for the sole purpose & review as part of a planning Act ...

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1 | Page Belfield Planning Consultants [email protected] 0400 539 527 ABN 4642 584 5830 Our Reference:03120 (106 Wellington) 15 December 2020 Rees May Senior Statutory Planner [email protected] Good Morning Rees RE: RFI Reply Your Ref: PLP100/20 Prop: 106 Wellington St, Wallan I write in response to your request for further information you sent to Urban Arch Design dated 23 June 2020. I have been asked to take over the proposed development, and in the process, reply to your RFI. The following utilises the wording of your letter to ensure each point is addressed. The estimated cost of development is $900,000 as provided on the application form. Written evidence from a suitably qualified estimator detailing construction costs associated with the proposal must be submitted. The estimation must be in accordance with the Rawlinsons Construction Cost Guide 2015 and must accurately detail an individual cost for each element of the proposal and the total amount of the development. If the application is deemed to be estimated over the MPL threshold amount, the applicant must submit a valid Metropolitan Planning Levy (MPL) certificate issued by the State Revenue Office as outlined under Section 47 and 96P of the Planning and Environment Act 1987. o Not provided - The two dwellings now proposed will have a build price of $550,000. The subject site is located within and area of Aboriginal Cultural Heritage Sensitivity and the development proposed requires a Cultural Heritage Management Plan to approved before a planning permit can be issued. o Not provided – The amendment of the development to only two dwellings ensures the activity is now exempt from requiring a CHMP. A planning permit is required to construct two or more dwellings on a lot pursuant to Clause 32.08-6 of the Mitchel Planning Scheme General Residential Zone. The application must be accompanied by a report addressing the relevant standards, objectives and policies o Provided – See attached Planning Report The application also fails to meet the Melbourne Water advice with respects to the incorporation of the flood overlay. As noted at bottom of page 2 in the Melbourne Water Response – 31 Oct 2019. A minimum twenty (20) metre setback in the form of an easement measured from the centreline of the waterway is required for the conveyance of overland flow. Any development must be located outside this setback. This position is supported as it align Council’s strategic documents. A planning permit is required an easement pursuant to Clause 52.02 of the Mitchell Planning Scheme. This copied document is made available for the sole purpose of enabling its consideration & review as part of a planning process under the Planning and Environment Act 1987. This document must not be used for any purpose which may breach any copyright.

Transcript of for the sole purpose & review as part of a planning Act ...

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Belfield Planning Consultants

[email protected] 0400 539 527

ABN 4642 584 5830 Our Reference:03120 (106 Wellington)

15 December 2020 Rees May Senior Statutory Planner [email protected] Good Morning Rees RE: RFI Reply Your Ref: PLP100/20 Prop: 106 Wellington St, Wallan I write in response to your request for further information you sent to Urban Arch Design dated 23 June 2020. I have been asked to take over the proposed development, and in the process, reply to your RFI.

The following utilises the wording of your letter to ensure each point is addressed.

• The estimated cost of development is $900,000 as provided on the application form. Written evidence from a suitably qualified estimator detailing construction costs associated with the proposal must be submitted. The estimation must be in accordance with the Rawlinsons Construction Cost Guide 2015 and must accurately detail an individual cost for each element of the proposal and the total amount of the development. If the application is deemed to be estimated over the MPL threshold amount, the applicant must submit a valid Metropolitan Planning Levy (MPL) certificate issued by the State Revenue Office as outlined under Section 47 and 96P of the Planning and Environment Act 1987.

o Not provided - The two dwellings now proposed will have a build price of $550,000.

• The subject site is located within and area of Aboriginal Cultural Heritage Sensitivity and the development proposed requires a Cultural Heritage Management Plan to approved before a planning permit can be issued.

o Not provided – The amendment of the development to only two dwellings ensures the activity is now exempt from requiring a CHMP.

• A planning permit is required to construct two or more dwellings on a lot pursuant to Clause 32.08-6 of the Mitchel Planning Scheme General Residential Zone. The application must be accompanied by a report addressing the relevant standards, objectives and policies

o Provided – See attached Planning Report

• The application also fails to meet the Melbourne Water advice with respects to the incorporation of the flood overlay. As noted at bottom of page 2 in the Melbourne Water Response – 31 Oct 2019. A minimum twenty (20) metre setback in the form of an easement measured from the centreline of the waterway is required for the conveyance of overland flow. Any development must be located outside this setback. This position is supported as it align Council’s strategic documents. A planning permit is required an easement pursuant to Clause 52.02 of the Mitchell Planning Scheme.

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o Not Provided - The current application was lodged in 2020 therefore it is concerning that you are refencing a Melbourne Water letter dated in 2019. The letter from Melbourne Water referencing the current application dated 25 June 2020 makes no refence to an easement rather it simply requires a 20m setback from the “top of bank” to the Wallan Creek. A discussion with Louise Ripper at MW has confirmed that they don’t require an easement. The amended design lodged with this RFI is now showing both dwellings with more than 20m from the rear boundary and thus exceeding the 20m from the “top of bank”.

• Pursuant to Clause 32.08-4 of the Mitchell Planning Scheme an application to construct or extend a dwelling or residential building on a lot must provide a minimum garden area of 35% of the subject site which equates to 394.79sqm. Garden area is defined in the Mitchell Planning Scheme as any area on a lot with a minimum dimension of 1 metre that does not include:

o Provided – The requirement for the dwellings to provide a 20m rear setback ensures the garden area easily exceeds the 35%.

