notice of Decision to Grant a Planning Permit, subject to conditions. RESPONSIBLE DIRECTOR: Peter Panagakos

RESPONSIBLE MANAGER: Angela Hughes

RESPONSIBLE PLANNER: Jennifer Ozer

WARD: Oakleigh

PROPERTY ADDRESS: 55 Stanley Avenue, Mount Waverley

PRE-APPLICATION MEETING: No

NUMBER OF OBJECTIONS: Five (5)

ZONING: Commercial 1 Zone

EXISTING LAND USE: Retail

OVERLAY: Nil

RELEVANT CLAUSES: State Planning Policy Framework Clause 11 – Settlement Clause 11.04 – Metropolitan Melbourne

Local Planning Policy Framework Clause 21 – Municipal Strategic Statement Clause 21.04 – Residential

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Clause 14.02-1 – Catchment Planning and Management Clause 15 – Built Environment and Heritage Clause 16 – Housing Clause 17 – Economic Development

Development Clause 21.05 – Economic Development Clause 22 – Local Planning Policies Clause 22.3 – Industry and Business Development and Character Policy Particular Provisions Clause 52.06 – Car Parking Clause 52.07 – Loading and unloading of vehicles Clause 55 – Rescode General Provisions Clause 65 – Decision Guidelines

STATUTORY PROCESSING DATE: 9 January 2017

DEVELOPMENT COST: $918,000

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LOCALITY PLAN

NEIGHBOURHOOD PLAN

SUBJECT SITE

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RECOMMENDATION:

That Council resolves to issue a Notice of Decision to Grant a Planning Permit (TPA/46733) for the construction of a three storey building for use as three residential apartments and reduction of standard car parking requirement associated with the ground floor cafe, and waiver of the loading bay facilities, at 55 Stanley Avenue, Mount Waverley subject to the following conditions:

1. Before the development starts, three copies of amended plans drawn to

scale and dimensioned, must be submitted to and approved by the Responsible Authority. The submitted plans must clearly delineate and highlight any changes. When approved the plans will be endorsed and will then form part of the permit. The plans must be generally in accordance with the plans submitted with the application, but modified to show:

a) Deletion of Bed 3 and Ensuite on level 2.

b) One on-site car parking space re-allocated to the cafe.

c) The eastern facade of level 2 setback an additional 1 metre from the eastern site boundary.

d) A minimum aisle width adjacent to the stacker system of 6.4 metres taken from the western boundary of the adjacent laneway.

e) Plans for the car stacker model, detail design and associated features to the satisfaction of Council.

2. The development as shown on the endorsed plans must not be altered

without the written consent of the Responsible Authority. 3. No equipment, services, architectural features or structures of any kind,

including telecommunication facilities, other than those shown on the endorsed plans shall be permitted above the roof level of the building, on balconies or the external facade of the building unless otherwise agreed to in writing by the responsible authority.

4. Prior to the commencement of works on the site, the owner shall prepare a

Waste Management Plan for the collection and disposal of garbage and recyclables for all uses on the site. The Waste Management Plan shall provide for:

a) The method of collection of garbage and recyclables for uses; b) Designation of methods of collection including the need to provide

for private services or utilisation of council services; c) Appropriate areas of bin storage on site and areas for bin storage on

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collection days; d) Measures to minimise the impact upon local amenity and on the

operation, management and maintenance of car parking areas; e) Litter management.

A copy of this plan must be submitted to Council.

5. Before the development starts, a construction management plan must be

prepared and submitted to the Responsible Authority for approval. The plan must be to the satisfaction of the Responsible Authority. Once approved, the plan must be implemented to the satisfaction of the Responsible Authority. The plan must address the following issues:

a) measures to control noise, dust and water runoff;

b) prevention of silt or other pollutants from entering into the Council’s underground drainage system or road network;

c) the location of where building materials are to be kept during construction;

d) site security;

e) maintenance of safe movements of vehicles to and from the site during the construction phase;

f) on-site parking of vehicles associated with construction of the development;

g) wash down areas for trucks and vehicles associated with construction activities;

h) cleaning and maintaining surrounding road surfaces;

i) a requirement that construction works must only be carried out during the following hours: • Monday to Friday (inclusive) – 7.00am to 6.00pm; • Saturday – 9.00am to 1.00pm; • Saturday – 1.00pm to 5.00pm (Only activities associated with

the erection of buildings. This does not include excavation or the use of heavy machinery.)

