Ordinary Council Meeting 160329 · 1.5 DISCLOSURESOFINTEREST...

MINUTES

ORDINARY COUNCIL MEETING

TUESDAY, 29 MARCH 2016Commencing at 7:00 PM

COUNCIL CHAMBERS225 Lonsdale Street, Dandenong VIC 3175

TABLE OF CONTENTS

PAGE NOSUBJECTITEM

1 MEETING OPENING ...................................................................................... 22618

1.1 ATTENDANCE ........................................................................................................... 22618

1.2 OFFERING OF PRAYER ........................................................................................... 22618

1.3 CONFIRMATION OF MINUTES OF PREVIOUS MEETING ...................................... 22618

1.4 ASSEMBLIES OF COUNCIL ..................................................................................... 22619

1.5 DISCLOSURES OF INTEREST ................................................................................. 22621

2 OFFICERS' REPORTS .................................................................................. 22622

2.1 DOCUMENTS FOR SEALING ................................................................................... 22622

2.1.1 Documents for Sealing ................................................................................. 22622

2.2 DOCUMENTS FOR TABLING ................................................................................... 22624

2.2.1 Receipt of Petitions and Joint Letters ........................................................... 22624

2.3 STATUTORY PLANNING APPLICATIONS ............................................................... 22625

2.3.1 Planning Decisions Issued by Planning Minister's Delegate - February 2016....................................................................................................................... 22625

2.3.2 Planning Delegated Decisions Issued - February 2016 ............................... 22626

2.3.3 Application to Amend Planning Permit – No. 29 Bruce Street, Dandenong(Planning Application No. PLN09/0778.01) .................................................. 22642

2.3.4 Town Planning Application – No. 57-59 Stud Road, Dandenong (PlanningApplication No. PLN15/0223) ....................................................................... 22680

2.3.5 Town Planning Application - No. 808-814 Heatherton Road, Springvale South(Planning Application No. PLN15/0343) ....................................................... 22729

2.3.6 Town Planning Application - No. 48-146 Hanna Street, Noble Park (PlanningApplication No. PLN15/0459) ....................................................................... 22769

City of Greater Dandenong

TUESDAY, 29 MARCH 2016ORDINARY COUNCIL MEETING MINUTES

2.3.7 Town Planning Application - No. 38 David Street, Noble Park (PlanningApplication No. PLN15/0363) ....................................................................... 22930

2.3.8 Town Planning Application - No. 31 Orlando Crescent, Keysborough (PlanningApplication No. PLN15/0597) ....................................................................... 22982

2.4 POLICY AND STRATEGY ......................................................................................... 23040

2.4.1 Planning Scheme Amendment C190 - Former Keysborough Primary Schooland Keysborough Secondary College (Coomoora Campus) School Sites -Adoption ....................................................................................................... 23040

2.5 OTHER ....................................................................................................................... 23054

2.5.1 Clow Street Former Civic Centre and 18 Stuart Street, Dandenong ............ 23054

2.5.2 Community Response Grants Program Applications 29 March 2016 Batch....................................................................................................................... 23062

2.5.3 Metro 3175 Project – Lot 123, 25-31 Allan Street, Dandenong .................... 23072

2.5.4 Land Swap Proposal, 134 Hanna Street, Noble Park .................................. 23079

2.5.5 Report on Matters Discussed at Councillor Briefing Sessions - 7 March 2016....................................................................................................................... 23083

2.5.6 List of Registered Correspondence to Mayor and Councillors ..................... 23086

3 NOTICES OF MOTION .................................................................................. 23089

3.1 Notice of Motion No. 88 - Panel Hearing - C182 Planning Scheme Amendment..................................................................................................................................... 23089

3.2 Notice of Motion No. 89 - Senior Citizens Clubs and Community Buses ........... 23091

4 REPORTS FROM COUNCILLORS/DELEGATES AND COUNCILLORS'QUESTIONS .................................................................................................. 23092

5 QUESTION TIME - PUBLIC ........................................................................... 23112

6 URGENT BUSINESS ..................................................................................... 23113



1 MEETING OPENING

1.1 ATTENDANCE

Apologies

Cr Youhorn CheaCr John KellyPaul Kearsley, Group Manager, Greater Dandenong Business

Councillors Present

Cr Heang Tak (Chairperson)Cr Roz Blades AM, Cr Peter Brown, Cr Matthew Kirwan, Cr Angela Long, Cr Jim Memeti, Cr SeanO'Reilly, Cr Maria Sampey, Cr Loi Truong

Officers Present

John Bennie PSM, Chief Executive Officer; Jody Bosman, Director City Planning, Design and Amenity;Mark Doubleday, Director Community Services; Mick Jaensch, Director Corporate Services; KevinVan Boxtel, Acting Group Manager Greater Dandenong Business; Julie Reid, Director EngineeringServices

1.2 OFFERING OF PRAYER

All present remained standing as Ms Neelika Kottachchi from the Sri Sathya Sai Organisation, amember of the Greater Dandenong Interfaith Network, read the opening prayer:

"O Mother, I pray to thee, to illumine my intellect and dispel my ignorance just as the splendrousSunlight dispels all darkness. I pray to thee to make my intellect serene, bright and enlightened."

1.3 CONFIRMATION OF MINUTES OF PREVIOUS MEETING

Ordinary Meeting of Council held 15 March 2016.

Recommendation

That the minutes of the Ordinary Meeting of Council held 15 March 2016 be confirmed.

Page 22618



MINUTE 1283

Moved by: Cr Roz Blades AMSeconded by: Cr Sean O'Reilly

That the minutes of the Ordinary Meeting of Council held 15 March 2016 be confirmed.

CARRIED

1.4 ASSEMBLIES OF COUNCIL

The following assemblies of Council occurred in the period 10 March to 23 March 2016:

Topics Discussed & Disclosures of Conflict ofInterest

CouncillorsAttending

MeetingType

Date

- Councillors were provided with an updateregarding works scheduled at Dandenong Park overthe next six months.- Proposed resourcing changes at Springvale PoliceStation.- Proposed “Smart Manufacturing” Event to be heldon 17 May 2016.- Options for level crossings along theDandenong-Cranbourne line at either Abbotts Roador Remington Drive.- Dandenong Market’s World Food Fare event overthe weekend attracted an estimated 35,000attendees.- Springvale Community Precinct project –discussions regarding timing of next workshops andCouncillor sessions.- Agenda items for Council meeting of 15 March2016.

Roz Blades, PeterBrown, YouhornChea, John Kelly,Matthew Kirwan,Angela Long, JimMemeti, SeanO’Reilly, MariaSampey, Heang Tak,Loi Truong

CouncillorBriefingSession

15/03/16

Page 22619



- Councillors were advised of the proposed changesto the Council Plan after its review.- Representatives from the Melbourne PlanningAuthority presented information about the MonashEmployment Cluster.- Cr Blades accepted a certificate of appreciationon behalf of the Noble Park Community ActionForum presented by the Mayor.- A draft communication plan and design competitionbrief was presented to Councillors for the SpringvaleCommunity Precinct Project Stage 2.- Options for responding to illegally dumped hardwaste were presented to Councillors.- Funding grants (sport and recreation) recentlyannounced and received from the State and FederalGovernments.- Further grade separation forums occurring inGreater Dandenong over the next two weeks.- Council’s Community Grants Funding program.- Agenda items for the Council meeting of 29 March2016.

Roz Blades, PeterBrown, YouhornChea, John Kelly,Matthew Kirwan,Angela Long, JimMemeti, SeanO’Reilly, MariaSampey, Heang Tak,Loi Truong

CouncillorBriefingSession

21/03/16

Recommendation

That the assemblies of Council listed above be noted.

MINUTE 1284

Moved by: Cr Loi TruongSeconded by: Cr Roz Blades AM

That the assemblies of Council listed above be noted.

CARRIED

Page 22620



1.5 DISCLOSURES OF INTEREST

Cr Jim Memeti disclosed a Conflict of Interest (Indirect interest due to close association) in Item No.2.3.4 Town Planning Application - No. 57-59 Stud Road, Dandenong (Planning Application No.PLN15/0223) as Ammache Architects are currently doing work for him. Cr JimMemeti left the Chamberprior to discussion and voting on this item.

Cr Matthew Kirwan disclosed a Conflict of Interest (Indirect interest due as consequence of becomingan interested party) in Item No. 2.3.6 Town Planning Application - No. 48-146 Hanna Street, NoblePark (Planning Application No. PLN15/0459) as his wife was an objector to the Town Planning permitapplication and Cr Kirwan lives close to the development. Cr Matthew Kirwan left the Chamber priorto discussion and voting on this item.

Cr Roz Blades AM disclosed a Conflict of Interest (Indirect interest due to close association) in ItemNo. 2.3.7 Town Planning Application - No. 38 David Street, Noble Park (Planning Application No.PLN15/0597) as her friend is an objector to the Town Planning application. Cr Roz Blades AM leftthe Chamber prior to discussion and voting on this item.

Cr Matthew Kirwan disclosed a Conflict of Interest (Indirect interest due as consequence of becomingan interested party) in Item No. 2.5.4 Land Swap Proposal, 134 Hanna Street, Noble Park as his wifewas a submitter of an objection to the Land Swap Proposal. Cr Matthew Kirwan left the Chamberprior to discussion and voting on this item.

Page 22621



2 OFFICERS' REPORTS

2.1 DOCUMENTS FOR SEALING

2.1.1 Documents for Sealing

A2683601File Id:

Director Corporate ServicesResponsible Officer:

Report Summary

Under the Victorian Local Government Act, each Council is a body corporate and a legal entity in itsown right. Each Council must therefore have a common seal (like any corporate entity) that is anofficial sanction of that Council.

Sealing a document makes it an official document of Council as a corporate body. Documents thatrequire sealing include agreements, contracts, leases or any other contractual or legally bindingdocument that binds Council to another party.

Recommendation Summary

This report recommends that the listed documents be signed and sealed.

Page 22622



Item Summary

There are two [2] items being presented to Council’s meeting of 29 March 2016 for signing and sealingas follows:

A Section 173 Agreement of the Planning and Environment Act 1987 between the GreaterDandenong City Council and Macpherson Kelley Solicitors to allow subdivision of the landto be done prior to completion of development pursuant to a condition on PLN15/0007 fora property in Princess Avenue, Springvale; and

1.

A Section 173 Agreement of the Planning and Environment Act 1987 between the GreaterDandenong City Council and Usamedin Mamudov and Medie Mammudova to allow anadditional crossover for a property in Renfree Street, Dandenong.

2.

Recommendation

That the listed documents be signed and sealed.

MINUTE 1285

Moved by: Cr Roz Blades AMSeconded by: Cr Loi Truong

That the listed documents be signed and sealed.

CARRIED

Page 22623



2.1.1 Documents for Sealing (Cont.)

2.2 DOCUMENTS FOR TABLING

2.2.1 Receipt of Petitions and Joint Letters

Council received no petitions and no joint letters prior to the Council meeting on 29 March 2016.

Page 22624



2.3 STATUTORY PLANNING APPLICATIONS

2.3.1 Planning Decisions Issued by Planning Minister's Delegate - February 2016

qA280444File Id:

Director City Planning, Design and AmenityResponsible Officer:

Report Summary

This report provides Council with an update on the exercise of delegation by Planning Minister'sdelegate.

No decisions were reported for the month of February 2016.

Recommendation

That the report be noted.

MINUTE 1286

Moved by: Cr Sean O'ReillySeconded by: Cr Angela Long

That the report be noted.

CARRIED

Page 22625



2.3.2 Planning Delegated Decisions Issued - February 2016

qA280File Id:


Planning Delegated Decisions Issued February2016

Attachments:

Report Summary

This report provides Council with an update on the exercise of delegation by Council officers.

It provides a listing of Town Planning applications that were either decided or closed under delegationor withdrawn by applicants in February 2016.

It should be noted that where permits and notices of decision to grant permits have been issued,these applications have been assessed as being generally consistent with the Planning Scheme andCouncil’s policies.

Application numbers with a PLN#.01 or similar, are applications making amendments to previouslyapproved planning permits.

The annotation ‘SPEAR’ (Streamlined Planning through Electronic Applications and Referrals) identifieswhere an application has been submitted electronically. SPEAR allows users to process planningpermits and subdivision applications online.

Recommendation

That the items be received and noted.

MINUTE 1287

Moved by: Cr Sean O'ReillySeconded by: Cr Jim Memeti

That the items be received and noted.

CARRIED

Page 22626



If the details of the attachment are unclear please contact Governance on 8571 5235.

STATUTORY PLANNING APPLICATIONS

PLANNING DELEGATED DECISIONS ISSUED – FEBRUARY 2016

ATTACHMENT 1

PLANNING DELEGATED DECISIONS ISSUED FEBRUARY 2016

PAGES 15 (including cover)

Page 22627



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rp

AM

EN

DM

EN

T T

O:

M

ixe

d U

se

Develo

pm

ent (3

Sto

rey)

Offic

es D

EC

LA

RE

D A

RE

A

De

leg

ate

A

men

dP

erm

R

ed

Gum

4

1 P

rinces H

igh

wa

y

DA

ND

EN

ON

G V

IC 3

175

Am

en

d P

lan

nin

g P

erm

it t

o

ch

an

ge

Fin

ish

ed

Flo

or

Le

ve

ls t

o a

cco

mm

od

ate

str

uctu

ral e

lem

en

ts a

nd

se

rvic

es;

low

er

en

try le

ve

l to

sta

ir a

nd

lift

acce

ss;

turn

ro

of

into

a f

ully

acce

ssib

le r

oo

f te

rra

ce

an

d r

ep

lace

th

e

dia

mo

nd

sh

ap

ed

fa

ca

de

with

a

cu

rta

in w

all

syste

m.

02

/02

/20

16

No

PL

N1

4/0

17

9.0

1

SG

K C

era

mic

s &

Sto

ne P

ty L

td

AM

EN

DM

EN

T T

O:

M

ulti U

nit D

eve

lopm

ent

x 5

(Do

ub

le S

tore

y)

De

leg

ate

A

men

dP

erm

L

igh

two

od

10

Ste

ph

enso

n S

tree

t

SP

RIN

GV

ALE

VIC

31

71

Inte

rna

l ch

an

ge

s t

o a

ll d

we

llin

gs r

eq

uir

ed

in

clu

din

g

relo

ca

tio

n o

f site

se

rvic

es;

red

uce

siz

e o

f ca

rpo

rt a

nd

b

ed

roo

m 3

of

dw

elli

ng

5 t

o

avo

id b

uild

ing

ove

r S

ou

th

Ea

st

Wa

ter

se

we

r p

it;

red

uce

siz

e o

f w

ind

ow

s a

lon

g

we

ste

rn b

ou

nd

ary

an

d s

tair

ca

se

win

do

ws t

o D

we

llin

gs

1,

2,

3 &

4 t

o h

ave

fu

ll o

bscu

re g

lazin

g.

09

/02

/20

16

No

PL

N1

4/0

19

0.0

1

AN

C P

lan

nin

g

AM

EN

DM

EN

T T

O:

C

ha

ng

e o

f U

se (

Mate

rials

Recyclin

g)

an

d a

Red

uctio

n in

Car

Pa

rkin

g

Re

qu

irem

en

t

De

leg

ate

A

men

dP

erm

L

igh

two

od

16

50 C

entr

e R

oa

d

SP

RIN

GV

ALE

VIC

31

71

Am

en

d C

on

ditio

n 1

.1 t

o

rep

lace

'6 c

ar

pa

rkin

g s

pa

ce

s

ad

jace

nt

to C

en

tre

Ro

ad

' w

ith

'4 c

ar

pa

rkin

g s

pa

ce

s'.

08

/02

/20

16

No

PL

N1

4/0

35

9

An

na T

eh

Mu

lti D

we

llin

g D

eve

lopm

ent

x 3

(Do

ub

le S

tore

y)

Ne

w

De

leg

ate

N

OD

P

ap

erb

ark

2

08

Railw

ay P

ara

de

NO

BL

E P

AR

K V

IC 3

174

Ge

ne

ral R

esid

en

tia

l Z

on

e 1

; 6

31

sq

m.

17

/02

/20

16

No

PL

N1

4/0

45

6

Ho

mete

c I

nd

ustr

ies P

ty L

td

Mu

lti D

we

llin

g D

eve

lopm

ent

x 1

2

(Th

ree S

tore

y)

Ne

w w

ith

B

ase

me

nt

Ca

r P

ark

ing

De

leg

ate

P

lan

Perm

it

Pa

pe

rba

rk

1/2

1 J

oy P

ara

de

NO

BL

E P

AR

K V

IC 3

174

Re

sid

en

tia

l G

row

th Z

on

e 1

; 8

50

sq

m.

26

/02

/20

16

No

3

SR

ICH

A

2/0

3/2

01

6

Page 22630




Ap

pID

P

rop

ert

y A

dd

res

s

De

sc

rip

tio

n

Au

tho

rity

D

ec

isio

n

Ward

N

OT

ES

A

pp

lic

an

t D

ate

V

icS

mart

PL

N1

4/0

46

4

KL

M S

patia

l C

ha

ng

e o

f U

se (

Mate

rials

Recyclin

g)

& M

oto

r V

eh

icle

Sa

les a

sso

cia

ted

Bu

ildin

gs a

nd

Work

s a

nd

Red

uctio

n

in C

ar

Park

ing

De

leg

ate

R

efu

sa

l R

ed

Gum

1-7

Gra

nito C

ou

rt

DA

ND

EN

ON

G S

OU

TH

VIC

31

75

Pro

po

se

d u

se

is in

co

nsis

ten

t w

ith

Cla

use

33

.02

(In

du

str

ial

2 Z

on

e);

pro

po

se

d p

ort

ab

le

off

ice

bu

ildin

g a

nd

sh

ipp

ing

co

nta

ine

rs a

re in

co

nsis

ten

t w

ith

exis

tin

g s

tre

ets

ca

pe

ch

ara

cte

r (C

lau

se

15

.01

)

an

d t

he

pro

po

se

d o

utd

oo

r sto

rag

e a

rea

wo

uld

re

su

lt in

a

dve

rse

vis

ua

l d

etr

ime

nt

to

str

ee

tsca

pe

(C

lau

se

22

.03

).

02

/02

/20

16

No

PL

N1

4/0

68

3

JA

G B

uild

ing

Desig

n C

on

su

lta

nts

M

ulti D

we

llin

g D

eve

lopm

ent

x 3

(Do

ub

le S

tore

y)

Ne

w

De

leg

ate

P

lan

Perm

it

Re

dG

um

1

4 W

eb

ste

r S

tree

t

DA

ND

EN

ON

G V

IC 3

175

Ge

ne

ral R

esid

en

tia

l Z

on

e 1

, 6

38

sq

m.

1

6/0

2/2

01

6

No

PL

N1

4/0

76

8

Pro

pe

rty S

tart

Pla

ns &

Pe

rmits

Mu

lti D

we

llin

g D

eve

lopm

ent

x 2

(1

Do

ub

le S

tore

y;

1 S

ing

le S

tore

y)

Ne

w

De

leg

ate

N

OD

R

ed

Gum

1

3 A

vril S

tre

et

D

AN

DE

NO

NG

NO

RT

H V

IC 3

17

5

Ge

ne

ral R

esid

en

tia

l Z

on

e 1

, 6

24

sq

m.

26

/02

/20

16

No

PL

N1

5/0

03

6.0

1

Sa

nd

eep

Ka

poo

r A

ME

ND

ME

NT

TO

:

Mu

lti D

we

llin

g D

eve

lopm

ent

x 2

(1

Sin

gle

Sto

rey)

Ne

w;

(1 S

ing

le S

tore

y)

Exis

tin

g

De

leg

ate

A

men

dP

erm

R

ed

Gum

3

Six

th A

ve

nue

DA

ND

EN

ON

G V

IC 3

175

Pe

rmit c

on

ditio

ns t

o b

e

am

en

de

d t

o a

llow

re

loca

tio

n

of

the

we

ste

rn b

ou

nd

ary

wa

ll re

su

ltin

g in

ch

an

ge

s t

o

ove

rall

de

sig

n a

nd

in

tern

al

layo

ut.

29

/02

/20

16

No

PL

N1

5/0

08

0

Adva

nce

d W

are

ho

use S

olu

tio

ns

Bu

ildin

gs a

nd

Work

s (

Me

zza

nin

e

Flo

or)

; S

ign

age

an

d a

Re

ductio

n o

f th

e C

ar

Pa

rkin

g R

eq

uirem

ent

De

leg

ate

P

lan

Perm

it

Re

dG

um

2

56

Fra

nksto

n D

and

en

on

g R

oa

d

DA

ND

EN

ON

G S

OU

TH

VIC

31

75

Ind

ustr

ial 1

Zo

ne

; 1

41

sq

m

me

zza

nin

e f

loo

r; e

rectio

n o

f b

usin

ess id

en

tifica

tio

n

sig

na

ge

an

d w

aiv

er

of

2 c

ar

pa

rkin

g s

pa

ce

s.

08

/02

/20

16

No

PL

N1

5/0

08

4

Re

sid

en

tia

l S

pace

Mu

lti D

we

llin

g D

eve

lopm

ent

x 3

(D

ou

ble

Sto

rey)

Ne

w

De

leg

ate

N

OD

L

igh

two

od

2 O

ak G

rove

SP

RIN

GV

ALE

VIC

31

71

Re

sid

en

tia

l G

row

th Z

on

e 1

; 7

93

sq

m.

26

/02

/20

16

No

PL

N1

5/0

14

7

Da

nd

en

on

g D

raftin

g

Mu

lti D

we

llin

g D

eve

lopm

ent

x 2

(Do

ub

le S

tore

y)

Ne

w

De

leg

ate

P

lan

Perm

it

Silv

erle

af

10

Sn

ow

y S

tre

et

D

AN

DE

NO

NG

NO

RT

H V

IC 3

17

5

Ne

igh

bo

urh

oo

d R

esid

en

tia

l Z

on

e 1

; 7

27

sq

m.

26

/02

/20

16

No

4

SR

ICH

A

2/0

3/2

01

6

Page 22631




Ap

pID

P

rop

ert

y A

dd

res

s

De

sc

rip

tio

n

Au

tho

rity

D

ec

isio

n

Ward

N

OT

ES

A

pp

lic

an

t D

ate

V

icS

mart

PL

N1

5/0

17

3

Mu

dh

er

Arc

hitects

M

ulti D

we

llin

g D

eve

lopm

ent

x 4

(D

ou

ble

Sto

rey)

and R

em

ova

l o

f

Ve

geta

tio

n

De

leg

ate

P

lan

Perm

it

Re

dG

um

2

0 B

urr

ow

s A

ve

nue

D

AN

DE

NO

NG

VIC

31

75

Re

sid

en

tia

l G

row

th Z

on

e 1

, 9

98

sq

m.

25

/02

/20

16

No

PL

N1

5/0

21

8

Mu

dh

er

Arc

hitects

M

ulti D

we

llin

g D

eve

lopm

ent

x 4

(D

ou

ble

Sto

rey)

Ne

w

De

leg

ate

P

lan

Perm

it

Re

dG

um

1

09

An

n S

tre

et

DA

ND

EN

ON

G V

IC 3

175

Re

sid

en

tia

l G

row

th Z

on

e 1

, 9

98

sq

m.

25

/02

/20

16

No

PL

N1

5/0

22

9

Ro

bu

s G

rou

p

Mu

lti D

we

llin

g D

eve

lopm

ent

x 5

(Do

ub

le S

tore

y)

Ne

w

De

leg

ate

N

OD

R

ed

Gum

4

7 H

em

min

gs S

tree

t D

AN

DE

NO

NG

VIC

31

75

Re

sid

en

tia

l G

row

th Z

on

e 1

; 8

47

sq

m.

17

/02

/20

16

No

PL

N1

5/0

25

7

Urb

an

tech

Pro

ject

Con

su

lta

nts

M

ulti D

we

llin

g D

eve

lopm

ent

x 1

7

Ap

art

me

nts

(3 S

tore

y B

uild

ing

)

De

leg

ate

R

efu

sa

l R

ed

Gum

5

Wilm

a A

ve

nu

e

DA

ND

EN

ON

G V

IC 3

175

Pro

po

sa

l fa

ils t

o m

ee

t S

tate

a

nd

Lo

ca

l P

lan

nin

g P

olic

y;

in

pa

rtic

ula

r th

e p

rop

osa

l fa

ils

to im

pro

ve

ho

usin

g c

ho

ice

a

nd

fa

ils t

o m

ee

t d

esig

n

gu

ide

line

s w

ith

re

sp

ect

to

use

ab

le p

riva

te o

pe

n s

pa

ce

, la

nd

sca

pin

g,

se

tba

cks a

nd

d

we

llin

g d

ive

rsity.

04

/02

/20

16

No

PL

N1

5/0

28

1

Og

ee A

rch

itects

Pty

Ltd

M

ulti D

we

llin

g D

eve

lopm

ent

x 5

(Sin

gle

Sto

rey)

Ne

w

De

leg

ate

P

lan

Perm

it

Re

dG

um

1

0 L

exto

n A

ven

ue

DA

ND

EN

ON

G V

IC 3

175

Ge

ne

ral R

esid

en

tia

l Z

on

e 1

; 6

03

sq

m.

26

/02

/20

16

No

PL

N1

5/0

31

1

Mo

du

larc

M

ulti D

we

llin

g D

eve

lopm

ent

x 2

(1 N

ew

; 1

Exis

tin

g)

Sin

gle

Sto

rey

De

leg

ate

P

lan

Perm

it

Pa

pe

rba

rk

10

69 H

eath

ert

on R

oad

N

OB

LE

PA

RK

VIC

31

74

Ge

ne

ral R

esid

en

tia

l Z

on

e 1

; 6

37

sq

m.

17

/02

/20

16

No

PL

N1

5/0

37

6

JP

S A

uto

mo

tive

Bu

ildin

gs a

nd

Work

s (

Me

zza

nin

e)

an

d R

ed

uctio

n in C

ar

Pa

rkin

g

De

leg

ate

P

lan

Perm

it

Re

dG

um

4

Lu

isa A

ven

ue

DA

ND

EN

ON

G S

OU

TH

VIC

31

75

Ind

ustr

ial 1

Zo

ne

; 1

94

sq

m

me

zza

nin

e f

loo

r a

nd

wa

ive

r o

f 5

ca

r p

ark

ing

sp

ace

s.

08

/02

/20

16

No

PL

N1

5/0

37

8

Qu

alit

y F

irst

Desig

ns P

ty L

td

Use

an

d D

eve

lop

me

nt

(Ware

ho

use)

De

leg

ate

P

lan

Perm

it

Re

dG

um

8

2 S

me

ato

n A

ve

nue

D

AN

DE

NO

NG

SO

UT

H V

IC 3

175

Ind

ustr

ial 3

Zo

ne

an

d

Ind

ustr

ial 1

Zo

ne

, 2

14

6sq

m.

18

/02

/20

16

No

5

SR

ICH

A

2/0

3/2

01

6

Page 22632




Ap

pID

P

rop

ert

y A

dd

res

s

De

sc

rip

tio

n

Au

tho

rity

D

ec

isio

n

Ward

N

OT

ES

A

pp

lic

an

t D

ate

V

icS

mart

PL

N1

5/0

38

0

AR

PC

Pty

Ltd

M

ulti D

we

llin

g D

eve

lopm

ent

x 5

(1

Sin

gle

Sto

rey; 4

Do

ub

le S

tore

y)

Ne

w

De

leg

ate

P

lan

Perm

it

Re

dG

um

4

Podm

ore

Str

eet

D

AN

DE

NO

NG

VIC

31

75

Ge

ne

ral R

esid

en

tia

l Z

on

e 1

, 9

54

sq

m.

2

6/0

2/2

01

6

No

PL

N1

5/0

38

2

Ste

ph

en D

'An

dre

a

Bu

ildin

gs a

nd

Work

s (

Ware

ho

use)

De

leg

ate

P

lan

Perm

it

Re

dG

um

197-2

09

Gre

en

s R

oa

d

DA

ND

EN

ON

G S

OU

TH

VIC

31

75

Ind

ustr

ial 3

Zo

ne

; 1

0,0

92

sq

m.

25

/02

/20

16

No

PL

N1

5/0

38

3

De

sig

n C

ad S

erv

ice

Pty

Ltd

M

ulti D

we

llin

g D

eve

lopm

ent

x 2

(1

Sin

gle

Sto

rey)

Ne

w;

(1 S

ing

le S

tore

y)

Exis

tin

g

De

leg

ate

P

lan

Perm

it

Lig

htw

oo

d

52

Wh

itw

ort

h A

ve

nu

e

SP

RIN

GV

ALE

VIC

31

71

Ge

ne

ral R

esid

en

tia

l Z

on

e 1

, 7

79

sq

m.

0

8/0

2/2

01

6

No

PL

N1

5/0

39

3

Ch

au

Le A

rch

itect

Pty

Ltd

M

ulti D

we

llin

g D

eve

lopm

ent

x 5

(D

ou

ble

Sto

rey)

Ne

w

De

leg

ate

N

OD

L

igh

two

od

1 V

ard

on S

tree

t

SP

RIN

GV

ALE

VIC

31

71

Ge

ne

ral R

esid

en

tia

l Z

on

e 1

, 5

85

sq

m.

01

/02

/20

16

No

PL

N1

5/0

39

9

Ka

i H

e

Mu

lti D

we

llin

g D

eve

lopm

ent

x 3

(2

Do

ub

le S

tore

y;

1 S

ing

le S

tore

y)

Ne

w

De

leg

ate

P

lan

Perm

it

Re

dG

um

1

6 L

ou

is A

ve

nu

e

DA

ND

EN

ON

G V

IC 3

175

Ge

ne

ral R

esid

en

tia

l Z

on

e 1

, 6

49

sq

m.

1

5/0

2/2

01

6

No

PL

N1

5/0

41

4

Bo

rnova A

rch

itectu

re &

To

wn

Pla

nn

ing

Mu

lti D

we

llin

g D

eve

lopm

ent

x 3

(D

ou

ble

Sto

rey)

Ne

w

De

leg

ate

N

OD

R

ed

Gum

1

1 B

urr

ow

s A

ve

nue

DA

ND

EN

ON

G V

IC 3

175

Re

sid

en

tia

l G

row

th Z

on

e 1

, 7

08

sq

m.

02

/02

/20

16

No

PL

N1

5/0

42

7

A V

ale

De

sig

n &

Dra

ftin

g S

tud

io

Mu

lti D

we

llin

g D

eve

lopm

ent

x 3

(1

Sin

gle

Sto

rey; 2 D

ou

ble

Sto

rey)

Ne

w

De

leg

ate

P

lan

Perm

it

Pa

pe

rba

rk

11

Ba

ldw

in A

ve

nu

e

NO

BL

E P

AR

K V

IC 3

174

Ge

ne

ral R

esid

en

tia

l Z

on

e 1

; 7

50

sq

m.

02

/02

/20

16

No

PL

N1

5/0

43

6

S G

O'D

or

Pty

Ltd

M

ulti D

we

llin

g D

eve

lopm

ent

x 4

(D

ou

ble

Sto

rey)

Ne

w

De

leg

ate

P

lan

Perm

it

Re

dG

um

4

9 H

em

min

gs S

tree

t

DA

ND

EN

ON

G V

IC 3

175

Re

sid

en

tia

l G

row

th Z

on

e 1

; 8

12

sq

m.

04

/02

/20

16

No

PL

N1

5/0

44

1

AM

Solu

tio

ns

Re

du

ction

of th

e C

ar

Pa

rkin

g

Re

qu

irem

en

t associa

ted w

ith

a

Me

dic

al C

en

tre

an

d S

hop

D

EC

LA

RE

D A

RE

A

De

leg

ate

P

lan

Perm

it

Re

dG

um

265-2

73

Lo

nsd

ale

Str

ee

t D

AN

DE

NO

NG

VIC

31

75

Co

mp

reh

en

siv

e

De

ve

lop

me

nt

Zo

ne

2;

1

0 P

ractitio

ne

rs.

24

/02

/20

16

No

6

SR

ICH

A

2/0

3/2

01

6

Page 22633




Ap

pID

P

rop

ert

y A

dd

res

s

De

sc

rip

tio

n

Au

tho

rity

D

ec

isio

n

Ward

N

OT

ES

A

pp

lic

an

t D

ate

V

icS

mart

PL

N1

5/0

44

2

Aru

Desig

n

Mu

lti D

we

llin

g D

eve

lopm

ent

x 2

(1

Do

ub

le S

tore

y;

1 S

ing

le S

tore

y)

Ne

w

De

leg

ate

N

OD

S

ilve

rle

af

18

Ga

rdin

er

Ave

nue

D

AN

DE

NO

NG

NO

RT

H V

IC 3

17

5

Ge

ne

ral R

esid

en

tia

l Z

on

e 1

; 6

09

sq

m.

12

/02

/20

16

No

PL

N1

5/0

45

3

G2

Urb

an P

lan

nin

g

Exte

nsio

n to E

xis

tin

g A

ccom

mo

dation

(R

esid

en

tia

l V

illag

e)

an

d a

Re

du

ction

o

f th

e C

ar

Pa

rkin

g R

eq

uirem

ent

De

leg

ate

P

lan

Perm

it

Lig

htw

oo

d

18

Vill

a R

oa

d

SP

RIN

GV

ALE

VIC

31

71

Ge

ne

ral R

esid

en

tia

l Z

on

e 1

; 1

20

2 s

qm

exte

nsio

n t

o a

ge

d

ca

re f

acili

ty.

22

/02

/20

16

No

PL

N1

5/0

45

6

Qu

alit

y F

irst

Desig

ns P

ty L

td

Use

an

d D

eve

lop

me

nt

(W

are

hou

se

) a

nd r

edu

ction

in

ca

r

pa

rkin

g

De

leg

ate

P

lan

Perm

it

Re

dG

um

1

7 M

etc

alf S

tre

et

D

AN

DE

NO

NG

SO

UT

H V

IC 3

175

Ind

ustr

ial 3

Zo

ne

; 2

52

0 s

qm

. 0

1/0

2/2

01

6

No

PL

N1

5/0

46

2.0

1

Da

lto

n C

onsu

ltin

g

En

gin

ee

rs P

ty L

td

AM

EN

DM

EN

T T

O:

S

ub

div

isio

n x

5

De

leg

ate

R

efu

sa

l R

ed

Gum

1

25

Cole

ma

ns R

oa

d

DA

ND

EN

ON

G S

OU

TH

VIC

31

75

Insu

ffic

ien

t in

form

atio

n h

as

be

en

pro

vid

ed

to

asse

ss t

he

im

pa

ct

of

the

pro

po

se

d

rem

ova

l o

f n

ative

ve

ge

tatio

n.

In a

dd

itio

n,

Pla

nn

ing

Pe

rmit

PL

N1

5/0

46

2 w

hic

h r

ela

tes t

o

the

su

bd

ivis

ion

of

the

site

ca

nn

ot

be

am

en

de

d t

o a

llow

th

e r

em

ova

l o

f n

ative

ve

ge

tatio

n f

rom

an

ad

join

ing

site

.

08

/02

/20

16

No

PL

N1

5/0

47

2

Maste

r E

ngin

ee

rs P

ty L

td

Mu

lti D

we

llin

g D

eve

lopm

ent

x 2

(1 E

xis

tin

g; 1

Ne

w)

De

leg

ate

R

efu

sa

l R

ed

Gum

2

8 C

urt

in C

resce

nt

D

AN

DE

NO

NG

NO

RT

H V

IC 3

17

5

Pro

po

sa

l fa

ils t

o c

om

ply

with

S

tate

an

d L

oca

l P

lan

nin

g

Po

licy in

re

latio

n t

o u

rba

n

de

sig

n,

ne

igh

bo

urh

oo

d

ch

ara

cte

r, s

ca

le a

nd

bu

ilt

form

, p

ed

estr

ian

acce

ss a

nd

o

n-s

ite

sa

fety

, se

clu

de

d

pri

va

te o

pe

n s

pa

ce

; o

ve

rsh

ad

ow

ing

, ve

hic

le

acce

ss a

nd

on

-site

pa

rkin

g.

10

/02

/20

16

No

PL

N1

5/0

48

6

Th

e T

ow

n H

all

Co

nsu

ltin

g G

roup

Pty

Ltd

M

ulti D

we

llin

g D

eve

lopm

ent

x 2

(S

ing

le S

tore

y)

Ne

w

De

leg

ate

P

lan

Perm

it

Lig

htw

oo

d

56

Princess A

ven

ue

SP

RIN

GV

ALE

VIC

31

71

Ge

ne

ral R

esid

en

tia

l Z

on

e 1

; 8

89

sq

m.

22

/02

/20

16

No

7

SR

ICH

A

2/0

3/2

01

6

Page 22634




Ap

pID

P

rop

ert

y A

dd

res

s

De

sc

rip

tio

n

Au

tho

rity

D

ec

isio

n

Ward

N

OT

ES

A

pp

lic

an

t D

ate

V

icS

mart

PL

N1

5/0

50

5

Me

raq

Bu

ildin

g D

esig

ners

Pty

Ltd

M

ulti D

we

llin

g D

eve

lopm

ent

x 2

(1

Do

ub

le S

tore

y)

Ne

w;

(1 S

ing

le S

tore

y)

Exis

tin

g

De

leg

ate

R

efu

sa

l L

igh

two

od

52

Ja

nin

e R

oa

d

SP

RIN

GV

ALE

SO

UT

H V

IC 3

17

2

Pro

po

sa

l fa

ils t

o c

om

ply

with

S

tate

an

d L

oca

l P

lan

nin

g

Po

licy in

re

latio

n t

o u

rba

n

de

sig

n,

en

ha

ncin

g p

ub

lic

rea

lm,

loca

l a

me

nity,

sa

fety

a

nd

ne

igh

bo

urh

oo

d

ch

ara

cte

r.