• The application has not been accompanied by a written design. The design response is required to demonstrate how the application meets the objectives of Clause 55 (two or more dwellings on a lot) of the Mitchell Planning Scheme. The written design response is required to demonstrate how the design responds the neighbourhood character and the relevant State and Local Planning Policy Framework. Council has concerns with the ordination of the development, and the bulk and appearance of the dwellings from the streetscape. From the information provided officers have not been able to undertake an assessment of the clause 55 requirements.

o Provided – See attached Planning Report

• The design response does not provide a suitable interface to the future King Street extension. It is suggested the design be amended to provide a rear loaded product. The design should front the future King Street extension (and Wellington Street) with a footpath constructed within the King Street road reserve. Garages should be provided to the rear along the shared accessway.

o Partially Provided – The two dwellings proposed will front Wellington St however the front of Dwelling 1 will also be accessible from the future King St. This approach is the standard approach adopted for nearly every corner development where there is a high side fence to one street and a low fence to the principle frontage. Given King St is currently a grassed reserve without any form of capital improvement there is NO incentive or requirement to orientate the dwellings in that direction. There is also no requirement for this permit to fund the construction of a footpath such as may be required by a DCPO.

o It is also worth noting that the footpath is not part of the subject site therefore Council is not permitted to request the construction of the footpath via this permit.

Engineering comments

The application has been referred to Council’s Engineering Department who has raised the following concerns with the application:

• There appears to be a yellow marking indicating a bus stop that may/may not be still in use. Therefore, the application will be required to be referred to Public Transport Victoria to ensure that they are comfortable for the bus stop to be removed and a crossing to be situated within this area.

o The bus stop has been “blacked out” on the opposite side of Wellington St and partially blacked out on the east side of Wellington St. This appears therefore to be a redundant bus stop. This is confirmed by a review of the Bus Routes in Wallan as shown below which shows buses don’t come near the site.

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• The common property driveway does not to provide forward motion egress for all allotments and will need to be amended to facilitate this requirement. Vehicle turning circles are required to be shown on the site plan to demonstrate compliance. The proposed layout of the shared accessway and vehicle access for dwelling 2 is not appropriate and will not be supported. The proposal does not allow for safe and efficient vehicle movements to and from the site.

o Not Required – Each dwelling will now have their own driveway the same as nearly all individual dwellings in the area.

Urban design comments

The application has been referred to Council’s Urban Designer who has raised the following concerns with the application:

• The design response does not provide a suitable interface to the future King Street extension and makes no attempt to integrate the watercourse as outlined in the Wallan structure/township plan.

Subject site

Subject site

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o The proposed two dwellings now adopt a conventional approach to corner sites with Dwelling 1 having a high side fence to King St. If King Street had been constructed a different approach may have been considered however until such time as that occurs the approach proposed is deemed the most conventional.

o The site has integrated the water course into the development by proposing an open wire fence to the rear and an open landscape character to the rear 20m of the site. Given this area has been designated by Melbourne Water as flood prone there is very little that can be done other than leave it free to allow unimpeded flow of flood water across it.

• The design response orientates the dwellings away from the future road and waterway, this will create a poor public realm interface.

o As stated above, a conventional corner site design will be utilised with each dwelling fronting Wellington St and a high side fence for Dwelling 1 along most of the sensitive frontage to the future King St. This approach is used on nearly every surrounding corner site including the Council building opposite where it abuts the constructed King Street.

• Further, there are a number of elements from the Wallan Town Centre masterplan (please refer to pg84) that have not been met, including:

o Architecturally expressed corner to Wellington and King (part future) Street.

o The Masterplan has identified the site as having potential to have an “architecturally expressed corner”. While this is admirable, the Masterplan has not taken into account that only the Wellington St frontage can be developed and the rear of the site is flood prone. In addition, the Masterplan didn’t take into account that a CHMP may be required nominated activities such as three or more dwellings and that Council has not rezoned, or provided an overlay over the land, which would encourage a higher built form. This has meant the simplest, most straight forward, and reflective of the surrounding character, form of development is the proposed two dwelling development. A two storey dwelling on the corner is considered to provide architectural ex

o It is also important to identify that in 2.6 of the Masterplan (p89) it states:

§ Throughout the precinct, higher density housing will play a key role in increasing the vibrancy in the Town Centre. Given the easy walking distances to community and commercial services, it is a sensible location for higher density housing. The housing in this precinct should take the form of contemporary terrace housing or small scale apartment developments, and be sensitively designed townhouses to minimise the occurrence of the appearance of miniature houses. This will develop a stronger and more consistent street frontage helping to reinforce and define perspectives to the surrounding regions of Wallan.

o The two-storey dwelling proposed for the corner will “architecturally express” the corner as presently it is a vacant site. Developing the land for medium density development with two two-storey large dwellings will intensify the use of the land and create a built form more consistent with being on the periphery of a small activity centre.

o Improve east-west connectivity by constructing the unformed part of King Street and a new mid-block connection. This application should make contribution to the delivery of the future King Street extension.