6. Bicycle parking facilities shall generally follow the design and signage

requirements set out in Clause 52.34 of the Monash Planning Scheme. 7. Car stacker modules are required to cater for the following:

• Independent operation for each parking space. • A minimum ground level overhead clearance of 1.8 metres. • A car/van up to 175cm height on the upper level. • A clear/usable platform width of at least 230cm. • Minimum pit length of 520cm.

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• Loading weight per platform of at least 2000kg. • A minimum aisle width adjacent to the stacker system of 6.4 metres

(taken from the western boundary of the adjacent laneway). 8. All access points to the system require the provision of a gate/door which is

to be fully automated and linked to the car stacker operating system to ensure that there is no inadvertent access during the operation of the system.

9. The mechanical car stackers are to be maintained in a good working order

and be permanently available for the parking of vehicles in accordance with their purpose, to the satisfaction of the Responsible Authority.

10. All on-site stormwater is to be collected from hard surface areas and must

not be allowed to flow uncontrolled into adjoining properties. 11. Once the development has started it must be continued, completed and

maintained to the satisfaction of the responsible authority. 12. This permit will expire in accordance with section 68 of the Planning and

Environment Act 1987, if one of the following circumstances applies: • The development is not started before 2 years from the date of issue. • The development is not completed before 4 years from the date of

issue. In accordance with section 69 of the Planning and Environment Act 1987, the responsible authority may extend the periods referred to if a request is made in writing before the permit expires, or within six months of the permit expiry date, where the development allowed by the permit has not yet started; or within 12 months of the permit expiry date, where the development has lawfully started before the permit expires.

NOTES- 1. Building approval must be obtained prior to the commencement of the

above approved works. 2. Building Permit approval for this development must take into consideration

the location of future subdivision boundaries and their compliance with the Fire Separation Provisions of the Building Code of Australia, including Separating Walls and Openings near Boundaries, as well as the requirements of the Building Regulations.

3. A drainage contribution or detention system is not required. 4. Three printed copies of the plans (A3-A1 size) for the drainage works must

be submitted to and approved by the Engineering Division prior to the

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commencement of works. The plans are to show sufficient information to determine that the drainage works will meet all drainage conditions of the permit.

5. Direct the entire site’s stormwater drainage to the west side of the

property where the entire site’s stormwater must be collected and free drained via a pipe to the Council pit in the right of way to be constructed to Council Standards. However connect stormwater drainage into the existing outfall drain if found to be working satisfactorily. Note: If the point of discharge cannot be located then notify Council’s Engineering Division immediately.

6. Any new drainage work within the road reserve or right of way requires the approval of the City of Monash’s Engineering Division prior to the works commencing. Please refer to the Notes section of this permit for additional details. A refundable security deposit of $ 1,500 is to be paid prior to the drainage works commencing. The reinstalment of the right of way is to be to Council standards and satisfaction.

7. Engineering permits must be obtained for new connections to the Council drains and these works are to be inspected by Council (telephone 9518 3555)

8. Waste management from the property is to be to the satisfaction of the

responsible authority.

9. No bin or receptacle or any form of rubbish or refuse shall be allowed to remain in view of the public and no odour shall be emitted from any receptacle so as to cause offence to persons outside the land.

BACKGROUND:

History No previous planning permits apply to the site. Further information was requested of the Permit Applicant on 7 November 2016. In this letter, officers also raised the following preliminary concerns:

• Insufficient area allocated to the car stackers to allow for efficient vehicle movement.

• The adequacy of car parking provision, for the development given that no car space has been allocated to the cafe use.

Officers advised the Applicant in writing that should these concerns not be addressed, that this application was unlikely to be supported.