26

/02

/20

16

No

PL

N1

5/0

51

4

Na

jeem

Desig

n

Mu

lti D

we

llin

g D

eve

lopm

ent

x 4

(Do

ub

le S

tore

y)

Ne

w

De

leg

ate

N

OD

R

ed

Gum

1

3 B

ruce

Str

eet

DA

ND

EN

ON

G V

IC 3

175

Re

sid

en

tia

l G

row

th Z

on

e 1

; 8

50

sq

m.

25

/02

/20

16

No

PL

N1

5/0

53

4

Fu

lcru

m U

rban

Pla

nnin

g

Bu

ildin

gs a

nd

Work

s (

Ind

ustr

ial

Bu

ildin

g/W

are

hou

se

) p

lus S

igna

ge

an

d R

ed

uctio

n in C

ar

Pa

rkin

g

De

leg

ate

P

lan

Perm

it

Re

dG

um

77-8

9 A

tla

ntic D

rive

K

EY

SB

OR

OU

GH

VIC

31

73

Ind

ustr

ial 1

Zo

ne

; 7

,40

0sq

m

an

d in

sta

llatio

n o

f 3

bu

sin

ess

ide

ntifica

tio

n s

ign

s.

29

/02

/20

16

No

PL

N1

5/0

53

6

Mic

hae

l Q

ua

n

Mu

lti D

we

llin

g D

eve

lopm

ent

x 2

(1

Do

ub

le S

tore

y;

1 S

ing

le S

tore

y)

Ne

w

De

leg

ate

P

lan

Perm

it

Lig

htw

oo

d

1 P

asco

e A

ven

ue

SP

RIN

GV

ALE

VIC

31

71

Ge

ne

ral R

esid

en

tia

l Z

on

e 1

; 6

96

sq

m.

26

/02

/20

16

No

PL

N1

5/0

53

7

Te

d H

art

an

d A

ssocia

tes

On S

ite

Liq

uo

r L

icen

se

in

associa

tio

n w

ith

an E

xis

ting

F

oo

d a

nd D

rink P

rem

ise

De

leg

ate

P

lan

Perm

it

Re

dG

um

186-1

90

Dis

cove

ry R

oa

d

DA

ND

EN

ON

G S

OU

TH

VIC

31

75

Ind

ustr

ial 1

Zo

ne

; F

oo

d a

nd

D

rin

k P

rem

ise

s;

60

pa

tro

ns.

17

/02

/20

16

No

PL

N1

5/0

55

3

Qu

alit

y F

irst

Desig

ns P

ty L

td

Bu

ildin

gs a

nd

Work

s

(2 W

are

ho

uses)

De

leg

ate

P

lan

Perm

it

Re

dG

um

9-1

5 V

isio

n S

tree

t

DA

ND

EN

ON

G S

OU

TH

VIC

31

75

Ind

ustr

ial 1

Zo

ne

; 6

,63

6sq

m.

01

/02

/20

16

No

PL

N1

5/0

55

4

Sh

arp

Build

ing D

esig

n

Co

nstr

uctio

n o

f B

uild

ings a

nd W

ork

s

(Exte

nsio

n)

an

d a

Re

ductio

n o

f th

e

Ca

r P

ark

ing R

ate

fo

r M

anu

factu

rin

g

Sa

les

De

leg

ate

P

lan

Perm

it

Silv

erle

af

154-1

56

Bro

wn

s R

oa

d

NO

BL

E P

AR

K N

OR

TH

VIC

317

4

Co

mm

erc

ial 2

Zo

ne

; 7

52

sq

m.

26

/02

/20

16

No

PL

N1

5/0

56

7

Jo

nath

an

Om

rod

Mu

lti D

we

llin

g D

eve

lopm

ent

x 2

(1 N

ew

; 1

Exis

tin

g)

Sin

gle

Sto

rey

De

leg

ate

P

lan

Perm

it

Silv

erle

af

26

Win

can

ton

Co

urt

N

OB

LE

PA

RK

NO

RT

H V

IC 3

17

4

Ge

ne

ral R

esid

en

tia

l Z

on

e 1

; 8

85

sq

m.

26

/02

/20

16

No

PL

N1

5/0

57

0

Arc

h 1

0

Mu

lti D

we

llin

g D

eve

lopm

ent

x 4

(D

ou

ble

Sto

rey)

Ne

w

De

leg

ate

N

OD

L

igh

two

od

7 W

als

h S

tre

et

NO

BL

E P

AR

K V

IC 3

174

Ge

ne

ral R

esid

en

tia

l Z

on

e 1

, 7

47

sq

m.

10

/02

/20

16

No

8

SR

ICH

A

2/0

3/2

01

6

Page 22635




Ap

pID

P

rop

ert

y A

dd

res

s

De

sc

rip

tio

n

Au

tho

rity

D

ec

isio

n

Ward

N

OT

ES

A

pp

lic

an

t D

ate

V

icS

mart

PL

N1

5/0

59

6

KL

M S

patia

l B

uild

ing

s a

nd

Work

s (

Ware

ho

use);

R

ed

uction

in

Ca

r P

ark

ing a

nd

Sig

na

ge

De

leg

ate

P

lan

Perm

it

Re

dG

um

41-9

1 G

lasscocks R

oa

d

DA

ND

EN

ON

G S

OU

TH

VIC

31

75

Ind

ustr

ial 1

Zo

ne

, 6

48

5sq

m

an

d b

usin

ess id

en

tifica

tio

n

sig

na

ge

.

23

/02

/20

16

No

PL

N1

5/0

60

2

Ste

ph

en D

'An

dre

a P

ty L

td

Bu

ildin

gs a

nd

Work

s (

Ware

ho

use)

De

leg

ate

P

lan

Perm

it

Re

dG

um

41-9

1 G

lasscocks R

oa

d

DA

ND

EN

ON

G S

OU

TH

VIC

31

75

Ind

ustr

ial 1

Zo

ne

, 1

27

8sq

m.

1

5/0

2/2

01

6

No

PL

N1

5/0

60

4

Ja

wa

d A

li Z

ada

Bu

ildin

gs a

nd

Work

s

(Fo

od

an

d D

rink P

rem

ises)

DE

CL

AR

ED

AR

EA

De

leg

ate

P

lan

Perm

it

Re

dG

um

16-4

6 C

lee

lan

d S

tre

et

DA

ND

EN

ON

G V

IC 3

175

Co

mp

reh

en

siv

e

De

ve

lop

me

nt

Zo

ne

2,

F

lue

fo

r K

itch

en

an

d

insta

llatio

n o

f o

ve

ns.

26

/02

/20

16

No

PL

N1

5/0

60

5

Ma

ria

Petr

akis

B

uild

ing

s a

nd

Work

s

(Ea

rth

wo

rks)

De

leg

ate

P

lan

Perm

it

Re

dG

um

1

15

Riv

ere

nd R

oa

d

BA

NG

HO

LM

E V

IC 3

175

Gre

en

We

dg

e Z

on

e,

ea

rth

wo

rks a

sso

cia

ted

with

la

nd

sca

pin

g in

th

e n

ort

he

rn

co

rne

r o

f th

e s

ite

.

04

/02

/20

16

No

PL

N1

5/0

60

6

Pu

rple

Hill

s C

ontr

actin

g

Sig

na

ge

De

leg

ate

P

lan

Perm

it

Re

dG

um

16-3

2 S

ou

th P

ark

Drive

DA

ND

EN

ON

G S

OU

TH

VIC

31

75

Ind

ustr

ial 2

Zo

ne

, B

usin

ess

Ide

ntifica

tio

n S

ign

ag

e

inclu

din

g o

ne

pylo

n s

ign

.

09

/02

/20

16

No

PL

N1

5/0

61

3

XY

Fu

ture

Pty

Ltd

B

uild

ing

s a

nd

Work

s (

Ro

of)

D

ele

gate

P

lan

Perm

it

Re

dG

um

181-1

83

F

ran

ksto

n D

an

de

no

ng R

oad

DA

ND

EN

ON

G S

OU

TH

VIC

31

75

Ind

ustr

ial 1

Zo

ne

, 3

72

.39

sq

m.

12

/02

/20

16

No

PL

N1

5/0

63

3

Ta

ylo

rs D

eve

lopm

en

t

Str

ate

gis

ts P

ty L

td

Bu

ildin

gs a

nd

Work

s (

Dw

elli

ng

) D

ele

gate

P

lan

Perm

it

Re

dG

um

3

9 H

om

ele

igh R

oad

K

EY

SB

OR

OU

GH

VIC

31

73

Ge

ne

ral R

esid

en

tia

l Z

on

e 2

, D

ou

ble

Sto

rey D

we

llin

g o

n a

lo

t le

ss t

ha

n 3

00

sq

m.

26

/02

/20

16

No

PL

N1

5/0

63

4

Ta

ylo

rs D

eve

lopm

en

t

Str

ate

gis

ts P

ty L

td

Bu

ildin

gs a

nd

Work

s (

Dw

elli

ng

) D

ele

gate

P

lan

Perm

it

Re

dG

um

1

1 G

old

hu

rst S

tre

et

KE

YS

BO

RO

UG

H V

IC 3

17

3

Ge

ne

ral R

esid

en

tia

l Z

on

e 2

, D

ou

ble

Sto

rey D

we

llin

g o

n a

lo

t le

ss t

ha

n 3

00

sq

m.

26

/02

/20

16

No

PL

N1

5/0

63

5

Ta

ylo

rs D

eve

lopm

en

t

Str

ate

gis

ts P

ty L

td

Bu

ildin

gs a

nd

Work

s (

Dw

elli

ng

) D

ele

gate

P

lan

Perm

it

Re

dG

um

1

3 G

old

hu

rst S

tre

et

KE

YS

BO

RO

UG

H V

IC 3

17

3

Ge

ne

ral R

esid

en

tia

l Z

on

e 2

, D

ou

ble

Sto

rey D

we

llin

g o

n a

lo

t le

ss t

ha

n 3

00

sq

m.

26

/02

/20

16

No

9

SR

ICH

A

2/0

3/2

01

6

636




Ap

pID

P

rop

ert

y A

dd

res

s

De

sc

rip

tio

n

Au

tho

rity

D

ec

isio

n

Ward

N

OT

ES

A

pp

lic

an

t D

ate

V

icS

mart

PL

N1

5/0

63

6

Ta

ylo

rs D

eve

lopm

en

t

Str

ate

gis

ts P

ty L

td

Bu

ildin

gs a

nd

Work

s (

Dw

elli

ng

) D

ele

gate

P

lan

Perm

it

Re

dG

um

1

Gold

hurs

t S

tre

et

KE

YS

BO

RO

UG

H V

IC 3

17

3

Ge

ne

ral R

esid

en

tia

l Z

on

e 2

, D

ou

ble

Sto

rey D

we

llin

g o

n a

lo

t le

ss t

ha

n 3

00

sq

m.

26

/02

/20

16

No

PL

N1

5/0

64

5

Pill

ar

Bu

ildin

g

De

sig

n C

onsultan

ts

Ch

an

ge o

f U

se (

Edu

ca

tio

n C

en

tre

) D

ele

gate

P

lan

Perm

it

Re

dG

um

23-2

7 R

od

eo

Drive

DA

ND

EN

ON

G S

OU

TH

VIC

31

75

Ind

ustr

ial 1

Zo

ne

; T

rain

ing

C

en

tre

an

d o

ffic

es.

18

/02

/20

16

No

PL

N1

5/0

66

1

Sh

au

n D

oyle

S

ign

age

De

leg

ate

P

lan

Perm

it

Lig

htw

oo

d

714-7

16

Princes H

igh

wa

y

SP

RIN

GV

ALE

VIC

31

71

Pu

blic

Pa

rk a

nd

Re

cre

atio

n

zo

ne

; B

usin

ess I

de

ntifica

tio

n.

08

/02

/20

16

No

PL

N1

5/0

69

5

EB

Desig

n B

uild

Pty

Ltd

M

ulti D

we

llin

g D

eve

lopm

ent

x 2

(1

Ne

w;

1 E

xis

tin

g)

Do

ub

le S

tore

y

De

leg

ate

P

lan

Perm

it

Lig

htw

oo

d

1 C

om

ber

Str

ee

t

NO

BL

E P

AR

K V

IC 3

174

Ge

ne

ral R

esid

en

tia

l 1

Zo

ne

; 6

54

sq

m.

15

/02

/20

16

No

PL

N1

5/0

70

4

Wais

Bad

ri

Bu

ildin

gs a

nd

Work

s (

Flu

e)

DE

CL

AR

ED

AR

EA

De

leg

ate

P

lan

Perm

it

Re

dG

um

3

/23 C

he

lten

ham

Ro

ad

DA

ND

EN

ON

G V

IC 3

175

Co

mp

reh

en

siv

e

De

ve

lop

me

nt

2 Z

on

e;

F

lue

fo

r S

pra

y P

ain

t B

oo

th.

23

/02

/20

16

No

PL

N1

5/0

70

8

Zla

tko

Jovan

ovski

Mu

lti D

we

llin

g D

eve

lopm

ent

x4

(3 D

oub

le S

tore

y;

1 S

ing

le S

tore

y)

Ne

w

De

leg

ate

P

lan

Perm

it

Lig

htw

oo

d

14

0 C

orr

igan

Roa

d

NO

BL

E P

AR

K V

IC 3

174

Ge

ne

ral R

esid

en

tia

l 1

Zo

ne

; 9

68

sq

m.

26

/02

/20

16

No

PL

N1

5/0

71

8

Ab

du

l A

ziz

Ha

ida

ri

Use

& D

eve

lopm

en

t

(Pla

ce

of A

ssem

bly

)

De

leg

ate

L

ap

se

d

Re

dG

um

2

3 P

rog

ress S

tre

et

D

AN

DE

NO

NG

SO

UT

H V

IC 3

175

No

re

sp

on

se

to

fu

rth

er

info

rma

tio

n r

eq

ue

st.

0

1/0

2/2

01

6

No

PL

N1

5/0

75

4

A &

S P

ow

ers

elle

r P

ty L

td

Bu

sin

ess Id

entifica

tio

n S

ign

ag

e;

Re

str

icte

d R

eta

il P

rem

ises;

Re

du

ction

of th

e C

ar

Pa

rkin

g

Re

qu

irem

en

t a

nd

Sto

rag

e o

f G

oo

ds

De

leg

ate

L

ap

se

d

Lig

htw

oo

d

7/1

69

5-1

70

3 C

entr

e R

oa

d

SP

RIN

GV

ALE

VIC

31

71

No

re

sp

on

se

to

fu

rth

er

info

rma

tio

n r

eq

ue

st.

02

/02

/20

16

No

PL

N1

5/0

75

5

Ste

ph

en D

'An

dre

a P

ty L

td

Bu

ildin

gs a

nd

Work

s

(Ware

hou

se

/Sh

ow

roo

m)

De

leg

ate

P

lan

Perm

it

Re

dG

um

1-1

9 E

vo

lutio

n D

rive

DA

ND

EN

ON

G S

OU

TH

VIC

31

75

Ind

ustr

ial 1

Zo

ne

; 3

,13

5sq

m

an

d w

aiv

er

of

49

ca

r p

ark

s.

26

/02

/20

16

No

10

S

RIC

HA

2

/03

/20

16

Page 22637




Ap

pID

P

rop

ert

y A

dd

res

s

De

sc

rip

tio

n

Au

tho

rity

D

ec

isio

n

Ward

N

OT

ES

A

pp

lic

an

t D

ate

V

icS

mart

PL

N1

5/0

77

2

Un

ite

x G

ran

ula

r M

arb

le P

ty L

td

Bu

ildin

gs a

nd

Work

s

(Extr

actio

n F

lues x

2)

De

leg

ate

L

ap

se

d

Re

dG

um

1

/22 P

ark

Drive

DA

ND

EN

ON

G S

OU

TH

VIC

31

75

No

re

sp

on

se

to

fu

rth

er

info

rma

tio

n r

eq

ue

st.

2

4/0

2/2

01

6

No

PL

N1

5/0

77

4

Mo

ham

me

d M

usta

q K

ha

n

Bu

ildin

gs a

nd

Work

s (

Flu

e)

De

leg

ate

L

ap

se

d

Re

dG

um

2

8 H

ilto

n S

tree

t

DA

ND

EN

ON

G V

IC 3

175

No

re

sp

on

se

to

fu

rth

er

info

rma

tio

n r

eq

ue

st.

08

/02

/20

16

No

PL

N1

5/0

77

8

Un

ite

x G

ran

ula

r M

arb

le P

ty L

td

Bu

ildin

gs a

nd

Work

s

(Extr

actio

n F

lues)

De

leg

ate

L

ap

se

d

Re

dG

um

2

/22 P

ark

Drive

DA

ND

EN

ON

G S

OU

TH

VIC

31

75

No

re

sp

on

se

to

fu

rth

er

info

rma

tio

n r

eq

ue

st.

2

4/0

2/2

01

6

No

PL

N1

5/0

78

7

Ge

org

e R

yd

ell

Co

nstr

uctio

n P

ty

Ltd

B

uild

ing

s a

nd

Work

s (

Co

ol R

oom

);

and R

ed

uctio

n o

f th

e C

ar

Pa

rkin

g

Re

qu

irem

en

t

De

leg

ate

P

lan

Perm

it

Re

dG

um

1

0 M

on

tere

y R

oa

d

DA

ND

EN

ON

G S

OU

TH

VIC

31

75

Ind

ustr

ial 1

Zo

ne

; co

ol ro

om

4

18

sq

m a

nd

wa

ive

r o

f 2

ca

r sp

ace

s.

19

/02

/20

16

No

PL

N1

5/0

80

9

Din

o D

esig

n

Mu

lti D

we

llin

g D

eve

lopm

ent

x 2

(Sin

gle

Sto

rey)

Ne

w

De

leg

ate

P

lan

Perm

it

Pa

pe

rba

rk

17

3 B

uckle

y S

tree

t

NO

BL

E P

AR

K V

IC 3

174

Ge

ne

ral R

esid

en

tia

l Z

on

e 1

; 5

94

sq

m.

29

/02

/20

16

No

PL

N1

5/0

81

9

Urb

is P

ty L

td

Bu

ildin

gs a

nd

Work

s (

Ca

r P

ark

)

an

d S

ub

div

isio

n x

2

De

leg

ate

P

lan

Perm

it

Re

dG

um

1

03

Princes H

igh

wa

y

DA

ND

EN

ON

G S

OU

TH

VIC

31

75

Co

mm

erc

ial 2

Zo

ne

; S

ub

div

isio

n o

f th

e la

nd

an

d

co

nstr

uctio

n o

f a

63

sp

ace

s

ca

r p

ark

.

29

/02

/20

16

No

PL

N1

5/0

82

1

Ash

Dev P

ty L

td

Sig

na

ge

De

leg

ate

L

ap

se

d

Re

dG

um

3

27

Gla

dsto

ne R

oad

D

AN

DE

NO

NG

NO

RT

H V

IC 3

17

5

No

re

sp

on

se

to

fu

rth

er

info

rma

tio

n r

eq

ue

st.

2

9/0

2/2

01

6

No

PL

N1

5/0

82

7

Ta

ylo

rs D

eve

lopm

en

t

Str

ate

gis

ts P

ty L

td

Bu

ildin

gs a

nd

Work

s (

Dw

elli

ng

) D

ele

gate

P

lan

Perm

it

Re

dG

um

3

Lym

ingto

n S

tree

t

KE

YS

BO

RO

UG

H V

IC 3

17

3

Ge

ne

ral R

esid

en

tia

l Z

on

e 2

; D

ou

ble

Sto

rey D

we

llin

g o

n a

lo

t le

ss t

ha

n 3

00

sq

m.

15

/02

/20

16

No

PL

N1

5/0

83

1

Nic

ho

las S

terjov

Bu

ildin

gs a

nd

Work

s

(Exte

nsio

n / A

lte

ration

s)

De

leg

ate

L

ap

se

d

Re

dG

um

3

6A

Gla

dsto

ne R

oad

DA

ND

EN

ON

G V

IC 3

175

No

re

sp

on

se

to

fu

rth

er

info

rma

tio

n r

eq

ue

st.

1

7/0

2/2

01

6

No

11

S

RIC

HA

2

/03

/20

16

Page 22638




Ap

pID

P

rop

ert

y A

dd

res

s

De

sc

rip

tio

n

Au

tho

rity

D

ec

isio

n

Ward

N

OT

ES

A

pp

lic

an

t D

ate

V

icS

mart

PL

N1

5/0

87

9

DC

Pa

ym

ents

Au

str

ala

sia

Pty

Ltd

B

uild

ing

s a

nd

Work

s (

Flu

e)

De

leg

ate

P

lan

Perm

it

Re

dG

um

64-6

8 L

egg

o C

ou

rt

DA

ND

EN

ON

G S

OU

TH

VIC

31

75

Co

mm

erc

ial 2

Zo

ne

; in

sta

llatio

n o

f flu

e f

or

sp

ray

bo

oth

.

25

/02

/20

16

No

PL

N1

5/0

88

6

Th

e S

igncra

ft G

rou

p P

ty L

td

Sig

na

ge

De

leg

ate

P

lan

Perm

it

Pa

pe

rba

rk

317-3

21

Che

lte

nh

am

Ro

ad

KE

YS

BO

RO

UG

H V

IC 3

17

3

Co

mm

erc

ial 1

Zo

ne

; in

tern

ally

illu

min

ate

d f

ascia

sig

n 9

00

mm

x 5

50

0m

m.

16

/02

/20

16

No

PL

N1

5/0

90

5

Qu

alit

y F

irst

Desig

ns P

ty L

td

Use

& D

eve

lopm

en

t (W

are

ho

use)

an

d R

ed

uctio

n in C

ar

Pa

rkin

g

De

leg

ate

P

lan

Perm

it

Re

dG

um

1

3 M

etc

alf S

tre

et

D

AN

DE

NO

NG

SO

UT

H V

IC 3

175

Ind

ustr

ial 3

Zo

ne

; 2

51

5sq

m

an

d w

aiv

er

of

5 c

ar

sp

ace

s.

25

/02

/20

16

No

PL

N1

5/0

92

0

Ste

ph

en D

'An

dre

a P

ty L

td

Bu

ildin

gs a

nd

Work

s

(Me

zza

nin

e F

loo

r)

De

leg

ate

P

lan

Perm

it

Re

dG

um

52-5

6 W

illia

ms R

oa

d

DA

ND

EN

ON

G S

OU

TH

VIC

31

75

Ind

ustr

ial 1

Zo

ne

, 1

2sq

m.

2

6/0

2/2

01

6

No

PL

N1

5/0

93

3

CS

To

wn

Pla

nn

ing S

erv

ice

s

Sig

na

ge

De

leg

ate

P

lan

Perm

it

Lig

htw

oo

d

333-3

35

Sp

ringva

le R

oa

d

SP

RIN

GV

ALE

VIC

31

71

Co

mm

erc

ial 1

Zo

ne

; B

usin

ess id

en

tifica

tio

n s

ign

(5

5in

ch

po

rtra

it a

nim

ate

d

LC

D S

cre

en

).

29

/02

/20

16

No

PL

N1

5/0

93

8

KL

M S

patia

l S

ub

div

isio

n x

3 S

PE

AR

D

ele

gate

P

lan

Perm

it

Re

dG

um

41-9

1 G

lasscocks R

oa

d

DA

ND

EN

ON

G S

OU

TH

VIC

31

75

Ind

ustr

ial.

26

/02

/20

16

No

PL

N1

5/0

93

9

DN

B D

esig

n

Bu

ildin

gs a

nd

Work

s (

Flu

e)

De

leg

ate

P

lan

Perm

it

Pa

pe

rba

rk

3/5

99

-60

1 C

han

dle

r R

oad

K

EY

SB

OR

OU

GH

VIC

31

73

Ind

ustr

ial 1

Zo

ne

; in

take

an

d

extr

actio

n f

lue

fo

r n

atu

ral

ve

ntila

tio

n t

o d

yn

o r

oo

m.

23

/02

/20

16

No

PL

N1

6/0

01

3

Ad

ex D

esig

n a

nd D

raft

ing

Bu

ildin

gs a

nd

Work

s (

Sh

ed

) D

ele

gate

P

lan

Perm

it

Re

dG

um

1

9 B

en

net S

tre

et

DA

ND

EN

ON

G V

IC 3

175

Ind

ustr

ial 1

Zo

ne

; co

nstr

uctio

n o

f a

sto

rag

e

sh

ed

in

co

lou

rbo

nd

to

re

pla

ce

exis

tin

g s

he

d.

25

/02

/20

16

No

PL

N1

6/0

02

0

Nils

so

n N

oe

l &

Ho

lmes

(Su

rve

yo

rs)

Pty

Ltd

S

ub

div

isio

n x

3 S

PE

AR

D

ele

gate

P

lan

Perm

it

Re

dG

um

4

8 K

irkh

am

Ro

ad

D

AN

DE

NO

NG

VIC

31

75

Re

sid

en

tia

l.

10

/02

/20

16

No

12

S

RIC

HA

2

/03

/20

16

Page 22639




Ap

pID

P

rop

ert

y A

dd

res

s

De

sc

rip

tio

n

Au

tho

rity

D

ec

isio

n

Ward

N

OT

ES

A

pp

lic

an

t D

ate

V

icS

mart

PL

N1

6/0

02

3

Ta

ylo

rs D

eve

lopm

en

t

Str

ate

gis

ts P

ty L

td

Bu

ildin

gs a

nd

Work

s (

Dw

elli

ng

) D

ele

gate

P

lan

Perm

it

Re

dG

um

2

3 P

etu

nia

Drive

KE

YS

BO

RO

UG

H V

IC 3

17

3

Ge

ne

ral R

esid

en

tia

l Z

on

e 2

; D

ou

ble

Sto

rey D

we

llin

g o

n a

lo

t le

ss t

ha

n 3

00

sq

m.

15

/02

/20

16

No

PL

N1

6/0

03

0

No

be

lius L

an

d

Su

rve

yo

rs P

ty L

td

Su

bd

ivis

ion x

3 S

PE

AR

D

ele

gate

P

lan

Perm

it

Lig

htw

oo

d

32

Un

ion

Gro

ve

SP

RIN

GV

ALE

VIC

31

71

Re

sid

en

tia

l.

04

/02

/20

16

No

PL

N1

6/0

03

1

Bre

ese P

itt D

ixo

n P

ty L

td

Re

mova

l of E

asem

ent S

PE

AR

D

ele

gate

N

otR

eq

uire

Re

dG

um

211-2

15

Cha

pe

l R

oa

d

KE

YS

BO

RO

UG

H V

IC 3

17

3

Pe

rmit n

ot

req

uir

ed

as t

his

w

as a

lre

ad

y c

on

sid

ere

d

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Page 22641




2.3.3 Application to Amend Planning Permit – No. 29 Bruce Street, Dandenong(Planning Application No. PLN09/0778.01)

293575File Id:


Submitted PlansRevised PlansLocations of objectorsClause 55 AssessmentClause 22.09 AssessmentClause 52.06 Assessment

Attachments:

Application Summary

ArdconApplicant:

Amendment to Planning Permit PLN09/0778Proposal:

Residential Growth Zone – Schedule 1Zone:

Design and Development Overlay 4Overlay:

Red GumWard:

This application has been brought to Council meeting because it received two (2) objections duringthe advertising process.

Planning Permit No. PLN09/0778 was issued on 15 March 2011 at the direction of VCAT for theconstruction of twelve (12) dwellings with basement parking, within a three-storey building.

In addition to the amendments required by Condition 1, the applicant has also proposed to amendPlanning Permit No. PLN09/0778 by deleting Condition 1.19 and make other modifications to theplans.

The proposed amendments to the plans are provided below:

Provide a second stairway to the north side of the basement.Increase the lift size to improve disabled access.Increase the north and west basement wall thickness to suit proposed construction methodology.Extend the basement footprint towards the north (to the rear) to accommodate the secondarystairway.The southern staircase and lift positioned further south to accommodate the above changes.

Page 22642



Car parking spaces within the basement revised accordingly to accommodate the alterations.Location of gas and water meters annotated on the ground floor plan.Increase the overall height of the building from 9.4m to 9.65m above natural ground level, anincrease of 250mm.Vehicle entry ramp revised to comply with Clause 52.06 of the Planning Scheme.Ground floor lift lobby and Unit 1 entrance revised to suit new ramp layout.The size of Unit 2 reduced to accommodate the above changes.

Condition 1.19 of the permit that is proposed to be deleted reads as follow:

1.19 The 1.4 ramp grade amended to a 1.5 ramp grade.

The application for the amendment is pursuant to Section 72 of the Planning and Environment Act1987.

Objectors Summary

The application was advertised to the surrounding area through the erection of a notice on-site andthe mailing of notices to adjoining and surrounding owners and occupiers. Two (2) objections werereceived to the application. Issues raised relate to matters of:

The proposed development is inconsistent with the existing character of the area.Additional traffic;Property devaluation; andExcessive bins on the street.

Assessment Summary

The subject site is located within an established residential area and is well suited for high densityhousing given that the site is located within the Residential Growth Zone.

The proposal would seek only minor alterations to an approved permit. The minor alterations proposedwould be consistent with the provision of the Residential Growth Zone – Schedule 1, the designguidelines of Clause 22.09-3.1 (Residential Development and Neighbourhood Character Policy) andClause 55 (Two or more dwellings on a lot and residential building).

The proposed amendments would not result in adverse detriment to the surrounding properties andare considered acceptable.


As assessed, the proposal is consistent with and appropriately responds to the provisions of theGreater Dandenong Planning Scheme. The proposal appropriately responds to strategic policy forresidential development with this report recommending that the application be supported, that anAmended Permit be granted and a Notice of Decision (which provides appeal rights to objectors)to grant an amended permit be issued containing the conditions as set out in the recommendation.

Page 22643



2.3.3 Application to Amend Planning Permit – No. 29 Bruce Street, Dandenong (Planning ApplicationNo. PLN09/0778.01) (Cont.)

Subject Site and Surrounds

Subject Site

The subject site is located on the north side of Bruce Street, with a frontage width of 18.29 metres,a depth of 46.48 metres and overall area of 850 square metres. The topography of the site is relativelyflat, with a fall from the south (frontage) to the north (rear) of 0.42 metres. A 1.2 metre wide easementextends along the rear boundary.

A single storey weatherboard house currently occupies the site, with a concrete tiled hipped roof. Tothe west side of the dwelling is a carport accessed via a single crossover located to the south-westcorner of the site. A shed is also located to the rear of the dwelling. A front fence with a height of 1.6metres constructed of brick is provided.

Surrounding Area

The immediate surrounding area is residential with a mixture of lot sizes, with a high degree of infilldevelopment present. Built form is predominantly detached single storey dwellings, with double storeyforms scattered throughout. Double storey multi-dwelling developments can be found at the abuttingproperty to the east at No. 31 Bruce Street and at No. 32 Bruce Street (15m to the south-east).

An existing three-storey apartment development is located at No. 34 Ann Street (400m to thesouth-west).

Page 22644




Locality Plan

Background

Previous Applications

Planning Permit No. PLN09/0778 was issued on 15 March 2011 at the direction of the Victoria Civiland Administrative (VCAT) Tribunal for the construction of twelve (12) dwellings with basementparking. The dwellings would be contained within a three-storey building with basement parking.

The permit is still valid as an extension of time has been granted allowing the development tocommence by 15 March 2018 and completed by 15 March 2020.

Proposal

The application proposes to amend Planning Permit No. PLN09/0778 by the followings:

Make the following amendments to the plans:

Provide a second stairway to the north side of the basement.Increase the lift size to improve disabled access.Increase the north and west basement wall thickness to suit proposed construction methodology.

Page 22645




Extend the basement footprint towards the north (to the rear) to accommodate the secondarystairway.The southern staircase and lift positioned further south to accommodate the above changes.Car parking spaces within the basement revised accordingly to accommodate the alterations.Location of gas and water meters annotated on the ground floor plan.Increase the overall height of the building from 9.4m to 9.65m above natural ground level, anincrease of 250mm.Vehicle entry ramp revised to comply with Clause 52.06 of the Planning Scheme.Ground floor lift lobby and Unit 1 entrance revised to suit new ramp layout.The size of Unit 2 reduced to accommodate the above changes.

Delete Condition 1.19 of the permit which reads as follow:


A copy of the submitted plans (as advertised) is included as Attachment 1.

Amendment to the application 16 December 2015

After the advertising process, revised plans were submitted on 16 December 2015. The revised plansmade the following alterations to the proposed development:

Annotate “bored concrete pier & shortcrete retaining wall construction” to the north and westwalls of the basement.Annotate “screens” to the elevation plans to all upper floor windows that would face the adjoiningproperties.The Environmental Sustainability report updated to address concerns raised by Council’sSustainability Planner.

A copy of the revised plans is included as Attachment 2.

The modified plans were not advertised as it is considered that the amendments did not alter theapplication significantly to require re-advertising.

PLANNING & ENVIRONMENT ACT REQUIREMENTS

The request for amendment is made under Section 72 of the Planning and Environment Act 1987.This Section states that:

(1) A person who is entitled to use or develop land in accordance with a permit may apply to theresponsible authority for an amendment to the permit.

Page 22646




(2) This section does not apply to:

(a) a permit or a part of a permit issued at the direction of the Tribunal; if the Tribunal hasdirected under section 85 that the responsible authority must not amend that permit or that partof the permit (as the case requires); or

(b) a permit issued under Division 6.

Section 73 of the Act outlines the procedure for the amendment of permit request and states that:

(1) Subject to this section, sections 47 to 62 (with any necessary changes) apply to an application tothe responsible authority to amend a permit as if:

(a) the application were an application for a permit; and

(b) any reference to a permit were a reference to the amendment to the permit.

(2) If the responsible authority decides to grant an amendment to a permit subject to conditions, theconditions must relate to the amendment to the permit; and

(3) Any conditions to which an amendment to a permit is subject form part of the permit when it isissued.

Referrals

The application was not required to be referred to any external referral authorities pursuant to Section55 of the Planning and Environment Act 1987.

Internal

The application was internally referred to the following for their consideration:

CGD BUSINESS UNIT RECOMMENDATIONS TO STATUTORY PLANNING

Advice/ Response/ ConditionsInternal CouncilReferral

No concerns with the ramp proposed in Issue C (16/02/15 drawing).Transport Planning

Waste generation calculations rates are adequate.Waste & CleansingServices

Bin sizing and quantities applied are for shared bins, these are adequatefor a development of this size.

A Council kerbside collection cannot be undertaken due to lack of availablekerbside space; therefore a private waste collection will be required.

The private contractor’s bins will be utilised at this development, notCouncil’s.

Page 22647




A review of the waste generated should take place once all units areoccupied; say 3 months after full occupancy.

The bin storage room should have a drainage point, drained to legal pointof discharge, along with a water point.

Planner’s comments

A copy of the Waste Management Plan should be endorsed to form part ofany permit to be granted.

After reviewing the revised ESD report in line with my referral comments Ican confirm it satisfied our requirements for sustainability.

Sustainability Planner

Planner’s comments

A copy of the revised ESD report should be endorsed to form part of anypermit to be granted.

A permit could be granted with no conditions suggested. No furthercomments required.

Building Department

A permit could be granted with no conditions suggested. No furthercomments required.

Asset Planning

Advertising

The application has been advertised pursuant to Section 52 of the Planning and Environment Act1987 by:

Sending notices to the owners and occupiers of adjoining land.Placing a sign on site facing Bruce Street.

The notification has been carried out correctly.

Council has received two (2) objections to date.

The locations of the objectors are shown in Attachment 3.

The modified plans received on 16 December 2016 were not advertised as it is considered that theamendments did not alter the application significantly to require re-advertising. In addition, theobjections submitted provide sufficient information to be considered with the proposed variations.

Page 22648




Consultation

A consultative meeting was held on 6 October 2015, with the applicant, one (1) objector and Councilrepresentatives in attendance. The grounds of objections were discussed, however, there were noresolution and the objections stand as received.

Summary of Grounds of Submissions/Objections

The objections are summarised below (bold), followed by the Town Planner’s Response (in italics).

The proposed development is inconsistent with the existing character of the area.

Planning Permit PLN09/0778 was issued on 15 March 2011 for the construction of twelve (12)dwellings with basement parking.

The application for consideration is for an amendment to the permit and the assessment of theapplication can only be whether the proposed amendment would be acceptable.

The subject site is located in a Residential Growth Zone where the maximum permissible buildingheight is 13.5m. The site is in the Substantial Change Area under Clause 22.09-3.1 (ResidentialDevelopment and Neighbourhood Character Policy) where town houses and apartment developmentsof up 3 storeys, with 4 storeys a possibility where appropriate considering its interface with existingresidential development, response to site circumstances and streetscape.