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o As stated previously, there is no nexus between the development and construction of King St. If Council seeks the development of the unformed King Street then there are mechanisms in the Victoria Planning Provisions to achieve this, such as a Development Contributions Plan Overlay. Until such time as Council has run the gamut of undertaking an amendment for a DCPO then Council should not be seeking a single developer to construct a portion of the road.

o Positively address the waterway frontage and provide pedestrian linkages along it.

o The development will provide scope for the Council or Melbourne Water to purchase the rear flood prone area of the site in the future when Wallan Creek is upgraded and a path is undertaken by Council. Until that time Council should not be asking for a development to contribute to the development of the path.

• Given the site conditions, structure/township plan requirements and proximity to existing services within the centre if Wallan township, the site may be better suited for an apartment building that can provide a stronger interface treatment to the future King Street extension and waterway.

o Partially agree – The Masterplan itself said large townhouses or apartments. In this case the development of two large townhouses is considered to achieve the Masterplan objective to see some form of medium density development occuring on the vacant land.

Required further information

Please provide the following:

Forms

• A form requesting to amend a current planning permit application is required in accordance with Section 50 of the Act. This form is required to be submitted to apply for the easement as specified by Melbourne Water.

o As stated above, the Melbourne Water advice that responded to this application did not request an easement.

o It is also recommended that you read the VCAT determination with respect to a Council asking for s50A amendment. In: 3 Dickens Street Pty Ltd v Boroondara CC [2017] VCAT 2144. In this case the Tribunal said it was not appropriate to ask for a s50 amendment.

Professional reports

• A Cultural Heritage Management Plan (CHMP) completed by a suitably qualified person, which contains a certificate of approval from the Office of Aboriginal Affairs Victoria (AAV), or written evidence from a suitably qualified person to confirm that a CHMP is not required.

o A two dwelling development is not a sensitive activity therefore no CHMP has been prepared.

• A written design response (as specified in the planning scheme) which must explain how the proposed design:

o Derives from and responds to the neighbourhood and site description.

o Meets the objectives of Clause 55.

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o Responds to any neighbourhood character features for the area identified in a local planning policy.

o See attached Planning Report

Plans

• An amended site layout plan drawn at an appropriate scale which addresses concerns mentioned above. Site layout plans are required to show the layout of the ground floor of all dwellings and upper storey of all dwellings.

• Fully dimensioned elevation plans drawn at a scale of 1:100 or 1:200 which includes:

o The slope of the land and indicating the differences between natural ground levels compared to proposed floor levels. The elevation plans need to show finished floor levels and the overall building and wall heights above natural ground level to Australian Height Datum (AHD) or a Reference Level (RL) that will not be affected during construction and also show the amount of cut and fill undertaken.

o Colours, materials and finishes of all dwellings.

o See attached plans

• A Neighbourhood and Site Description (as described in Clause 55 of the Mitchell Planning Scheme) which may use a site plan, photographs or other techniques and must accurately describe, as a minimum the adjoining, abutting and opposite properties:

In relation to the land

o The pattern of development of the neighbourhood.

o The built form, scale and character of surrounding development including front fencing.

o Architectural and roof styles.

o Any other notable features or characteristics of the neighbourhood.

In relation to the site

o Site shape, size, orientation and easements.

o Provided

o Levels of the site and the difference in levels between the site and surrounding properties.

o Provided

o The location of existing buildings on the site and on surrounding properties, including the location and height of walls built to the boundary of the site.

o N/A – No buildings on the site or on the abutting properties.

o The use of surrounding buildings.

o N/A – No buildings on the abutting properties.

o The location of secluded private open space and habitable room windows of surrounding properties which have an outlook to the site within 9 metres.

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o N/A – No buildings on the abutting properties.

o Solar access to the site and to surrounding properties.

o Provided – No abutting properties.

o Location of significant trees existing on the site and any significant trees removed from the site 12 months prior to the application being made, where known.

o No trees are on the site or have been for over 10 years except to the rear of the site where it abuts the rear boundary and Wallan Ck.

o Any contaminated soils and filled areas, where known.

o No contamination sources are evident

o Views to and from the site.

o No significant views to and from the site.

o Street frontage features such as poles, street trees and kerb crossovers.

o The plans indicate there are no poles, street trees and only one existing crossing onto Wellington St.

o The location of local shops, public transport services and public open spaces within walking distance.

o Provided in the attached plans.

o Any other notable features or characteristics of the site.

o No notable features to the site except to the rear of the site which abuts the Wallan Creek.

• Updated shadow diagrams to reflect concerns specified above for September Equinox at 9am, 12 noon, 3pm showing all adjoining property’s dwellings with habitable room windows and private open space areas clearly identified.

o Shadow diagrams have been provided. As you are aware there is no abutting dwellings therefore shadow diagrams are not relevant in this instance.

• Written evidence from a suitably qualified estimator detailing construction costs associated with the proposal must be submitted as outlined above. individual cost for each element of the proposal and the total amount of the development. If the application is deemed to be estimated over the MPL threshold amount, a valid Metropolitan Planning Levy (MPL) certificate must be provided. This certificate must be obtained from the State Revenue Office.

o As stated above, the cost of the two dwellings will be well below the MPC threshold so no estimate has been provided.