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The Permit Applicant responded to this letter on 11 November 2016 by providing the requested information. In relation to the preliminary concerns, the applicant advised that they are not prepared to make any changes to the proposal at this stage, however included an updated traffic report by TraffixGroup in an attempt to address concerns raised regarding adequacy of car parking provision to the cafe. The Applicant requested commencement of advertising as soon as possible. The Applicant was advised on 19 January 2017 that this application was coming to the February Council meeting, in addition to a letter that was sent to the Applicant formally informing them of the details of the Council meeting. The Applicant has been advised that this application is recommended for approval subject to conditions, and an outline of the conditions and the ramifications of the conditions on the proposal have been explained. The Site and Surrounds The subject land is located on west side of Stanley Avenue, approximately 27 metres north of Ian Grove in Mount Waverley. The land is a small and regularly shaped having an overall area of 186 square metres. A right of way extends across the rear boundary with access from Ian Grove. The property is currently developed with a single storey terrace building. The building is currently vacant and provides for two off-street car parking spaces within the rear setback, accessed via the ROW. The building extends across the full length of the 6.1 metre frontage and shares boundary walls with adjoining properties to the north and south. The subject land forms part of a strip shopping centre consisting of nine commercial buildings along the western side of Stanley Avenue. There is not a lot of activity within this strip as several shops are vacant or are being used as offices. The built form of the centre is predominately single storey, with two of the shops being double storey. The remainder of the neighbourhood is residential in nature, with built form consisting of a mix of single and double storey dwellings. A planning permit was issued at the direction of VCAT on 26 September 2016 for the development is for a three storey building at no.63 Stanley Avenue. The application was refused by officers acting under delegation. The approved development has not yet commenced construction. An aerial photograph of the subject site and surrounding land can be found attached to this report (Attachment 2).

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Council Meeting, 28 February 2017 Section 1.7 – Page 9

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PROPOSAL:

The proposal is to construct a three storey building for use as a cafe (ground floor) and three residential apartments at first and second storey. A reduction of the car parking requirement associated with the ground floor cafe, and waiver of the loading bay facilities is also proposed. Details for the proposal can be sumarised as:

• Retail tenancy at ground floor with a floor area of 55 sqaure metres that is proposed to be used as a cafe. The cafe will be accessed via a seperate door entry. Full clear glazing will be provided to the cafe tenancy facing Stanley Avenue.

• Apartment 1 will consist of 2 bedrooms and and open plan kitchen-living area. The apartment is provided with direct access to a balcony (9m2) from the living area facing Stanley Avenue.

• Apartment 2 will consist of 1 bedroom and open plan kitchen-living area. The apartment is provided with direct access to a balcony (8m2) from the living area facing the rear lane.

• Apartment 3 will consist of 3 bedrooms and an open plan kitchen-living area. The apartment is provided with direct access to a balcony (9m3) from the living area facing Stanley Avenue.

• Pedestrian entry to all apartments via Stanley Avenue, immediately adjacent to the shop entrance.

• Four off-street car parking spaces in a stacker arrangement to the rear of the site. These spaces are allocated soley to residents.

• Provision of a bin store and storage rooms at ground level accessed via the rear laneway.

• The highest part of the building is sited towards the ROW, with a maximum height of 11.5 metres to the top of the parapet. The lowest part of the building is sited toward Stanley Avenue, with a height 9.8 metres.

Attachment 1 details plans forming part of the application.

PERMIT TRIGGERS:

Zoning The land is zoned Commercial 1 under the provisions of the Monash Planning Scheme. Pursuant to the requirements of Clause 34.01-1 a permit is required for accommodation (including a dwelling) where the frontage at ground level exceeds 2 metres. No permit is required for use of premises as a shop within the zone.

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Pursuant to the requirements of Clause 34.01-4 a permit is required to construct a building within the zone. Overlays The land is not subject to any overlay control. Particular Provisions Clause 52.06: Car Parking Prior to a new building being occupied the car parking spaces required under Clause 52.06-5 must be provided on the land. Pursuant to the provisions of Clause 52.06-3 a permit is required to reduce the number of car parking spaces required under Clause 52.06-5. The current proposal seeks a reduction of 2 spaces associated with the cafe. Clause 52.07: Loading and unloading of vehicles No buildings or works may be constructed for the manufacture, servicing, storage or sale of goods or materials unless space is provided on the land for loading and unloading of vehicles. A permit is needed to reduce or waive the loading bay requirements.

Attachment 3 details the zoning and overlays applicable to the subject site and surrounding land.

CONSULTATION:

Public Notice Notice of the application was given in accordance with section 52 of the Planning and Environment Act 1987 to the surrounding property owners and occupants, along with the display of one (1) sign on the site (located on Stanley Avenue). Objections received for the applications included the following: • Insufficient car parking/traffic congestion • Increase in traffic during construction • Proposal not consistent with Neighbourhood character • Noise pollution • Overshadowing • Devaluation of the adjoining properties These matters have all been considered as part of the following assessment. Attachment 4 details the location of objector properties. Referrals No external referrals are required.