Although there are currently no three-storey apartment developments on Bruce Street, there are threeand four level apartment developments within the surrounding streets which are within the same zoneand the same neighbourhood character as identified in Clause 22.09 of the Greater DandenongPlanning Scheme. Some of the apartments that have been constructed can be found at 34 Ann Street,3 Market Street and 38 King Street.

There are also many other apartment developments in the surrounding streets that were approvedbut not constructed including at 36 Ann Street and 66 Herbert Street.

It is considered that the proposed amendment which includes the increase in the overall buildingheight from 9.4m to 9.65m above natural ground level, an increase of 250mm would not significantlyalter the character of the area and is consistent with the emerging and preferred future character ofthe area.

Additional traffic

The proposed amendments would not increase the number of dwellings already approved or reducethe number of car parking spaces that would be provided.

It is considered that the proposed amendments would not result in additional traffic to the locality.

Page 22649




Property devaluation

Devaluation of property is not considered a valid planning argument and cannot be upheld as a reasonto refuse a permit. As the Victorian Civil and Administrative Tribunal frequently states, the matterswhich will determine the final decision of an application must be based on planning considerations.It has long been held by the Tribunal, that a general claim concerning devaluation is not a relevantplanning issue.

Excessive bins on the street

Waste would be collected by a private contractor. A waste management plan was submitted and wasreferred to Council’s Waste and Cleansing Services who advises that the waste management planis acceptable.

Assessment

The application for the amendment is pursuant to Section 72 of the Planning and Environment Act1987. Consideration of the proposal is provided below:

Deletion of Condition 1.19.

Condition 1.19 reads as follow:


The application was referred to Council’s Transport Planning Unit who advises that the 1:4 rampgradient is acceptable. The 1:4 ramp gradient would comply with the requirement of Clause 52.06-8.It is therefore, recommended that Condition 1.19 should be deleted.

Amendments to the Plans

The proposed amendments to the plans have been assessed against the provisions of Clause 55(full assessment attached as Attachment 4) of the Greater Dandenong Planning Scheme and theschedule to the residential zone. The proposed development has also been assessed against Clause22.09 and Clause 52.06 (full assessment attached as Attachments 5 and 6) of the Greater DandenongPlanning Scheme. The proposal complies with all requirements of these clauses.

The majority of the amendments requested would be within the basement and were made to complywith Building Regulations. The application was referred to Council’s Building Department who hasno objection to the proposal.

The most significant of the proposed amendment being the increase in the overall height of thebuilding from 9.4m to 9.65m, an increase of 250mm. Considering the location of the site being in aResidential Growth Zone where the maximum permissible building height is 13.5m, it is consideredthat the proposed height is consistent with the preferred future character of the area and is well belowthe maximum allowable height in a Substantial Change area.

It is considered that the proposed amendments would not result in adverse detriment to the surroundingproperties and are considered acceptable.

Page 22650




Conclusion

The application has been assessed against the relevant sections of the Greater Dandenong PlanningScheme, including the State and Local Planning Policy Framework, Municipal Strategic Statementas set out in this assessment. It is considered that the application complies with these policies.

The assessment reveals that the relevant matters of the Planning Scheme have been met.

As the proposal is considered consistent with the relevant provisions and objectives of the PlanningScheme, it is recommended that a Notice of Decision to Grant an amended Permit (which providesappeal rights to objectors) be issued.

Recommendation

That Council resolves to issue a Notice of Decision to grant an amended permit in respect ofthe land known and described as 29 Bruce Street, Dandenong, for the construction of twelve(12) dwellings with basement car parking by the following:

delete Condition 1.19 of the permit; andA.

endorse the plans to form part of the amended permit.B.

MINUTE 1288

Moved by: Cr Matthew KirwanSeconded by: Cr Angela Long

That Council resolves to issue a Notice of Decision to grant an amended permit in respect ofthe land known and described as 29 Bruce Street, Dandenong, for the construction of twelve(12) dwellings with basement car parking by the following:

delete Condition 1.19 of the permit; andA.

endorse the plans to form part of the amended permit.B.

CARRIED

Page 22651






TOWN PLANNING APPLICATION - NO. 29 BRUCE STREET, DANDENONG (PLANNING APPLICATION NO. PLN09/0778.01)

ATTACHMENT 1

SUBMITTED PLANS


Page 22652







ATTACHMENT 2

REVISED PLANS


Page 22660







ATTACHMENT 3

LOCATIONS OF OBJECTORS


Page 22663




Melway Ref: 90 E5

North

Subject site

Location of Objectors

Page 22664






TOWN PLANNING APPLICATION - NO. 29 BRUCE STREET, DANDENONG(PLANNING APPLICATION NO. PLN09/0778.01)

ATTACHMENT 4

CLAUSE 55 ASSESSMENT


Page 22665




Assessment Table - Two or More Dwellings on a Lot and Residential Buildings (Clause 55)

Neighbourhood Character & Infrastructure Clause 55.02Objective Standard (Summarised) Complies / Does Not Comply /

Variation Required/NA

B1Neighbourhood CharacterTo 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.

The design response must be appropriate to the neighbourhood and the site.

Complies

The proposed design must respect the existing or preferred neighbourhood character and respond to the features of the site.

Complies

B2Residential PolicyTo 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.

An application must be accompanied by a written statement to the satisfaction of the responsible authority that describes how the development is consistent with any relevant policy for housing in the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.

Complies

B3Dwelling DiversityTo encourage a range of dwelling sizes and types in developments of ten or more dwellings.

Developments of ten or more dwellings should provide a range of dwelling sizes and types, including:

Dwellings with a different number of bedrooms. At least one dwelling that contains a kitchen, bath

or shower, and a toilet and wash basin at ground floor level.

Complies

B4InfrastructureTo ensure development is provided with appropriate utility services and infrastructure.

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

Development should be connected to reticulated services, including reticulated sewerage, drainage, electricity and gas, if available.

Complies

Development should not unreasonably exceed the capacity of utility services and infrastructure, including reticulated services and roads.

Complies

In areas where utility services or infrastructure have little or no spare capacity, developments should provide for the upgrading of or mitigation of the impact on services or infrastructure.

Complies

B5Integration with the StreetTo integrate the layout of development with the street.

Developments should provide adequate vehicle and pedestrian links that maintain or enhance local accessibility.

Complies

Development should be oriented to front existing and proposed streets.

Complies

High fencing in front of dwellings should be avoided if practicable.

Complies

Development next to existing public open space should be laid out to complement the open space.

- N/A

Page 22666




Site Layout and Building Massing Clause 55.03Title & Objective Standard Complies / Does Not Comply /

Variation Required / N/A

B6Street SetbackTo ensure that the setbacks of buildings from a street respect the existing or preferred neighbourhood character and make efficient use of the site.

Walls of buildings should be set back from streets:

the distance specified in Table B1.

Porches, pergolas and verandahs that are less than 3.6m high and eaves may encroach not more than 2.5m into the setbacks of this standard.

Within the Residential Growth Zone schedule:As per B6 or 5 metres, whichever is the lesser.

Complies

B7Building HeightTo ensure that the height of buildings respects the existing or preferred neighbourhood character.

The maximum building height should not exceed 9 metres (unless the slope of the natural ground level at any cross section wider than 8 metres of the site of the building is 2.5 degrees or more, in which case the maximum building height should not exceed 10 metres).

Complies

Changes of building height between existing buildings and new buildings should be graduated.

Complies

B8Site CoverageTo ensure that the site coverage respects the existing or preferred neighbourhood character and responds to the features of the site.

The site area covered by buildings should not exceed 60%.

Within the Residential Growth Zone schedule:Up to a maximum of 70%

Complies

B9PermeabilityTo reduce the impact of increased stormwater run-off on the drainage system.

To facilitate on-site stormwater infiltration.

At least 20% of the site should not be covered by impervious surfaces.

Within the Residential Growth Zone schedule:20%

Complies

B10Energy EfficiencyTo 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.

Buildings should be:

Oriented to make appropriate use of solar energy.

Sited and designed to ensure that the energy efficiency of existing dwellings on adjoining lots is not unreasonably reduced.

Complies

Living areas and private open space should be located on the north side of the development, if practicable.

Complies

Developments should be designed so that solar access to north-facing windows is maximised.

Complies

B11Open SpaceTo integrate the layout of development with any public and communal open space provided in or adjacent to the development.

If any public or communal open space is provided on site, it should:

Be substantially fronted by dwellings, where appropriate.

Provide outlook for as many dwellings as practicable.

Be designed to protect any natural features on the site.

Be accessible and usable.

- N/A

B12SafetyTo ensure the layout of development provides for the safety and security of residents and property.

Entrances to dwellings and residential buildings should not be obscured or isolated from the street and internal accessways.

Complies

Planting which creates unsafe spaces along streets and accessways should be avoided.

Complies

Developments should be designed to provide good lighting, visibility and surveillance of car parks and internal accessways.

Complies

Private spaces within developments should be protected from inappropriate use as public thoroughfares.

Complies

Page 22667




Title & Objective Standard Complies / Does Not Comply / Variation Required / N/A

B13LandscapingTo 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.

The landscape layout and design should:

Protect any predominant landscape features of the neighbourhood.

Take into account the soil type and drainage patterns of the site.

Allow for intended vegetation growth and structural protection of buildings.

In locations of habitat importance, maintain existing habitat and provide for new habitat for plants and animals.

Provide a safe, attractive and functional environment for residents.

Complies

Development should provide for the retention or planting of trees, where these are part of the character of the neighbourhood.

Development should provide for the replacement of any significant trees that have been removed in the 12 months prior to the application being made.

Complies

The landscape design should specify landscape themes, vegetation (location and species), paving and lighting.

Complies

Within the Residential Growth Zone schedule:70% of ground level front setback planted with substantial landscaping and canopy trees.

Complies

B14AccessTo ensure vehicle access to and from a development is safe, manageable and convenient.

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

Accessways should:

Be designed to allow convenient, safe and efficient vehicle movements and connections within the development and to the street network.

Be designed to ensure vehicles can exit a development in a forwards direction if the accessway serves five or more car spaces, three or more dwellings, or connects to a road in a Road Zone.

Be at least 3 metres wide. Have an internal radius of at least 4 metres at

changes of direction. Provide a passing area at the entrance that is at

least 5 metres wide and 7 metres long if the accessway serves ten or more spaces and connects to a road in a Road Zone.

33 per cent of the street frontage, or if the width of the street frontage is less than 20

metres, 40 per cent of the street frontage.

Complies

The width of accessways or car spaces should not exceed:

33% of the street frontage; or if the width of the street frontage is less than 20

metres, 40% of the street frontage.

Complies

No more than one single-width crossover should be provided for each dwelling fronting a street.

Complies

The location of crossovers should maximise the retention of on-street car parking spaces.

Complies

The number of access points to a road in a Road Zone should be minimised.

- N/A

Developments must provide for access for service, emergency and delivery vehicles.

Complies

Page 22668





B15Parking LocationTo provide convenient parking for resident and visitor vehicles.

To avoid parking and traffic difficulties in the development and the neighbourhood.

To protect residents from vehicular noise within developments.

Car parking facilities should:

Be reasonably close and convenient to dwellings and residential buildings.

Be secure. Be designed to allow safe and efficient

movements within the development. Be well ventilated if enclosed. Large parking areas should be broken up with

trees, buildings or different surface treatments.

Complies

Shared accessways or car parks of other dwellings and residential buildings should be located at least 1.5 metres from the windows of habitable rooms. This setback may be reduced to 1 metre where there is a fence at least 1.5 metres high or where window sills are at least 1.4 metres above the accessway.

Complies

Page 22669




Amenity Impacts Clause 55.04Title & Objective Standard Complies / Does Not Comply /


B17Side and Rear SetbacksTo 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.

A new building not on or within 150mm of a boundary should be set back from side or rear boundaries:

1 metre, plus 0.3 metres for every metre of height over 3.6 metres up to 6.9 metres, plus 1 metre for every metre of height over 6.9 metres.

Sunblinds, verandahs, porches, eaves, fascias, gutters, masonry chimneys, flues, pipes, domestic fuel or water tanks, and heating or cooling equipment or other services may encroach not more than 0.5 metres into the setbacks of this standard.

Landings having an area of not more than 2 square metres and less than 1 metre high, stairways, ramps, pergolas, shade sails and carports may encroach into the setbacks of this standard.

Complies

B18Walls on BoundariesTo 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.

A new wall constructed on or within 150mm of a side or rear boundary of a lot or a carport constructed on or within 1 metre of a side or rear boundary of lot should not abut the boundary for a length of more than:

10 metres plus 25 per cent of the remaining length of the boundary of an adjoining lot,

or Where there are existing or simultaneously

constructed walls or carports abutting the boundary on an abutting lot, the length of the existing or simultaneously constructed walls or carports, whichever is the greater.

A new wall or carport may fully abut a side or rear boundary where slope and retaining walls or fences would result in the effective height of the wall or carport being less than 2 metres on the abutting property boundary.

A building on a boundary includes a building set back up to 150mm from a boundary.

The height of a new wall constructed on or within 150mm of a side or rear boundary or a carport constructed on or within 1 metre of a side or rear boundary should not exceed an average of 3 metres with no part higher than 3.6 metres unless abutting a higher existing or simultaneously constructed wall.

Complies

B19Daylight to Existing WindowsTo allow adequate daylight into existing habitable room windows.

Buildings opposite an existing habitable room window should provide for a light court to the existing window that has a minimum area of 3 square metres and minimum dimension of 1 metre clear to the sky. The calculation of the area may include land on the abutting lot.

Complies

Walls or carports more than 3 metres in height opposite an existing habitable room window should be set back from the window at least 50 per cent of the height of the new wall if the wall is within a 55 degree arc from the centre of the existing window. The arc may be swung to within 35 degrees of the plane of the wall containing the existing window.

Where the existing window is above ground floor level, the wall height is measured from the floor level of the room containing the window.

Complies

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B20North Facing WindowsTo allow adequate solar access to existing north-facing habitable room windows.

If a north-facing habitable room window of an existing dwelling is within 3 metres of a boundary on an abutting lot, a building should be setback from the boundary 1 metre, plus 0.6 metres for every metre of height over 3.6 metres up to 6.9 metres, plus 1 metre for every metre of height over 6.9 metres, for a distance of 3 metres from the edge of each side of the window. A north-facing window is a window with an axis perpendicular to its surface oriented north 20 degrees west to north 30 degrees east.

Complies

B21Overshadowing Open SpaceTo ensure buildings do not significantly overshadow existing secluded private open space.

Where sunlight to the secluded private open space of an existing dwelling is reduced, at least 75 per cent, or 40 square metres with minimum dimension of 3 metres, whichever is the lesser area, of the secluded private open space should receive a minimum of five hours of sunlight between 9 am and 3 pm on 22 September.

If existing sunlight to the secluded private open space of an existing dwelling is less than the requirements of this standard, the amount of sunlight should not be further reduced.

Complies

B22OverlookingTo limit views into existing secluded private open space and habitable room windows.

A habitable room window, balcony, terrace, deck or patio should be located and designed to avoid direct views into the secluded private open space or habitable room window of an existing dwelling (horizontal 9m rule and from a height of 1.7m above ffl).

A habitable room window, balcony, terrace, deck or patio with a direct view should be either:

Offset a minimum of 1.5 metres from the edge of one window to the edge of the other.

Have sill heights of at least 1.7 metres above floor level.

Have fixed, obscure glazing in any part of the window below 1.7 metre above floor level.

Have permanently fixed external screens to at least 1.7 metres above floor level and be no more than 25 per cent transparent.

Complies

Obscure glazing in any part of the window below 1.7 metres above floor level may be openable provided that there are no direct views as specified in this standard.

Complies

Screens used to obscure a view should be:

Perforated panels or trellis with a maximum of 25 per cent openings or solid translucent panels.

Permanent, fixed and durable. Designed and coloured to blend in with the

development.

This standard does not apply to a new habitable room window, balcony, terrace, deck or patio which faces a property boundary where there is a visual barrier at least 1.8 metres high and the floor level of the habitable room, balcony, terrace, deck or patio is less than 0.8 metres above ground level at the boundary.

Complies

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B23Internal ViewsTo limit views into the secluded private open space and habitable room windows of dwellings and residential buildings within a development.

Windows and balconies should be designed to prevent overlooking of more than 50 per cent of the secluded private open space of a lower-level dwelling or residential building directly below and within the same development.

Complies

B24Noise ImpactsTo contain noise sources in developments that may affect existing dwellings.

To protect residents from external noise.

Noise sources, such as mechanical plant, should not be located near bedrooms of immediately adjacent existing dwellings.

Complies

Noise sensitive rooms and secluded private open spaces of new dwellings and residential buildings should take account of noise sources on immediately adjacent properties.

Complies

Dwellings and residential buildings close to busy roads, railway lines or industry should be designed to limit noise levels in habitable rooms.

- N/A

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On-Site Amenity and Facilities Clause 55.05Title & Objective Standard Complies / Does Not Comply /


B25AccessibilityTo encourage the consideration of the needs of people with limited mobility in the design of developments.

The dwelling entries of the ground floor of dwellings and residential buildings should be accessible or able to be easily made accessible to people with limited mobility.

Complies

B26Dwelling EntryTo provide each dwelling or residential building with its own sense of identity.

Entries to dwellings and residential buildings should:

Be visible and easily identifiable from streets and other public areas.

Provide shelter, a sense of personal address and a transitional space around the entry.

Complies

B27Daylight to New WindowsTo allow adequate daylight into new habitable room windows.

A window in a habitable room should be located to face:

An outdoor space clear to the sky or a light court with a minimum area of 3 square metres and minimum dimension of 1 metre clear to the sky, not including land on an abutting lot, or

A verandah provided it is open for at least one third of its perimeter, or

A carport provided it has two or more open sides and is open for at least one third of its perimeter.

Complies

B28Private Open SpaceTo provide adequate private open space for the reasonable recreation and service needs of residents.

A dwelling or residential building should have private open space consisting of:

Total of 40 square metres, one part to consist of secluded private open space to side or rear with a minimum area of 25 square metres and a minimum width of 3m

A balcony of 8 square metres, minimum width of 1.6 metres

A roof-top area of 10 square metres, minimum width of 2 metres.

All with convenient access from a living room.

Complies

B29Solar Access to Open SpaceTo allow solar access into the secluded private open space of new dwellings and residential buildings.

The private open space should be located on the north side of the dwelling or residential building, if appropriate.

Complies

The southern boundary of secluded private open space should be set back from any wall on the north of the space at least (2+0.9h) metres, where ‘h’ is the height of the wall.

Complies

B30StorageTo provide adequate storage facilities for each dwelling.

Each dwelling should have convenient access to at least 6 cubic metres of externally accessible, secure storage space.

Complies

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Detailed Design Clause 55.06Title & Objective Standard Complies / Does Not Comply /


B31Design DetailTo encourage design detail that respects the existing or preferred neighbourhood character.

The design of buildings, including:

Facade articulation and detailing, Window and door proportions, Roof form, and Verandahs, eaves and parapets, Should respect the existing or preferred

neighbourhood character.

Complies

Garages and carports should be visually compatible with the development and the existing or preferred neighbourhood character.

Complies

B32Front FencesTo encourage front fence design that respects the existing or preferred neighbourhood character.

The design of front fences should complement the design of the dwelling or residential building and any front fences on adjoining properties.

Complies

A front fence within 3 metres of a street should not exceed:

2m if abutting a Road Zone, Category 1. 1.5m in any other streets.

Within the Residential Growth Zone schedule:Maximum 1.5 metre height in streets in Road Zone Category 1, 1.2 metre maximum height for other streets.

Complies

B33Common PropertyTo 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.

Developments should clearly delineate public, communal and private areas.

Complies

Common property, where provided, should be functional and capable of efficient management.

Complies

B34Site ServicesTo ensure that site services can be installed and easily maintained.

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

The design and layout of dwellings and residential buildings should provide sufficient space (including easements where required) and facilities for services to be installed and maintained efficiently and economically.

Complies

Bin and recycling enclosures, mailboxes and other site facilities should be accessible, adequate in size, durable, waterproof and blend in with the development.

Complies

Mailboxes should be provided and located for convenient access as required by Australia Post.

Complies

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TOWN PLANNING APPLICATION - NO. 29 BRUCE STREET, DANDENONGPLANNING APPLICATION NO. PLN09/0778.01)

ATTACHMENT 5

CLAUSE 22.09 ASSESSMENT


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Assessment Table for Clause 22.09-3 Substantial change areas


Ground Floor All developments to have well articulated, active ground floor living areas.

Complies

Height Outside the Dandenong residential periphery – Up to 3 storeys, with 4 storeys a possibility where appropriate considering its interface with existing residential development, response to site circumstances and streetscape.

Complies

Bulk Building bulk and height can be relatively uniform throughout the depth of sites, provided appropriately articulated building elevations and well proportioned ground level setbacks are provided at the front, side and rear of buildings to allow for substantial landscaping to soften the built form.

Complies

Upper level tiering may be appropriate in some cases. However, tiered building profiles that result in excessive upper level setbacks should be avoided. Separation between upper levels of dwellings on a site is not generally needed, provided the building portrays a high standard of design and does not result in unreasonable amenity impacts.

Complies

Private open space High density developments should provide good quality, useable private open space for each dwelling which should be directly accessible to main internal ground level, living areas. Where appropriate and required, balconies and roof terraces will provide appropriate screening in the form of lightweight translucent screens that retain the usability and solar access to the space.

Complies

Car parking For more intensive developments comprising dwellings without a ground level component - basement or in building car parking to maximise the opportunity for soft landscaping at ground level. For developments comprising dwellings with a ground level component - all types of car parking should be well integrated into the design of the building, generally hidden from view from the existing streetscape or (where appropriate) on new streets created within a development and appropriately screened where necessary.

Complies

Front boundary Open or low scale front fences which allow a visual connection between landscaping in front gardens and street tree planting will be encouraged. Second crossovers on allotments with frontage widths below 17 metres will be discouraged.

Complies

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ATTACHMENT 6



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Car ParkingAssessment Table for Clause 52.06


Parking ProvisionTo ensure that car and bicycle parking for residents and visitors is appropriate to the needs of residents.

Car parking for residents should be provided as follows:

One space for each one or two bedroom dwelling. Two spaces for each three or more bedroom

dwelling, with one space under cover.

Studies or studios that are separate rooms must be counted as bedrooms.

One space for visitors to every 5 dwellings for developments of 5 or more dwellings

Complies

Design Standard 1 AccesswaysThe provision of car parking should meet the design requirements of this Clause.

Accessways should: Be at least 3 metres wide. Have an internal radius of at least 4 metres at

changes of direction or intersection or be at least 4.2 metres wide.

Allow vehicles parked in the last space of a dead-end accessway in public car parks to exit in a forward direction with one manoeuvre.

Provide at least 2.1 metres headroom beneath overhead obstructions, calculated for a vehicle with a wheel base of 2.8 metres.

Complies

If the accessway serves four or more car spaces or connects to a road in a Road Zone, the accessway must be designed so that cars can exit the site in a forward direction.

If an accessway to four or more car parking spaces is from land in a Road Zone, the access to the car spaces must be at least 6 metres from the road carriageway.

Complies

Provide a passing area at the entrance at least 5 metres wide and 7 metres long if the accessway serves ten or more car parking spaces and is either more than 50 metres long or connects to a road in a Road Zone.

Complies

Have a corner splay or area at least 50 per cent clear of visual obstructions extending at least 2 metres along the frontage road from the edge of an exit lane and 2.5 metres along the exit lane from the frontage, to provide a clear view of pedestrians on the footpath of the frontage road. The area clear of visual obstructions may include an adjacent entry or exit lane where more than one lane is provided.

Complies

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Design Standard 2Car parking spacesCar parking spaces and accessways should have minimum dimensions.

Minimum car park and accessway dimensions: Parallel – 2.3m x 6.7m with a accessway width of

3.6m 45 degrees – 2.6m x 4.9m with a accessway width

of 3.5m 60 degrees – 2.6m x 4.9m with a accessway width

of 4.9m 90 degrees – 2.6m x 4.9m with a accessway width

of 6.4m(refer to the table in 52.06 for more details)

Complies

A building may project into the space if it is at least 2.1 metres above the space.

Complies

Car spaces in garages, carports or otherwise constrained by walls should:-

Single garage 3.5m x 6m Double garage 5.5m x 6

- N/A

Design Standard 3GradientsAccessways to ensure safety for pedestrians and vehicles.

Accessway grades should not be steeper than 1:10 (10 per cent) within 5 metres of the frontage to ensure safety for pedestrians and vehicles.

Ramps (except within 5 metres of the frontage) should have the maximum grades of: 20 metres or less 1:4 (20%) Longer than 20 metres 1:5 (16.7%)

Complies

Design Standard 4Mechanical parking

Mechanical parking may be used to meet the car parking requirement provided: At least 25 per cent of the mechanical car parking

spaces can accommodate a vehicle clearance height of at least 1.8 metres.

Car parking spaces that require the operation of the system are not allocated to visitors unless used in a valet parking situation.

The design and operation is to the satisfaction of the responsible authority.

- N/A

Design Standard 5Urban Design

Ground level car parking, garage doors and accessways should not visually dominate public space.

Complies

Car parking within buildings (including visible portions of partly submerged basements) should be screened or obscured where possible, including through the use of occupied tenancies, landscaping, architectural treatments and artworks.

- N/A

Design Standard 6Safety

Car parking should be well lit and clearly signed. N/A

The design of car parks should maximise natural surveillance and pedestrian visibility from adjacent buildings.

N/A

Design Standard 7Landscaping

The layout of car parking areas should provide for water sensitive urban design treatment and landscaping.

- N/A

Landscaping and trees should be planted to provide shade and shelter, soften the appearance of ground level car parking and aid in the clear identification of pedestrian paths.

- N/A

Ground level car parking spaces should include trees planted with flush grilles. Spacing of trees should be determined having regard to the expected size of the selected species at maturity.

- N/A

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2.3.4 Town Planning Application – No. 57-59 Stud Road, Dandenong (PlanningApplication No. PLN15/0223)

322485File Id:


Submitted PlansObjectors’ locationsClause 52.06 Assessment

Attachments:

Application Summary

Ammache ArchitectsApplicant:

Use and development of the land for a Child Care Centre andalteration of access to a road in a Road Zone Category 1 (RDZ1).

Proposal:

Residential Growth Zone - Schedule 1, abuts RDZ1.Zone:

Design & Development Overlay - Schedule 3.Overlay:

Red Gum.Ward:

This application has been brought to a Council meeting as it has received two (2) objections.

The application proposes the use and development of a child care centre and alteration of access toa road in a Road Zone Category 1. Pursuant to the Greater Dandenong Planning Scheme, a planningpermit is required under:

Clause 32.07-1 for the use of a Child Care Centre.Clause 32.07-6 buildings and works associated with a Section 2 use.Clause 52.29 to create or alter access to a road in a Road Zone Category 1.

Objectors Summary

The application was advertised to the surrounding area through the erection of two (2) notices on-siteand the mailing of notices to adjoining and surrounding owners and occupiers. Two (2) objectionswere received to the application. Issues raised generally relate to matters of:

Traffic flow during pick/up drop off time to Stud Road & Ann StreetOvershadowingNoise from traffic and proposed useOverlooking from adjoining apartments into child care centre

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Assessment Summary

The assessment of the application found that the use of the site for a purpose built Child Care Centreis appropriate to the area in which it is located with generous street frontages to (Stud Road and AnnStreet) and overall size of the allotment. The location of the site within an established residential areaand its access to Stud Road strengthens the appropriateness of the use of the land for such a purpose.

The proposed use is not considered to result in adverse amenity impacts on the neighbouringresidential properties.

The development is respectful of the existing and preferred neighbourhood character by way of height,siting, design, mass and bulk. The development provides appropriate parking provision, and complieswith both the State and Local Planning Policy Framework.


As assessed, the proposal is consistent with and appropriately responds to the provisions of theGreater Dandenong Planning Scheme. The proposal appropriately responds to strategic policy forthe area with this report recommending that the application be supported, and a Notice of Decision(which provides appeal rights to objectors) to grant a permit be issued containing the conditions asset out in the recommendation.

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2.3.4 Town Planning Application – No. 57-59 Stud Road, Dandenong (Planning Application No.PLN15/0223) (Cont.)


Subject Site

The subject site is a corner allotment located on the eastern side of Stud Road and southernside of Ann Street.The lot is generally square in shape with a splayed corner and eastern frontage of approximately37.18 metres to Stud Road and side street frontage to the north of approximately 33.53 metresto Ann Street. Yielding an overall site area of 2000 square metres.In terms of topography the site is relatively flat and is devoid of any vegetation.The site is currently vacant/undeveloped land.Access to the site is provided via crossovers from Stud Road and Ann Street.A 1.52 metre wide drainage easement runs parallel along the southern (side) boundary.

Surrounding Area

The subject site is surrounded by residential properties (RGZ1) with various medical centres onthe eastern side of Stud Road.The directly adjoining western property is developed with a single dwelling fronting Ann Street.The directly adjoining southern property is developed with amulti-dwelling development consistingof 14 double storey dwellings fronting Stud Road.A notable feature within the immediate streetscape is the building located to the east on theopposite side of Stud Road, which contains a two storey medical centre (Dandenong SuperClinic) with an approximate height of 8.5 metres.Existing residential properties directly to the north on the opposite side of Ann Street consist ofsingle and double storey dwellings.Dandenong Activity Centre is located approximately 480 metres to the south/west.

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Locality Plan

Background


A search of Council records revealed that Council has previously considered the following planningapplications for the site:

PLN08/0817 – was issued on 16 December, 2009 for the development of a four (4) storeyapartment building comprising 31 dwellings with basement car parking. An application for anextension of time was refused on 4 October, 2013 as it was received after the deadline forconsideration of extensions of time for expired permits.PLN14/0148 – was refused on 23 April, 2015 for the construction of a four (4) storey buildingcontaining 31 dwellings with basement car parking. The proposal was identical to the aboveapproved application, however given the extensive change in policy since the above permit wasissued, the application resulted in a refusal.

Subject Application

The current application was lodged with Council on 16 April, 2015.

A request pursuant to Section 54 of the Planning & Environment Act 1987 for further information wassent to the applicant on 11 May, 2015.

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The application was subsequently amended on 21 July, 2015 in response to Councils request forfurther information which now forms the current proposal being assessed.

Proposal

The application proposes: the use and development of a child care centre and alteration of accessto a road in a Road Zone Category 1.

Key details of the proposal are as follows:

Use

It is proposed to use the subject site as a child care centre.

The proposed hours of operation are: 6.00am to 7.00pm Monday to Friday.

Maximum number of children: 111

Maximum number of staff: 16.

The centre will cater for 0 months to 5 year olds.

Development

The proposed building will be two storeys with a maximum building height of 8.55 metres abovenatural ground level with a metal skillion roof.

The building will be setback a minimum of:

4.99 metres from Stud Road4.33 metres to the south2.04 metres to the west5 metres to Ann Street

The front of the building is orientated to Ann Street with a main ground floor outdoor play area proposedto the eastern side adjacent to the Stud Road boundary with return to the southern boundary. Internalareas have been divided into sections corresponding to the child’s age group with a second outdoorplay area surrounding the first floor bounded by a 1.7 metre high balustrade.

A new 1.8 metre high timber and brick panel fence is proposed along the Stud Road boundary withside return to Ann Street to enclose the outdoor area. The front of the site to Ann Street will generallybe open to the street with landscaping areas provided.

The building will be clad in a mixture of render and alucobond cladding with an 8 degree metal pitchedskillion roof.

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Car Parking/Vehicle Access

Access to the site is proposed via Ann Street via a 6.53 metre wide access way to undercover carparking located at ground level.

A total of 29 car spaces are proposed including 12 staff car spaces and 1 disabled space. The staffcar spaces are located in the south/east corner of the site in a tandem layout.

Whilst access to the subject site from Stud Road is not proposed the existing crossover will be removedentirely and reinstated with kerb and channel.

Pedestrian access

A main front pedestrian entry is proposed from Ann Street with a secondary entry point internally viathe car park area.

A copy of the submitted plans is included as Attachment 1.

Victorian Charter of Human Rights and Responsibilities

All matters relevant to the Victorian Human Rights Charter have been considered in the preparationof this Policy and are consistent with the standards set by the Charter.

Financial Implications

No financial resources are impacted by this report.

Planning Scheme and Policy Frameworks

Pursuant to the Greater Dandenong Planning Scheme, a planning permit is required:

Clause 32.07-1 for the use of a Child Care Centre.Clause 32.07-6 buildings and works associated with a Section 2 use.Clause 52.29 to create or alter access to a road in a Road Zone Category 1.

The relevant controls and policies are as follows:

Zoning Controls

The subject site is located in a Residential Growth Zone - Schedule 1, as is the surrounding area.

The purpose of the Residential Growth Zone outlined at Clause 32.07 is:

To implement the State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement and local planning policies.To provide housing at increased densities in buildings up to and including four storey buildings.To encourage a diversity of housing types in locations offering good access to services andtransport including activities areas.

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To encourage a scale of development that provides a transition between areas of more intensiveuse and development and areas of restricted housing growth.To allow educational, recreational, religious, community and a limited range of othernon-residential uses to serve local community needs in appropriate locations.

Pursuant to Clause 32.07-1, a permit is required for the use of a Child Care Centre and pursuant toClause 32.07-6 for buildings and works associated with a Section 2 use.

Stud Road to the east is a Road Zone Category 1.

The purpose of the Road Zone outlined at Clause 36.04 is:

To implement the State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement and local planning policies.To identify significant existing roads.To identify land which has been acquired for a significant proposed road.

Pursuant to Clause 52.29 a permit is required to create or alter access to a road in a Road ZoneCategory 1.

It is noted that whilst no access to the subject site is proposed from Stud Road, the existing crossoveris to be removed entirely and reinstated with kerb and channel, therefore a permit is required to alterthe access to a road zone under RDZ1.

Overlay Controls

The subject site and surrounding area is affected by the following overlay:

Design and Development Overlay Schedule 3 – Dandenong Hospital Flight Path Protection(outer).

A permit is not required for the proposed buildings and works as they have a height less than 62.9metres above the Australian Height Datum.

State Planning Policy Framework

The Operation of the State Planning Policy Framework outlined at Clause 10 seeks to ensure thatthe objectives of planning in Victoria are fostered through appropriate land use and developmentplanning policies and practices which integrate relevant environmental, social and economic factorsin the interests of net community benefit and sustainable development. The objectives of Planningin Victoria are noted as:

To provide for the fair, orderly, economic and sustainable use, and development of land.To provide for the protection of natural and man-made resources and the maintenance ofecological processes and genetic diversity.To secure a pleasant, efficient and safe working, living and recreational environment for allVictorians and visitors to Victoria.

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To conserve and enhance those buildings, areas or other places which are of scientific, aesthetic,architectural or historical interest, or otherwise of special cultural value.To protect public utilities and other facilities for the benefit of the community.To facilitate development in accordance with the objectives set out in paragraphs (a), (b), (c),(d) and (e).To balance the present and future interests of all Victorians.

In order to achieve those objectives, there are a number of more specific objectives contained withinthe State Planning Policy Framework that need to be considered under this application.

Clause 11 - Settlement

Clause 11 states that planning is to anticipate and respond to the needs of existing and futurecommunities through provision of zoned and serviced land for housing, employment, recreation andopen space, commercial and community facilities and infrastructure.

Clause 15 – Built Environment and Heritage

This clause seeks the development and maintenance of communities with adequate and safe physicaland social environments for their residents, through the appropriate location of uses and developmentand quality of urban design.

Clause 17 – Economic Development

Under this Clause, it notes that planning is to provide for a strong and innovative economy, whereall sectors of the economy are critical to economic prosperity, and planning is to contribute to theeconomic well-being of communities and the State as a whole by supporting and fostering economicgrowth and development by providing land, facilitating decisions, and resolving land use conflicts sothat each district may build on its strengths and achieve its economic potential.

Clause 17.01-1 (Business) has the objective to encourage development which meets the community’sneeds for retail, entertainment, office and other commercial services and provides net communitybenefit in relation to accessibility, efficient infrastructure use and the aggregation and sustainabilityof commercial facilities.

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Local Planning Policy Framework

The Local Planning Policy Framework (LPPF) includes the Municipal Strategic Statement (MSS) andLocal Policies. The following local planning policies are relevant to this application:

A Vision for Greater Dandenong is outlined atClause 21.03. Included in the vision are the followingpoints of relevance:

A municipality where, central Dandenong, major activity centres, other neighbourhood and localcentres function as activity centres where high quality, appropriate, high to medium housingexists in harmony with a thriving and well-managed retail and commercial sector.A municipality where, housing diversity and choice is promoted in its various attractiveneighbourhoods.

The objectives and strategies of the MSS are under four (4) main themes including: land use; builtform; open space and natural environment; and, infrastructure and transportation (consideredindividually under Clauses 21.04 to 21.07). Of particular relevance to this application are Clauses21.04 (Land Use) and 21.05 (Built Form).

Clause 21.04 Land Use contains the following objectives and strategies which are of relevance tothe current application:

5. To protect the amenity of residential areas adjacent to particular uses and protect

sensitive particular uses from residential development.

5.3. Discourage non-residential uses except along main roads or collector roads or on

corner sites.