• A full current copy of Title for the land, including current ownership details, title plan and a full copy of any registered covenants, restrictions or Section 173 Agreements that apply to the land. The copy of Title must be clearly legible and no older than 3 months. A copy of the Title can be obtained by contacting the Victorian Land Titles Office on (03) 8636 2456 or download a copy from https://www.landata.vic.gov.au (the register search statement submitted with the application is for Lot 2 on Plan of Subdivision 715276V. the proposed development appears to be located on Lot 1 on Plan of Subdivision 715276V)

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o A recent copy of the title has been provided.

I hope this addresses your requirements. I know look forward to you progressing this application through to advertising.

If you require any further information please don’t hesitate to contact me.

Regards

Kim Belfield MVEPLA

Belfield Planning Consultants

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File 03120 106 Wellington St Checked: JIB

1

Planning Report 106 Wellington St, Wallan

Construction of two dwellings on a lot

Belfield Planning Consultants Date: 15 December 2020 Author: Kim Belfield Ph: 0400 539 527

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File 03120 106 Wellington St Checked: JIB

106 Wellington St, Wallan - Planning Report 2020

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CONTENTS

1. CONTENTS .................................................................................................................................................. 2 2. EXECUTIVE SUMMARY ................................................................................................................................ 3 3. APPLICATION SUMMARY ............................................................................................................................ 3 4. PLANNING HISTORY ................................................................................................................................... 3 5. PROPOSAL .................................................................................................................................................. 4

Development .............................................................................................................................................. 4 6. SUBJECT SITE AND SURROUNDS ................................................................................................................. 5 7. MITCHELL PLANNING SCHEME – STATUTORY CONTROLS .......................................................................... 6

ZONE ........................................................................................................................................................... 6 Cl 32.08 -General Residential Zone ............................................................................................................ 6 OVERLAYS ................................................................................................................................................... 7

8. STRATEGIC ASSESSMENT - STATE ............................................................................................................... 8 STATE PLANNING POLICY FRAMEWORK ..................................................................................................... 8 Clause 11- Settlement ................................................................................................................................ 8 Clause 11.06 – Metropolitan Melbourne ................................................................................................... 8 Clause 12 – Environmental and Landscape Values ..................................................................................... 8 Clause 14.02-1S – Catchment Planning and Management ......................................................................... 9 Clause 15.01 – Built Environment .............................................................................................................. 9 Clause 15.02 – Sustainable Development .................................................................................................. 9 Clause 16.01 – Residential Development ................................................................................................... 9

9. STRATEGIC ASSESSMENT - LOCAL ............................................................................................................ 10 MUNICIPAL STRATEGIC STATEMENT ........................................................................................................ 10 Local Planning Policy ................................................................................................................................ 11

10. STATUTORY ASSESSMENT ........................................................................................................................ 12 Clause 52.06 Car Parking Assessment ...................................................................................................... 12 Clause 55 Assessment .............................................................................................................................. 12

11. OTHER PLANNING MATTERS .................................................................................................................... 20 Clause 65 - Decision Guidelines ................................................................................................................ 20

12. DISCUSSION .............................................................................................................................................. 23 Strategic context for the development .................................................................................................... 23

13. CONCLUSION ............................................................................................................................................ 23

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File 03120 106 Wellington St Checked: JIB

106 Wellington St, Wallan - Planning Report 2020

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EXECUTIVE SUMMARY

a. This planning report supports the construction of two dwellings at 106 Wellington St, Wallan (the subject

site).

APPLICATION SUMMARY

• Site Address: 106 Wellington St, Wallan 3756

• Title Details: Lot 1 of PS 715276V

• Proposal: Application to construct two dwellings on a lot

• Zoning: General Residential Zone (Sch 1)

• Overlay: ESO (Sch 3), FO

• Restrictive Covenants: No restrictive covenants are present on the title

• Existing Use: Vacant

PLANNING HISTORY

a. This report is in response to the Council’s Request for Further Information letter dated 23 June 2020.

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File 03120 106 Wellington St Checked: JIB

106 Wellington St, Wallan - Planning Report 2020

4

PROPOSAL

Development

a. The amended proposal seeks to develop the site for 2 x 4 bedroom detached dwellings.

b. Double garages for each dwelling will be accessed from Wellington St.

Description - Appearance

c. As illustrated in the attached plans, the design offers a conventional appearance with pitched roofs, a mix

of render, timber and brick walls with large windows.

d. Landscaping will continue to be a focus across the development as shown in the attached landscape plan

with an emphasis on limiting any form of landscaping in the rear 20m of flood prone lane. In addition,

only a wire mesh fence will be utilised within the flood prone area to the rear to allow the transmission

of water.

Diagram 1 – Front Elevation

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106 Wellington St, Wallan - Planning Report 2020

03120 219 Wellington St Checked: JIB

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SUBJECT SITE AND SURROUNDS

a. The Council is familiar with the subject site. It is a large vacant site on the south east corner of Wellington

St (to the west) and the unconstructed King St (to the north)(See Photograph 1). To the rear is Wallan

Creek.

b. The site is largely devoid of vegetation (except at the rear boundary along the Wallan Creek)

c. Opposite the site is the Council kindergarten and the Wallan Activity Centre is only 124m to the south.

Photograph 1 – Subject site

Subject site

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106 Wellington St, Wallan - Planning Report 2020

03120 219 Wellington St Checked: JIB

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MITCHELL PLANNING SCHEME – STATUTORY CONTROLS

a. The site is zoned General Residential Zone (Schedule 1) with an Environmental Significance and Flood

Overlays.