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Internal Referral The application has been referred to Council’s Traffic and Drainage Engineers for comment. Relevant comments form part of the assessment of the application. Standard conditions form part of the recommendation.

DISCUSSION:

Consistency with State and Local Planning Policies Plan Melbourne is the Metropolitan Strategy that planning authorities must consider when assessing applications for planning permits. The key directions that are of particular relevance to the proposal are:

“Understand and plan for expected housing needs.” “Reduce the cost of living by increasing housing supply near services and public transport.” “Facilitate the supply of affordable housing.”

Initiatives seek to locate a substantial proportion of new housing in or close to locations that offer good access to services and transport and employment areas. Relevant housing objectives and strategies of activity centres policy found at Clause 11.01 seek:

“Provide different types of housing, including forms of higher density housing.” Housing policy at Clause 16.01 seeks to:

“Increase the supply of housing in existing urban areas by facilitating increased housing yield in appropriate locations, including under-utilised urban land.” “Encourage higher density housing development on sites that are well located in relation to activity centres, employment corridors and public transport.”

Whilst the need for increased density and housing diversity are recognised within overarching housing policy, the interface of a proposed development with its neighbours and appropriateness of scale remain critical tests in determining the merits of any such application. The design and scale of the proposal is considered to appropriately integrate with the built form of the surrounding area, with double storey buildings found within the small commercial precinct as well as a three storey building recently approved. The Municipal Strategic Statement at Clause 21 identifies that there is an increasing demand for a variety of different housing styles to cater for changing household sizes and structures. Clause 21.04 (Residential Development Policy) details Council's goal is for residential development in the City to be balanced in

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providing a variety of housing styles whilst remaining sympathetic to existing neighbourhood character. Relevant activity centres strategies at Clause 21.06-3 seek to:

“Enhance the structure and function of activity centres by encouraging a variety of mixed use development, enhancing streetscapes and access including public transport, walking and cycling, improving car parking and creating attractive environments for the benefit of the local community.

Maintain the vibrancy of the street by encouraging “active frontages” with retail, leisure and cultural facilities.

Enhance the landscape and signage character of the streetscape and improve the safety and amenity of pedestrian networks including cycle ways, public transport access and parking opportunities where necessary, in all activity centres.

Require new residential development to provide useable recreational areas, including private, communal and secluded open space areas that are well designed, integrated, functional, safe, solar oriented, well ventilated and meet the needs of future residents.

Ensure new residential development achieves high quality architectural and urban design outcomes that positively contribute to neighbourhood character.

Promote and facilitate housing projects that will result in a mix of housing types including mixed use developments in appropriate locations, such as “shop top” dwellings within activity centres, as well as over car-parks and other appropriate areas.

Consider the interface between activity centres and residential areas to minimise and/or manage any impact on the residential character and loss of amenity through innovative and high quality architectural design, appropriate setbacks and landscaping.

The proposed development is consistent with these strategies in that it facilitates investment and development re-generation within an established commercial precinct and provides for housing diversity. Whilst regeneration and housing diversity is encouraged by relevant policy, it is considered that the design response could further be improved to ensure an appropriate built form outcome and height graduation that is complimentary and appropriate to the surrounding residential area. This will be discussed in greater detail in this report. Council’s Industry and Business Development and Character Policy at Clause 22.03 of the scheme seeks to ensure new development is well integrated into existing business or industrial areas through high quality built form together with a scale and character that enhances the streetscape and local amenity. It is policy that development complements and does not visually overwhelm surrounding

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buildings, roads or spaces in terms of building scale, height and bulk, and is of a high quality design suitable for the locality. Monash Housing Strategy 2014 The Monash Housing Strategy has been developed to review Council’s current housing strategies based on an assessment of key State and Local Strategies and research from all tiers of Government and other research bodies. The housing strategy identifies that a key issue for Monash will continue to be the management of household growth and change while at the same time preserving valued neighbourhood character and enhancing sustainability. The need for the City of Monash to adopt a proactive role to address housing issues has been imperative and the Monash Housing Strategy forms part of that role. Opportunities for residential growth within the City of Monash are increasingly limited within established residential areas. The Monash Housing Strategy amongst other items has identified the lack of greenfield land supply within the municipality. It is considered the proposal would result in a modest addition to the housing supply, and the form/scale of the building would not result in an unacceptable streetscape impact. ASSESSMENT