Clause 21.05 Built Form contains the following objectives and strategies which are of relevance tothe current application:

1. To facilitate high quality building design and architecture.

1.1. Ensure building design is consistent with the preferred character of an area and fullyintegrates with surrounding environment.

1.2. Encourage high standards of building design and architecture, which allows for flexibilityand adaptation in use.

1.3. Encourage innovative architecture and building design.

2. To facilitate high quality development, which has regard for the surrounding environment and builtform.

2.2. Promote all aspects of character – physical, environmental, social, and cultural.

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2.3. Encourage planting and landscape themes, which complement and improve theenvironment.

2.4. Encourage developments to provide for canopy trees.

2.5. Recognising valued existing neighbourhood character and promoting desired futurecharacter as defined in the Residential Development and Neighbourhood Character Policy atClause 22.09.

7. To protect and improve streetscapes.

7.1. Ensure that new developments improve streetscapes through generous landscape setbacksand canopy tree planting.

7.2. Ensure landscaping within private property that complements and improves the streetscapesand landscaping of public areas.

8. To ensure landscaping that enhances the built environment.

8.1. Encourage new developments to establish a landscape setting, which reflects the localand wider landscape character.

8.2. Encourage landscaping that integrates canopy trees and an appropriate mix of shrubs andground covers and complements and integrates with existing or proposed landscaping in publicareas.

9. To ensure a co-ordinated approach to sign design and placements, in commercial, industrial,residential areas and along road corridors.

9.1. Ensure that the design and placement of new signs considers the cumulative impact

of existing signs on the host building, adjoining buildings and the streetscape.

9.4. Ensure signs in residential areas do not dominate the building, the site and the

streetscape.

Particular Provisions

Clause 52.06 Car Parking needs to be considered under the current application. The purposes ofthis provision are:

To ensure that car parking is provided in accordance with the State Planning Policy Frameworkand Local Planning Policy Framework.To ensure the provision of an appropriate number of car parking spaces having regard to thedemand likely to be generated, the activities on the land and the nature of the locality.To support sustainable transport alternatives to the motor car.

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To promote the efficient use of car parking spaces through the consolidation of car parkingfacilities.To ensure that car parking does not adversely affect the amenity of the locality.To ensure that the design and location of car parking is of a high standard, creates a safeenvironment for users and enables easy and efficient use.

Clause 52.06 applies to a new use.

The table at Clause 52.06-5 sets out the car parking requirement that applies to the use of land fora Child Care Centre requiring 0.22 car spaces to each child.

The application includes the required number of car spaces with no reduction sought.

An application must meet the Design standards for car parking included at Clause 52.06-8.

An assessment against this clause is included as Attachment 3.

Clause 52.29 Land adjacent to a road zone Category 1, or a Public Acquisition Overlay for a Category1 Road also needs to be considered under the current application. The purpose of this provision are:

To ensure appropriate access to identified roads.To ensure appropriate subdivision of land adjacent to identified roads.

A permit is required to:

Create or alter access to a road in a Road Zone, Category 1.

The proposal includes the removal of the existing crossover on Stud Road and reinstatement of thekerb and channel.

An application to create or alter access to, among other things, must be referred to the RoadsCorporation under Section 55 of the Act.

General Provisions

Clause 65 – Decision Guidelines needs to be considered, as is the case with all applications. For thisapplication the requirements of Clause 65.01 for the approval of an application or plan is of relevance.This Clause outlines the requirements that the responsible authority must consider when determiningthe application.

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Restrictive Covenants

The subject site is encumbered by the following restrictive covenant as registered on the Certificateof Title:

Covenant 1910986

The covenant relates to ‘the restriction of the removal or excavation of any earth, clay, stone, gravelor sand from the site except for the purpose of excavating for the foundations of any buildings on theland or use the land for the manufacturing or winning or bricks, tiles or pottery ware’.

The proposed use and development of a child care centre does not contravene the requirements ofthe restrictive covenant.

Council Plan 2013-2017 – Strategic Objectives, Strategies and Plans

The Council Plan describes the kind of future the Council is working for, and how Council will do thisover four years. In accordance with the commitment in Council’s Annual Plan, all applications areconsidered on their merits.

Diversity (Access & Equity)

It is not considered that the proposal raises any diversity issues affecting the planning assessmentof this application.

Community Safety

It is considered that there would be no adverse community safety implications in permitting theproposal.

Safe Design Guidelines

Consideration of the relevant requirements of these Guidelines has been undertaken within theAssessment of this application.

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Referrals

External

The application was required to be referred to VicRoads pursuant to Section 55 of the Planning andEnvironment Act 1987. The comments provided will be considered in the assessment of the application:

Advice/Response/ConditionsExternal Referrals

No objection subject to conditions being placedon any permit issued & the description of thepermit application be altered to include thealteration of access to a road in a road zonecategory 1.

VicRoads

It is noted that the application has since been amended to include the ‘change of access from roadin a road zone’ within the proposed permit descriptor.

Internal

The application was internally referred to Council’s Health, Civil, Urban Design departments, Waste& Cleansing Services & Transport Planning for their consideration. The comments provided will beconsidered in the assessment of the application and are as listed below:

Advice/Response/ConditionsCouncil Referrals

A Permit could be granted with Conditions regarding food storage/preparation & handling.

Health Department

A Permit could be granted with Conditions regarding drainage,stormwater discharge, vehicle crossing & civil works.

Civil Development

Generally supportive of the Child Care Centre however some urbandesign concerns with outdoor areas and landscaping - these arediscussed further under the assessment.

Urban Design

No objections, waste generation rates adequate.Waste & cleansingservices

A Permit could be granted with Conditions regarding construction ofcrossings, line marking and signage, and construction of car parkingareas.

Transport Planning

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Advertising

The application has been advertised pursuant to Section 52 of the Planning and Environment Act1987, by:

Sending notices to the owners and occupiers of adjoining land.Placing two (2) signs on site; one (1) on Stud Road and one (1) on Ann Street.



The location of the objectors / submitters is shown in Attachment 2.

Consultation

A consultative meeting was held on 12 November, 2015 with the applicant, objectors and Councilrepresentatives in attendance. Whilst the issues were discussed at length there was no resolutionand the objections/submissions stand as received.



Traffic flow during pick/up drop off time to Stud Road & Ann Street

The subject site is a corner allotment with the proposed development fronting Ann Street, vehicleaccess into and from the site will be via Ann Street. Ann Street has both a right hand and left handturn lane into Stud Road and it is anticipated that vehicles leaving the subject site will be able to exitboth right and left without significantly impacting upon the existing traffic flow.

The applicant has provided a Traffic Impact Assessment by TTM Consulting Pty Ltd, the reportindicates that “based on the location of the site with respect the local street network, it is estimatedthat at least 30 percent of traffic will approach from the west on Ann Street and an even greaterpercentage, perhaps up to 50 percent will depart to the west on Ann Street, thus avoiding a right turninto Stud Road”.

The report provides justification based on other child care centres which indicates that pick up anddrop off times will vary being spread from around 6am to 11am.

Pursuant to Clause 52.06 - Car Parking under the Greater Dandenong Planning Scheme, a rate of0.22 car spaces to each child is required, as the proposal is for a maximum of 111 children, 24 spacesare required to be provided on site, the proposal exceeds this with 29 car spaces therefore complyingwith the car parking requirements. Further parking is provided along both sides of Ann Street withdesignated parking areas with no on street parking restrictions.

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The application was referred to Council's Transport Planning Unit which advised that “It appears thatthe worst vehicle movement is from the eastern approach to the Ann/Stud intersection, but this is aresult from Stud Rd traffic as opposed to traffic generated by the development”.

Overshadowing - the adjoining resident to the west at 76 Ann Street has raised concernsregarding overshadowing

The applicant has provided overshadowing diagrams as part of the application which indicate thatthere will be minimal overshadowing within the morning from the proposed development onto theobjector’s property.

The proposed building has a setback of 2.04 metres to the ground floor and a first floor setback of8.35 metres to the wall with a maximum height of 8.4 metres to the western elevation. Overshadowingencroaches slightly onto the objector’s property with the dwelling and area of private open space stillreceiving a reasonable amount of sunlight throughout the day in accordance with Standard B21 ofClause 55.

Noise from traffic and proposed use - the objector at 76 Ann Street has raised concernsregarding noise from traffic and users of the centre.

Whilst it is acknowledged that there will be some noise associated with the use given the proposedhours of operation (6am to 7pm Monday to Friday) and the overall scale of the centre the extent ofnoise associated with the use is considered reasonable to allow.

The proposed development has been sufficiently designed to incorporate measures to reduce anypotential amenity impacts on the adjoining residential properties to the south and west through theuse of appropriate setbacks (8.5m proposed from the first floor to the western boundary) and acousticbalustrade to the first floor play area which will assist in buffering any potential noise associated withthe use.

A condition of the permit will require an acoustic report detailing appropriate measures to reduce anypotential noise impacts on the adjoining residential properties such as acoustic fencing.

Overlooking from adjoining apartments into child care centre – concerns have been raisedthat the adjoining southern dwellings will overlook the centre potentially affecting thesafety of the children.

The proposed development will have a setback of 4.4 metre from the southern boundary to the firstfloor which along with a 1.7 metre high balustrade will assist in providing some privacy to the proposedcentre, however there is no requirement for screening of a child care centre from adjoining properties.

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Assessment

Consistency with State Planning Policies, MSS & Local Planning Policies

The subject site is located within an established residential area and is strategically located beingwell suited for the proposed use given its corner position with dual frontages to Stud Road and AnnStreet. The location of the site provides an easily identifiable site with convenient access for parentsdropping off their children on their way to work.

The proposal is considered to be consistent with the objectives of the State & Local Planning Policesas the development has been designed to achieve a high standard of amenity and sustainability whilstcontributing to a cohesive community. The site is well-located in relation to infrastructure, services,facilities, and public transport options and will provide an overall positive contribution to the localeconomy.

Development of increased scale and density should have appropriate regard to the established andpreferred neighbourhood character of the surrounding area and it is considered that the proposedchild care centre is appropriate having regard to the surrounding residential environment. The subjectsite is devoid of any significant vegetation and is of a relatively flat land topography located within anexisting established residential area ensuring that there are minimal environmental impacts from theproposed development.

Whilst the development is not subject to the requirements of Clause 22.09 – Residential Developmentand Neighbourhood Character Policy it has been designed to be respectful of the existingneighbourhood character whilst also providing a clearly identifiable building appropriate for theproposed use as discussed as follows.

Use

Clause 21.04-1 of the Councils Local Planning Policy on land use identifies that “it is important torecognise that there is a need for a balance between economic development, a vibrant and diversecommunity and a sustainable living environment”.

A non-residential use on a site on a main road is also supported under Clause 21.04 of the GreaterDandenong Planning Scheme which focuses on land use where objectives look at ensuring residentialamenity is protected.

In ensuring that amenity is protected, the hours of operation and potential off-site amenity impactsassociated with such a use need to be considered.

The proposal for the child care centre on the subject site is considered appropriate in terms of theproposed hours of operation which are generally consistent with normal business hours (6am to 7pmMonday to Friday) this ensures that the amenity of the surrounding residential neighbourhood is notadversely affected by the proposed business.

As mentioned the subject site is well placed in terms of access to a main road (Stud Road) withneighbouring existing medical facilities located along the eastern side of Stud Road.

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Whilst the application proposes a non-residential use on residentially zoned land, these types ofapplications require a balance of sometimes competing policies to achieve a desirable outcome thatis one of net community benefit.

The siting of non-residential uses such as the proposed child care centre within established residentialareas can be of some benefit to adjoining residences being that outside of their core business hoursthese facilities present as a benign use resulting in these uses being quieter than residential dwellingsparticularly outside of business hours.

However it is important that these types of proposals do not result in an unreasonable cluster ofnon-residential uses, and it is not considered that by supporting the proposal that it will result in acumulative impact on the surrounding residential amenity given the established surrounding residentialarea.

The building is sufficiently setback from the adjoining residential interfaces to the south and west andconditions can be placed on any permit issued in relation to restrictions in terms of hours of operation,number of staff and number of children to ensure the amenity of the surrounding residential area ismaintained.

Development

Whilst the site is located within a residential area there are commercial developments within proximityof the site. It is considered that the application has taken into account the massing of both the abuttingresidential developments and that of the commercial in the area in formulating a design response.The proposal seeks to preserve and enhance the valued aspects of urban character and amenitywithin the streetscape.

The building is double storey with a maximum building height of 8.55 metres which is consistent withthe existing neighbourhood character which is one of single and two storey development. The designof the building maintains a consistent building height which is in scale with the existing residentialdevelopment directly to the north and south of the subject site as well as the commercial (medicalcentre) building to the east.

The building has incorporated design elements of the adjoining residential developments and adjacentmedical centres along the eastern side of Stud Road through the use of a skillion metal roof withgenerous window fenestration incorporated throughout the elevations.

The building is well articulated through use of varying building materials and a recessed first floorwhich assists in breaking up the visual bulk of the building. The first floor has a setback of 9 metresfrom Stud Road to the east and a staggered setback of 5 metres before increasing to 8.9 metres toAnn Street. A setback of between 8.5 to 10 metres has been provided to the first floor adjoining theresidential developments to the south and west.

The development is of a contemporary design reflective of the intended use of the site as a child carecentre whilst also being mindful of the surrounding residential built form. The building has beendesigned with a mixture of external finishes and colours providing an appropriate degree of visualinterest whilst also providing elements of articulation which minimise the perception of bulk and providea level of visual interest to the street interfaces.

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The building has been orientated towards Ann Street with a setback of 5 metres from the front boundarywhich is generally consistent with the streetscape thereby maintain the prevailing street setback. Thepublic realm is further improved with landscaping between the building and front boundary with areasof planting to enhance the streetscape.

The entry to the proposed building is easily identifiable from Ann Street with appropriate glazed areasto the east of the building facing Stud Road providing passive surveillance to the streetscape. It istherefore considered that the application is appropriate with regard to the pedestrian environment.

A new 1.8 metre high brick and timber panel fence is proposed along the eastern elevation to StudRoad, the choice of varying materials breaks up the appearance of the fence on the streetscapewhilst providing a barrier between the street and proposed outdoor play area. The presentation toStud Road is consistent with the directly adjoining residential development to the south as well asothers along Stud Road which contain fences of varying heights and materials.

The design and built form of the development is sustainable, appropriately responding to the characterof its location whilst also provoking a sense of community.

Landscaping

The development provides meaningful well placed landscaping adjacent to the streetscape frontingAnn Street. The setback of the building will allow for a reasonable level of landscaping which willassist in softening the appearance of built form when viewed from the streetscape whilst contributingto the landscape qualities of the site and surrounding area.

Initial concerns raised by Councils Urban Design Department requiring more detail in terms of thesetbacks of the outdoor areas to the east and south have since been provided by the applicant andare considered reasonable, these areas allow sufficient setbacks from Stud Road and the adjoiningresidential properties to achieve a reasonable level of privacy to the centre.

Councils Urban Design Department also raised some initial concerns in relation to lack of detail forshading devices and landscaping which have also since been addressed with the applicant advisingthat overhanging eaves will provide a level of shade to the outdoor areas whist specific shadingdevices will be at the discretion of any future prospective tenants. A landscape plan was also submittedas part of the response to Councils request for further information.

The landscape plan submitted with the application and overall design of the building facilitates anopen, spacious and well landscaped presentation to Ann Street. The landscape plan is consideredreasonable to allow and can be endorsed as part of any permit conditions.

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Car Parking

Pursuant to Clause 52.06-5 the following table shows the required number of car spaces for theproposed development:

Requiredspaces

Proposed No. Of childrenRateType

241110.22 to each childChild Care Centre

24Total required spaces

29Proposed spaces

The proposal provides an adequate number of well-located vehicle parking on site for the use whichis consistent with the requirements of clause 52.06 of the planning scheme.

The proposal provides 29 car spaces on site which exceeds the required number of spaces. Of the29 car spaces provided on the site 12 of these will be allocated for staff parking in a tandem layoutat the rear of the building.

Access to and from the site will be via Ann Street from both a left hand and right hand turn entry pointinto and from the site. The existing crossover on Ann Street will be slightly relocated and increasedto a width of 6.5 metres. As the proposal provides an excess of the required car spaces one of thesespaces adjacent to the entry can be conditionally required to be deleted to provide an increased entry/exit point to the site which will assist in facilitating more space for vehicles to safely exit the sitepreventing the build up of any queuing on site.

On street parking is provided within the surrounding area with designated parking bays on both sidesof Ann Street and no on street parking restrictions.

The applicant has provided a Traffic Impact Assessment by TTM Consulting Pty Ltd, which indicatesthat “based on the location of the site with respect the local street network, it is estimated that at least30 percent of traffic will approach from the west on Ann Street and an even greater percentage,perhaps up to 50 percent will depart to the west on Ann Street, thus avoiding a right turn into StudRoad”.

The application was referred to Council's Transport Planning Unit which advised that “it appears thatthe worst vehicle movement is from the eastern approach to the Ann/Stud intersection, but this is aresult from Stud Rd traffic as opposed to traffic generated by the development”. Council’s TransportPlanning Unit whilst initially having some concerns with the impact of the proposal on the existingroad network in relation to additional parking demands on-street, is generally supportive of theapplication recommending a permit can be issued subject to conditions. As the proposal provides allof the required car spaces on site it is unreasonable to not be supportive of the application purelybased on the initial concerns of the Transport Planning Unit.

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No access is proposed to the site from Stud Road with the existing crossover on Stud Road beingremoved and reinstated with kerb and channel. The application was referred to VicRoads which hadno objection to the proposal subject to conditions requiring the removed of the crossover on StudRoad, which can be included as conditions on any permit issued.

Overall the extent of traffic generated from the proposed development is predicted to be within thecapacity of the existing local traffic network and it is not considered that the development will generateany adverse impacts on the safe and efficient operation of the surrounding road network. The carparking is considered to satisfy the needs of the users without detriment to the local amenity. Theland provides adequate access arrangements and the required onsite parking in accordance withthe requirements of the Greater Dandenong Planning Scheme.

Conclusion

The application has been assessed against the relevant sections of the Greater Dandenong PlanningScheme, including the State and Local Planning Policy Framework, and Municipal Strategic Statementas set out in this assessment. It is considered that the application complies with these policies.

It is recommended that Council having considered all the matter required under Section 60 of thePlanning and Environment Act 1987 decides to Issue a Notice of Decision to Grant a Planning Permitsubject to conditions.

Recommendation

That Council resolves to issue a Notice of Decision to grant a permit in respect of the landknown and described as 57-59 Stud Road, Dandenong, for the use and development of theland for a child care centre, and alteration of access to a road in a Road Zone – Category 1in accordance with the plans submitted with the application subject to the followingconditions:

Before the development starts, two (2) copies of amended plans drawn to scale anddimensioned, must be submitted to the Responsible Authority for approval. Nobuildings or works must be commenced until the plans have been approved and

1.

endorsed by the Responsible Authority. The endorsed copy of the plans forms partof this permit. The plans must be in accordance with the plans submitted with theapplication, but modified to show:

The maximum number of children as indicated on the plans and throughthe room allocation is to be 111 children.

1.1.

The deletion of car space No. 18 in the rear (south/west) corner of the siteto allow for vehicles to manoeuvrer and exit the site in a forwards directionin the event the car park is full.

1.2.

The timber inserts to the fence to Stud Road to be semi-transparent.1.3.

Materials and colours schedule.1.4.

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An Acoustic Report in accordance with Condition 2.1.5.

Prior to the endorsement of plans under Condition 1, two (2) copies of an acousticreport prepared by a suitably qualified acoustic engineer must be submitted to theResponsible Authority for approval. When approved, the report will be endorsedand will then form part of the permit. The report must:

2.

Identify all potential noise sources associated with the subject premisesthat will impact on adjoining noise sensitive premises;

2.1.

Provide details of all noise control measures to be incorporated into thedevelopment such as acoustic fencing.

2.2.

Once approved, the development must be constructed in accordance with therecommendations of the endorsed acoustic report to the satisfaction of theResponsible Authority.

Before the use begins and the building is occupied an acoustic fencemust be erectedalong the southern and western boundaries of the site in accordance with therecommendations made in the acoustic report, all at the cost of the owner andthereafter maintained to the satisfaction of the Responsible Authority.

3.

The design of the fence must be prepared in consultation by a suitably qualifiedacoustic engineer. The details of the design and acoustic qualities of the fencemustbe to the satisfaction of the Responsible Authority.

Prior to the commencement of the development, an Environmentally SustainableDevelopment Plan (ESD Management Plan) prepared by a suitably qualifiedenvironmental engineer or equivalentmust be submitted to theResponsible Authorityfor approval. Once approved the Plan will be endorsed and form part of the Permit.

4.

The ESDManagement Planmust address, but is not limited to the following:4.1.Energy Management;Water Conservation and Re-use;Demolition and ConstructionWaste Management, including that of thevegetation to be removed.

Where appropriate the ESD Management Plan should:4.2.Identify relevant statutory obligations, strategic or other documentedsustainability targets or performance standards.Document the means by which the appropriate target or performancewill be achieved.

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Identify responsibilities and a schedule for implementation and ongoingmanagement, maintenance and monitoring.Demonstrate that the design elements, technologies and operationalpractices that comprise the ESD Management Plan can be maintainedover time.

All to the satisfaction of the Responsible Authority.

The approved ESD Management Plan must be implemented to the satisfaction ofthe Responsible Authority.

Prior to the commencement of the development hereby approved, the owner mustsubmit a Construction Management Plan to the Responsible Authority for approval.When approved, the Plan will be endorsed and then form part of the Permit.

5.

The Construction Management Plan must include details on how the constructionwill be undertaken so it has minimal impact on the environment and surroundingarea. Details to be provided in the Plan must include:

Details pertaining to the access and parking of staff, visitors andconstruction workers to the site, with the provision of a drop-off zone andemergency service access to the site;

5.1.

Details as to how traffic and pedestrian safety and amenity will be controlledwithin the vicinity of the site and its surrounds;

5.2.

Measures to minimise and control noise, vibrations and dust fromconstruction works;

5.3.

Measures to minimise the impact of construction vehicles arriving at anddeparting from the land; and

5.4.

Measures to minimise the creation of conditions likely to be a nuisance.5.5.


Prior to the occupation of the building approved by this permit, an appropriatestormwater discharge arrangement from the sitemust be designed and constructedto the satisfaction of the Responsible Authority. When required, fees for planchecking and supervision must be paid to the Responsible Authority.

6.

The layout of the site and size, design, location and use of the buildings and workspermitted must always be in accordance with the endorsed plans, unless with thewritten consent of the Responsible Authority.

7.

Once the development has started, it must be continued and completed in accordancewith the endorsed plans, to the satisfaction of the Responsible Authority.

8.

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Once the use has commenced the continued use of the premises for the permittedpurpose must be to the satisfaction of the Responsible Authority.

9.

The use as shown on the endorsed plan/smust not be altered unless with the writtenconsent of the Responsible Authority.

10.

The building hereby approved must not be occupied until all buildings and worksand the conditions of this permit have been complied with, unless with the writtenconsent of the Responsible Authority.

11.

The use must only operate between the hours of:12.

Monday to Friday: 6:00am – 7:00pm.

Unless with the written consent of the Responsible Authority.

Nomore than sixteen (16) staff members shall be on the Child Care Centre premisesat any one time, unless with the written consent of the Responsible Authority.

13.

No more than one hundred and eleven (111) children may be cared for on the siteat any one time, unless with the written consent of the Responsible Authority.

14.

The operation of the Child Care Centre hereby approved must comply with noiselimits set under the Association of Australian Acoustic Consultants (AAC) TechnicalGuidelines ‘Child Care Centre Noise Assessment’.

15.

The use hereby approved must not commence and the subject site must not beoccupied for that use until all buildings and works and conditions of this permithave been complied with, unless with the written consent of the ResponsibleAuthority.

16.

No external sound amplification equipment or loud speakers are to be used for thepurpose of announcement, broadcast, playing of music or similar.

17.

Provision must be made for the drainage of the site including landscaped andpavement areas, all to the satisfaction of the Responsible Authority.

18.

The connection of the internal drainage infrastructure to the LPD must be to thesatisfaction of the Responsible Authority, prior to the issue of land upgrade Approval.Collected stormwater must be retained onsite and discharged into the drainage

19.

system at pre development peak discharge rates as stated in the LPD approval letter.Approval of drainage plan including any retention system within the propertyboundary is required.

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Access to the site and any associated roadwork must be constructed, all to thesatisfaction of the Responsible Authority. The redundant vehicle crossing alongStudRoadmust be removed and kerb and channel reinstated. Removal of the existing

20.

vehicle crossing and construction of the new vehicle crossing will require a VehicleCrossing Permit. An existing street tree is within close proximity of the proposedvehicle crossing. Removal or relocation of the tree will require approval by theCouncil arborist. All works, including kerb and channel reinstatement shall be inaccordance with Council Standards.

Any works undertaken within the road reservation and easements will require thedeveloper to obtain a Civil Works Permit from Council.

21.

Standard concrete vehicular crossing/s must be constructed to suit the proposeddriveway/s in accordance with the Council's standard specifications and any vehiclecrossing/s no longer requiredmust be removed and the land, footpath and kerb andchannel reinstated, all to the satisfaction of the Responsible Authority.

22.

The car parking area must be lit if in use during hours of darkness, and all lightsmust be designed, fitted with suitable baffles and located to prevent any adverseeffect on adjoining land, all to the satisfaction of the Responsible Authority.

23.

Letterboxes and all other structures (including fencing and landscaping) should beconstructed to a maximum height of 900mm or relocated clear of a splayed area(2m x 2.5m) along the frontage road at access points in accordancewith DandenongPlanning Scheme Clause 52.06-8.

24.

All piping and ducting above the ground floor storey of the building, except fordownpipes and spouting, shall be concealed to the satisfaction of the ResponsibleAuthority.

25.

Service units, including air conditioning/heating units, must not be located on thefirst floor outdoor play ground areas.

26.

Before the occupation of the building hereby approved, the area(s) set-aside for theparking of vehicles, and access lanes, as shown on the endorsed plans must be:

27.

Constructed in accordance with the endorsed plan/s and in accordancewith Clause 52.06.

a)

Properly formed to such levels that they can be used in accordance withthe plans.

b)

Surfaced with an all-weather sealcoat.c)

Drained to the legal point of discharge.d)

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

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Provided with wheel stops to the front of each car parking space designedto meet Australian Standards AS2890.1 – 2004, Parking facilities, Part 1:Off-street car parking.

f)

To the satisfaction of the Responsible Authority.

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

28.

Prior to the occupation of the building hereby permitted, all landscaping as shownon the endorsed plans, including trees, shrubs and lawn, shall be planted andthereafter maintained, to the satisfaction of the Responsible Authority.

29.

Start of VicRoads conditions:

All disused or redundant vehicle crossingsmust be removed and the area reinstatedto kerb and channel to the satisfaction of and at no cost to the Roads Corporationprior to the commencement of the use hereby approved.

30.

The proposed development requires reinstatement of disused crossovers to kerband channel. Separate approval under the Road Management Act for this activitymay be required from VicRoads (the Roads Corporation). Please contact VicRoadsprior to commencing any works.

31.

End of VicRoads conditions:

The amenity of the areamust not be detrimentally effected by the use or developmenton the land, through the:

32.

Transport of materials, goods or commodities to or from the land;32.1.

Appearance of any buildings, works or materials;32.2.

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

32.3.

Presence of vermin;32.4.

Adverse behaviour of patrons to or from the premises.32.5.

To the satisfaction of the responsible authority.

Bins or other receptablces for any form of rubbish or refuse may not be placed orallowed to remain in the view of the public, and no odour shall be emiited from anysuch receptacle.

33.

All wastes must be disposed of to the satisfaction of the Responsible Authority andno liquid waste or polluted waters shall be discharged into a sewer or stormwaterdrainage system.

34.

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Waste storage and collection must be carried out in accordance with the approvedWaste Management Plan.

35.

The site shall be kept in a neat and tidy condition at all times, to the satisfaction ofthe Responsible Authority.

36.

This permit will expire if:37.

The development does not start within two (2) years of the date of thispermit, or

a)

The development is not completed within four (4) years of the date of thispermit.

b)

The use does not start within one (1) year of the completion of thedevelopment, or

c)

The use is discontinued for a period of two (2) years.d)

Before the permit expires or within six (6) months afterwards the owner or occupierof the land may in writing request the Responsible Authority to extend the expirydate.

Notes:

A Building Approval is required prior to the commencement of the approved development.This planning permit does not constitute any building approval.

A Vehicle Crossing Permit must be obtained fromCouncil for all vehicular crossings priorto construction of the crossings. You may be required to apply for a Asset ProtectionPermit fromCouncil’s engineering services. Queries regarding engineering requirementscan be directed to Council’s general phone number on 8571 1000.

Approval of any retention systemwithin the property boundary is required by the relevantbuilding surveyor.

Before commencement of the development occurs, the applicant should contact the Cityof Greater Dandenong’s Civil Development and Design Unit regarding legal point ofdischarge, new crossings, building over easements, etc.

No buildings or works shall be constructed over any easement without the written consentof the relevant authorities.

This permit has been granted on the basis that consent to build over any easement willbe obtained from the relevant authority. If consent is not able to be obtained, thedevelopment plan will be required to be amended.

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All food storage, preparation and handling areas to be constructed to the AustralianStandards for fit out of Class 1 food premises and to permit registration under the FoodAct.

Except where no permit is required under the provisions of the Planning Scheme, no sign,flashing or intermittent lights, bunting or advertising device may be erected or displayedon the land without the permission of the Responsible Authority.

Prior to the erection of any additional advertising signs on the land, consultation shouldbemadewith officers of the Town Planning Department to determine the relevant PlanningScheme Controls and required approvals sought. (NB: Places Victoria may need to beconsulted in regard to proposed future signage for the site).

Cr Jim Memeti disclosed a Conflict of Interest (Indirect interest due to close association) inthis item as the applicants Ammache Architects are currently doing work for him. Cr JimMemeti left the Chamber at 7.13pm prior to discussion and voting on this item.

MINUTE 1289

Moved by: Cr Peter BrownSeconded by: Cr Maria Sampey

That Council resolves to issue a Notice of Decision to grant a permit in respect of the landknown and described as 57-59 Stud Road, Dandenong, for the use and development of theland for a child care centre, and alteration of access to a road in a Road Zone – Category 1 inaccordance with the plans submitted with the application subject to the following conditions:

Before the development starts, two (2) copies of amended plans drawn to scale anddimensioned,must be submitted to the Responsible Authority for approval. No buildingsor works must be commenced until the plans have been approved and endorsed by the

1.

Responsible Authority. The endorsed copy of the plans forms part of this permit. Theplansmust be in accordance with the plans submitted with the application, but modifiedto show:

The maximum number of children as indicated on the plans and through theroom allocation is to be 111 children.

1.1.

The deletion of car space No. 18 in the rear (south/west) corner of the site toallow for vehicles to manoeuvrer and exit the site in a forwards direction in theevent the car park is full.

1.2.

The timber inserts to the fence to Stud Road to be semi-transparent.1.3.

Materials and colours schedule.1.4.

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An Acoustic Report in accordance with Condition 2.1.5.

Prior to the endorsement of plans under Condition 1, two (2) copies of an acousticreport prepared by a suitably qualified acoustic engineer must be submitted to theResponsible Authority for approval. When approved, the report will be endorsed andwill then form part of the permit. The report must:

2.

Identify all potential noise sources associated with the subject premises that willimpact on adjoining noise sensitive premises;

2.1.

Provide details of all noise control measures to be incorporated into thedevelopment such as acoustic fencing.

2.2.

Once approved, the development must be constructed in accordance with therecommendations of the endorsed acoustic report to the satisfaction of the ResponsibleAuthority.

Before the use begins and the building is occupied an acoustic fence must be erectedalong the southern and western boundaries of the site in accordance with therecommendationsmade in the acoustic report, all at the cost of the owner and thereaftermaintained to the satisfaction of the Responsible Authority.

3.

The design of the fencemust be prepared in consultation by a suitably qualified acousticengineer. The details of the design and acoustic qualities of the fence must be to thesatisfaction of the Responsible Authority.

Prior to the commencement of the development, an Environmentally SustainableDevelopment Plan (ESD Management Plan) prepared by a suitably qualifiedenvironmental engineer or equivalent must be submitted to the Responsible Authorityfor approval. Once approved the Plan will be endorsed and form part of the Permit.

4.

The ESD Management Plan must address, but is not limited to the following:4.1.Energy Management;Water Conservation and Re-use;Demolition and Construction Waste Management, including that of thevegetation to be removed.

Where appropriate the ESD Management Plan should:4.2.Identify relevant statutory obligations, strategic or other documentedsustainability targets or performance standards.Document the means by which the appropriate target or performance willbe achieved.

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Identify responsibilities and a schedule for implementation and ongoingmanagement, maintenance and monitoring.Demonstrate that the design elements, technologies and operational practicesthat comprise the ESD Management Plan can be maintained over time.


The approved ESD Management Plan must be implemented to the satisfaction of theResponsible Authority.


5.

The Construction Management Plan must include details on how the construction willbe undertaken so it has minimal impact on the environment and surrounding area.Details to be provided in the Plan must include:

Details pertaining to the access and parking of staff, visitors and constructionworkers to the site, with the provision of a drop-off zone and emergency serviceaccess to the site;

5.1.


5.2.

Measures to minimise and control noise, vibrations and dust from constructionworks;

5.3.

Measures tominimise the impact of construction vehicles arriving at and departingfrom the land; and

5.4.

Measures to minimise the creation of conditions likely to be a nuisance.5.5.


Prior to the occupation of the building approved by this permit, an appropriatestormwater discharge arrangement from the site must be designed and constructed tothe satisfaction of the Responsible Authority. When required, fees for plan checkingand supervision must be paid to the Responsible Authority.

6.

The layout of the site and size, design, location and use of the buildings and workspermittedmust always be in accordancewith the endorsed plans, unless with the writtenconsent of the Responsible Authority.

7.


8.

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Once the use has commenced the continued use of the premises for the permittedpurpose must be to the satisfaction of the Responsible Authority.

9.

The use as shown on the endorsed plan/s must not be altered unless with the writtenconsent of the Responsible Authority.

10.

The building hereby approved must not be occupied until all buildings and works andthe conditions of this permit have been complied with, unless with the written consentof the Responsible Authority.

11.

The use must only operate between the hours of:12.

Monday to Friday: 6:00am – 7:00pm.

Unless with the written consent of the Responsible Authority.

No more than sixteen (16) staff members shall be on the Child Care Centre premises atany one time, unless with the written consent of the Responsible Authority.

13.

No more than one hundred and eleven (111) children may be cared for on the site atany one time, unless with the written consent of the Responsible Authority.

14.

The operation of the Child Care Centre hereby approved must comply with noise limitsset under the Association of Australian Acoustic Consultants (AAC) Technical Guidelines‘Child Care Centre Noise Assessment’.

15.

The use hereby approvedmust not commence and the subject sitemust not be occupiedfor that use until all buildings and works and conditions of this permit have beencomplied with, unless with the written consent of the Responsible Authority.

16.

No external sound amplification equipment or loud speakers are to be used for thepurpose of announcement, broadcast, playing of music or similar.

17.

Provisionmust bemade for the drainage of the site including landscaped and pavementareas, all to the satisfaction of the Responsible Authority.

18.

The connection of the internal drainage infrastructure to the LPD must be to thesatisfaction of the Responsible Authority, prior to the issue of land upgrade Approval.Collected stormwater must be retained onsite and discharged into the drainage systemat pre development peak discharge rates as stated in the LPD approval letter. Approvalof drainage plan including any retention systemwithin the property boundary is required.

19.

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Access to the site and any associated roadwork must be constructed, all to thesatisfaction of the Responsible Authority. The redundant vehicle crossing along StudRoadmust be removed and kerb and channel reinstated. Removal of the existing vehicle

20.

crossing and construction of the new vehicle crossing will require a Vehicle CrossingPermit. An existing street tree is within close proximity of the proposed vehicle crossing.Removal of the adjacent tree in Ann Street, Dandenong is subject to conditions requiredif any, by the Council arborist. All works, including kerb and channel reinstatementshall be in accordance with Council Standards.


21.

Standard concrete vehicular crossing/s must be constructed to suit the proposeddriveway/s in accordance with the Council's standard specifications and any vehiclecrossing/s no longer required must be removed and the land, footpath and kerb andchannel reinstated, all to the satisfaction of the Responsible Authority.

22.

The car parking area must be lit if in use during hours of darkness, and all lights mustbe designed, fitted with suitable baffles and located to prevent any adverse effect onadjoining land, all to the satisfaction of the Responsible Authority.

23.

Letterboxes and all other structures (including fencing and landscaping) should beconstructed to a maximum height of 900mm or relocated clear of a splayed area (2m x2.5m) along the frontage road at access points in accordance with Dandenong PlanningScheme Clause 52.06-8.

24.


25.

Service units, including air conditioning/heating units, must not be located on the firstfloor outdoor play ground areas.

26.

Before the occupation of the building hereby approved, the area(s) set-aside for theparking of vehicles, and access lanes, as shown on the endorsed plans must be:

27.

Constructed in accordance with the endorsed plan/s and in accordance with Clause52.06.

a)

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



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

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Provided with wheel stops to the front of each car parking space designed to meetAustralian Standards AS2890.1 – 2004, Parking facilities, Part 1: Off-street carparking.

f)



28.