Planning Scheme

Zone Overlays Use Building and Works

Other Clauses

Mitchell GRZ (1) – Cl 32.08

ESO(3) FO

Section 1 Section 2 52.06 & 55

ZONE

Cl 32.08 -General Residential Zone

Diagram 2 - Zoning Plan

Source: Planning Certificate

Purpose

b. The proposed development is consistent with the purpose of the General Residential Zone which is:

• To implement the State Planning Policy Framework and the Local Planning Policy Framework,

including the Municipal Strategic Statement and local planning policies.

• To encourage development that respects the neighbourhood character of the area.

• To encourage a diversity of housing types and housing growth particularly in locations offering good

access to services and transport.

• To allow educational, recreational, religious, community and a limited range of other nonresidential

uses to serve local community needs in appropriate locations.

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Garden Area

c. Cl32.08-4 requires 35% garden area. The proposed development will provide the required area.

Building and Works Provisions

d. A permit is required pursuant to Clause 32.08 -6 to have two or more dwellings on a lot.

Schedule 2 to the General Residential Zone

e. The subject site is located within Schedule 1 to the General Residential Zone. The Schedule contains NO

specific requirements.

OVERLAYS

f. Environmental Significance and Flood Overlays affect the rear of the site. No development is proposed in

that area.

g. A permit is required pursuant to the ESO given the dwellings will be within 30m of a named watercourse.

A permit is required for the proposed open wire fence within the rear flood prone area.

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STRATEGIC ASSESSMENT - STATE

STATE PLANNING POLICY FRAMEWORK

Clause 11- Settlement

a. Given the site is close to an activity centre, bus services and is within an area Mitchell Shire Council has

identified as suitable for intensification, the development of the site for two dwellings is considered

consistent with the objectives expressed in this clause. In particular, there is a requirement that:

“Planning is to facilitate sustainable development that takes full advantage of existing settlement patterns,

and investment in transport and communication, water and sewerage and social facilities”

Clause 11.06 – Metropolitan Melbourne

b. This clause requires planning authorities to:

• Manage the supply of new housing in locations that will meet population growth and create a

sustainable city.

• Maintain a permanent urban growth boundary around Melbourne to create a more consolidated,

sustainable city. (Wallan falls within the UGB)

• Allow for a spectrum of minimal, incremental and high change residential areas that balance the need

to protect valued areas with the need to ensure choice and growth in housing.

• Facilitate diverse housing that offers choice and meets changing household needs through:

- provision of a greater mix of housing types.

c. The amended proposal to construct only two dwellings within Wallan, is consistent with this policy.

d. The clause also seeks to create more sustainable development (cl11.06-6) that addresses climate change,

water consumption, drainage and pollution. A core objective of the development is to be highly

sustainable which will further address this policy.

Clause 12 – Environmental and Landscape Values

e. The subject site is within an area of environmental significance which is the Wallan Creek. The

development accommodates this by being well set back from the water course and in not proposing any

form of development or solid fencing within the flood prone area.

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Clause 14.02-1S – Catchment Planning and Management

f. This clause seeks the management of stormwater systems through, in the case of the proposed

development, the installation of rainwater tanks.

Clause 15.01 – Built Environment

g. This clause is aimed at encouraging development that provides attractive, safe, functional and quality

urban environments. As part of this, planning seeks to encourage development that responds to its

context in terms of urban character, scale, form and appearance as well as natural features and

surrounding landscape and climate.

h. Development should achieve architectural and urban design outcomes that contribute positively to the

local urban character and the public realm while minimising amenity impacts on the neighbouring

properties.

Clause 15.02 – Sustainable Development

i. The proposed development will be highly sustainable.

j. The construction of two dwellings will contribute to urban consolidation which is a sustainable outcome.

Clause 16.01 – Residential Development

k. Planning seeks to increase the supply of appropriately designed dwellings which are environmentally

sustainable and which have good access to services.

l. Planning also seeks to provide a range of housing likely to address future demand.

m. Given the site’s location within an established urban area the development will achieve a key objective:

To deliver more affordable housing closer to jobs, transport and services. (cl16.01-5).

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STRATEGIC ASSESSMENT - LOCAL

MUNICIPAL STRATEGIC STATEMENT

a. Rather than address each and every component of the Municipal Strategic Statement, an assessment has

been undertaken that demonstrates the development complies with each policy, in particular:

• Clause 21.01 - This clause anticipates significant population growth in Wallan to cater for the younger

demographic.

• Clause 21.02 – Encouraging growth within the existing settlement of Wallan is a key Council directive.

This will build on the existing services provided to the urban area. In particular, the Council seeks to

encourage infill development on sites that are provided with services and have direct access to

Activity Centres such as Wallan.

• Clause 21.03 – This clause seeks to protect and restore natural systems such as the Wallan Creek at

the rear of the subject site. Restricting development in the last 20m of the site is consistent with this.

• Clause 21.04 - Identifies environmental risks such as flooding. Preventing development from

occurring in the flood prone area to the rear of the site, is consistent with that.

• Clause 21.06 - Built Environment and Heritage is critical to the assessment of the development and

seeks to ensure that proposals encompass a range of relevant matters including:

• Enhances the presentation of towns. (Complies – Replaces a vacant site with buildings)

• Enhance public safety. (Complies – The current site is a dark, empty site whilst the proposal will

result in passive surveillance of this area.)