Neighbourhood Character and Built Form The subject site is within a small neighbourhood activity centre. New development must be designed to ensure that the design response respects the existing neighbourhood character and contributes to the preferred future character and responds to the features of the site. The height and setback of buildings must also respect the existing or preferred neighbourhood character and limit the impact on the amenity of existing dwellings. The highest part of the building is sited towards the ROW, with a maximum height of 11.5 metres to the top of the parapet. The lowest part of the building is sited toward Stanley Avenue, with a height 9.8 metres. While a three storey scale building is considered appropriate given the context of the site between two 2 storey buildings, the footprint of the third level could be further reduced as to more effectively integrate with the surrounding built form. To achieve this, it is recommended that Bed 3 of Unit 3 be deleted. Streetscape The three storey height of the development is considered appropriate given the established and emerging built form of the adjoining commercial precinct and transition in height and scale with the adjoining two storey buildings immediately

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to the north and south. The proposed development represents an incremental increase in height from 2-3 storeys at this location in this shopping strip. Furthermore, given the recent approval of a three storey building at 63 Stanley Avenue, it is not believed that the proposed three storey built form will be at odds with the Stanley Street character. The third storey of the proposed building is stepped back from the street by 1.7 metres, with the ground floor and second storey built to the Stanley Avenue boundary. While small balconies at both residential levels give some articulation to the facade, it is considered a 1.7 metre setback at the third storey is insufficient in reducing the overall massing of the building to adjoining properties as well as the streetscape. It is considered that third level should be setback an additional 1 metre from Stanley Avenue to reduce the visual impact of the building when viewed from the street. Rear interface The building setback from the rear of the site at third storey is 5.4 metres, with the ground floor and second storey built to the laneway boundary. Land to the rear of the subject site is zoned residential, with a single storey brick dwelling located to the rear of the laneway at no.18 Briggs Street. The residentially zoned land to the rear of the site represents the site’s most sensitive abuttal. It is considered that a 5.4 metre setback provides insufficient separation to the rear interface, given the lack of gradation between the modest single storey dwelling and the proposed building. This can be addressed by condition of any planning permit that may issue. The proposal should improve the transition in building height to residential properties, and to the lower two-storey scale shops which front Stanley Avenue. Car Parking, traffic and access Car parking is proposed as follows:

Total required 6 Total provided 4

Use Number of Dwellings

Clause 52.06 Requirement

Car spaces required Car spaces provided

One bedroom dwelling

1 1 space per dwelling 1 1

Two bedroom dwelling

1 1 space per dwelling 1 1

Three bedroom dwelling

1 2 spaces per dwelling

2 2

Cafe 55m2 4 spaces per 100m² of leasable floor area

2 0

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Four car spaces will be provided at the rear of the site within a mechanical car stacker system. These spaces are allocated to the 3 proposed dwellings. Vehicle access provided to the site is directly to a 4 metre wide ROW which extends along the western boundary of the site and is accessed from Ian Grove.

However, the cafe requires 4 spaces per 100m² of leasable floor area, under the Monash Planning Scheme. The proposed cafe has an area of 55m², yielding a statutory requirement of 2 car spaces for this use. The proposal proposes to waive this requirement and provide no cafe parking on site.

A traffic report prepared by Traffix Group was submitted as part of the application. This included parking occupancy spot surveys conducted on Wednesday 15 June 2016 at 2.45pm, Thursday 16 June 2016 at 12.30pm, 7pm and 8pm and Saturday 18 June 2016 at 12pm, 1pm, 7pm and 8pm. The surveys looked at on street parking within approximately 200 metre walking distance of the site. The survey concludes: • Peak occupancy was observed at 12.30pm on the Thursday survey with

80 cars observed parked and 205 spaces vacant (28% occupancy). • The survey area of approximately 200m walking distance from the site is

considered excessive given the subject site is located within a small retail strip. A low occupancy over the surveyed area is likely due to the predominantly residential nature of the area.

However, Council’s Traffic Engineers consider that 1 car space for the cafe should be provided on site.

It is considered that the provision of on street parking around the shopping area is insufficient to accommodate the cars generated by the proposed cafe, and that the proposed development should provide at least 1 space for the cafe. This can be provided by condition should a planning permit issue. It is recommended that permit conditions be imposed on any permit that may issue, requiring the three-bedroom dwelling be reduced to a two-bedroom dwelling allowing for the provision for one on-site car parking space re-allocated to the cafe. It considered there is insufficient area for efficient vehicle movement for vehicles to access and egress the car stackers from the laneway, given no building setback at the lane entry. This was raised as a preliminary concern with the Applicant at an early stage, but the Applicant chose not to address this concern. Council’s Traffic Engineer considers that a minimum aisle width adjacent to the stacker system of 6.4 metres from the western boundary of the adjacent laneway is required. This can be provided by condition should a planning permit issue.