Prior to the occupation of the building hereby permitted, all landscaping as shown onthe endorsed plans, including trees, shrubs and lawn, shall be planted and thereaftermaintained, to the satisfaction of the Responsible Authority.

29.

Start of VicRoads conditions:

All disused or redundant vehicle crossings must be removed and the area reinstatedto kerb and channel to the satisfaction of and at no cost to the Roads Corporation priorto the commencement of the use hereby approved.

30.

The proposed development requires reinstatement of disused crossovers to kerb andchannel. Separate approval under the Road Management Act for this activity may berequired from VicRoads (the Roads Corporation). Please contact VicRoads prior tocommencing any works.

31.

End of VicRoads conditions:

The amenity of the area must not be detrimentally effected by the use or developmenton the land, through the:

32.

Transport of materials, goods or commodities to or from the land;32.1.

Appearance of any buildings, works or materials;32.2.

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

32.3.

Presence of vermin;32.4.

Adverse behaviour of patrons to or from the premises.32.5.


Bins or other receptablces for any form of rubbish or refuse may not be placed orallowed to remain in the view of the public, and no odour shall be emiited from anysuch receptacle.

33.

All wastes must be disposed of to the satisfaction of the Responsible Authority andno liquid waste or polluted waters shall be discharged into a sewer or stormwaterdrainage system.

34.

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35.

The site shall be kept in a neat and tidy condition at all times, to the satisfaction of theResponsible Authority.

36.


The development does not start within two (2) years of the date of this permit,or

a)

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

The use does not start within one (1) year of the completion of the development,or

c)

The use is discontinued for a period of two (2) years.d)

Before the permit expires or within six (6) months afterwards the owner or occupier ofthe land may in writing request the Responsible Authority to extend the expiry date.

Notes:

A Building Approval is required prior to the commencement of the approved development.This planning permit does not constitute any building approval.

A Vehicle Crossing Permit must be obtained fromCouncil for all vehicular crossings priorto construction of the crossings. You may be required to apply for a Asset ProtectionPermit fromCouncil’s engineering services. Queries regarding engineering requirementscan be directed to Council’s general phone number on 8571 1000.


Before commencement of the development occurs, the applicant should contact the Cityof Greater Dandenong’s Civil Development and Design Unit regarding legal point ofdischarge, new crossings, building over easements, etc.

No buildings or works shall be constructed over any easement without the written consentof the relevant authorities.

This permit has been granted on the basis that consent to build over any easement willbe obtained from the relevant authority. If consent is not able to be obtained, thedevelopment plan will be required to be amended.

All food storage, preparation and handling areas to be constructed to the AustralianStandards for fit out of Class 1 food premises and to permit registration under the FoodAct.

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Except where no permit is required under the provisions of the Planning Scheme, no sign,flashing or intermittent lights, bunting or advertising device may be erected or displayedon the land without the permission of the Responsible Authority.

Prior to the erection of any additional advertising signs on the land, consultation shouldbemadewith officers of the Town Planning Department to determine the relevant PlanningScheme Controls and required approvals sought. (NB: Places Victoria may need to beconsulted in regard to proposed future signage for the site).

CARRIED

For the Motion: Cr Roz Blades AM, Cr Peter Brown, Cr Sean O'Reilly, Cr Maria Sampey (called forthe division), Cr Heang Tak, Cr Loi Truong

Against the Motion: Cr Matthew Kirwan, Cr Angela Long

Cr Jim Memeti returned to the Chamber at 7.34pm.

Page 22713






TOWN PLANNING APPLICATION – NO. 57-59 STUD ROAD DANDENONG (PLANNING APPLICATION NO. PLN15/0223)

ATTACHMENT 1

SUBMITTED PLANS


Page 22714






TOWN PLANNING APPLICATION – NO. 57-59 STUD ROAD DANDENONG (PLANNING APPLICATION NO. PLN15/0223)

ATTACHMENT 2



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Parking ProvisionTo ensure that car and bicycle parking for is appropriate.

Child Care Centre:

0.22 to each child

CompliesProposed number of children = 111Required number of spaces = 24Proposed number of spaces = 29


Accessways should: Be at least 3 metres wide. Have an internal radius of at least 4

metres at changes of direction or intersection or be at least 4.2 metres wide.



CompliesAccess from Ann Street –6.5m wide crossover

Existing crossover from Stud Rd being re-instated - Referred to VicRoads



CompliesSufficient turning area provided on site for vehicles to exit in forward direction


- N/A

Have a corner splay or area at least 50 per cent clear of visual obstructions extending at least 2 metres along the frontage road from the edge of an exit lane and 2.5 metres along the exit lane from the frontage, to provide a clear view of pedestrians on the footpath ofthe frontage road. The area clear of visual obstructions may include an adjacent entry or exit lane where more than one lane is provided.

CompliesStandard Condition

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Minimum car park and accessway dimensions: Parallel – 2.3m x 6.7m with a accessway

width of 3.6m 45 degrees – 2.6m x 4.9m with a

accessway width of 3.5m 60 degrees – 2.6m x 4.9m with a

accessway width of 4.9m 90 degrees – 2.6m x 4.9m with a

accessway width of 6.4m(refer to the table in 55.06 for more details)

Complies


CompliesCar parking on ground level – first floor 2.7m above



Complies

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Complies


Mechanical parking may be used to meet the car parking requirement provided: At least 25 per cent of the mechanical

car parking spaces can accommodate a vehicle clearance height of at least 1.8 metres.

Car parking spaces that require the operation of the system are not allocated to visitorsunless used in a valet parking situation.


- N/A



Complies


Complies


Car parking should be well lit and clearly signed.

! Conditional compliance Standard condition


Complies



Complies


Complies


Complies

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TOWN PLANNING APPLICATION – NO. 57-59 STUD ROAD DANDENONG (TOWN PLANNING APPLICATION NO. PLN15/0223)

ATTACHMENT 3

LOCATION OF OBJECTORS


Page 22727




2.3.5 Town Planning Application - No. 808-814 Heatherton Road, Springvale South(Planning Application No. PLN15/0343)

212560File Id:


Location of Subject SiteObjectors SitesSubmitted Plans

Attachments:

Application Summary

SJB PlanningApplicant:

To use and develop the land for a child care centre, and to createand alter access to a Road Zone Category 1

Proposal:

General Residential Zone - Schedule 1Zone:

NoneOverlay:

LightwoodWard:

This application has been brought to a Council Meeting because it received three (3) objections duringthe advertising period.

The application proposes to demolish existing buildings on the land, construct a double storey buildingwith associated car parking, and use the land for a child care centre to accommodate 92 children.Car parking will be provided to comply with the planning scheme requirement. The proposal alsoinvolves the alteration of an existing access and construction of a new access to a Road Zone Category1 (Heatherton Road).

A permit is required pursuant to:

Clause 32.08-1 of the Greater Dandenong Planning Scheme for the use of the land for a childcare centre.Clause 32.08-6 of the Greater Dandenong Planning Scheme to construct a building or constructor carry out works for a use in Section 2 of Clause 32.08-1.Clause 52.29 - of the Greater Dandenong Planning Scheme to create or alter access to road ina Road Zone Category 1.

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Objectors Summary

The application was advertised to the surrounding area through the erection of an on-site notice andthe mailing of notices to adjoining and surrounding owners and occupiers. Three (3) objections werereceived to the application. Issues raised generally relate to matters of:

Preference of a residential dwelling rather than a two storey childcare building;Increase of traffic in the area, difficulty of entering and exiting the property and safety issues;Too many childcare centres already exist in the area;The childcare centre will disrupt peace and quietness and invade objectors’ privacy.

Assessment Summary

The subject site is a large lot located within an established residential area. The western and southernboundaries of the site abut a Mixed Use Zone which contains predominantly a super market andother commercial businesses. The front boundary (north) has an abuttal to Heatherton Road whichis classified as a Road Zone Category 1. It’s eastern boundary is the only boundary having directabuttal to a residential zone.

Council encourages discretionary uses in residential zones such as child care centres to be locatedon arterial roads. Car parking for the proposed use has been provided in accordance with the scheme’scar parking requirement for a child care centre. A child care centre on this site is considered anacceptable outcome as the site is located on a major road (where amenity impacts is consideredminimal), and not on a quiet residential neighbourhood.


As assessed, the proposal is consistent with and appropriately responds to the provisions of theGreater Dandenong Planning Scheme. The proposal satisfies and responds to the purpose of thezone and strategic policy which encourages a limited range of other non-residential uses to servelocal community needs in appropriate locations. This report recommends that the application besupported, that a Notice of Decision (which provides appeal rights to objectors) to grant a permitbe issued containing the conditions as set out in the recommendation.

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2.3.5 Town Planning Application - No. 808-814 Heatherton Road, Springvale South (Planning ApplicationNo. PLN15/0343) (Cont.)


Subject Site

Detail information about the subject site:

The subject land is located on the southern side of Heatherton Road, midway between SpringvaleRoad to the east and Westall Road to the west;It is an irregular-shaped lot measuring 48.01 metres on its northern boundary, 43.65 metres onthe south boundary, 38.91 metres on its east boundary and 37.23 metres to its west boundary,yielding a total area of 1606 square metres;The site’s topography is flat;The site is currently occupied by a single storey brick dwelling with a pitched, tiled roof and asmall outbuilding;It is currently accessed via an existing single vehicle crossover located in middle portion of thesite along the northern boundary;There is no significant vegetation on the subject site apart from mature fruit trees and othernon-native vegetation. However, outside the subject site’s west and south external boundariesof the abutting shopping centre car park are established planted native trees.

Surrounding Area

Detail information about the surrounding area:

The subject site abuts a Mixed Use Zone to the west and south, multi-unit dwellings comprisingsingle and double storey units to the east, and Heatherton Road to the north. Beyond HeathertonRoad is residential-zoned land;Within the Mixed Use Zone (Springvale Plaza) are commercial buildings comprising a vacantcommercial building and associated car parking which directly abuts the subject site and a largerarea which contains Aldi Supermarket and several other convenience stores including a newsagency and pharmacy shop;A signalised intersection is located approximately 50metres west of the subject site on HeathertonRoad;The site is located close to community, educational and infrastructure facilities. The subject siteis located approximately 1.7km to the south west of Springvale Train Station, 300 metres southof Springvale West Primary, 700 metres north of Spring Parks Primary School, 1.2 km west ofHeatherhill Primary school and 1.2 km south west of Springvale Activity Centre;There are child care centres located on Heatherton Road and Springvale Road including thefollowing: 736-738 Heatherton Road (approximately 500 metres west of the site), 901-903Heatherton Road (700 metres to east of the site), 574 Springvale Road (1.7 kilometres south ofthe site) and 4-6 Clarke Road (550 metres west of the site);Public transport runs on Heatherton Road, and Springvale Road, all within walking distance fromthe site.

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Locality Plan

Page 22732




October 2015 Aerial Map of Site and Surrounds

Background


A search of Council records revealed no previous planning applications have been considered forthe subject site.

Proposal

The proposal involves the construction of buildings and works, use of the land for a child care

centre to accommodate ninety two (92) children and alteration and construction of access to a roadzone.

Details of the development are as follows:

The existing single storey dwelling and outbuilding will be demolished;A two storey, brick/rendered building will be constructed on the site;The minimum building setback at the ground level are as follows:

northern boundary (front) - 13.2 metres;southern boundary (rear) - 3.4 metres;

Page 22733




eastern boundary (sideage) - 4.6 metres and;western boundary (sideage) - 5.5 metres.

The building will have an overall building height of 7.7 metres;It will be roofed with corrugated sheet material;The ground floor level will contain the entry foyer, reception, manager’s office, three (3) largechildren’s rooms, cot room, five (5) store rooms, kitchen, laundry, amenity rooms, lift and twostairs;A total of 644 square metres of outdoor space will be provided at the ground level;The first floor level will contain two (2) large children’s rooms, staff room, foyer, two (2) storerooms, amenity areas and a large outdoor screened area measuring 266 square metres;The existing 1.8 metre high brick fence at the front boundary will be retained;An acoustic fence 1.8 metres in height is proposed along the eastern boundary;There is no significant vegetation on the site which would be affected with this proposal. However,the root zone of significant trees along the west and south external boundary would be affectedby the proposal. (See assessment section of this report).

Use

The proposed child care centre will have a maximum of ninety two (92) children;Maximum of eighteen (18) staff comprising of teaching/child minding staff and administrativestaff will be on the site at any particular time;The hours of operation will be from 6.30am to 7.00pm Monday to Friday;The drop-off and pick-up times will generally fall between the period of 7.00am to 9.30 am and3.00pm to 5.30pm respectively;There will be no child care activities on weekends;The children will arrive within two and half hours of the opening and similarly leave within thesame hours at the closing time. Opening and closing hours are staggered ensuring all childrendo not arrive or leave at the same time.

Access, Car Parking and On-Site Facilities

Vehicle access will be obtained via a new 6metre wide vehicle crossover fromHeatherton Road;A total of twenty (20) car spaces will be located within the front setback of the building;Four (4) bicycle spaces are provided;Bin storage is provided within the western setback;A minimum two (2) metre wide landscaping buffer is provided between the front fence and thecar park area, and the residential boundary to the east.


Page 22734





The Victorian Charter of Human Rights and Responsibilities has been considered in the preparationof this Policy but is not relevant to the content of the Policy.





For the use of the land for a Childcare centre under Clause 32.08-1 (General Residential Zone).For the construction of buildings and the construction or carrying out of works (for a use in Section2 of Clause 32.08-1) under Clause 32.08-6 (General Residential Zone).For the alteration and creation of access to a Road Zone Category 1 under Clause 52.29(Particular Provisions).


Zoning Controls

The subject site is located in a General Residential Zone, as is the surrounding area to the east andnorth. The surrounding area to south and west is located in a Mixed Use Zone. The northern boundarydirectly abuts Heatherton Road which is classified a Road Zone Category 1.

The purpose of the General Residential Zone outlined at Clause 32.08 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 implement neighbourhood character policy and adopted neighbourhood character guidelines.To provide a diversity of housing types and moderate housing growth in locations offering goodaccess 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.

Overlay Controls

No overlays affect the subject site or surrounding area.


There are number of specific objectives contained within the State Planning Policy Framework thatare relevant to this application.

Page 22735




Clause 11 – Settlement

Clause 11 states that planning is to anticipate and respond to the needs of existing and futurecommunities through provision of zoned and serviced land for housing, employment, recreation andopen space, commercial and community facilities and infrastructure.

Clause 15 – Built Environment and Heritage

This clause seeks the development and maintenance of communities with adequate and safe physicaland social environments for their residents, through the appropriate location of uses and developmentand quality of urban design.

Clause 17 – Economic Development

Under this Clause, it notes that planning is to provide for a strong and innovative economy, whereall sectors of the economy are critical to economic prosperity, and planning is to contribute to theeconomic well-being of communities and the State as a whole by supporting and fostering economicgrowth and development by providing land, facilitating decisions, and resolving land use conflicts sothat each district may build on its strengths and achieve its economic potential.

Clause 17.01-1 - Business

This has the objective to encourage development which meet’s the community’s needs for retail,entertainment, office and other commercial services and provides net community benefit in relationto accessibility, efficient infrastructure use and the aggregation and sustainability of commercialfacilities.


The Local Planning Policy Framework (LPPF) includes the Municipal Strategic Statement (MSS) andLocal Policies. The proposal is consistent with the following local planning policies:

Clause 21.04-1 Housing and community

Actively encourage the redevelopment of sites identified in the structure plans of the respectiveactivity centres for refurbished commercial, upper residential and medium to higher densityhousing.Respecting valued, existing neighbourhood character both on particular sites and within widerstreetscapes.Ensuring new development takes into full account the neighbourhood character design guidelinesfor each type of building and that such new development positively contributes to the preferredfuture neighbourhood character of each particular residential area.

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The objective ofClause 21.04-5 seeks to protect the amenity of residential areas adjacent to particularuses and protect sensitive particular uses from residential development. Strategies to facilitate theachievement of the objective include:

5.2. Encourage incorporation of acoustic attenuation measures in new residential developmentswithin Mixed Use Zones and Business Zones to protect occupants from external noise.5.3. Discourage non-residential uses except along main roads or collector roads or on cornersites.

Clause 21.05-1 Urban design, character, streetscapes and landscapes





7. To protect and improve streetscapes

7.1. Ensure that new developments improve streetscapes through generous landscape setbacksand canopy tree planting.

7.2. Ensure landscaping within private property that complements and improves the streetscapesand landscaping of public areas.


Clause 52.06 – Car Parking needs to be considered. The purposes of this provision are:

To ensure that car parking is provided in accordance with the State Planning Policy Frameworkand Local Planning Policy Framework.To ensure the provision of an appropriate number of car parking spaces having regard to thedemand likely to be generated the activities on the land and the nature of the locality.To support sustainable transport alternatives to the motor car.To promote the efficient use of car parking spaces through the consolidation of car parkingfacilities.To ensure that car parking does not adversely affect the amenity of the locality.To ensure that the design and location of car parking is of a high standard, creates a safeenvironment for users and enables easy and efficient use.

Clause 52.06-1 notes that a new use must not commence or the floor area of an existing use mustnot be increased until the required car spaces have been provided on the land.

Page 22737




The required spaces are identified in the table to Clause 52.06-5. Clause 52.06-3 further notes thata permit may be granted to reduce or waive the number of car spaces required by the table, with thedecision guidelines for such considerations also at that Clause.

The table at Clause 52.06-5 does include car parking requirement for a child care centre which statesthat each child requires 0.22 of a car space. The required car parking spaces have been providedfor the use.

Car parking is to be designed and constructed in accordance with the requirements of Clauses 52.06-8of the Scheme.

Clause 52.29 – Land Adjacent to a Road Zone, Category 1, or a Public Acquisition Overlay fora Category 1 Road seeks:

To ensure appropriate access to identified roads.To ensure appropriate subdivision of land adjacent to identified roads.

The application was required to be referred to VicRoads as the Roads Corporation under Section 55of the Act.

A planning permit is required to create or alter access to a Road Zone Category 1.

General Provisions


Proposed Planning Scheme Amendments

There are no proposed planning scheme amendments which would affect the subject land.


There are restrictive covenants encumbering the title of this site.





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Community Safety




Referrals

Pursuant to Section 55 of the Planning and Environment Act 1987, the application was externallyreferred to:

Advice/Response/ConditionsReferral

No objection, subject to conditions:VicRoads

1. A two-way sealed vehicular crossover must be constructed atleast 5.5 metres wide, as measured at the property boundary, tothe satisfaction of the Responsible Authority. (See condition 27.1)

2. The edges of the vehicular cross over must be angled at 60degrees to the road reserve boundary, to improve entry and exitconditions, to the satisfaction of the Responsible Authority. (Seecondition 27.2)

3. All redundant vehicle crossings must be removed and the areareinstated to the satisfaction of and at no cost to the RoadsCorporation prior to the commencement of the use of the buildinghereby approved. (See condition 27.3)

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Internal

The application was internally referred to Council’s Transport, Civil Development, Community Services,Environmental Health, Waste Management and Bushland & Gardening departments for theirconsideration. The comments provided have been considered in the assessment of the application,and are as listed below:


No objection, subject to conditions:Transport Planning

(See conditions 17-20) Before the use can commence, the area(s) set aside for parkingand vehicle access as shown on the application plans must be:Constructed in accordance with the endorsed plan(s).Properly formed to such levels that they can be used inaccordance with the plan(s).Surfaced with an all-weather sealcoat.Drained to the legal point of discharge.Line marked to indicate each car space and all access lanes.


Standard concrete vehicular crossing/s must be constructed tosuit the proposed driveway/s in accordance with the Council'sstandard specifications. Any vehicle crossing/s no longer requiredmust be removed and the land, footpath and kerb and channelreinstated, and the nature strip sown with grass, all to thesatisfaction of the Responsible Authority.The operator under this permit must make all reasonableendeavours to ensure that all vehicles entering and exiting thesite should do so in a forward direction, all to the satisfaction ofthe Responsible Authority.Letterboxes and all other structures (including fencing andlandscaping) should be constructed to a maximum height of900mm or relocated clear of a splayed area (2m x 2.5m) alongthe frontage road at access points in accordance with DandenongPlanning Scheme Clause 52.06-8.

Page 22740




No objection, subject to conditions:Civil DevelopmentProvision must be made for the drainage for proposeddevelopment including landscaped and paved areas, all to thesatisfaction of the Responsible Authority.

(See conditions 9-13)

The connection of the internal drainage infrastructure to the LPDmust be to the satisfaction of the Responsible Authority, prior tothe issue of land upgrade Approval.Collected stormwater must be retained onsite and dischargedinto the drainage system at pre development peak dischargerates as stated in the LPD approval letter. Approval of drainageplan including any retention system within the property boundaryis required.Access to the site and any associated roadwork must beconstructed, all to the satisfaction of the Responsible Authority.Removal of the existing vehicle crossing and construction of newvehicle crossing will require a Vehicle Crossing Permit. All works,including kerb and channel reinstatement shall be in accordancewith Council Standards.Any works undertaken within the road reservation and easementswill require the developer to obtain a Civil Works Permit fromCouncil.

Community Services No objection to the application.

No objection, subject to conditions:Environmental HealthTwo copies of floor plan for food business need to be submittedto Health Department with application for Approval of Plans of aProposed Premises and applicable fee.

(See Advice Note)

No objection, subject to conditions:Waste Cleansing (SeeAdvice Note) Council recognises the importance of considering waste collection

from new developments at the design stage to ensure waste canbe collected and appropriately stored on site.Signage should be provided by the contractor for commercialtenants to ensure waste is sorted appropriately.

No objection, subject to conditions:Bushland and Gardening(See conditions 1.4 and 2) All trees with in property are to be removed as per landscape

plan. None are of horticultural significance and are mainly of faircondition only.The building will have significant encroachment on tree number24 (River Peppermint Gum on the adjoining property along thesouthern boundary). Given this any foundations within the tree

Page 22741




protection zone are to be of Pier and Beam construction withnon root destructive excavation methods used (hydro excavationor hand dug).Tree protection zones in accordance with Australian Standards4970 must be established prior to works for trees 24, 21, 20 and19 (adjoining property along the western and southernboundaries). Tree protection zones for these trees must not becompacted, but mulched and fenced off before any works arestarted. Council Arborist to be called prior to works to asses TPZcomplies with Australian standards.

Advertising


Sending notices to the owners and occupiers of adjoining land on 4/09/2015.Placing a notice on site facing Heatherton Road for fourteen (14) days.


Council has received three (3) objections to date. Issues raised include too many child care centresin the area; dislike of the change of use from a dwelling to a child care centre; disruption of peaceand quietness, loss of privacy, car parking and traffic and access and noise.

The locations of the objectors are shown in Attachment 1.

Consultation

A consultative meeting was scheduled to be held on 3 February 2016, with the applicant, objectorsand Council representatives. The applicant, one (1) Councillor and Council staff were in attendance.However, all the objectors failed to attend. The objections stand as received.

Summary of Grounds of Objections


1. Preference of residential development rather than a two storey child care centre building.

The objectors claim that they prefer the residential dwelling (s) than the proposed two storey building.The subject site is a large allotment with a total area of 1606 square metres capable of containing anumber of dwellings should it be re-developed for multi-dwellings. The proposed double storey dwellingis architecturally designed and positioned on the site to avoid the building appearing bulky, if viewedfrom the external boundaries. The west and south boundaries abut commercial buildings which areof similar height as the proposed building. The proposed building will cover an area of 426 squaremetres, thus a building coverage of only 26 per cent of the site, generally consistent with otherresidential type buildings.

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A larger portion of the site is occupied by car parking, landscaping and children’s outdoor play areas.The maximum height of the proposed building is 7.7 metres which is comparable to heights of theexisting residential properties adjoining the eastern boundary of the subject site. The height of theproposed building is well below the 9m high maximum height of dwellings required under the scheme.The external appearance and design has been designed and articulated to depict a more residentialappearance. Therefore, the grounds of this objection are not justified.

2. Increase of traffic in the area, difficulty of entering and exiting the property and safety issues.

The objectors from the adjoining multi-dwellings to the east state that the proposal would generatetraffic which would impact on their entry and exit from their properties. It is noted that one of theobjectors’ property does not directly abut the subject site. A new crossover measuring 6 metres wideis proposed which would be located close to the north eastern side of the site. Although, the objectors’vehicle crossover and accessway is located close to the proposed crossover, there is at least a 3metre wide separating distance between these two crossovers. As the new crossover and accesswayhas been properly designed and approved by traffic engineers, it is anticipated that there will be noissues relating to access or parking arrangement on the site.

Whilst it is anticipated that there would be additional increase to traffic on the immediate areas as aresult of this proposal, this would be minimal as Heatherton Road is categorised as a Road ZoneCategory 1 which accommodates large volume of traffic. Council’s Transport Planning Unit andVicRoads have no comments against the proposed access to the site subsequently, no issues havebeen raised. It is considered that anticipated traffic is well within the capacity as detailed in thesubmitted Traffic Impact Assessment report accompanying the application and it is therefore consideredacceptable.

3. Too many child care centres already exist in the area.

The objectors have expressed concern about the many child care centres within the area and requestthat this proposal should not be approved. According to the objectors allowing an additional childcare centre to be established in the area is considered unreasonable. The oversupply of child carecentres or for that matter any other services within a particular area may be seen as objection oneconomic ground which is not an issue for consideration under the planning scheme or the Planningand Environment Act.

It is acknowledged that there are several multi dwellings and apartment developments within theimmediate surrounding area, including in Springvale Activity Centre. As Springvale continues todevelop into a vibrant and attractive suburb, such community facilities are important to its residents.Whilst there are smaller child care centres within the area, this proposal will provide a modern,architecturally designed facility which would benefit the community. Therefore, the objections raisedto this development do not provide satisfactory grounds to refuse the application.

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4. The child care centre will create noise, disrupt peace and quietness and invade privacy.

The objectors cited the issues of noise from traffic and children. The objectors are concerned aboutthe potential noise which may be generated from the site, particularly from children playing at thedesignated outdoor playing areas. The location of the outdoor play area at the first floor which isadjacent to the side boundary of the multi-dwellings is claimed to be inappropriate thus allowing noisegenerated in the play areas to transcend onto the adjoining residential area. In the case of the groundfloor outdoor play areas, the location is far removed from the residences of the objectors. The proposalhas appropriately addressed external overlooking concerns through a variety of methods includingobscure glazed windows and highlight windows up to 1.7 metres above finished floor level.

Although the applicant has indicated that 2m high acoustic fence would be erected along the siteboundary with the objectors, other additional measures in the form of appropriate building materialsand landscaping would be included as permit conditions to contain and perceived noise emanatingfrom the building To provide certainty to the affected residents and to ensure that the screening meetsthe relevant standards, a notation of height of screen would be required as a condition on the planson any permit issued. (See condition 3)

Furthermore, the objectors claim that the proposal would invade their privacy. However it is notedthat the first floor outdoor areas and windows will have frosted glazing and screening to preventoverlooking. An assessment of the proposal concludes that secluded private open spaces andhabitable room windows on adjoining sites will not be affected by overlooking.

Assessment

Clause 11 of the SPPF states that ‘planning is to anticipate and respond to the needs of existing andfuture communities through provision of zoned and serviced land for housing, employment, recreationand open space, commercial and community facilities and infrastructure’. A child care centre is acommunity facility which would respond to the needs of residents in Springvale and the City in a widercontext.

Use

The proposed child care centre would fulfil this objective by providing a much needed communityfacility for the residents of Springvale and adjoining suburbs.

The surrounding area contains existing dwellings, a large number of multi-dwellings, apartments andcommercial facilities including a supermarket. The proposed use would support the housing objectiveswhich would provide a convenient and accessible facility for residents who are living in theneighbourhood and surrounds. The proposal would also complement the vibrant and economic activitywithin the adjoining Mixed Use Zone by allowing those working in the area to drop off and pick uptheir children within a short driving/walking distance from their work place.

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In addition, as the subject site is located close to a number of schools including Springvale WestPrimary School to the north-west; Spring Park Primary School to the south west; Heatherhill Primaryto the east and Killester College to the north-east. Parents with children in the primary and secondaryschools would be able to drop their younger children at the child care centre without travelling longdistances for both services. It will make a positive contribution to the vibrant character and socialamenity of the residential and commercial context of the area.

One of the purposes of the General Residential Zone of Clause 32.08 of the scheme is ‘to alloweducational, recreational, religious, community and a limited range of other non-residential uses toserve local community needs in appropriate locations’. The proposed child care centre would fulfilthe objective of the zone by providing a much needed community service to the residents of the City.

Development

The proposed two storey child care centre building is architecturally designed to enhance its functionaland visual appearance. The design of the proposed building has also taken into consideration thecharacter of the adjoining mixed use, commercially-designed buildings located south and west, andresidential to the east and north of the subject site. There are no deficiencies such as its height,setbacks or materials and exterior colours which would detract from the amenity of the site due to itsappearance or design. By inclusion of acoustic measures and materials such as double glazedwindows and acoustic fencing, it is considered that the building will be an asset on the site which willenhance the amenity of the area.

The design provides a 13.2 metre setback fromHeatherton Road and a setback averaging 5.7 metresfrom the first floor to the east boundary. Visually, the building will have appealing views and appearancefrom the streetscape and the adjoining residential units to the east of the site. The exterior of thebuilding will have rendered finish at the first floor level whilst the brick-clad ground level will matchthe existing material of adjoining dwellings. There is a clearly defined pedestrian walkway linking thecar parking area to the building to provide safe movement within the site. The main entrance to thesite will be from the north as car parking is located to the north thus providing a coherent and safemovement for persons picking-up and dropping-off their children.

With respect to noise generation, it would be reasonable to require that windows on the child carecentre building are acoustically glazed as one of the site’s external boundaries abuts multi dwellings.Consequently, a condition would be imposed on any permit issued to that effect. The child care centrewould cater for 92 children and would be a great contribution to the local community. The proposalwould fulfil the objective of providing a useful community facility for the residents of Springvale.

Car Parking

The planning scheme states specifically that a ratio of car parking requirement for child care centresis 0.22 car space per child. Therefore, the 92 children proposed for the facility will require 20 carspaces. This requirement has been met. The proposed car spaces have been designed to providefor 20 car spaces including pick-up and drop-off, and disability parking for parents and guardians ofchildren visiting the site on a short term basis.

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One vehicular entry and exit point is proposed. The vehicle crossover is 6 metres wide. The TrafficImpact Assessment report accompanying the application and prepared by an expert traffic consultancynotes that traffic would be evenly split between the entry and exit point during the peak hours. Thechild care centre is expected to generate 74 vehicle trip ends during the commuter peak hours whichare minimal in terms of impacts on Heatherton Road which is classified as Road Zone Category 1.

The report also notes that there are currently three (3) unrestricted car parking spaces on HeathertonRoad portion of the site. Whilst one of these car spaces is proposed to be removed as a result of theestablishment of a new crossover, the retention of the two car spaces, coupled with the appropriatenumber of car spaces being provided for the use, the proposal will provide acceptable outcomes asfar as traffic and parking is concerned.

The provision of a new 6 metre wide vehicle crossover would provide safe vehicle entry and exit toand from the site. Visitors to the child care centre especially parents and carers of children at thefacility will be able to drop off their children easily and safely on the site. There is ample room to safelymanoeuvre vehicles on the site.

With respect to car parking, Council’s Transport Planning Unit has no concerns with the number ofonsite car parking spaces provided for the facility as the car parking spaces provided meet therequirement of Clause 52.06. Similarly, VicRoads does not have any concerns to traffic or access tothe site. Standard conditions would be included on any permit issued.

The proposal would be located in an area where both staff and parents would be able to access thesite by utilising public transport as both bus and train services are located within short distances fromthe site. Furthermore, the site abuts a residential zone therefore it is reasonable to assume that thisproximity would encourage staff and parents living close to the facility to walk or cycle to the facilitywithout depending on cars. It is therefore anticipated that the proposed child care centre will be auseful community facility to the residents of the area.

Hours of Operation

The child care centre would operate between the hours of 6.30am to 7.00pm when most residentswould be at work or school but there is some overlap early in the morning and in the evening as thedrop-off and pick-up are staggered. The hours are considered reasonable as children would bedropped-off and picked-up within a period of two and half hours thus spreading these drop-off andpick-up times on the site. The operating hours of the centre would cater for working families whowould be able to drop off their children when going to work and pick them up upon closing. (Seecondition 8)

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Noise

The site is surrounded on three out of its four boundaries with non-residential zones which includemixed uses on the west and south and a road zone separating a residential zone to the north. Thenoise generated by children would be absorbed as part of noise generated by the nearby shops, carparking and road traffic on Heatherton Road, and acoustic measures within the building. However,to ensure there is minimal impact on residents to the east, it is recommended that there should bean acoustic fence with a minimum height of 2 metres to be provided along the east boundary wherethe site abuts the multi-unit residential development at 816-822 Heatherton Road. It is expected thatthe provision of acoustic fencing would reduce noise generated from the subject site which wouldadversely impact on the occupants of the site. Subject to this, it is anticipated that noise levels onadjoining sites will be reasonable. A standard amenity condition would also be added to any permitissued. (See conditions 1.1, 1.3 and 3)

Vegetation & Tree Impact (Site & Surrounds)

Upon inspection of the site it was noted that there were no significant vegetation on the site exceptfor several matured fruit trees which would be removed to allow for the development. None of theseis considered significant. Large established trees are located outside the external boundaries.Subsequently, as recommended in the arboriculture report accompanying the application and Council’sArborist, measures are to be undertaken to adequately preserve the root zones of the trees locatedon the adjoining site. (See conditions 1.4 and 2)

A landscape plan has been prepared. It is envisaged that the inclusion of canopy trees would enhanceand improve the amenity of the site upon completion of the development. As there are matured canopytrees outside the west and south boundaries which would be impacted upon, a condition of the permitwill require that measures are taken to include canopy trees in the landscape plan to enhance theamenity of the site and that the proposed building is designed so as to have minimal impact on thedripline of these trees (as per conditions on the permit). In addition the existing timber paling fenceto the south and west would require to be replaced and this would be imposed as a condition on thepermit.

Conclusion

The application has been assessed against the relevant requirements of the Greater DandenongPlanning Scheme and is considered appropriate to the site in which it is located.

The Greater Dandenong Planning Scheme encourages the establishment of non-residential uses inappropriate locations. The proposal is for the new child care centre on the site. The neighbouringarea is experiencing increasing population due to a number of multi-dwelling developments beingestablished within the vicinity. The proposal is well designed and sympathetic to the character of theneighbourhood and complies with the car parking provisions required under Greater DandenongPlanning Scheme. Subject to permit conditions, the proposed use and development on the site willbe useful to the community.

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Recommendation

That Council resolves to issue a Notice of Decision to grant a permit in respect of the landknown and described as 808 – 814 Heatherton Road, Springvale South, for the constructionof buildings and works, use of the land for a child care centre and to alter and create accessto a Road Zone Category 1, in accordance with the plans submitted with the application subjectto the following conditions:

Before the development and use starts, two (2) copies of amended plans drawn toscale and dimensioned,must be submitted to the Responsible Authority for approval.No buildings or works must be commenced until the plans have been approved and

1.


Notation on the site plan that external boundary to the east is provided witha 2 metre high acoustic fence (with details provided);

1.1.

Notation on the elevation plan the height of first floor outdoor play area screento be obscure glazed windows to a height of 1.7 metres below the finishedfloor level;

1.2.

Notation on the plans that all windows to be acoustically treated to reducenoise emanating from the building;

1.3.

Tree protection zones on the site plan and landscape plan in accordance withCondition 2.

1.4.

All to the satisfaction of the responsible authority.

Prior to the endorsement of plans under Condition 1, the landscape plan submittedfor the development of the site must be amended to include tree protection zonesaround Tree Nos. 19, 20, 21 and 24 (as identified in the arboriculture report). Tree

2.

protection zonesmust be established in accordance with Australian Standards 4970using pier and beam construction and non-root destructive excavation methods(hydro excavation or hand dug). The landscape plan must be submitted to theResponsible Authority for approval. When approved, the plan will be endorsed andwill then form part of the permit.

Prior to the commencement of the use, an acoustic fence, a minimum of 2 metreshigh from ground level, must be constructed along the abutting east externalboundary at the cost of the owner of 808-814 Heatherton Road, Springvale Southand thereafter maintained at all times, all to the satisfaction of the ResponsibleAuthority.

3.


4.

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The layout of the site, and the size of the proposed buildings and works as shownon the endorsed plan, shall not be altered or modified (whether or not in order tocomply with any Statute, Statutory Rule or Local Law or for any other reason) withoutthe prior consent of the Responsible Authority.

5.


6.

Nomore than eighteen (18) staff members and amaximumof ninety-two (92) childrenshall be on the premises at any one time.

7.

The use may operate only between the hours of 6.30am to 7.00pmMonday to Friday,unless with the further written consent of the Responsible Authority.

8.


9.

The connection of the internal drainage infrastructure to the Legal Point of Discharge(LPD) must be to the satisfaction of the Responsible Authority, prior to the issue ofland upgrade Approval.

10.

Collected stormwater must be retained onsite and discharged into the drainagesystem at pre development peak discharge rates as stated in the LPD approval letter.Approval of drainage plan including any retention system within the propertyboundary is required.