• To minimise greenhouse gasses. (Complies – two highly sustainable dwellings built to exacting

building standards are proposed.)

b. Clause 21.07 – This clause will be addressed by providing detached medium density development in an

area identified as suitable for medium density housing in the Wallan Town Centre Masterplan.

c. Clause 21.11 – Wallan is identified as suitable for a wide range of lot and housing sizes Housing, is critical

to the assessment of the development as it seeks to ensure that proposals encompass a range of relevant

matters including:

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• ……………..

• To provide incremental opportunities for new residential development in incremental change areas and

incremental change activity centres. (Complies)

• To encourage a mix of housing. (Complies)

• To encourage housing affordability. (Complies)

• ………………..

• Enhance Creeks for recreational corridors (Complies – The rear portion of the property has not been

developed to allow flood waters and future integration with the Wallan Creek.

d. Most of the clause is however, aimed at future actions for Council to revitalise Wallan and not aimed at

private property.

Local Planning Policy

e. There are NO local polices of relevance.

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STATUTORY ASSESSMENT

Clause 52.06 Car Parking Assessment

a. Each dwelling will be provided with greater than the two car spaces required by cl52.06.

b. The dimensions of the garages will also address the requirements of cl52.06.

Clause 55 Assessment

c. The following table accords with the Department of Planning’s guidelines for the assessment of multi-

dwelling developments and addresses each area.

STANDARD ASSESSMENT

Neighbourhood

Character

Neighbourhood Character Objectives

To ensure that the design respects the existing neighbourhood character or contributes to a preferred neighbourhood character.

To ensure that development responds to the features of the site and the surrounding area.

B1 Complies –

• The existing character of Wellington St, is mixed with vacant lots and single and two storey buildings. Most buildings utilise a mix of brick and render and most have a landscaped front setback.

• There is no preferred character in the Planning Scheme, however, the Wallan Town Centre Masterplan calls for increased densities and medium density development to be considered with the potential for the corner of Wellington and unmade King St to have an “architecturally expressed” corner. The proposed two storey dwelling on the corner is considered to address this as the other dwellings directly adjacent to the site are single storey modest dwellings. A two storey building will address the Masterplan’s support for increased densities and a feature building on this corner.

• This approach is supported in 3.2.2 of the Wallan Town Centre Masterplan as it calls for two storey, articulated, medium density, detached or attached, residential development. The dwellings are to be located within a landscaped setting. It also calls for dwellings to integrate with the creek and the absence of high solid fences to the Creek. This is what is proposed with this development. The rear lounge room and entertainment areas will face towards the Creek and open wire fences are proposed along the Creek boundary.

• It is acknowledged that car parking will be to the front of the site however that is considered preferable than blocking off the rear interface to the Creek.

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Residential

Policy

Residential Policy Objectives

To ensure that residential development is provided in accordance with any policy for housing in the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.

To support medium densities in areas where development can take advantage of public transport and community infrastructure and services.

B2 Complies –

• The Council’s planning policies do not address medium density development, however, the site’s proximity to the Town Centre and the sites identification in the Wallan Town Centre Masterplan indicates the site is well suited to a medium density development.

Dwelling

Diversity

Dwelling Diversity Objective

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

B3 N/A –

Infrastructure Infrastructure Objectives

To ensure development is provided with appropriate utility services and infrastructure.

To ensure development does not unreasonably overload the capacity of utility services and infrastructure.

B4 Complies –

• The development of the site for two dwellings is held not to unreasonably overload the capacity of the utility systems.

Integration with

the street

Integration with The Street Objective

To integrate the layout of development with the street.

B5 Complies –

• As required, both dwellings will integrate with Wellington St and Dwelling 1 will partially integrate with the future King St through the provision of a dual access front porch, study window opening towards King St and a low fence for a portion of the sideage to the future King St.

Street Setback Street Setback Objective

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

B6 Complies –

• Standard B6 permits dwellings on a corner with no abutting dwellings to have a frontage of 4m to the main street and 2m to the side street. The proposal will have a minimum of 6.5m to Wellington St and 2m to the future King St. This will comply with the standard.

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Building Height Building Height Objective

To ensure that the height of buildings respects the existing or preferred neighbourhood character.

B7 Complies –

• The zone permits dwellings up to three storeys, whilst the Wallan Town Centre Masterplan calls for two to three storey development on the site. The proposed two storey development will therefore comply with the standard.

Site Coverage Site Coverage Objective

To ensure that the site coverage respects the existing or preferred neighbourhood character and responds to the features of the site.

B8 Complies –

• The site coverage will be well below the 60% permitted in the standard.

Permeability Permeability Objectives

To reduce the impact of increased stormwater run-off on the drainage system.

To facilitate on-site stormwater infiltration.

B9 Complies –

• The permeability of the development will be above the minimum 20% specified.

Energy

Efficiency

Energy Efficiency Objectives

To achieve and protect energy efficient dwellings and residential buildings.

To ensure the orientation and layout of development reduce fossil fuel energy use and make appropriate use of daylight and solar energy.

B10 Complies –

• The energy efficiency of the abutting dwellings will not be affected.

• The energy efficiency of the proposed development will address relevant building standards and will provide living rooms with north facing windows.