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Waiver of the loading bay facilities

Minimum loading bay dimensions are as follows:

Area 27.4 sqm Length 7.6m Width 3.6m Height clearance

4.0m

The waiver of the loading bay requirement for the retail tenancy is considered acceptable. There is short-term on-street parking availability in close proximity to the site, which can accommodate the deliveries required for the cafe. Private Open Space Although the standards and objectives under Clause 55 (ResCode) of the Monash Planning Scheme are not applicable in a Commercial 1 Zone, they provide good guidance to assess the residential component of this development. Standard B28 of ResCode requires the provision of a balcony of 8 square metres with a minimum width of 1.6 metres and convenient access from a living room for this kind of apartment style living. Each dwelling contains a balcony of either 8 or 9 square metres with a minimum width of 1.6 metres, which is considered appropriate in this instance.

Overlooking Habitable windows are proposed at the first and second floor, orientated to the north, east and west. Surrounding development to the north and south is commercial; therefore no overlooking impacts are envisaged. The west facing second floor balcony of dwelling 2 and west facing third floor bedroom window of dwelling 3 face residential interfaces. However, the balcony has been provided with an obscured glass screen up to 1.7 metres above finished floor level, and permit conditions will require the deletion of Bed 3 from the third floor, resulting in an 8.9 metre setback of the western facade at third floor from the western site boundary. Therefore, overlooking is not considered a concern. Overshadowing Shadow diagrams demonstrate, the proposed shadows fall mostly over Stanley Avenue and the rear lane. A small portion of shadows fall onto the secluded private open space of 18 and 3/20 Briggs Street at 3pm. However, the spaces will receive a minimum of 5 hours of daylight and therefore will not be unreasonably impacted by this proposal. On site amenity for residents Direct lift and stair access is available from the ground floor level to each level within the development. Separate entries to the residential and commercial

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element of the building are provided and internal access to the rear car parking area is convenient and secure. Windows and balconies have been appropriately located to provide acceptable solar access and daylight for future residents, ensuring a satisfactory level of internal amenity. Light courts with a dimension of 1 metre have been provided along the northern facade of the second and third storeys. A 1metre light court is consistent with building regulations and is considered acceptable within the context of this smaller scale commercial strip. Furthermore, this is considered sufficient due to the narrow constraint of the site. Waste Storage and Disposal Waste disposal bins are located within the building adjacent to the car stackers. Comment was sought from Council’s Waste Management Department. It was advised that Ian Grove could be utilised for public bin collection, as is the case with the existing buildings within the strip. It was also advised that bins would need to be located within the building for private collection, in which a truck could reverse down the laneway to the rear of the site. A Waste Management Plan will be required to be submitted for assessment.

Design Detail The proposed materials include ‘colourbond’ iron stone cladding, brick tiles and concrete. It is considered the façade treatment provides for an appropriate degree of visual interest through use of varied materials and finishes, along with vertical and horizontal articulation elements to minimise the perception of visual bulk. Articulation is also provided through the use of balconies, windows and the use of varied setbacks between levels. Objection concerns not previously addressed

Increased traffic in the area It is considered that any additional traffic generated by this development will have a negligible impact on the local traffic network.

Increase in traffic during construction/traffic safety It is recommended that a condition be placed on any permit that issues requiring a construction management plan. Such a plan will specify measures to control safe movement of vehicles to and from the site.

Noise pollution It is not considered that the land uses generated by this development will cause excessive noise.

Devaluation of the adjoining properties. Economic ground is not a planning consideration that can be substantiated.

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CONCLUSION:

The proposed development is considered appropriate to the site and supports both State and Local planning policies. The proposed design scheme provides for an appropriate transition in building height, and the built form proposed is generally respectful of the current character and commercial focus along Stanley Avenue. It is recommended that that the development be approved subject to conditions.

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LIST OF ATTACHMENTS: Attachment 1 – Proposed Development Plans. Attachment 2 – Aerial Photograph (October 2014). Attachment 3 – Zoning and Overlays Map. Attachment 4 – Objector Properties Location Map.