11.

Access to the site and any associated roadwork must be constructed, all to thesatisfaction of the Responsible Authority. Removal of the existing vehicle crossingand construction of new vehicle crossing will require a Vehicle Crossing Permit. Allworks, including kerb and channel reinstatement shall be in accordance with CouncilStandards.

12.

Any works undertaken within the road reservation and easements will require thedeveloper to obtain a Civil Works Permit fromCouncil. The connection of the internaldrainage infrastructure to the LPD must be to the satisfaction of the ResponsibleAuthority, prior to the issue of land upgrade Approval.

13.


14.


15.

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16.

Before the use can commence, the area(s) set aside for parking and vehicle accessas shown on the application plans must be:

17.

Constructed in accordance with the endorsed plan(s).Properly formed to such levels that they can be used in accordance with theplan(s).Surfaced with an all-weather sealcoat.Drained to the legal point of discharge.Line marked to indicate each car space and all access lanes.


Standard concrete vehicular crossing must be constructed to suit the proposeddriveway/s in accordance with the Council's standard specifications. Any vehiclecrossing/s no longer required must be removed and the land, footpath and kerb andchannel reinstated, and the nature strip sown with grass, all to the satisfaction ofthe Responsible Authority.

18.

The operator under this permit must make all reasonable endeavours to ensure thatall vehicles entering and exiting the site should do so in a forward direction, all tothe satisfaction of the Responsible Authority.

19.

Letterboxes and all other structures (including fencing and landscaping) should beconstructed to a maximum height of 900mm or relocated clear of a splayed area (2mx 2.5m) along the frontage road at access points in accordance with DandenongPlanning Scheme Clause 52.06-8.

20.


21.


22.

The amenity of the areamust not be detrimentally effected by the use or developmentof the land, through the:

23.

Transport of materials, goods or commodities to or from the site;23.1.

Appearance of any building, works or materials; and23.2.

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Emission of noise, artificial light, vibration, small, fumes, smoke, vapour,steam, soot, ash, dust, waste water, waste products, grit or oil.

23.3.

To the satisfaction of the Responsible authority.

All external colours must not cause any adverse impact, and must be to thesatisfaction of the Responsible Authority.

24.

All screening devicesmarked on the endorsed plan shall bemaintained by the ownerof the land to the satisfaction of the Responsible Authority.

25.

Any changes to external boundary fencing required for under this development alongthe east and south boundaries of the site shall be constructed at the cost of theowner of No. 808 - 814 Heatherton Road, Springvale South, to the satisfaction of theResponsible Authority.

26.

VicRoads Conditions27.

A two-way sealed vehicular crossovermust be constructed at least 5.5 metreswide, as measured at the property boundary, to the satisfaction of theResponsible Authority.

27.1.

The edges of the vehicular cross over must be angled at 60 degrees to theroad reserve boundary, to improve entry and exit conditions, to the satisfactionof the Responsible Authority.

27.2.

All redundant vehicle crossings must be removed and the area reinstated tothe satisfaction of and at no cost to the Roads Corporation prior to thecommencement of the use of the building hereby approved.

27.3.

This permit will expire:28.

If the development hereby permitted does not start within two (2) years of thedate of this permit, or

28.1.

If the development hereby permitted is not completed within four (4) years ofthe date of this permit, or

28.2.


28.3.

The use is discontinued for a period of two (2) years.28.4.


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Advice notes

A Building Approval is required prior to the commencement of the approved development.Signage should be provided by the contractor for commercial tenants to ensure waste issorted appropriately.Approval of any retention systemwithin the property boundary is required by the relevantbuilding surveyor.Before commencement of the development occurs, the applicant should contact the Cityof Greater Dandenong’s Civil Development and Design Unit regarding legal point ofdischarge, new crossings, building over easements, etc.As this is an established site, the proposed internal drainage should be connected to theexisting legal point of discharge. The applicant may apply for local drainage information,if available; otherwise on site verification should be undertaken by the applicant.Two copies of floor plan for food business are to be submitted to Health Department withapplication for Approval of Plans of a Proposed Premises and applicable fee.Signage should be provided by the contractor for commercial tenants to ensure waste issorted appropriately.

MINUTE 1290

Moved by: Cr Sean O'ReillySeconded by: Cr Loi Truong

That Council resolves to issue a Notice of Decision to grant a permit in respect of the landknown and described as 808 – 814 Heatherton Road, Springvale South, for the constructionof buildings and works, use of the land for a child care centre and to alter and create accessto a Road Zone Category 1, in accordance with the plans submitted with the application subjectto the following conditions:

Before the development and use starts, two (2) copies of amended plans drawn toscale and dimensioned,must be submitted to the Responsible Authority for approval.No buildings or works must be commenced until the plans have been approved and

1.


Notation on the site plan that external boundary to the east is provided witha 2 metre high acoustic fence (with details provided);

1.1.

Notation on the elevation plan the height of first floor outdoor play area screento be obscure glazed windows to a height of 1.7 metres below the finishedfloor level;

1.2.

Notation on the plans that all windows to be acoustically treated to reducenoise emanating from the building;

1.3.

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Tree protection zones on the site plan and landscape plan in accordance withCondition 2.

1.4.

All to the satisfaction of the responsible authority.

Prior to the endorsement of plans under Condition 1, the landscape plan submittedfor the development of the site must be amended to include tree protection zonesaround Tree Nos. 19, 20, 21 and 24 (as identified in the arboriculture report). Tree

2.

protection zonesmust be established in accordance with Australian Standards 4970using pier and beam construction and non-root destructive excavation methods(hydro excavation or hand dug). The landscape plan must be submitted to theResponsible Authority for approval. When approved, the plan will be endorsed andwill then form part of the permit.

Prior to the commencement of the use, an acoustic fence, a minimum of 2 metreshigh from ground level, must be constructed along the abutting east externalboundary at the cost of the owner of 808-814 Heatherton Road, Springvale Southand thereafter maintained at all times, all to the satisfaction of the ResponsibleAuthority.

3.


4.


5.


6.

Nomore than eighteen (18) staff members and amaximumof ninety-two (92) childrenshall be on the premises at any one time.

7.

The use may operate only between the hours of 6.30am to 7.00pmMonday to Friday,unless with the further written consent of the Responsible Authority.

8.


9.

The connection of the internal drainage infrastructure to the Legal Point of Discharge(LPD) must be to the satisfaction of the Responsible Authority, prior to the issue ofland upgrade Approval.

10.

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11.


12.

Any works undertaken within the road reservation and easements will require thedeveloper to obtain a Civil Works Permit fromCouncil. The connection of the internaldrainage infrastructure to the LPD must be to the satisfaction of the ResponsibleAuthority, prior to the issue of land upgrade Approval.

13.


14.


15.


16.

Before the use can commence, the area(s) set aside for parking and vehicle accessas shown on the application plans must be:

17.

Constructed in accordance with the endorsed plan(s).Properly formed to such levels that they can be used in accordance with theplan(s).Surfaced with an all-weather sealcoat.Drained to the legal point of discharge.Line marked to indicate each car space and all access lanes.


Standard concrete vehicular crossing must be constructed to suit the proposeddriveway/s in accordance with the Council's standard specifications. Any vehiclecrossing/s no longer required must be removed and the land, footpath and kerb andchannel reinstated, and the nature strip sown with grass, all to the satisfaction ofthe Responsible Authority.

18.

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19.


20.


21.


22.

The amenity of the areamust not be detrimentally effected by the use or developmentof the land, through the:

23.

Transport of materials, goods or commodities to or from the site;23.1.

Appearance of any building, works or materials; and23.2.

Emission of noise, artificial light, vibration, small, fumes, smoke, vapour,steam, soot, ash, dust, waste water, waste products, grit or oil.

23.3.

To the satisfaction of the Responsible authority.

All external colours must not cause any adverse impact, and must be to thesatisfaction of the Responsible Authority.

24.

All screening devicesmarked on the endorsed plan shall bemaintained by the ownerof the land to the satisfaction of the Responsible Authority.

25.

Any changes to external boundary fencing required for under this development alongthe east and south boundaries of the site shall be constructed at the cost of theowner of No. 808 - 814 Heatherton Road, Springvale South, to the satisfaction of theResponsible Authority.

26.

VicRoads Conditions27.

A two-way sealed vehicular crossovermust be constructed at least 5.5 metreswide, as measured at the property boundary, to the satisfaction of theResponsible Authority.

27.1.

The edges of the vehicular cross over must be angled at 60 degrees to theroad reserve boundary, to improve entry and exit conditions, to the satisfactionof the Responsible Authority.

27.2.

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All redundant vehicle crossings must be removed and the area reinstated tothe satisfaction of and at no cost to the Roads Corporation prior to thecommencement of the use of the building hereby approved.

27.3.

This permit will expire:28.

If the development hereby permitted does not start within two (2) years of thedate of this permit, or

28.1.

If the development hereby permitted is not completed within four (4) years ofthe date of this permit, or

28.2.


28.3.

The use is discontinued for a period of two (2) years.28.4.


Advice notes

A Building Approval is required prior to the commencement of the approved development.Signage should be provided by the contractor for commercial tenants to ensure waste issorted appropriately.Approval of any retention systemwithin the property boundary is required by the relevantbuilding surveyor.Before commencement of the development occurs, the applicant should contact the Cityof Greater Dandenong’s Civil Development and Design Unit regarding legal point ofdischarge, new crossings, building over easements, etc.As this is an established site, the proposed internal drainage should be connected to theexisting legal point of discharge. The applicant may apply for local drainage information,if available; otherwise on site verification should be undertaken by the applicant.Two copies of floor plan for food business are to be submitted to Health Department withapplication for Approval of Plans of a Proposed Premises and applicable fee.Signage should be provided by the contractor for commercial tenants to ensure waste issorted appropriately.

CARRIED

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TOWN PLANNING APPLICATION – NO. 808-814 HEATHERTON ROAD, SPRINGVALE SOUTH (PLANNING APPLICATION NO. PLN15/0343)

ATTACHMENT 1

SUBJECT SITE & OBJECTORS’ SITES


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TOWN PLANNING APPLICATION – NO. 808-814 HEATHERTON ROAD, SPRINGVALE SOUTH (PLANNING APPLICATION NO. PLN15/0343)

ATTACHMENT 2

SUBMITTED PLANS


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2.3.6 Town Planning Application - No. 48-146 Hanna Street, Noble Park (PlanningApplication No. PLN15/0459)

345075File Id:


Submitted PlansObjectors’ LocationsClause 55 AssessmentClause 22.09 AssessmentClause 52.06 Assessment

Attachments:

Application Summary

Metropol Planning SolutionsApplicant:

Construction of 158 dwellings, removal of native vegetation andassociated buildings and works

Proposal:

General Residential Zone - Schedule 1 & Urban Floodway ZoneZone:

Environmental Audit Overlay, Land Subject to Inundation OverlayOverlay:

PaperbarkWard:

This application has been brought to a Council meeting as it has received thirty one (31) objections.

The application proposes the construction of one hundred and fifty eight (158) new dwellings, removalof native vegetation and associated works. The proposal includes two and three storey buildings.

A permit is required pursuant to:

Clause 32.08-4 (GRZ) to construct two or more dwellings on a lot;Clause 37.03-2 (UFZ) to construct a building or construct or carry out works;Clause 44.04-1 (LSIO) to construct a building or construct or carry out works;Clause 52.17-2 (native vegetation) to remove, destroy or lop native vegetation, including deadnative vegetation.

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Objectors Summary

The application was advertised to the surrounding area through the erection of a notice on-site andthe mailing of notices to adjoining and surrounding owners and occupiers. Thirty one (31) objectionswere received to the application. The main reoccurring concerns raised by the objectors generallyrelate to matters of:

Removal of vegetationRelocation of pedestrian pathImpact on Mile CreekOverdevelopmentVisual bulkIncreased traffic/parking

Assessment Summary

The subject site is well suited for medium density housing given the overall size of the site, proximityto public transport (Yarraman train station) and the Noble Park Activity Centre.

The development is respectful of the preferred neighbourhood character by way of siting, design,mass and bulk. The development provides appropriate parking provision and open space provision,and complies with both the State and Local Planning Policy Framework, and is consistent with theobjectives of Clause 55.

The proposal contributes to the diversity of housing choices available to suit the changing needs ofthe community.


As assessed, the proposal is consistent with and appropriately responds to the provisions of theGreater Dandenong Planning Scheme. The proposal appropriately responds to strategic policy forresidential development in the area with this report recommending that the application be supported,that a Permit be granted and a Notice of Decision (which provides appeal rights to objectors) to granta permit be issued containing the conditions as set out in the recommendation.

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2.3.6 Town Planning Application - No. 48-146 Hanna Street, Noble Park (Planning Application No.PLN15/0459) (Cont.)


Subject Site

The subject site is located on the southern side of Hanna Street in Noble Park.The site consists of six (6) side by side allotments including a 4 metre wide land holding (CouncilOwned Land) which is used as a pedestrian/ bicycle path connecting the Yarraman RailwayStation to the north of the site with industrial and residential land to the south and south westvia a bridge over the Mile Creek.Inclusive of the Council owned land the subject site has a total area of 36,259 square metres or3.62 hectares.The land adjoining Mile Creek to the south of the subject site comprises a Melbourne WaterReserve at the rear and includes part of of 130 Hanna Street.In terms of topography the site has a fall of approximately 4 metres from the north (front) downtowards the south (rear) of the site.The two (2) western allotments are developed with brick and concrete panel warehouses currentlyused for industry with the remainder of the lots vacant/ un-developed.In terms of vegetation the western side of the site contains some small exotic and nativevegetation none of which is considered significant, the eastern side of the site almost exclusivelycontains River Red Gums of varying age, size and condition and a few individual specimens ofSwamp Gum and Tuart with a denser concentration of the trees closer to the eastern boundarybefore becoming a more sparse scattering closer to the public path.Access to the site is provided via four (4) crossovers from Hanna Street on the western side ofthe site for the existing warehouses.A 4 metre wide sewerage easement in favour of Melbourne Water is located adjacent to thesouthern boundary of the allotment adjoining the Melbourne Water Reserve.

Surrounding Area

To the east the site adjoins Eastlink (RDZ1) and the Eastlink trail. On the opposite side of Eastlinkis Greaves Reserve.Directly to the south the site adjoins Mile Creek (UFZ) with industrial (IN1Z) and residential(NRZ1) developments on the opposite side of Mile Creek.To the west the site adjoins residential land (GRZ1) development predominantly within theimmediate area with single storey dwellings.To the north on the opposite side of Hanna Street is the Yarraman train station with residentialland (GRZ1) further to the north at the rear of the station.Dandenong Activity Centre is located approximately 1400 metres towards the south/east.Dandenong West Primary School is located approximately 700 metres towards the south/east.Yarraman Oaks Primary School is located approximately 660 metres to the north.Noble Park Secondary College is located approximately 545 metres to the north/west.Noble Park Activity Centre is located approximately 1420 metres to the west.Yarraman Shopping Activity Centre is located approximately 45-500 metres to the west.

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Locality Plan

Background



48-74 Hanna Street:

PLN07/0377 – Buildings and works comprising the construction of roof top plant and equipment,acoustic screens and an awning (industrial building).

The permit was issued 25 January, 2008.

104-128, 130 & 146 Hanna Street:

PLN04/0339 – subdivision (30).

The application was withdrawn on 13 February, 2006.

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104-128, 130 & 146 Hanna Street:

PLN07/0170 – Combined Planning Scheme Amendment & development of land for medium residentialpurposes (280 dwellings) removal of native vegetation and dispensation in car parking requirementsassociated with the use and development of the site for the purpose of a child care centre, gymnasiumand a cafe/ convenience shop.

The application lapsed on 12 October, 2009.

104-128 & 146 Hanna Street:

PLN15/0739 – Promotional signage promoting the Yarraman Village Townhouse Development (subjectapplication).

Further information was requested on 9 November, 2015, which was received on 8 January, 2016 –the application is yet to be determined.

134 &146 Hanna Street:

At a Council meeting on 22nd February, Council resolved that the land containing the existing subjectpathway and described as 134 Hanna Street, Noble Park, can be replaced with alternative land whichforms part of the Developers Land at 146 Hanna Street, Noble Park.

Subject Application

A pre-application meeting was held on 13 March, 2015 with the applicant and Council planning officersprior to the lodgement of the current application.

The proposal discussed at pre-application was for 200 townhouses and 30 visitor car spaces.

Council officers advised that a reduction in the residential parking and visitor spaces was unlikely tobe supported and whilst Council was generally supportive of the site being redeveloped for residentialpurposes the density proposed was unlikely to be supported.

The current application was lodged with Council on 27 July, 2015 for the development of 167 dwellings,removal of native vegetation and associated works.

A further information request was sent to the applicant on 28 August, 2015 with the further informationbeing provided on 6 October, 2015.

The most recent revised plans were received on 9 February, 2016 responding to Council’s concernsin relation to the extent of native vegetation removal (Red River Gums) by deleting nine (9) of thedwellings located on the eastern side of the site to allow for the retention of an additional thirty (30)trees on the site and the increased width to the eastern public access way through the site. Theseplans now form part of the current proposal being assessed.

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Proposal

The application proposes the development of the land for the purpose of 158 dwellings, the removalof native vegetation and buildings and works on land in the Urban Floodway Zone and affected bythe Land Subject to Inundation Overlay.

Key details of the proposal are as follows:

The proposed development comprises 158 townhouses within a large infill site. The proposal includes8 two-bedroom, 131 three-bedroom and 19 four-bedroom townhouses with the required rates of carparking provided for both residents and visitors.

The proposed townhouses comprise ten (10) types of which there are several variations. The dwellingswill be a mixture of two (2) and three (3) storeys.

Car parking for each dwelling is proposed in a variety of single and double carports and single anddouble garages. Off-street (on internal roads) visitor car parking is provided throughout the developmentin groupings of three and four spaces.

Five (5) new access ways are proposed from Hanna Street to internal roads which will be maintainedby an Owners Corporation.

A new 2.5 metre wide public walkway is proposed adjacent to Mile Creek with three (3) public amenityareas maintained by an Owners Corporation.

The existing Council-owned path that connects Yarraman Railway Station and Hanna Street with thepedestrian footbridge across Mile creek will be relocated and replaced with two (2) public accesspaths adjacent to the proposed internal roads.

The proposal includes the removal of thirty seven (37) native trees on the site.

Mile Creek will undergo significant restoration works as part of the proposal. These works will includeweed eradication, tree planting and rock placement to stabilise the embankment.

The development is proposed to be completed in six (6) stages.



All matters relevant to the Victorian Human Rights Charter have been considered in the preparationof this Policy and are consistent with the standards set by the Charter.



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Clause 32.08-4 (GRZ) to construct two or more dwellings on a lot;Clause 37.03-2 (UFZ) to construct a building or construct or carry out works;Clause 44.04-1 (LSIO) to construct a building or construct or carry out works;Clause 52.17-2 (native vegetation) to remove, destroy or lop native vegetation, including deadnative vegetation.

A planning permit is not required under the Environmental Audit Overlay, which will be covered laterin this report.


Zoning Controls

The subject site is located in a General Residential Zone Schedule 1 and Urban Floodway Zone (tothe north). The surrounding area to the north is a General Residential Zone - Schedule 1, to thesouth/east the land is zoned Industrial 1, to the south/west the land is zoned Neighbourhood ResidentialZone.


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 implement neighbourhood character policy and adopted neighbourhood character guidelines.To provide a diversity of housing types and moderate housing growth in locations offering goodaccess to services and transport.To allow educational, recreational, religious, community and a limited range of othernon-residential uses to serve local community needs in appropriate locations.

Pursuant to Clause 32.08-4, a permit is required to construct two or more dwellings on a lot.

It is noted that in the schedule to the zone, different requirements are set out as following:

Standard B6 (Minimum Street Setback) – As per B6 or 7.5 metres, whichever is the lesser;Standard B9 (Permeability) – Minimum of 30%;Standard B13 (Landscaping) – 70% of ground level front setback planted with substantiallandscaping and canopy trees;Standard B28 (Private Open Space) – As per B28 except with a minimum dimension of 5 metres;Standard B32 (Front Fence Height) – Maximum 1.5 metre height in streets in Road ZoneCategory;1.2 metre maximum height for other streets.

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The purpose of the Urban Floodway Zone outlined at Clause 37.03 is:

To implement the State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement and local planning policies.To identify waterways, major floodpaths, drainage depressions and high hazard areas withinurban areas which have the greatest risk and frequency of being affected by flooding.To ensure that any development maintains the free passage and temporary storage of floodwater,minimises flood damage and is compatible with flood hazard, local drainage conditions and theminimisation of soil erosion, sedimentation and silting.To reflect any declarations under Division 4 of Part 10 of the Water Act, 1989.To protect water quality and waterways as natural resources in accordance with the provisionsof relevant State Environment Protection Policies, and particularly in accordance with Clauses33 and 35 of the State Environment Protection Policy (Waters of Victoria).

Pursuant to Clause 37.03-2 a permit is required to construct a building or construct or carry out works.

Overlay Controls

The following overlays affect the subject site:

Environmental Audit Overlay (EAO)Land Subject to Inundation Overlay (LSIO)Environmental Audit Overlay (EAO)

Pursuant to the requirement to Clause 45.03-1:

Before a sensitive use (residential use, child care centre, pre-school centre or primary school)commences or before the construction or carrying out of buildings and works in association with asensitive use commences, either:

A certificate of environmental audit must be issued for the land in accordance with Part IXD ofthe Environment Protection Act 1970, orAn environmental auditor appointed under the Environment Protection Act 1970 must make astatement in accordance with Part IXD of that Act that the environmental conditions of the landare suitable for the sensitive use.

This does not require a permit to be issued as it is a statement of fact that the uses referred to cannotcommence until the conditions are met.

Land Subject to Inundation Overlay (LSIO).

The rear (south) portion of the land is subject to LSIO.

Pursuant to Clause 44.04-1 a permit is required to construct a building or to construct or carry outworks.

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An application must be referred to the relevant floodplain management authority under Section 55 ofthe Act unless in the opinion of the responsible authority, the proposal satisfies requirements orconditions previously agreed in writing between the responsible authority and the floodplainmanagement authority.


The Operation of the State Planning Policy Framework outlined at Clause 10 seeks to ensure thatthe objectives of planning in Victoria are fostered through appropriate land use and developmentplanning policies and practices which integrate relevant environmental, social and economic factorsin the interests of net community benefit and sustainable development. The objectives of Planningin Victoria are noted as:

(a) To provide for the fair, orderly, economic and sustainable use, and development of land.

(b) To provide for the protection of natural and man-made resources and the maintenance of ecologicalprocesses and genetic diversity.

(c)To secure a pleasant, efficient and safe working, living and recreational environment for all Victoriansand visitors to Victoria.

(d) To conserve and enhance those buildings, areas or other places which are of scientific, aesthetic,architectural or historical interest, or otherwise of special cultural value.

(e) To protect public utilities and other facilities for the benefit of the community.

(f) To facilitate development in accordance with the objectives set out in paragraphs (a), (b), (c), (d)and (e).

(g) To balance the present and future interests of all Victorians.


Clause 11 Settlement states that planning is to anticipate and respond to the needs of existing andfuture communities through provision of zoned and serviced land for housing, amongst others.

Urban growth is the focus ofClause 11.02which includes an objective that aims to ensure a sufficientsupply of land is available for residential development, which is relevant to the current application.

Clause 15 Built Environment and heritage seeks to ensure that planning achieves high qualityurban design and architecture that meets a number of objectives. The following objectives are ofrelevance to the current application:

To create urban environments that are safe, functional and provide good quality environmentswith a sense of place an cultural identity.

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To achieve architectural and urban design outcomes that contribute positively to local urbancharacter and enhance the public realm while minimising detrimental impact on neighbouringproperties.To encourage land use and development that is consistent with the efficient use of energy andthe minimisation of greenhouse gas emissions.

Housing is the focus of Clause 16 and includes the following provisions:

Planning should provide for housing diversity, and ensure the efficient provision of supportinginfrastructure.New housing should have access to services and be planned for long term sustainability, includingwalkability to activity centres, public transport, schools and open space.Planning for housing should include providing land for affordable housing.

Clause 16.01-2 Location of residential development includes an objective that aims to locate newhousing in or close to activity centres and employment corridors and at other strategic redevelopmentsites that offer good access to services and transport.

There are a number of objectives of relevance to the current application under Clause 18 Transportincluding the following:

To create a safe and sustainable transport system by integrating land-use and transport.To promote the use of sustainable personal transport.To integrate planning for cycling with land use and development planning and encourage asalternative modes of travel.


A Vision for Greater Dandenong is outlined atClause 21.03. Included in the vision are the followingpoints of relevance:

A municipality where, central Dandenong, major activity centres, other neighbourhood and localcentres function as activity centres where high quality, appropriate, high to medium housingexists in harmony with a thriving and well-managed retail and commercial sector.A municipality where, housing diversity and choice is promoted in its various attractiveneighbourhoods.

The objectives and strategies of the MSS are under four (4) main themes including: land use; builtform; open space and natural environment; and, infrastructure and transportation (consideredindividually under Clauses 21.04 to 21.07). Of particular relevance to this application are Clauses21.04 (Land Use) and 21.05 (Built Form).

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Clause 21.04 Land Use contains the following objectives and strategies which are of relevance tothe current application:

To encourage and facilitate a wide range of housing types and styles which increasediversity and cater for the changing needs of households.

1.

Encourage a mix of housing types that better reflects the cross section of thecommunity in Greater Dandenong.

1.1.

Encourage the provision of housing that is adaptable to support the needs of thechanging needs of present and future residents.

1.3.

To respect and improve residential environments.2.

Encourage developments to exceed minimum compliance with the requirementsof Clauses 54, 55 and 56, where appropriate and identified.

2.1.

Encourage new residential development that incorporates adequate space forthe planting and the long term viability and safe retention of canopy trees.

2.2.

Clause 21.05 Built Form contains the following objectives and strategies which are of relevance tothe current application:

To facilitate high quality building design and architecture.1.

Ensure building design is consistent with the preferred character of an area andfully integrates with surrounding environment.

1.1.

Encourage high standards of building design and architecture, which allows forflexibility and adaptation in use.

1.2.

Encourage innovative architecture and building design.1.3.

To facilitate high quality development, which has regard for the surrounding environmentand built form.

2.

Promote all aspects of character – physical, environmental, social, and cultural.2.2.

Encourage planting and landscape themes, which complement and improve theenvironment.

2.3.

Encourage developments to provide for canopy trees.2.4.

Recognising valued existing neighbourhood character and promoting desiredfuture character as defined in the Residential Development and NeighbourhoodCharacter Policy at Clause 22.09.

2.5.

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To protect and improve streetscapes.7.

Ensure that new developments improve streetscapes through generous landscapesetbacks and canopy tree planting.

7.1.

Ensure landscaping within private property that complements and improves thestreetscapes and landscaping of public areas.

7.2.

To ensure landscaping that enhances the built environment.8.

Encourage new developments to establish a landscape setting, which reflectsthe local and wider landscape character.

8.1.

Encourage landscaping that integrates canopy trees and an appropriate mix ofshrubs and ground covers and complements and integrates with existing orproposed landscaping in public areas.

8.2.

Clause 22.09 Residential Development & Neighbourhood Character Policy sets out Councilpolicy for future residential development within the municipality, identifying which areas are suitableto undergo varied levels of change.

Relevant details from that policy include the following:

To guide the form of residential development that occurs in residential areas throughout GreaterDandenong, having regard to metropolitan policies and planning policies concerning urban formand housing, while respecting valued characteristics of residential neighbourhoods throughoutthe municipality.To promote a range of housing types, in appropriate locations, to accommodate the future needsof the municipality’s changing population.To improve the quality and standard of residential development that occurs throughout GreaterDandenong and the quality, sustainability and standard of onsite landscaping provided inresidential developments.To encourage high quality, creative and innovative design that makes a positive contribution tothe streetscape.To encourage varied forms and intensities of residential development in appropriate locationsthroughout Greater Dandenong, having regard to metropolitan policies promoting urbanconsolidation and increased densities, and existing neighbourhood character.To encourage higher densities and forms of development in preferred strategic locations thathave good access to existing public transport and the Proposed Public Transport Network(PPTN), commercial, community, educational and recreational facilities.To ensure that the siting and design of new residential development takes account of its interfacewith existing residential development on adjoining sites and responds to the individualcircumstances of its site and streetscape it is located within.To implement the City of Greater Dandenong Neighbourhood Character Study (Sept 2007).

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Clause 22.09-3 provides design guidelines, some of which also relate to the variances to therequirements of standards to Clause 55 under the Schedule to the General Residential Zone. Theguidelines consider matters such as: housing form; height; bulk; site coverage; permeable site area;front setback; side and rear setbacks; private open space; car parking; landscaping; and, frontboundary treatment. An assessment against this clause is included as Attachment 4.


Clause 52.06 Car Parking needs to be considered under the current application. The purposes ofthis provision are:

To ensure that car parking is provided in accordance with the State Planning Policy Frameworkand Local Planning Policy Framework.To ensure the provision of an appropriate number of car parking spaces having regard to thedemand likely to be generated, the activities on the land and the nature of the locality.To support sustainable transport alternatives to the motor car.To promote the efficient use of car parking spaces through the consolidation of car parkingfacilities.To ensure that car parking does not adversely affect the amenity of the locality.To ensure that the design and location of car parking is of a high standard, creates a safeenvironment for users and enables easy and efficient use.

Pursuant to Clause 52.06-3 a permit is required to reduce (including reducing to zero) the number ofcar parking spaces required under Clause 52.06-5.

The table at Clause 52.06-5 sets out the car parking requirement that applies to the use of land fordwellings as follows:

One (1) car parking space to each one (1) or two (2) bedroom dwelling; and

Two (2) car parking spaces to each three (3) or more bedroom dwelling; plus General Provisions.

One (1) car parking space for visitors to every five (5) dwellings for developments of five (5) or moredwellings.

The application includes the required number of car spaces for each dwelling as well as visitor spaceswith no variation sought.

An application must meet the Design standards for car parking included at Clause 52.06-8.


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Clause 52.17 Native Vegetation must be considered, the purposes of this provision are:

To ensure permitted clearing of native vegetation results in no net loss in the contribution madeby native vegetation to Victoria’s biodiversity. This is achieved through the following approach:

Avoid the removal of native vegetation that makes a significant contribution to Victoria’sbiodiversity.Minimise impacts on Victoria’s biodiversity from the removal of native vegetation.Where native vegetation is permitted to be removed, ensure that an offset is provided in amanner that makes a contribution to Victoria’s biodiversity that is equivalent to thecontribution made by the native vegetation to be removed.

To manage native vegetation to minimise land and water degradation.To manage native vegetation near buildings to reduce the threat to life and property from bushfire.

Pursuant to Clause 52.17-2 a permit is required to remove, destroy or lop native vegetation, includingdead native vegetation. This does not apply:

If the table to Clause 52.17-7 specifically states that a permit is not required.To the removal, destruction or lopping of native vegetation specified in the schedule to thisclause.To an area specified in the schedule to this clause.

The proposal includes the removal of thirty seven (37) native trees on the site and therefore requiresa permit pursuant to Clause 52.17-2.

Pursuant to Clause 55 Two or more dwellings on a lot and residential buildings of the GreaterDandenong Planning Scheme, the provisions of this Clause apply to an application:

To construct two or more dwellings on a lot.

The purpose of this clause is:

To implement the State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement and local planning policies.To achieve residential development that respects the existing neighbourhood character or whichcontributes to a preferred neighbourhood character.To encourage residential development that provides reasonable standards of amenity for existingand new residents.To encourage residential development that is responsive to the site and the neighbourhood.

A development:

Must meet all of the objectives of this clause.Should meet all of the standards of this clause.

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General Provisions



No current proposed Planning Scheme Amendment affects the proposal. However, the proposal haspreviously been affect by Amendment C168, explained below:

Amendment C168

Amendment C168 to the Greater Dandenong Planning Scheme was gazetted in February 2014 andrezoned the subject site from the Industrial 1 Zone to the Residential 1 Zone and applied anEnvironmental Audit Overlay (EAO) to the land.

The Residential 1 Zone has since been replaced with the General Residential Zone – Schedule 1,following the implementation of the new suite of residential zones in mid-2014.

The amendment was required to allow the future use and development of the land for residentialpurposes.

An independent Panel (appointed by the Minister for Planning) considered the merits of the rezoningand found that it was strategically justified. The panel report indicated the following issues were keyto the amendment:

Planning context and strategic justificationTrafficNoise and residential amenityThe future of the rail corridorOther issues

Native vegetation and habitatMelbourne Water submission.


No restrictive covenants are registered on the Certificate of Title.

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Community Safety

It is considered that there would be no adverse community safety implications in permitting theproposal subject to strict conditions on any planning permit issued.



Referrals

External

Pursuant to Section 55 of the Planning and Environment Act 1987, the application was externallyreferred to:


No objection subject to conditions and footnotes placed on any permitissued in relation to FFL and landscaping.

Melbourne Water

(Urban Floodway Zone andLand Subject to InundationOverlay).

Planners Note: Conditions included as part of the proposed permitconditions (Conditions: 4-23).

No objections subject to conditions in relation to offset requirementsand protection of existing vegetation on site.

Department ofEnvironment, Land, Water& Planning

Planners Note: Conditions included as part of the proposed permitconditions (Conditions 34-38).(Native Vegetation

removal)

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And the following external authorities for their comments:


At the time of writing this report, a response from VicRoads was stilloutstanding.

VicRoads

(Eastlink)

No objections/ no conditions/ comments.VicTrack

(Railway line)

No objections, some concerns with potential noise conflict. Proposedconditions in relation to noise barriers (Acoustic report - Condition 27).

Connect East

(Eastlink)Planners Note: The applicant has provided an acoustic report and allworks will be required to be undertaken in accordance with therecommendations made within the report which can be endorsed aspart of the permit.

No objections. Proposed condition in relation to the potentialcontamination of the land from previous land uses.

Environment ProtectionAuthority

Planners Note: The submission of a Statement of Environment Auditprior to the commencement of works is addressed as a permit condition(Conditions 24 and 25).

(Due to the site previouslybeing used for Industry).

Internal

The application was internally referred to the following Council Departments for their consideration:


No objections. A Permit could be granted/ no Conditions/ no concerns.Strategic Planning

No objections. A Permit could be granted subject to Conditionsregarding a revised Sustainability Management Plan.

ESD/ Sustainability

Planners Note: Conditions included in proposed permit (Condition 2).

No objections subject to minor design refinements.Urban Design

Planners Note: These items have since been addressed through thesubmission of amended plans.

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No objections, some initial concerns with the replacement of the publicpath in terms of location and design. No conditions.

Transport Planning

Planners Note: This has since been addressed through the submissionof amended plans by the applicant.

Further information required; Some initial concerns regarding overflowpaths, referral to MelbourneWater required, submission of a StormwaterManagement Plan and proposed finished level of the internal roadsand proposed finished floor level of buildings to AHD required.

Asset Planning

Planners Note: MelbourneWater referral – conditions address the FFLand above requirements (Conditions 4 – 23).

Further information required; Stormwater Management Strategy report.Site is liable to flooding and all proposed buildings will need to be designabove the 1 in 100 flood level.

Civil Development

Planners Note: Drainage conditions included in proposed permit(Conditions 41 – 45).

Initial concerns with the original proposal in relation to not enough treesbeing retained & insufficient root space allocated to trees being retained.

Bushland & Garden

Recommend keeping a tree reserve along the Eastern border to helpoffset the removal of significant vegetation.

Planners Note: Most recent plans show the retention of additional treesalong the eastern side.

Further information required; size of internal roads.Waste & CleansingServices

Planners Note: Current plans show dimensions of internal roads.

Initial concerns/ further information required; management costs &liability for Council in relation to management of River Red Gums;extent of native vegetation impacted likely to be greater than identified;water management; & design of shared user path and impact on treesand users.

Environmental Planning

Planners Note: Concerns and further information addressed throughthe submission of amended plans by the applicant.

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The comments provided will be considered in the assessment of the application. It is noted that themajority of concerns/ comments provided above were in response to the original application with theplans since being amended and further information provided.

Advertising

The application has been advertised pursuant to Section 52 of the Planning and Environment Act1987 by:

Sending notices to the owners and occupiers of adjoining land.Placing seven (7) signs on site, five (5) on the front land of each lot facing Hanna Street & two(2) along the public footpath.


Council has received thirty one (31) objections to date.

The location of the objectors / submitters is shown in Attachment 2.

Consultation

A consultative meeting was not held.


The main reoccurring concerns of the objectors relate to the; removal of vegetation; relocation of thepedestrian path; impact on Mile Creek; overdevelopment; visual bulk; and increased traffic/ parking.

Council received thirty one (31) objections via written letters and emails.


Removal of native vegetation

The most recent proposal includes the retention of an additional 30 trees located on the eastern sideof the site by the deletion of 9 townhouses. It is considered that an appropriate balance has beensought between the extent of vegetation removal and level of development on the site.

The panel report associated with the rezoning of the land to residential concluded that “Whilst thesite has recognised environmental values, the Panel is satisfied that under the existing or newvegetation management framework that the environmental values can either be protected on site orappropriate offsets determined if on site protection is not possible”.