Communal Open

Space

Open Space Objective

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

B11 N/A –

• The site does not abut any private open space.

• It currently abuts what is proposed to become King Street, This space is a road reserve. And not public open space.

• The site abuts the Wallan Creek to the rear. It is acknowledged that the intent of Council is to see a reserve along the Creek and to

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maximise its use. The proposal will ensure the development stops 20m from the top of the bank of the Wallan Creek as required by Melbourne Water.

• The design of the dwellings, with large living rooms and rear alfresco areas to the rear of each dwelling will ensure the development integrates with any future are of public open space along the Wallan Creek.

Safety Safety Objective

To ensure the layout of development provides for the safety and security of residents and property.

B12 Complies –

• The entrances will be obvious and will provide for the safety and security of residents.

Landscaping Landscaping Objectives

To encourage development that respects the landscape character of the neighbourhood.

To encourage development that maintains and enhances habitat for plants and animals in locations of habitat importance.

To provide appropriate landscaping.

To encourage the retention of mature vegetation on the site.

B13 Complies –

• The development will provide a landscape plan that addresses the sites constraints and opportunities.

Access Access Objectives

To ensure the number and design of vehicle crossovers respects the neighbourhood character.

B14 Complies –

• The two crossings onto Wellington St (and the closure of the existing

crossing directly on the corner of Wellington and the future King St) is

considered to address the objectives of this clause. The 25% of

frontage that the crossings will occupy will be less than the 33%

identified in the standard.

Parking location Parking Location Objectives

To provide convenient parking for resident and visitor vehicles.

To protect residents from vehicular noise within developments.

B15 Complies –

• The double garages will provide convenient parking for residents.

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Side and rear

setbacks

Side and Rear Setbacks Objective

To ensure that the height and setback of a building from a boundary respects the existing or preferred neighbourhood character and limits the impact on the amenity of existing dwellings.

B17 Complies –

• The setbacks provided will address the B17 requirements.

• The rear setbacks will easily address those specified in the clause given the large setback needed to address the Melbourne Water requirements.

Walls on

Boundaries

Walls on Boundary Objectives

To ensure that the location, length and height of a wall on a boundary respects the existing or preferred neighbourhood character and limits the impact on the amenity of existing dwellings.

B18 Complies –

• The 6.25m garage wall of Dwelling 2 will be built on the boundary. No other walls will be built on the boundary.

Daylight to

existing windows

Daylight to Existing Windows Objective

To allow adequate daylight into existing habitable room windows.

B19 N/A –

• No abutting dwellings.

North facing

windows

North Facing Windows Objective

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

B20 N/A -

• No abutting dwellings.

Overshadowing

open space

Overshadowing Open Space Objective

To ensure buildings do not significantly overshadow existing secluded private open space

B21 N/A –

• No abutting dwellings.

Overlooking Overlooking Objective

To limit views into existing secluded private open space and habitable room windows

B22 N/A -

• No abutting dwellings.

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Internal views Internal Views Objective

To limit views into the secluded private open space and habitable room windows of dwellings and residential buildings within a development

B23 Complies –

• The proposed design will prevent overlooking into SPOS as no windows (other than obscure ensuite windows) are proposed to face east (towards the rear of the site) on the first floor.

Noise impacts Noise Impacts Objectives

To contain noise sources in developments that may affect existing dwellings.

To protect residents from external noise

B24 Complies –

• There are no known noise sources.

Accessibility Accessibility Objective

To encourage the consideration of the needs of people with limited mobility in the design of development

B25 Complies–

• People with limited mobility will be well catered for by:

1. the ground floor being easily accessible from Wellington St

2. locating the master bedroom on the ground floor

3. locating the living areas AND alfresco areas on the one level

Dwelling Entry Dwelling Entry Objective

To provide each dwelling or residential building with its own sense of identity

B26 Complies –

• Each dwelling will be highly accessible and easily identifiable from Wellington St.

• The entries to each dwelling will provide shelter, a clear sense of address and a transitional space.

Daylight to New

Windows

Daylight to New Windows Objective

To allow adequate daylight into new habitable room windows.

B27 Complies –

• All habitable room windows will face an outdoor space clear to the sky with more than the minimum 3m2 and 1m width specified.

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Private Space

Open

Private Open Space Objective

To provide adequate private open space for the reasonable recreation and service needs of residents.

B28 Complies –

• The Schedule to the Zone does not differ from the requirements of this clause.

• Each dwelling will be provided with POS/SPOS in excess of the 40m2 (with 25m2 of SPOS). Privacy to the rear will be achieved via a hedge 20m from the rear boundary.

Solar access to

open space

Solar Access to Open Space Objective

To allow solar access into the secluded private open space of new dwellings

and residential buildings

B29 Complies –

• The private open space of each dwelling will enjoy solar access.

Storage Storage Objective

To provide adequate storage facilities for each dwelling

B30 Complies -

• Each dwelling will continue to have more than 6m3 of storage provided in an external shed located, in the rear garden.

Design detail Design Detail Objective

To encourage design detail that respects the existing or preferred

neighbourhood character

B31 Complies –

• Whilst there is no preferred character within the local policies and the abutting sites are vacant or single storey, the Wallan Town Centre Masterplan calls for a two storey, articulated medium density development in this location. The proposed development will address these specifications.