It is considered that the most recent proposal has achieved this with the sufficient retention of theRiver Red Gums on the site.

The applicant has provided sufficient information in relation to the existing native vegetation on thesite in the form of an Arboricultural Assessment & Biodiversity Assessment and appropriate offsetswill be required to replace the lost native vegetation.

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Overdevelopment

The proposed development substantially complies with the Standards and is considered to meet allof the Objectives under Clause 55 (ResCode). The subject site is zoned General Residential Zone(GRZ1) which is designated as an ‘Incremental change area’ and is strategically located in terms ofproximity to public transport and activity centres providing an ideal site for residential redevelopment.

The development provides a reasonable level of private open space throughout the site which providebreaks between the extent of built form on the site and sufficient areas for landscaping along withthe retention of existing native vegetation which will assist in softening the appearance of built formand contribute to the landscape qualities of the site and surrounding residential area. A large area ofopen space is proposed to the eastern side of the site which allows for the retention of the River RedGums.

Varying dwelling types are proposed throughout the development providing a variety of housingchoices whilst also ensuring that the residential development is not repetitive.

Impact on Mile Creek, Increase in pollution to flora and fauna on Mile Creek (litter)

The proposal includes the regeneration of the section of Mile Creek adjoining the subject site throughmethods such as weed eradication, planting of indigenous species, and rock placement to stabilisethe embankment.

The applicant has provided a Geo-technical report which makes recommendations to ensure thatminimal impact is made upon Mile Creek in terms of erosion from the proposed development and allworks can be conditionally required to be undertaken in accordance with the recommendations ofthis report.

Areas of public open space and a pedestrian walkway are proposed along Mile Creek connecting toexisting paths adjoining the subject site on the east and west boundaries. Seating, picnic areas andgrassy open areas are included with the rejuvenation of the area which are considered a positiveoutcome compared to the existing conditions of the creek, providing an enjoyable public area whichwill be maintained by a Body Corporate.

Relocation of the pedestrian path to Yarraman R/S

The proposed land swap in relation to the pedestrian pathway through the subject site was determinedat a Council meeting on 22 February, 2016. Council resolved to agree to the land swap authorisingthe transfer of the land (minute 1267).

The plans have been amended since the notification period to provide a more easily identifiablepedestrian path from the south of the site to Yarraman rail station. Two (2) public pathways areproposed to replace the existing pathway and it is considered that the current proposal which increasesthe width of the main pedestrian foot path to 2.5 metres whilst providing directional signage to andfrom the pathways as well as adequate lighting is considered a more reasonable outcome that canbe supported.

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The two (2) paths provide a direct linkage through the site to Yarraman rail station and the southernfootbridge over Mile Creek which addresses the main concerns of the objectors.

Visual bulk of the development

The layout and design of the residential buildings has incorporated elements of articulation throughthe use of various dwelling types, external façade, setbacks and number of storeys which provide alevel of visual interest to the front façade of the buildings avoiding excessive duplication whilst alsomaintaining a level of consistency within the overall design.

Sufficient breaks and recesses have been provided throughout the development through the placementof roads, landscaping areas and pedestrian walkways providing visual relief from the extent of builtform.

Whilst it is acknowledged that the adjoining residential dwellings located to the west of the subjectsite are generally single storey detached dwellings, it is considered that the proposed developmenthas been respectful of the adjoining residential interface through sufficient setbacks (a minimum of3.8 metres is proposed from the west boundary) which provide graduated change in height betweenthe adjoining properties and the proposed development. These areas of private open space aresufficient in area to allow for landscaping which will soften the appearance of built form. Overall thedwellings vary in design and scale responding to the context of the site and adjoining properties witha maximum of three (3) storeys proposed.

It is noted that the three storey developments are placed throughout the development and do notcreate bulky buildings as they are flanked by two storey dwellings.

Increase in traffic/ parking

The proposed development provides the required number of on-site car parking spaces in relationto the number of dwellings as well the required number of visitor spaces. The most current plansshow an excess in terms of the required number of visitor spaces resulting from the deletion of nine(9) dwellings.

The extent of on-site parking is considered reasonable given the site’s proximity to the Yarramantrain station opposite the site providing future residents with a convenient opportunity in terms of analternative mode of transport.

Whist it is acknowledged that the development will increase traffic within the surrounding residentialroad network the extent of increased traffic is considered to be negligible with the residential roadnetworks able to cope with the increase.

Recreational area along Mile Creek not appropriate – not a safe area for children/ &overdevelopment of the area

The proposal does not include any child play areas and it is considered to be the responsibility ofparents to ensure the safety of their children around waterways.

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The provision of the recreation area, viewing platform and BBQ area make the area adjacent to thecreek more accessible for public enjoyment. Whilst these areas of built form are proposed thedevelopment also includes areas of replanting and the regeneration of the creek area and embankmentwhich will assist in revitalising the creek area for the enjoyment of the general public whilst alsoensuring the environmental values of the area are not compromised.

Lack of Private Open Space (POS) to dwellings

Each dwelling has been provided with sufficient areas of private open space in accordance with theobjectives of Clause 55.05-4 (Private Open Space Objective) with someminor variations sought (referto assessment below).

Overall the extent of private open space provided within the development is considered sufficient forthe reasonable recreation and service needs of the residents with public areas of open space providedalong the southern side of the site adjoining the creek as well as the eastern side of the site.

Loss of view of Mile Creek

It is reasonable to expect that some level of residential development will occur at some point on thesubject site which is privately owned. Any development on the site is likely to inhibit views from thestreetscape through the site to Mile Creek and it is not considered reasonable to prevent developmentoccurring on the site or to impose any design constraints to retain any perceived views through thesite to the creek which is not subject to any planning controls warranting the protection of any sharedview lines.

Impact on wildlife

The application includes a Biodiversity Assessment Report by Ecology and Heritage Partners datedJuly 2015. The report indicated that there were no fauna species listed as threatened under the Floraand Fauna Guarantee Act 1988 (Victoria) during the field assessment and that none were consideredlikely.

The proposal includes the retention of 140 trees on the subject site as well as the regeneration of thesection of Mile Creek adjoining the subject site. The extent of vegetation being retained on site aswell as additional replanting will provide a valuable habitat for local wildlife on the subject site andsurrounding area.

Increased crime

The social status of future residents is not a planning consideration. The State Planning Policyframework (Clause 16.01) encourages the increased supply of housing within existing urban areasby facilitating increased housing yield in appropriate locations including under-utilised urban land andit is considered that the subject site is strategically located in terms of placement and size to achievethis objective.

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Devaluation of homes

Planning applications are assessed on their amenity impacts not property values and therefore thedevaluation of surrounding homes as a result of the development can not formed part of theassessment process.

Visual bulk of 3 storeys on Mile Creek/ overshadowing to creek

The level of development adjoining Mile Creek is considered reasonable. The dwellings are sufficientlysetback from the proposed public area adjoining Mile Creek. A variety of dwelling types are proposedfronting Mile Creek with a mixture of two and three storeys provided which results in a varying roofpattern/ height this along with staggered building setbacks assists in breaking up the visual bulk ofthe development. The dwellings are broken into four main blocks fronting Mile Creek with pedestrianpathways providing a visual break in-between the level of built form. Extensive areas of landscapingwill also be provided along the pedestrian footpath adjacent to the creek which will soften theappearance of built form.

Whilst there will be some extent of overshadowing, this is a result of the orientation of the allotmentwhich adjoins Mile Creek to the south, the extent of overshadowing will mainly impact on sections ofthe pedestrian pathway. The level of overshadowing is considered reasonable and is generallyconfined to the morning with the area still receiving sufficient sunlight in the afternoon as indicatedon the overshadowing plans provided by the applicant.

Inadequate buffer to industrial buildings and noise generated from industrial will impacton residents – concerns raised by neighbouring sheet metal engineering andmanufacturing business from industrial premises at 31 Tower Court.

The adjoining industrial area to the south is fully developed and well established with existing industrialuses. It is envisaged that any prospective future residents would be well aware of the adjoining landuses and potential noise sources which are clearly established on adjoining lots.

Acoustic measures in terms of acoustic fencing to the southern facing dwellings is recommendedwithin the “Environmental Noise Assessment’ report provided by the applicant, and proposedlandscaping adjacent to the creek area will also assist in buffering any existing established noisefrom the neighbouring industrial area. A condition of the permit will require all works are conductedin accordance with the recommendations made within the ‘Environmental Noise Assessment’ reportwhich can be endorsed to form part of the permit (Condition 27).

It is noted that the land to the south is zoned ‘Light Industrial’ and uses must comply with the PlanningScheme. Accordingly, if amenity is being disturbed by the industrial use, Planning Compliance caninvestigate and where legitimate complaints are verified, can initiate enforcement.

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Assessment

Development

The development proposes a total of one hundred and fifty eight (158) dwellings on the subject sitewith a mixture of two (2) and three (3) storey dwellings. The number of dwellings has been reducedfrom the original proposal of one hundred and sixty seven (167) to address Councils concerns inrelation to the extent of tree removal of the River Red Gums on the eastern side of the site and it isconsidered that the current proposal is a reasonable compromise in terms of development and extentof vegetation removal on the site.

The subject site is located within an Incremental change area as detailed within Clause 22.09 –Residential Development & Neighbourhood Character Policy. Whilst the development generallycomplies with the design guidelines as specified under clause 22.09-3.2, a variation is sought to theground floor areas and areas of private open space with some of the dwelling types (K1, G & C)provided with reverse living areas located on the first floor and limited ground level areas of privateopen space which are accessed via bedrooms. These ‘reverse living’ dwellings have been providedwith main areas of secluded private open space in the form of first floor balconies and are consideredreasonable to allow given the extent of public open space areas provided throughout the developmentsite.

The subject site is unique in terms of having only one (1) residential interface. The neighbouringresidential properties to the west are mainly single storey dwellings and the development has provideda graduated change in building height to these residential properties with the proposed dwellingslocated on the western side of the site having a maximum height of two (2) storeys with minimumside setbacks of 3.8 metres. This then increases to a higher intensity with the proposed residentialdevelopment increasing to three (3) storeys fronting Hanna Street.

The more intensive three (3) storey dwellings (type K) fronting Hanna Street are clustered togetheradjacent to the front of the site adjoining Hanna Street in a row of eighteen (18) dwellings. Frontfaçade of these dwellings have been broken up through the use of protruding walls and staggeredsetbacks along with varying building materials and external colours which provokes a level of interestwhen viewed from the streetscape. The remaining three storey dwellings (types C & G) are scatteredthroughout the site between the double storey dwellings which provides a variance to the overallbuilding height and assists in breaking up the visual bulk of the dwellings providing a reasonable levelof contrast between the type of dwellings.

The layout of the proposed development is considered acceptable with some minor design changesto provide a more appropriate level of articulation to the side elevations of those dwellings directlyadjoining the public access ways and areas of open space. Currently these dwellings which varybetween two and three storey have blank sheer walls with no articulation to break up the visual bulk.A sufficient level of articulation should be provided to these areas adjoining the public realm whichcan be addressed through a condition of the permit requiring better articulation to these walls.

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Clause 55 – Two or more dwellings on a lot and residential development

An assessment of the proposed residential development has been made against Clause 55, overallthe proposal is considered to meet all of the objectives of Clause 55 and the majority of the Standards.Those Standards that warrant further discussions are detailed as follows:

Standard B6 – Street setback

A variance is sought to the front street setback to Hanna Street with a minimum front setback of 2metres proposed. The minimum required front setback is 7.5 metres as specified under the scheduleto the General Residential Zone.

The variation is considered reasonable given the level of proposed development on the site andoverall site area. As mentioned the site has only one adjoining residential interface to the west withthe neighbouring dwelling setback in excess of 7.5 metres from the Hanna Street boundary.

Varying dwelling types are proposed along the northern boundary adjacent to Hanna Street withthese dwelling types having varying setbacks to Hanna Street of between 2 metres to 5.4 metres.These varying setbacks and dwelling types prevent the development from being repetitive providingfor an appropriate level of articulation when viewed from the streetscape.

Standard B7 – Building height

The proposed development varies the maximum 9 metre building height with a maximum of 10.1metres proposed to dwelling type G.

The variation is considered reasonable to allow given the adjoining land uses with the only adjoiningresidential built form located to the west consisting of single storey dwellings. The overall height ofthe buildings is considered to be respectful of the neighbourhood character of the area through theplacement of the double storey dwellings adjacent to the western boundary. These dwellings havebeen appropriately setback from the boundary with ground level areas of private open space suitablein size for landscaping which will assist in softening the appearance of built form when viewed fromthe neighbouring residential properties.

Standard B13 – Landscaping

The schedule to the General Residential Zone specifies that at least 70% of ground level front setbackshould be planted with substantial landscaping and canopy trees. Whilst the individual areas of privateopen space to the dwellings do not meet this requirement, the overall extent of landscaping proposedthroughout the site particularly adjacent to Mile Creek along with the retention of the majority of theRiver Red Gums located on the eastern side of the site which makes up for any lack of landscapingareas within the boundaries of the proposed dwellings.

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Standard B17 – Side and Rear setbacks

The proposal is considered to comply with the Standard with a minor variation sought to the south/westcorner of the dwelling on lot 115. The encroachment relates only to the corner of the first floor and isnot considered to result in any undue amenity impacts on the habitable room windows and secludedprivate open space of the existing dwelling located on the adjoining western property.

Standard B28 – Private Open Space

Whilst each dwelling has been provided with either a minimum of 25 square metres of secludedprivate open space area and total private open space area of 40 square metres or a first floor balconyof at least 8 square metres, the ground level areas of secluded private open space to dwelling typesA2, F1 and B fall short of the minimum dimension of 5 metres with these areas having a minimumdimension of between 3 metres to 4.8 metres.

These reduced dimensions are considered reasonable to allow given the level of developmentproposed on the site. Areas of public open space are provided along the southern side of the siteadjacent to Mile Creek and eastern side of the site which are considered sufficient to meet anyrecreational needs of future residents. Furthermore the site is well placed with close proximity to theneighbouring Eastlink trail and both the Greaves and Fotheringham Reserves which are located onthe opposite side of Eastlink.

Standard B30 – Storage

The standard requires that each dwelling is provided with at least 6 cubic metres of externallyaccessible secure storage space.

Whilst the development has provided areas of storage to each of the dwellings internally and externally,these area vary in size from aminimum area of 5 cubic metres to a maximum area of 9.2 cubic metres.

Overall the extent of proposed storage area is considered relevant to the proposed floor area correlatingto the dwelling type and is considered reasonable to allow.

Car Parking

The proposal is for one hundred and fifty eight (158) dwellings varying between two (2) bedrooms tofour (4) bedroom dwellings.

Pursuant to the requirements of Clause 52.06-5 the following rate applies to the use of a dwelling:

ProvidedRequirementProposed number ofdwellings

Car parking rate

888 x 1 to 2 bedroom1 To each one or two bedroom dwelling

300300150 x 2 or morebedrooms

2 To each three or more bedroom dwelling(with studies or studios that are separaterooms counted as a bedrooms)

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3331Total of 158 dwellings1 For visitors to every 5 dwellings fordevelopments of 5 or more dwellings

341339Total

The proposal includes the required number of car spaces for each dwelling with no variation sought.Each dwelling has been provided with individual car spaces accessed via single crossovers from theinternal roads.

Parking to each dwelling has been provided in the form of a mixture of car spaces/ carports andgarages depending on the number of bedrooms.

As the development is for more than five (5) dwellings visitor car parking is required to be providedon the site and the proposal includes thirty three (33) visitor car spaces scattered internally throughoutthe development which is in excess of the thirty one (31) required car spaces. The visitor spaces arelocated in clusters of between two (2) and four (4) spaces adjacent to the internal roads. To ensurethat these areas are easily identified a condition can be placed on any permit issued requiring thesespaces to be well lit and clearly signed as visitor spaces (Condition 1.4).

Access to the subject site will be via five (5) access points from Hanna Street. These will provide twoway accesses into and from the site to the internal road network which is proposed to be controlledand maintained by an Owners Corporation.

Pedestrian paths are proposed throughout the site along one side of the internal roads.

The applicant has provided a Transport Impact Assessment Report undertaken by traffic engineeringconsultants. The report indicates that the internal roads are expected to carry up to 200 vehicles perday of which the Owners Corporation will be able to adequately cope with.

The report also indicates that the original proposal for 167 dwellings is likely to generate between100 and 1002 vehicle movements in any peak hour and daily respectively with adequate capacitywithin the surrounding existing road network to cater for the proposed increase in traffic generatedby the proposed development.

The application was internally referred to Councils Traffic Engineers which indicated that there areno major concerns with the application and parking and traffic assumptions provided within the reportare considered acceptable.

Overall the development is considered to comply with the Design Standards specified under Clause52.06-8 with the exception of Design Standard 2 to dwelling types A1 & A2 which are three (3) bedroomdwellings.

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These dwellings have been provided with a single car space and single carport. The dimensions ofthe carport fall short of the required minimum 6 metres by 3.5 metres with the carports being 5.4metres by 3.4 metres. Furthermore, these areas are encumbered by a landscaping strip located atthe side of the carport underneath the structure which further reduces the internal width of the carports.External storage areas are also provided at the ends of the carports with outward opening doorswhich cannot be accessed once a car is parked within the carport.

It is recommended that these dwelling types (A1 & A2) are converted into two (2) bedrooms whichwould then delete the requirement for two spaces providing more room on the site for landscapingand overcoming the non-compliance issue with Design Standard 2 as mentioned above (Condition1.1).

Vegetation & Tree Impact (Site & Surrounds)

Pursuant to Clause 52.17 a permit is required to remove, destroy or lop native vegetation includingdead native vegetation as the subject site has an area greater than 0.4 hectares.

The subject site currently contains a number of significant native trees predominately located on theeastern side of the site and adjacent to the southern side of the site adjoining Mile Creek.

The proposal includes the removal of thirty seven (37) native trees generally located on the easternside of the subject site.

The applicant has provided the following reports as part of the application:

Arboricultural Assessment by an arboricultural consultancy dated 5/04/2012Biodiversity Assessment by a biodiversity consultant dated July 2015Summary Arboricultural Assessment Report by a horticultural consultancy dated 9 March, 2015.

The Arboricultural Assessment indicates that of the one hundred and nine (109) trees inspected onthe site, three (3) of these trees were given an arboricultural rating of high; fifty three (53) of thesetrees were given a rating of moderate; thirty five (35) were given a rating of low; and eighteen (18)were not given a rating due to those trees being either dead/ dying/ defective or of weed species.

The extent of vegetation removal is considered reasonable with an appropriate balance now gainedbetween the level of residential development on the site and extent of tree removal required to facilitatethe development.

Of concern is the management of the River Red Gums which can shed large limbs without warningor prior signs of defects. To address this the Arboriculture Assessment recommends setbacks fromthese trees being sufficient for the canopy spread plus the addition of one (1) metre within areas ofproposed open space as well as the retention of clusters of the existing River Red Gums to avoidfragmentation of the trees which will also assist to reduce the requirement for offsets. The proposedlandscape plans have incorporated the recommendations made in relation to setbacks from the RiverRed Gums to proposed seating areas which can be endorsed as part of any permit issued.

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The application was referred to the Department of Environment, Land, Water & Planning (DELWP)under Section 55 of the Planning and Environment Act 1987. DELWP advised they have no objectionsto the proposal subject to conditions placed on any permit issued in relation to tree protection measuresand offset requirements. These conditions have been included as part of the proposed permit conditions(Conditions 34-38).

The native vegetation proposed to be removed has been classified as ‘Plains GrassyWoodland (EVC55)’ and the ‘Biodiveristy Assessment’ submitted with the application indicates that there are nothreatened fauna species or protected flora species or ecological communities identified within thesubject site. The report concludes that “the majority of the study area is cleared of native vegetationand is highly modified. An area of Plains Grassy Woodland in poor condition was recorded at theeastern end of the study area and comprised of overstorey trees only (River Red Gum Eucalyptuscamaldulensis) with a highly modified understorey dominated by exotic species”.

Overall the proposed vegetation removal is not considered to significantly contribute to Victoria’sbiodiversity as the extent of native vegetation removal has been minimised through the retention ofthe majority of River Red Gums adjacent to the eastern side of the site with 79% of vegetation beingretained on the subject site.

Trees along the southern side of the site adjoining Mile Creek are to be retained with the exceptionof three (3) dead trees which are proposed to be removed. Extensive weed control will be undertakenalong Mile Creek adjoining the subject site as well as indigenous replanting to regenerate the areaand assist in stabilising the embankment. The application was referred to Melbourne Water as beingthe responsible waterway authority for Mile Creek. MelbourneWater advised they have no objectionsto the proposal subject to the submission of a functional design for waterway erosion control and anamended landscape plan. Melbourne Waters conditions have been included as part of the proposedpermit conditions (as noted above).

The applicant has provided a landscape plan which indicates the planting of a significant number ofnew canopy trees throughout the site along both sides of the internal road network and along thefront of the site adjacent to Hanna Street. The replanting will contribute to the landscape qualities ofthe subject site and surrounding area whist also providing a level of shade to areas of on-site carparking for visitors.

Public Open Space

A 2.5 metre wide public pathway adjacent to Mile Creek is proposed on the southern side of the sitewith three (3) main public seating/ BBQ areas proposed on the south and eastern sides of the site inaddition to three (3) smaller seating areas located along the Mile Creek footpath.

A 1565 square metre public amenity zone is proposed to the south/eastern corner of the site whichwill provide an informal grassed parkland area and seating area.

A lookout structure and seating area with timber decking is proposed on the southern side of the siteto the western side of the existing pedestrian bridge over Mile Creek and a third seating area andlookout platform area is proposed further along the western side of the path.

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These public areas are proposed to be transferred to Council to form part of the public open spacecontribution (however this will occur at the subdivision stage), whilst the area will be owned by Councilit is proposed to be maintained by a private Body Corporate. Condition 1.10 of the planning permitwill require the Private Open Space area relocated to the north-east of the site with direct accessfrom Hanna Street as this is Council’s preferred location.

It is considered that residents of the site and the surrounding area will benefit from the proposedareas of public open space through the continuation of the public pathway adjacent to Mile Creekand improved public access through the site to Yarraman train station.

Relocation of Public Footpath

The proposal relied on Council’s support for the relocation of the public footpath from Mile Creek toYarraman train station through the subject site. The proposal was to relocate this pathway to allowfor the proposed residential development through the provision of a land swap. The land swap wasdetermined at a Council meeting on 22 February, 2016. Council resolved to agree to the land swapauthorising the transfer of the land (minute 1267).

The current proposal provides two (2) public pathways through the site adjacent to the internal roadsto replace the existing public pathway. The main pedestrian path to the east will have a width of 2.5metres.

Six (6) directional signage areas are proposed along the pathways indicating the direction to Yarramantrain station and Mile Creek through the subject site to provide pedestrians with a clearer identificationthat two (2) access points are now provided.

The relocation of the pathway was critical in the design of the residential development. The pathsare located adjacent to the internal roads with windows of the proposed dwellings facing these areasto provide a reasonable level of passive surveillance of these pathways.

The provision of two (2) pathways provides a level of choice for the public with the western path liningup with the walkway to Yarraman Station on the opposite side of Hanna Street. Contrasting pedestrianpavement is proposed across Hanna Street to denote the access link to and from the station.

To ensure that a pathway is available for pedestrians to access the train station without disruption,a Section 173 Agreement (Condition 3) seeks Details of the management, construction andmaintenance of the footpath specifying works and/or services at all times during construction.

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Waste

As the proposed internal roads do not support access requirements for Council’s waste collectionvehicles, waste bin collection is proposed via a private collector.

A Waste Management Plan has been submitted as part of the application which indicates that theoriginal proposal for 167 dwellings will generate a waste estimate of 23.81 cubic metres per week.As the number of the proposed dwellings has since been reduced to 158 the Waste ManagementPlan will need to be conditionally required to be revised, upon submission this plan can then beendorsed to form part of any permit issued. A Section 173 Agreement will also be conditionally requiredin relation to the collection of all waste from the site (Condition 52).

Conclusion

The application has been assessed against the relevant sections of the Greater Dandenong PlanningScheme, including the State and Local Planning Policy Framework, Municipal Strategic Statement,Clause 55, Clause 52.06 and Clause 22.09 as set out in this assessment. It is considered that theapplication complies with these policies.

It is recommended that Council having considered all the matter required under Section 60 of thePlanning and Environment Act 1987 decides to Issue a Notice of Decision to Grant a Planning Permitsubject to conditions.

Recommendation

That Council resolves to issue a Notice of Decision to grant a permit in respect of the landknown and described as 48-146 Hanna Street, Noble Park, for the development of the land forthe purpose of one hundred and fifty eight (158) dwellings, the removal of native vegetationand buildings and works on land in the Urban Floodway Zone and affected by the Land Subjectto Inundation Overlay, all in accordance with the plans submitted with the application subjectto the following conditions:


1.


Convert all dwelling Types A1 & A2 internally to two (2) bedrooms alongwith the removal of one (1) of the car spaces within the frontage to allowfor additional landscaping.

1.1.

The single carports proposed for dwelling Types A1 & A2 increased to aminimum of 6 metres by 3.5 metres in accordance with Design Standard 2of Clause 52.06.

1.2.

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Provide a better level of articulation/ design interface to all internal eastand west facing elevations to dwelling Types A1-2 (lot 42); C1-1 (lots 22, 65& 106); and E1-1 (lots 10, 48 & 96) adjoining public access areas that aremore reflective of street facing elevations to dwelling Types F1 & F2.

1.3.

The visitor car spaces to be clearly signed and well lit.1.4.

Details in terms of the proposed staging timeframe of the development.1.5.

The inclusion of the construction of the eastern public access way to formpart of the stage 1 works and the remaining western public access way toform part of the stage 2 works.

1.6.

The inclusion of the public access way to the south of the site and MileCreek regeneration to be shown on the proposed staging plans.

1.7.

A revised Waste Management Plan to reflect the number of dwellings asbeing 158.

1.8.

An updated Landscape plan generally in accordance with the LandscapeConcept Plan submittedwith the application byMDGLandscape Architectsdrawing numbers L01(E); L02(B) & L03(A) but amended to reflect the currentlayout as shown on the ‘Rothe Lowman Development Masterplan, drawingnumber SK00.02, Revision P1’.

1.9.

The Private Open Space area as located to the south-east of the developmentis to be relocated to the north-east of the site, immediately abutting HannaStreet and be the equivalent to 5% of the total land area.

1.10.

Fencing details of rear fence to dwellings along south of site (Mile Creek),and front fencing to dwellings facing Hanna Street.

1.11.

Melbourne Water's minimum floor level as detailed under conditions 5-16.1.12.


Prior to the endorsement of drawings, the applicant is to address the following itemsin the form of a revised Sustainability Management Plan to the satisfaction of theresponsible authority. The sustainability management plan, and supportingdocumentation should address the following:

2.

Provide a revised energy rating sample that demonstrates the units achievean average overall energy efficiency rating of 7-stars.

2.1.

The incorporation of 2000L rainwater tanks to all townhouses.2.2.

A completedMUSICmodel, supported by the relevant drainage engineeringdrawings that include the commitment to install the specific model of GrossPollutant Traps as specified in the MUSIC model and ESD report.

2.3.

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The drainage engineering drawings must also include the maintenanceregime of the specified GPTs to maintain the level of performance over thelife of the asset.


Prior to the endorsement of plans the owner must enter into an agreement with theResponsible Authority made pursuant to Section 173 of the Planning andEnvironment Act 1987 to provide for the following:

3.

That the construction of the proposed public access through the subjectsite is to be completed and accessible to the public prior to the closure ofthe existing public access. A path must always be available to the publicfor access across the site.

3.1.

That the path will be designed, constructed and maintained by the ownerto shared path standards in accordance with Council standard drawing802-A, or any relevant subsequent drawing as determined by Council.

3.2.

That Council will not transfer the land of the existing public access to theowner until the new path has been constructed to the satisfaction of theResponsible Authority, and has been transferred to Council’s ownership.

3.3.

That the owner or owner’s corporation is responsible for all future pathmaintenance.

3.4.

The Agreement to be registered on the Title to the land, including eachsubsequent lot title created from the parent title, to the satisfaction of theResponsible Authority.

3.5.

The owner/s of the land to be responsible for the cost of preparing, executingand registering the Agreement on the Certificate of Title to the land(including costs incurred by the Responsible Authority).

3.6.

Before the endorsement of plans an application must be made to theRegistrar of Titles to register the section 173 agreement on the title to theland under section 181 of the Act.

3.7.


Start of Melbourne Water Conditions

Pollution and sediment laden runoff shall not be discharged directly or indirectlyinto Melbourne Water's drains or waterways.

4.

Dwellings on lots 10-15must be constructed with finished floor levels set aminimumof 25.02 metres to AHD.

5.

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Any garages on lots 10-15 must be constructed with finished floor levels set aminimum of 24.72 metres to AHD.

6.


7.


8.


9.


10.


11.


12.


13.


14.

Dwellings on lots 106-115 must be constructed with finished floor levels set aminimum of 26.05 metres to AHD.

15.


16.

Prior to the development plans being endorsed and the commencement of works,amended plans must be submitted to Council and Melbourne Water addressingMelbourne Water's minimum floor level conditions. Plans must be submitted withground and floor levels to Australian Height Datum (AHD).

17.

Prior to the issue of a Certificate of Occupancy, a certified survey plan, showingfinished floor levels (as constructed) reduced to the Australian Height Datum, mustbe submitted to Melbourne Water to demonstrate that the floor levels have beenconstructed in accordance with Melbourne Water's requirements.

18.

The landscape plan (including waterway setback) must be generally in accordancewith the landscape plan 'Landscape Concept Detail Plans; Drawing Number: 1541ALO3 [A], Revised 16.09.15.

19.

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Prior to the commencement of works along the waterway corridor, a functionaldesign for waterway erosion control plan must be submitted to Melbourne Waterfor approval. The functional design plan must be generally in accordance with the

20.

concept design Alluvium (2015). Mile Creek (48 - 146 Hanna St Noble Park) waterwayerosion assessment. Report 03 by Alluvium Consulting Australia for The VillageBuilding Co.

Prior to the commencement of planting, a detailed landscape planmust be submittedto Melbourne Water for approval. The plan must show:

21.

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

21.1.

details of surface finishes of pathways and driveways;21.2.

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

21.3.

Prior to undertaking any works on or near a Melbourne Water asset (includingwaterways), the contractor must be in receipt of a Melbourne Water Permit to Work.

22.

Prior to the commencement of works, a separate application direct to MelbourneWater must be made for any new or modified storm water connection to MelbourneWater's drains or watercourses. Prior to accepting an application, evidence mustbe provided demonstrating that Council considers that it is not feasible to connectto the local drainage system.

23.

End of Melbourne Water Conditions

Prior to the endorsement of plans for the development hereby approved, a Statementin accordance with Section 53Z of the Environment Protection Act 1970 undertakenby an Environmental Auditor appointed under Section 53S of the Environment

24.

Protection Act 1970 must be submitted to the Responsible Authority stating thatthe environmental conditions of the land are suitable for the intended residentialdevelopment that is the subject of this permit.

Upon the submission of a Statement of Environment Audit pursuant to Condition23 above and prior to the commencement of works:

25.

The buildings and works that are the subject of this permit must complywith all directions and conditions contained within the Statement.

a)

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Any conditions requiring the maintenance or monitoring of an ongoingnature, the owner must enter into an Agreement with Council pursuant toSection 173 of the Planning and Environment Act 1987. Where a Section

b)

173 Agreement is required, the Agreement must be executed prior to theissue of a Statement of Compliance under the Subdivision Act 1988. Allexpenses involved in the drafting, negotiating, lodging, registering andexecution of the Agreement, including those incurred by the ResponsibleAuthority, are to be met by the owner.

A letter prepared by an Environmental Auditor appointed under Section53S of the Environmental Protection Act 1970 must be submitted to theResponsible Authority to verify that the directions and conditions withinthe Statement have been satisfied.

c)


26.

The Construction Management Plan must include details on how the constructionwill be undertaken so it has minimal impact on the environment and surroundingarea. Details to be provided in the Plan must include (but not limited to):

Details pertaining to the access and parking of staff, visitors andconstruction workers to the site, with the provision of a drop-off zone andemergency service access to the site;

a)


b)

Measures to minimise and control noise, vibrations and dust fromconstruction works;

c)

Measures to minimise the impact of construction vehicles arriving at anddeparting from the land;

d)

Measures to minimise the creation of conditions likely to be a nuisance;and

e)

Measures ensuring protection of Mile Creek and its environs.f)


The obscure glazing to the windows shown on the endorsed plans must be throughfrosted glass or similarly treated glass, and thereafter maintained to the satisfactionof the Responsible Authority. Adhesive film or the like that can be removed mustnot be used.

27.

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The development must be constructed in accordance with the recommendationmade within the endorsed acoustic report prepared by ‘AECOM Australia Pty Ltd’dated 28 July, 2015 to the satisfaction of the Responsible Authority.

28.

Prior to the occupation of the new dwellings approved by this permit, an appropriatestormwater discharge arrangement from the sitemust be designed and constructedto the satisfaction of the Responsible Authority. When required, fees for planchecking and supervision must be paid to the Responsible Authority.

29.

The layout of the site and size, design and location of the buildings and workspermitted must always be in accordance with the endorsed plans, unless with thewritten consent of the Responsible Authority.

30.


31.

The dwellings hereby approved must not be occupied until all buildings and worksand the conditions of this permit have been complied with, unless with the writtenconsent of the Responsible Authority.

32.

Prior to the occupation of the dwellings hereby permitted, all landscaping as shownon the endorsed plans, including trees, shrubs and lawn, shall be planted andthereafter maintained, to the satisfaction of the Responsible Authority.

33.

Start of Department of Environment, Land, Water & Planning conditions

Before works start, the permit holder must advise all persons undertaking thevegetation removal and works on site of all relevant conditions of this permit.

34.

Before works start, native vegetation protection fencing must be erected around allpatches of native vegetation and scattered trees to be retained on site. This fencingmust be erected around the patches at aminimumdistance of 2metres from retained

35.

native vegetation and at a radius of 12x the diameter at breast height (DBH) to amaximum of 15 metres but no less than 2 metres from the base of the trunk of thescattered trees.

The protection fencing must be constructed to the satisfaction of the responsibleauthority. The protection fencing must remain in place at least until all works arecompleted to the satisfaction of the responsible authority. Except with the writtenconsent of the responsible authority, within this area:

no vehicular or pedestrian access, trenching or soil excavation is to occur;a)

no storage or dumping of tools, equipment or waste is to occur;b)

no entry and exit pits for underground services are to be constructed.c)

Page 22805




In order to offset the removal of 0.0569 hectares of native vegetation approved aspart of this permit, the applicant must provide a native vegetation offset that meetsthe following requirements and is in accordance with the Permitted clearing of nativevegetation – Biodiversity Assessment Guidelines and the Native vegetation gainscoring manual:

36.

The general offset must:contribute gain of 0.021 general biodiversity equivalence units

be locatedwithin the Port Phillip andWesternport Catchment ManagementAuthority boundary or City of Greater Dandenong municipal district

have a strategic biodiversity score of at least 0.086.

Before any native vegetation is removed, evidence that an offset has been securedmust be provided to the satisfaction of the responsible authority. This offset mustmeet the offset requirements set out in this permit and be in accordance with the

37

requirements of Permitted clearing of native vegetation – Biodiversity assessmentguidelines and the Native vegetation gain scoring manual. Offset evidence can beeither:

a security agreement, to the required standard, for the offset site or sites,including a 10 year offsetmanagement plan and then ongoingmaintenanceplan.

a credit register extract from the Native Vegetation Credit Register.

Every year, for ten years, after the responsible authority has approved the offsetmanagement plan, the owner must provide notification to the responsible authorityof the management actions undertaken towards the implementation of the offsetmanagement plan. An offset site condition statement, including photographs mustbe included in this notification.

38.

End of Department of Environment, Land, Water & Planning conditions.

The vegetation removal as shown on the endorsed plansmust not be altered withoutthe written consent of the Responsible Authority.

39.

Page 22806




Prior to the commencement of works an amended Arboricultural Assessment reportprepared by Treelogic on 5 April 2012 must demonstrate the removal/retention ofnative vegetation hereby granted, and be submitted to and approved by the

40.

Responsible Authority. Once approved, the report (or any amended or subsequentversion) will be endorsed and form part of this permit. The Tree Management Planmust detail:

how the trees will be protected during construction;40.1.

how their long-term viability will be ensured and measures to reduce therisk of damage during construction and post-construction;

40.2.

Any building footings located within the Tree Protection Zone must beconstructed using a tree sensitive design (e.g. A pier and beam with thebeam at grade, screw piles, a waffle pad or a slab without an edge beam).The locations of all pier holes within the Tree Protection Zone must beidentified and hand dug under the supervision of a qualified Arborist.

40.3.

The Tree Protection Zones must be in accordance with those specified in Condition35.


41.

The connection of the internal drainage infrastructure to the LPD must be to thesatisfaction of the Responsible Authority, prior to the issue of land upgrade Approval.Collected stormwater must be retained onsite and discharged into the drainage

42.

system at pre development peak discharge rates as stated in the LPD approval letter.Approval of drainage plan including any retention system within the propertyboundary is required.