Front Fences Front Fences Objective

To encourage front fence design that respects the existing or preferred

neighbourhood character.

B32 Complies –

• No front fence is proposed.

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Common

Property

Common Property Objectives

To ensure that communal open space, car parking, access areas and site

facilities are practical, attractive and easily maintained.

To avoid future management difficulties in areas of common ownership.

B33 Complies –

• No common area is proposed.

Site Services Site Services Objectives

To ensure that site services can be installed and easily maintained.

To ensure that site facilities are accessible, adequate and attractive.

B34 Complies –

• Services will be provided to the site.

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OTHER PLANNING MATTERS

Clause 65 - Decision Guidelines a. This application will address the key issues specified under clause 65.

b. Before deciding on this application, the Mitchell Shire Council must consider, as appropriate:

• The matters set out in Section 60 of the Act.

o the relevant planning scheme; and

a. This report indicates how the repeat application addresses the relevant matters specified in the Mitchell Planning Scheme.

o the objectives of planning in Victoria; and

a. This amended application is considered to provide for the fair, orderly, economic and sustainable use, and development of land.

b. The development will provide a pleasant, efficient and safe living environment for future residents and visitors.

c. The rear of the subject site warrants conservation so has been left undeveloped to reflect the sites position abutting the Wallan Creek.

d. Finally, the development will continue to balance the present and future interests of residents by providing a limited increase in housing in an area well suited to accommodating a small medium density form of development, as identified in the Mitchell Planning Scheme.

o any significant effects which the responsible authority considers the use or development may have on the environment or which the responsible authority considers the environment may have on the use or development;

a. The proposed development will have a positive impact on the environment by providing two highly efficient, water sensitive dwellings, designed to address current environmental requirements. These dwellings will reduce the demand for additional housing and will make better use of the existing infrastructure.

o any significant social effects and economic effects which the responsible authority considers the use or development may have.

a. The proposed development will have a positive economic and social impact as a result of constructing a medium density development in a location that can capitalise on its location within an established residential area adjacent to an Activity Centre. The site is well located to a wide range of other services that can support this form of development such as a range including nearby employment and educational institutions.

b. The development will not have any negative social effect given the abutting vacant land.

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

a. The policy frameworks have been considered in depth previously.

• The purpose of the zone, overlay or other provision.

a. The purpose of the zone and other provisions have been considered previously. This will be a development that will respect the emerging neighbourhood character of the area along Wellington St.

b. The development will provide a diversity of housing types and incremental housing growth in a location offering access to services and transport.

• Any matter required to be considered in the zone, overlay or other provision.

a. The matters specified in the zone and other provisions have been addressed.

• The orderly planning of the area.

a. The orderly planning of the subject site directs that the site is well suited to medium density residential development in a two dwelling form rather than higher scale, more intensive development, particularly give the restriction on developing the rear of the site due to the Wallan Creek floodplain.

• The effect on the amenity of the area.

a. The amenity of the area has been carefully considered in this proposal. The nature of this site ensures that the amenity of the area will be enhanced by the presence of additional dwellings facing Wellington St. The development will not create any overshadowing or overlooking and will result in an environmentally friendly, medium density residential development that will have no amenity issues.

• The proximity of the land to any public land.

a. The subject site does not abut any public land (other than the King St road reserve)

• Factors likely to cause or contribute to land degradation, salinity or reduce water quality.

a. Ensuring no development in the last 20m of the site will address the potential for land degradation.

• Whether the proposed development is designed to maintain or improve the quality of stormwater within and exiting the site.

a. The proposed development will maintain the quality of stormwater on the site given the very large area reserved form all forms of development at the rear of the site.

• The extent and character of native vegetation and the likelihood of its destruction.

a. N/A – No native vegetation exists on the site.

• Whether native vegetation is to be or can be protected, planted or allowed to regenerate.

a. The rear area of the site can be revegetated, however, that is for Council and Melbourne Water to consider. This can form part of the planning permit conditions.

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• The degree of flood, erosion or fire hazard associated with the location of the land and the use, development or management of the land so as to minimise any such hazard.

a. The site is flood prone, which has meant the rear 20m of the site will not be developed and will have open wire fences and no landscaping to allow the transmission of flood water.

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DISCUSSION

Strategic context for the development

a. The Mitchell Shire Council’s MSS identifies that household sizes are changing in a manner which is generally consistent with metropolitan wide change where there is good access to Activity Centres. Mitchell acknowledges that it needs to be proactive in addressing this and has prepared the Wallan Town Centre Masterplan to which this proposal has addressed. That document has identified the sites location within an area that is suited to medium density development.

b. The Scheme addresses a need to maximise the use of existing infrastructure, to achieve a balance between the pursuit of urban consolidation objectives and the recognition of the neighbourhood character of residential areas in Mitchell. This application continues to address the balance between addressing the existing character whilst accepting the limitation on the number of new dwellings permitted given the site’s location within a flood plain.

CONCLUSION

a. The small scale of the proposed amended development will continue to cater to the residential needs of future residents whilst adopting a design tailored to address the design criteria specified in the Wallan Town Centre Masterplan. This, in combination with meeting the requirements of Clause 55 of the Planning Scheme and addressing WSUD, addresses Council objectives for development in the area and will ensure each dwelling provides an attractive living environment for future residents.

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