Access to the site and any associated roadwork must be constructed, all to thesatisfaction of the Responsible Authority. Vehicle Crossing permit is required foralteration/removal/reinstatement of existing vehicle crossings and construction ofnew vehicle crossings. Works are to be in accordance with Council Standards.

43.


44.

Standard concrete vehicular crossing/s must be constructed to suit the proposeddriveway/s in accordance with the Council's standard specifications and any vehiclecrossing/s no longer requiredmust be removed and the land, footpath and kerb andchannel reinstated, all to the satisfaction of the Responsible Authority.

45.


46.

Page 22807





47.

Service units, including air conditioning/heating units, must not be located on anyof the balcony areas or terraces or be visible from a public area.

48.

Before the occupation of the dwellings hereby approved, the area(s) set-aside forthe parking of vehicles, and access lanes, as shown on the endorsed plans mustbe:

49.

Constructed in accordance with the endorsed plan/s.a)

Properly formed to such levels that they can be used in accordance withthe plans.

b)





50.


51.

Prior to the commencemnt of buildings and works associated with this approval,the owner of the landmust enter into an agreement under Section 173 of the Planningand Enviornment Act 1987 with the Responsibel Authority, to provide for thefollowing:

52.

The owner of the site must enage the services of a waste contractor tocollect and dispose of waste generated on site, including all commercial,domestic and recyclable waste.

a)

Except with the written consent of Council, the collection of refuse andrecyclable materials must only occur between the hours of:

b)

7am and 7pm – Monday to Saturday9am and 6pm – Sundays and Public Holidays

All owners and occupiers associated with the development forfeit the rightto utalise themunicipal domestic waste collection service, unless otherwiseagreed by the Responsible Authority in writing.

c)

The agreement is to be applied to each subsequent lot title created fromthe parent title.

d)

Page 22808




The owner/s of the land to be responsible for the cost of preparing, executingand registereing the Agreement on the Certificate of Title to the land(including costs incured by the Responsible Authority).

e)

Upon final completion of the hereby approved development the land designated asbeing ceded to Council is to be transfer to Council with all costs inccured as a resultof the transfer process to be bear by the owner/s of the land.

53.

All works within and adajcent to Mile Creek are to be carried out in accordance withthe recommendations as detailed withn the ‘Waterway Erosion Assessment’ reportundertaken by ‘Alluvium’ dated September 2015.

54

This permit will expire if:-55.

The development or any stage of it does not start within two (2) years ofthe date of this permit, or

55.1.

The development or any stage of it is not completed within four (4) yearsof the date of this permit.

55.2.


Notes:

If further information is required in relation to Melbourne Water's permit conditionsshown above, please contact MelbourneWater on 9679 7517, quotingMelbourneWater'sreference 262873.

A Building Approval is required prior to the commencement of the approveddevelopment. This planning permit does not constitute any building approval.

A Vehicle Crossing Permit must be obtained from Council for all vehicular crossingsprior to construction of the crossings. You may be required to apply for a AssetProtection Permit from Council’s engineering services. Queries regarding engineeringrequirements can be directed to Council’s general phone number on 8571 1000.


Before commencement of the development occurs, the applicant should contact theCity of Greater Dandenong’s Civil Development and Design Unit regarding legal pointof discharge, new crossings, building over easements, etc.

Page 22809




Mailboxes should be provided and located for convenient access as required byAustraliaPost.

No buildings or works shall be constructed over any easement without the writtenconsent of the relevant authorities.

This permit has been granted on the basis that consent to build over any easement will beobtained from the relevant authority. If consent is not able to be obtained, the developmentplan will be required to be amended.

Cr Matthew Kirwan disclosed a Conflict of Interest (Indirect interest due as consequence ofbecoming an interested party) in this item as his wife was an objector to Town Planning permitapplication and Cr Kirwan also lives close to the development. Cr Matthew Kirwan left theChamber at 7.36pm prior to discussion and voting on this item.

MINUTE 1291

Moved by: Cr Peter BrownSeconded by: Cr Roz Blades AM

That Council resolves to issue a Notice of Decision to grant a permit in respect of the landknown and described as 48-146 Hanna Street, Noble Park, for the development of the land forthe purpose of one hundred and fifty eight (158) dwellings, the removal of native vegetationand buildings and works on land in the Urban Floodway Zone and affected by the Land Subjectto Inundation Overlay, all in accordance with the plans submitted with the application subjectto the following conditions:


1.


Convert all dwelling Types A1 & A2 internally to two (2) bedrooms along withthe removal of one (1) of the car spaces within the frontage to allow foradditional landscaping.

1.1.

The single carports proposed for dwelling Types A1 & A2 increased to aminimum of 6 metres by 3.5 metres in accordance with Design Standard 2 ofClause 52.06.

1.2.

Page 22810




Provide a better level of articulation/ design interface to all internal east andwest facing elevations to dwelling Types A1-2 (lot 42); C1-1 (lots 22, 65 & 106);and E1-1 (lots 10, 48 & 96) adjoining public access areas that are morereflective of street facing elevations to dwelling Types F1 & F2.

1.3.

The visitor car spaces to be clearly signed and well lit.1.4.

Details in terms of the proposed staging timeframe of the development.1.5.

The inclusion of the construction of the eastern public access way to formpart of the stage 1 works and the remaining western public access way toform part of the stage 2 works.

1.6.

The inclusion of the public access way to the south of the site and Mile Creekregeneration to be shown on the proposed staging plans.

1.7.

A revisedWaste Management Plan to reflect the number of dwellings as being158.

1.8.

An updated Landscape plan generally in accordance with the LandscapeConcept Plan submitted with the application by MDG Landscape Architectsdrawing numbers L01(E); L02(B) & L03(A) but amended to reflect the currentlayout as shown on the ‘Rothe Lowman Development Masterplan, drawingnumber SK00.02, Revision P1’.

1.9.

The Private Open Space area as located to the south-east of the developmentis to be relocated to the north-east of the site, immediately abutting HannaStreet and be the equivalent to 5% of the total land area.

1.10.

Fencing details of rear fence to dwellings along south of site (Mile Creek),and front fencing to dwellings facing Hanna Street.

1.11.

Melbourne Water's minimum floor level as detailed under conditions 5-16.1.12.


Prior to the endorsement of drawings, the applicant is to address the following itemsin the form of a revised Sustainability Management Plan to the satisfaction of theresponsible authority. The sustainability management plan, and supportingdocumentation should address the following:

2.

Provide a revised energy rating sample that demonstrates the units achievean average overall energy efficiency rating of 6-stars.

2.1.

The incorporation of 2000L rainwater tanks to all townhouses.2.2.

A completed MUSIC model, supported by the relevant drainage engineeringdrawings that include the commitment to install the specific model of GrossPollutant Traps as specified in the MUSIC model and ESD report.

2.3.

Page 22811




The drainage engineering drawingsmust also include themaintenance regimeof the specified GPTs to maintain the level of performance over the life of theasset.


Prior to the endorsement of plans the owner must enter into an agreement with theResponsible Authoritymade pursuant to Section 173 of the Planning and EnvironmentAct 1987 to provide for the following:

3.

That the construction of the proposed public access through the subject siteis to be completed and accessible to the public prior to the closure of theexisting public access. A path must always be available to the public foraccess across the site.

3.1.

That the path will be designed, constructed and maintained by the owner toshared path standards in accordance with Council standard drawing 802-A,or any relevant subsequent drawing as determined by Council.

3.2.

That Council will not transfer the land of the existing public access to theowner until the new path has been constructed to the satisfaction of theResponsible Authority, and has been transferred to Council’s ownership.

3.3.

That the owner or owner’s corporation is responsible for all future pathmaintenance.

3.4.

The Agreement to be registered on the Title to the land, including eachsubsequent lot title created from the parent title, to the satisfaction of theResponsible Authority.

3.5.

The owner/s of the land to be responsible for the cost of preparing, executingand registering the Agreement on the Certificate of Title to the land (includingcosts incurred by the Responsible Authority).

3.6.

Before the endorsement of plans an applicationmust bemade to the Registrarof Titles to register the section 173 agreement on the title to the land undersection 181 of the Act.

3.7.


Start of Melbourne Water Conditions

Pollution and sediment laden runoff shall not be discharged directly or indirectly intoMelbourne Water's drains or waterways.

4.

Dwellings on lots 10-15 must be constructed with finished floor levels set a minimumof 25.02 metres to AHD.

5.

Page 22812





6.


7.


8.


9.


10.


11.


12.


13.


14.

Dwellings on lots 106-115must be constructedwith finished floor levels set aminimumof 26.05 metres to AHD.

15.


16.

Prior to the development plans being endorsed and the commencement of works,amended plans must be submitted to Council and Melbourne Water addressingMelbourne Water's minimum floor level conditions. Plans must be submitted withground and floor levels to Australian Height Datum (AHD).

17.

Prior to the issue of a Certificate of Occupancy, a certified survey plan, showingfinished floor levels (as constructed) reduced to the Australian Height Datum, mustbe submitted to Melbourne Water to demonstrate that the floor levels have beenconstructed in accordance with Melbourne Water's requirements.

18.

The landscape plan (including waterway setback) must be generally in accordancewith the landscape plan 'Landscape Concept Detail Plans; Drawing Number: 1541ALO3 [A], Revised 16.09.15.

19.

Page 22813




Prior to the commencement of works along the waterway corridor, a functional designfor waterway erosion control planmust be submitted toMelbourneWater for approval.The functional design plan must be generally in accordance with the concept designAlluvium (2015). Mile Creek (48 - 146 Hanna St Noble Park) waterway erosionassessment. Report 03 by Alluvium Consulting Australia for The Village Building Co.

20.

Prior to the commencement of planting, a detailed landscape planmust be submittedto Melbourne Water for approval. The plan must show:

21.

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

21.1.

details of surface finishes of pathways and driveways;21.2.

a planting schedule of all proposed trees, shrubs and ground covers, includingbotanical names, common names, pot sizes, sizes at maturity, and quantitiesof each plant.

21.3.

Prior to undertaking any works on or near a Melbourne Water asset (includingwaterways), the contractor must be in receipt of a Melbourne Water Permit to Work.

22.

Prior to the commencement of works, a separate application direct to MelbourneWater must be made for any new or modified storm water connection to MelbourneWater's drains or watercourses. Prior to accepting an application, evidence must beprovided demonstrating that Council considers that it is not feasible to connect tothe local drainage system.

23.

End of Melbourne Water Conditions

Prior to the endorsement of plans for the development hereby approved, a Statementin accordance with Section 53Z of the Environment Protection Act 1970 undertakenby an Environmental Auditor appointed under Section 53S of the Environment

24.

Protection Act 1970 must be submitted to the Responsible Authority stating that theenvironmental conditions of the land are suitable for the intended residentialdevelopment that is the subject of this permit.

Upon the submission of a Statement of Environment Audit pursuant to Condition 23above and prior to the commencement of works:

25.

The buildings and works that are the subject of this permit must comply withall directions and conditions contained within the Statement.

a)

Page 22814




Any conditions requiring themaintenance ormonitoring of an ongoing nature,the owner must enter into an Agreement with Council pursuant to Section173 of the Planning andEnvironment Act 1987.Where a Section 173Agreement

b)

is required, the Agreement must be executed prior to the issue of a Statementof Compliance under the Subdivision Act 1988. All expenses involved in thedrafting, negotiating, lodging, registering and execution of the Agreement,including those incurred by the Responsible Authority, are to be met by theowner.

A letter prepared by an Environmental Auditor appointed under Section 53Sof the Environmental Protection Act 1970 must be submitted to theResponsible Authority to verify that the directions and conditions within theStatement have been satisfied.

c)


26.

The Construction Management Plan must include details on how the constructionwill be undertaken so it has minimal impact on the environment and surroundingarea. Details to be provided in the Plan must include (but not limited to):

Details pertaining to the access and parking of staff, visitors and constructionworkers to the site, with the provision of a drop-off zone and emergencyservice access to the site;

a)


b)

Measures tominimise and control noise, vibrations and dust from constructionworks;

c)

Measures to minimise the impact of construction vehicles arriving at anddeparting from the land;

d)

Measures to minimise the creation of conditions likely to be a nuisance; ande)

Measures ensuring protection of Mile Creek and its environs.f)


The obscure glazing to the windows shown on the endorsed plans must be throughfrosted glass or similarly treated glass, and thereafter maintained to the satisfactionof the Responsible Authority. Adhesive film or the like that can be removed must notbe used.

27.

Page 22815




The developmentmust be constructed in accordance with the recommendationmadewithin the endorsed acoustic report prepared by ‘AECOM Australia Pty Ltd’ dated 28July, 2015 to the satisfaction of the Responsible Authority.

28.

Prior to the occupation of the new dwellings approved by this permit, an appropriatestormwater discharge arrangement from the site must be designed and constructedto the satisfaction of the Responsible Authority. When required, fees for plan checkingand supervision must be paid to the Responsible Authority.

29.

The layout of the site and size, design and location of the buildings and workspermitted must always be in accordance with the endorsed plans, unless with thewritten consent of the Responsible Authority.

30.


31.


32.


33.

Start of Department of Environment, Land, Water & Planning conditions

Before works start, the permit holder must advise all persons undertaking thevegetation removal and works on site of all relevant conditions of this permit.

34.

Before works start, native vegetation protection fencing must be erected around allpatches of native vegetation and scattered trees to be retained on site. This fencingmust be erected around the patches at a minimum distance of 2 metres from retained

35.

native vegetation and at a radius of 12x the diameter at breast height (DBH) to amaximum of 15 metres but no less than 2 metres from the base of the trunk of thescattered trees.

The protection fencing must be constructed to the satisfaction of the responsibleauthority. The protection fencing must remain in place at least until all works arecompleted to the satisfaction of the responsible authority. Except with the writtenconsent of the responsible authority, within this area:

no vehicular or pedestrian access, trenching or soil excavation is to occur;a)

no storage or dumping of tools, equipment or waste is to occur;b)

no entry and exit pits for underground services are to be constructed.c)

Page 22816




In order to offset the removal of 0.0569 hectares of native vegetation approved aspart of this permit, the applicant must provide a native vegetation offset that meetsthe following requirements and is in accordance with the Permitted clearing of nativevegetation – Biodiversity Assessment Guidelines and the Native vegetation gainscoring manual:

36.

The general offset must:contribute gain of 0.021 general biodiversity equivalence units

be located within the Port Phillip and Westernport Catchment ManagementAuthority boundary or City of Greater Dandenong municipal district

have a strategic biodiversity score of at least 0.086.

Before any native vegetation is removed, evidence that an offset has been securedmust be provided to the satisfaction of the responsible authority. This offset mustmeet the offset requirements set out in this permit and be in accordance with the

37.

requirements of Permitted clearing of native vegetation – Biodiversity assessmentguidelines and the Native vegetation gain scoring manual. Offset evidence can beeither:

a security agreement, to the required standard, for the offset site or sites,including a 10 year offset management plan and then ongoingmaintenance plan.

a credit register extract from the Native Vegetation Credit Register.

Every year, for ten years, after the responsible authority has approved the offsetmanagement plan, the owner must provide notification to the responsible authorityof the management actions undertaken towards the implementation of the offsetmanagement plan. An offset site condition statement, including photographs mustbe included in this notification.

38.

End of Department of Environment, Land, Water & Planning conditions.

The vegetation removal as shown on the endorsed plans must not be altered withoutthe written consent of the Responsible Authority.

39.

Prior to the commencement of works an amended Arboricultural Assessment reportprepared by Treelogic on 5 April 2012 must demonstrate the removal/retention ofnative vegetation hereby granted, and be submitted to and approved by the

40.

Responsible Authority. Once approved, the report (or any amended or subsequentversion) will be endorsed and form part of this permit. The Tree Management Planmust detail:

how the trees will be protected during construction;40.1.

Page 22817




how their long-term viability will be ensured and measures to reduce the riskof damage during construction and post-construction;

40.2.

Any building footings located within the Tree Protection Zone must beconstructed using a tree sensitive design (e.g. A pier and beam with the beamat grade, screw piles, a waffle pad or a slab without an edge beam). Thelocations of all pier holes within the Tree Protection Zone must be identifiedand hand dug under the supervision of a qualified Arborist.

40.3.

The Tree Protection Zones must be in accordance with those specified in Condition35.


41.

The connection of the internal drainage infrastructure to the LPD must be to thesatisfaction of the Responsible Authority, prior to the issue of land upgrade Approval.Collected stormwatermust be retained onsite and discharged into the drainage system

42.

at pre development peak discharge rates as stated in the LPD approval letter. Approvalof drainage plan including any retention system within the property boundary isrequired.

Access to the site and any associated roadwork must be constructed, all to thesatisfaction of the Responsible Authority. Vehicle Crossing permit is required foralteration/removal/reinstatement of existing vehicle crossings and construction ofnew vehicle crossings. Works are to be in accordance with Council Standards.

43.


44.

Standard concrete vehicular crossing/s must be constructed to suit the proposeddriveway/s in accordance with the Council's standard specifications and any vehiclecrossing/s no longer required must be removed and the land, footpath and kerb andchannel reinstated, all to the satisfaction of the Responsible Authority.

45.


46.


47.

Service units, including air conditioning/heating units, must not be located on any ofthe balcony areas or terraces or be visible from a public area.

48.

Page 22818




Before the occupation of the dwellings hereby approved, the area(s) set-aside for theparking of vehicles, and access lanes, as shown on the endorsed plans must be:

49.

Constructed in accordance with the endorsed plan/s.a)

Properly formed to such levels that they can be used in accordance with theplans.

b)





50.


51.

Prior to the commencemnt of buildings and works associated with this approval, theowner of the land must enter into an agreement under Section 173 of the Planningand Enviornment Act 1987 with the Responsibel Authority, to provide for the following:

52.

The owner of the site must enage the services of a waste contractor to collectand dispose of waste generated on site, including all commercial, domesticand recyclable waste.

a)

Except with the written consent of Council, the collection of refuse andrecyclable materials must only occur between the hours of:

b)

7am and 7pm – Monday to Saturday9am and 6pm – Sundays and Public Holidays

All owners and occupiers associated with the development forfeit the right toutalise the municipal domestic waste collection service, unless otherwiseagreed by the Responsible Authority in writing.

c)

The agreement is to be applied to each subsequent lot title created from theparent title.

d)

The owner/s of the land to be responsible for the cost of preparing, executingand registereing the Agreement on the Certificate of Title to the land (includingcosts incured by the Responsible Authority).

e)

Upon final completion of the hereby approved development the land designated asbeing ceded to Council is to be transfer to Council with all costs inccured as a resultof the transfer process to be bear by the owner/s of the land.

53.

Page 22819




All works within and adajcent to Mile Creek are to be carried out in accordance withthe recommendations as detailed withn the ‘Waterway Erosion Assessment’ reportundertaken by ‘Alluvium’ dated September 2015.

54.


The development or any stage of it does not start within two (2) years of thedate of this permit, or

55.1.

The development or any stage of it is not completed within four (4) years ofthe date of this permit.

55.2.

Before the permit expires or within six (6) months afterwards the owner or occupierof the landmay in writing request the Responsible Authority to extend the expiry date.

Notes:

If further information is required in relation to Melbourne Water's permit conditionsshown above, please contact MelbourneWater on 9679 7517, quotingMelbourneWater'sreference 262873.

A Building Approval is required prior to the commencement of the approveddevelopment. This planning permit does not constitute any building approval.

A Vehicle Crossing Permit must be obtained from Council for all vehicular crossingsprior to construction of the crossings. You may be required to apply for a AssetProtection Permit from Council’s engineering services. Queries regarding engineeringrequirements can be directed to Council’s general phone number on 8571 1000.


Before commencement of the development occurs, the applicant should contact theCity of Greater Dandenong’s Civil Development and Design Unit regarding legal pointof discharge, new crossings, building over easements, etc.

Mailboxes should be provided and located for convenient access as required byAustraliaPost.

No buildings or works shall be constructed over any easement without the writtenconsent of the relevant authorities.

Page 22820




This permit has been granted on the basis that consent to build over any easement will beobtained from the relevant authority. If consent is not able to be obtained, the developmentplan will be required to be amended.

AMENDMENTMoved by: Cr Sean O'Reilly

That Condition (2.1) be amended to read:

Provide a revised energy rating sample that demonstrates the units achieve anaverage overall energy efficiency rating of 7-stars.

2.1.

MOTION LAPSED FOR WANT OF A SECONDER

CARRIED (REFER TO MINUTE NO. 1291)

Cr Matthew Kirwan returned to the Chamber at 7.47pm.

Page 22821






TOWN PLANNING APPLICATION – NO. 48-146 HANNA STREET NOBLE PARK (PLANNING APPLICATION NO. PLN15/0459)

ATTACHMENT 1

SUBMITTED PLANS


Page 22822




42







ATTACHMENT 2

OBJECTOR’S LOCATION


Page 22913




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Page 22914







ATTACHMENT 3



Page 22915




Assessment Table - Two or More Dwellings on a Lot and Residential Buildings (Clause 55)Neighbourhood Character & Infrastructure Clause 55.02Objective Standard (Summarised) Complies / Does Not Comply / Variation Required/NA




Complies


Complies- Vegetation retained on site to the eastern side.- Appropriate double storey with sufficient setbacks

to western side adjoining residential dwellings.- Setbacks from creek to south.- Varying roof forms, mixture of 2 & 3 storey provides

variety breaks up built form.




Complies



Dwellings with a different number of bedrooms.

At least one dwelling that contains a kitchen, bath or shower, and a toilet and wash basin at ground floor level.

Complies8 x 2 beds158 X 3 beds

10 types with 7 variations

2-3 storey




Complies


Complies


Complies



Complies2 x public pedestrian pathways through the site to replace the existing path to the station.New path adjacent to Mile Creek.


CompliesDwellings adjacent to Hanna St – front street.Other dwellings fronting internal streets & Mile Creek to the rear.


CompliesLow level style fencing proposed along Hanna St & Mile Creek interfaces.


CompliesMile Creek to rear (south)Dwellings laid out to provide passive surveillance of creek area.New public open space to south/east and east link trail to east adjoining site.

Page 22916




Site Layout and Building Massing Clause 55.03Title & Objective Standard Complies / Does Not Comply / Variation Required /

N/A





Within the General Residential Zone schedule:

As per B6 or 7.5 metres, whichever is the lesser.

! Variation requiredThe dwellings adjacent to Hanna Street will be setback 2m to 5.4m

Variation considered reasonable given level of development and size of site.


The maximum building height should not exceed 9 metres in all other zones (unless the slope of the natural ground level at any cross section wider than 8 metres of the site of the building is 2.5 degrees or more, in which case the maximum building height should not exceed 1 metres higher than the maximum prescribed for the relevant zone).

! Variation required10.1m maximum overall building height to 3 storey Type G


! Variation requiredOnly adjoining built form is residential properties to the west which are single storey.

Residential dwellings along Hanna St to west are mainly single storey.

Sufficient setbacks from the west boundary has been provided to separate the proposed development & adjoining built form.



Complies60% no covered by buildings – areas of open space provided to the east and south.




Within the GRZ1 schedule - 30%

CompliesAppropriate on-site stormwater filtration will be provided






CompliesDwellings orientated to the north where possible


CompliesWhere possible main living areas and POS areas are located on the northern side of dwellings.


Complies







CompliesMile Creek to south – dwellings on southern side front the creek.

Area of public open space to east – dwellings have been provided with outlook to this area.

Eastern area of open space – retains significant Red River Gums.

All areas of open space are accessible and useable by general public.



CompliesEntries to dwellings visible from streets and internal areas


Complies


CompliesGood ground level visibility of internal roads.


CompliesPrivate areas of POS are fenced

Page 22917















! Conditional Compliance Landscaping plan needs to be amended to reflect most current proposal of 158 dwellings



CompliesArea of Red River Gums being retained to the eastern side of the site – significant trees.


! Conditional Compliance

In the GRZ1 and RGZ1 schedule, 70% of ground level front setback planted with substantial landscaping and canopy trees.

! Variation requiredWhilst areas of individual POS to dwellings does not meet 70% - overall landscaping throughout the site is sufficient.



Accessways should:



Be at least 3 metres wide. Have an internal radius of at least 4 metres at

changes of direction. Provide a passing area at the entrance that is

at least 5 metres wide and 7 metres long if the accessway serves ten or more spaces and connects to a road in a Road Zone.

33 per cent of the street frontage, or if the width of the street frontage is less than

20 metres, 40 per cent of the street frontage.

CompliesFive new internal streets proposed from Hanna St into the development – these are to be maintained by a body corporate.


33% of the street frontage; or if the width of the street frontage is less

than 20 metres, 40% of the street frontage.

Complies


CompliesInternal streets managed by Body Corporate


CompliesInternal visitor parking areas provided throughout development.

No crossovers directly onto Hanna St. Access to 5 internal streets proposed – does not significantly impact on existing on-street parking.


- N/A


Complies

Page 22918










Be secure. Be designed to allow safe and efficient

movements within the development. Be well ventilated if enclosed. Large parking areas should be broken up with

trees, buildings or different surface treatments.

Complies


- N/A

Page 22919




Amenity Impacts Clause 55.04Title & Objective Standard Complies / Does Not Comply / Variation Required /

N/A






! Variation requiredMinor variation to lot 115 on south/west corner of site to corner of dwelling. As shown on TP01.32




or Where there are existing or simultaneously

constructed walls or carports abutting the boundary on an abutting lot, the length of the existing or simultaneously constructed walls or carports, whichever is the greater.


A building on a boundary includes a building set back up to 200m from a boundary.

The height of a new wall constructed on or within 200mm of a side or rear boundary or a carport constructed on or within 1 metre of a side or rear boundary should not exceed an average of 3.2 metres with no part higher than 3.6 metres unless abutting a higher existing or simultaneously constructed wall.

- N/ANo walls on boundaries



Complies



Complies

Page 22920







- N/A

Mile Creek to the south. Only residential interface adjoining site is located on west.




CompliesMinimal overshadowing to adjoining residential properties to the west








Complies

Proposed dwellings on western side of the site have highlight windows 1.7m above FFL, with 1.7m fence along the boundary with the adjoining residential dwellings to the west increased with 0.6m trellis where applicable.


Complies



Permanent, fixed and durable. Designed and coloured to blend in with the

development.


- N/A



Complies

All dwellings provided with highlight windows to all first and second floor windows to prevent internal overlooking




Complies

Sufficient setback from western adjoining residential dwellings.


Complies

Acoustic report provided with application to address noise sources from neighbouring industrial area to south, Eastlink to east & railway to north.

Acoustic measures will be incorporated into design of dwellings where applicable to minimise noise.

Page 22921






Complies

As above

Page 22922




On-Site Amenity and Facilities Clause 55.05Title & Objective Standard Complies / Does Not Comply / Variation Required /

N/A



Complies

Varying types proposed ground level entries provided to majority of dwellings. Some dwellings provided with ground level main living/ kitchen areas and bedrooms.


Entries to dwellings and residential buildings should: Be visible and easily identifiable from streets

and other public areas. Provide shelter, a sense of personal address

and a transitional space around the entry.

CompliesEntries visible from street and internal areas.

Each dwelling provided with a canopy over entry






Complies



Total of 40 square metres, one part to consist of secluded private open space to side or rear with a minimum area of 25 square metres and a minimum width of 3 metres.

A balcony of 8 square metres, minimum width of 1.6 metres.



Within the General Residential Zone schedule:

With 25 square metres of secluded private open space at ground level having a minimum dimension of 5 metres.

! Variation required

First floor balconies provided to majority of dwellings.

Ground areas of POS to Types A2, F1 & B fall short of 5m dimension with 3 to 4.8m proposed.



Complies

Dwellings on the southern side of the site fronting Mile Creek have been provided with northern facing first floor balconies where possible as main areas of SPOS located on southern side adjoining creek.


Complies




Areas of storage varies provided generally internally with some externally.

Minimum area 5sqm to 9.2sqm provided. Areas generally split up on different levels of the dwellings.

Page 22923




Detailed Design Clause 55.06Title & Objective Standard Complies / Does Not Comply / Variation Required /

N/A





Complies Well articulated design, sufficient setbacks. Varying

types & roof lines.


Complies

Garages generally hidden from Hanna St. Type F1 garages on sides of dwellings visible from Hanna St –does not protrude further than proposed building setback.



CompliesLow level front fences common in Wattle St



Within all residential zone schedules:

Maximum 1.5 metre height in streets in Road Zone Category 1, 1.2 metre maximum height for other streets.

CompliesFront fences proposed to Type K1 fronting Hanna St.Timber fence approx. 1m high.




Complies


Complies

Areas of Common Property to be managed by Body Corporate.




Complies


CompliesBin areas provided to each dwelling.

Waste management plan provided – private waste collector proposed as internal width of roads too small for Council vehicles.


! Conditional compliance

Not shown on plans – to be addressed as permit condition

Page 22924







ATTACHMENT 4



Page 22925





Assessment Table for Clause 22.09-3 Incremental change areas


Housing form Medium density housing forms, including townhouses and villas to provide mediumdensity infill development.

Complies

Ground Floor All dwellings to have ground level living areas.Developments comprising dwellings without ground level living areas only if they can be justified on merit with respect to design, location and amenity grounds.

! Variation Majority of dwellings provided with ground level areas of POS Following reverse living types:K1, G, C1, C2 & C3

Types C1, C2 & C3, provided with both first floor balconies 9.8 to 12.8sqm and ground level POS areas accessed via bedroom 16sqm to 17.5sqm.

Height Up to 2 storeys, with 3 storeys a possibility where appropriate considering its interface with existing residential development, response to site circumstances and streetscape.

Complies2-3 storey dwellings. Appropriate setbacks to the western residential properties.

Mainly 2 storey – the 3 storey dwellings are generally spread across the site with exception of Type K1 – cluster together fronting Hanna St to western side.

Bulk More intense and higher elements of built form focussed towards the front of a site. Upper level tiering may be appropriate in some cases, however, excessive tiered building profiles that result in exaggerated, progressive upper level setbacks should be avoided.

Complies2-3 storey throughout. Site is unique in its size and location to allow for this type of residential development

Double storey buildings to the rear of a lot are generally discouraged where they would adversely impact on the future character of the area, the immediate character of the neighbourhood or on the amenity of neighbouring properties.

Two storey development is discouraged in locations where the subdivision and development pattern tends to have a spine of open space or low levels of building structure at the rear of the lots.

Complies

Only adjoining residential properties are to the west, which contain single storey dwellings. Reasonable setbacks provided to the adjoining dwellings and areas of POS.

Double storey dwellings to the rear of the lot may be considered in cases where their upper storey components are well recessed from adjoining sensitive interfaces, are in keeping with the existing character of open spaces within rear backyards of the immediate area and can provide sufficient side and rear boundary landscaping to screen any adverse impacts on neighbouring properties.

CompliesAdjoins Mile Creek to the rear. Mixture of 2-3 storey, sufficient setbacks provided

Private open space Developments should provide main living areas at ground level orientated to the secluded private open space areas to be located to the side and or rear of the dwelling.

! Variation requiredVarying dwelling types some with ground level living areas and some with first floor –see ground level comments above

Car parking For developments comprising dwellings with a ground level component –all car parking should be well integrated into the design of the building, should, generally be hidden from view or recessed from the existing streetscape.

CompliesCar parking areas for each dwelling are located at the rear or sides of the dwellingswell screened from Hanna St.

Front boundary Open or low scale front fences which allow a visual connection between the landscaping in front gardens and street tree planting will be encouraged.

CompliesOpen style fences provided where interface with public open space or street.

Parking, paving and car access within the front boundary setback should be avoided in order to maximise the opportunity for soft landscaping and prevent the over dominance of carports and or garages to the street.

Complies

Second crossovers on allotments with frontage widths below 17 metres will be discouraged.

Complies

Page 22926







ATTACHMENT 5



Page 22927




Car ParkingAssessment Table for Clause 52.06Title & Objective Standard Complies / Does Not Comply / Variation

Required / N/AParking ProvisionTo ensure that car and bicycle parking for residents and visitors is appropriate to the needs of residents.


One space for each one or two bedroom dwelling. Two spaces for each three or more bedroom dwelling,

with one space under cover.



Complies

158 dwellings

2 bed = 83-4 bed = 150

Total spaces provided = 308 (complies)

Visitor spaces provided = 33 (required = 31)


Accessways should: Be at least 3 metres wide. Have an internal radius of at least 4 metres at changes of

direction or intersection or be at least 4.2 metres wide. Allow vehicles parked in the last space of a dead-end

accessway in public car parks to exit in a forward direction with one manoeuvre.


Complies5 new crossovers from Hanna Street proposed to internal street network



CompliesNew 5.5m wide internal streets proposed.

Individual driveways provided to each dwelling via proposed streets.


CompliesNew 5.5m wide internal streets proposed.


CompliesSufficient slight lines provided at the entrances to the internal streets


Minimum car park and accessway dimensions: Parallel – 2.3m x 6.7m with a accessway width of 3.6m 45 degrees – 2.6m x 4.9m with a accessway width of

3.5m 60 degrees – 2.6m x 4.9m with a accessway width of

4.9m 90 degrees – 2.6m x 4.9m with a accessway width of

6.4m(refer to the table in 55.06 for more details)

Complies


Complies



Non-compliance

Type A1 & A2 – Single carports don’t comply proposed: 5.4m x 3.4m plus area of landscaping at side, should be minimum of 6m x 3.5m. Doors to external storage area can’t be opened if a car is parked in the carport!

Page 22928








Complies


Mechanical parking may be used to meet the car parking requirement provided: At least 25 per cent of the mechanical car parking spaces

can accommodate a vehicle clearance height of at least 1.8 metres.



- N/A



CompliesCar parking areas located at the rear or sides of the dwellings.


N/A


Car parking should be well lit and clearly signed. ! Conditional compliance Visitor parking to be clearly signed


Complies



Complies


CompliesPlanting provided throughout


Complies

Page 22929




2.3.7 Town Planning Application - No. 38 David Street, Noble Park (PlanningApplication No. PLN15/0363)

173110File Id:


Submitted PlansLocation of ObjectorsClause 22.09 AssessmentClause 55 AssessmentClause 52.06 Assessment

Attachments:

Application Summary

Strait-Line Builders and Drafters Pty LtdApplicant:

To construct two (2) new dwellings on one (1) allotmentProposal:

General Residential Zone – Schedule 1Zone:

Not ApplicableOverlay:

PaperbarkWard:

The application proposes the construction of one (1) double storey dwelling and one (1) single storeydwelling at the rear of the site. A permit is required pursuant to Clause 32.08-4 of the GreaterDandenong Planning Scheme for the construction of two or more dwellings on a lot.

This application has been brought to a Council meeting because it has received two (2) objectionsduring the advertising period.

Objectors Summary

The application was advertised to the surrounding area through the erection of an on-site notice andthe mailing of notices to adjoining and surrounding owners and occupiers. Two (2) objections werereceived to the application. Issues raised generally relate to matters of: overlooking; fencing heightand noise.

Assessment Summary

The proposal is in accordance with the provisions of Clause 32.08 General Residential Zone –Schedule 1 and generally consistent with the local policy direction of Clause 22.09 ResidentialDevelopment and Neighbourhood Character Policy. There are no major concerns associated withthis application.

Page 22930




As assessed, the proposal is consistent with and appropriately responds to the provisions of theGreater Dandenong Planning Scheme. The proposal appropriately responds to strategic policy forresidential development in the area with this report recommending that the application be supported,that a Permit be granted and a Notice of Decision (which provides appeal rights to objectors) togrant a permit be issued containing the conditions as set out in the recommendation.

Page 22931



2.3.7 Town Planning Application - No. 38 David Street, Noble Park (Planning Application No. PLN15/0363)(Cont.)


Subject Site

The following is noted in regards to the subject site:

The subject site is approximately 600sq m in size, with a frontage to David Street of approximately17.07m and a depth of 35.24m.The subject site is rectangular in shape, with a north-south orientation and flat topography;A 2.44m wide drainage and sewerage easement spans the rear southern boundary;A single storey weather board dwelling and outbuildings did occupy the site, but they haverecently been demolished;The site is currently accessed via a 3.0m wide concrete crossover adjacent to the westernboundary;There is no significant vegetation existing on the site.

Surrounding Area

The following is noted in regards to the surrounding residential area:

The subject site is located within an established residential area, with a mix of single detacheddwellings as well as several multi-dwelling developments, including three (3) double storeydwellings on the adjoining land at 40 David Street;Both single and double storey dwellings exist within the area, with front fences ranging from lowto high with a mix of solid materials to semi transparent fencing;External materials generally consist of weatherboard, brick, render with tiled hipped or gableroof styles.

The subject site is located in close proximity to the following services:

1.4km to the Yarraman Railway Station to the north-east and Noble Park Railway Station to thenorth;500m to the Noble Park Reserve to the west and the Frederick Wachter Reserve to the south;450m to the Wallarano Primary School to the west and 1.75km to the Keysborough PrimarySchool to the south-west;775m to the Kingsclere Shopping Centre to the west; 1.4km to the Parkmore Shopping Centreto the south and 1.54km to the Noble Park Shopping Strip to the north;The site is located near a number of major arterial roads including Cheltenham Road to thesouth, Springvale Road to the west and EastLink to the east.

Page 22932




Locality Plan

Background


A search of Council records revealed no previous planning applications have been considered forthe subject site.

Subject Application

There is no applicable background information that has influenced the application.

Page 22933




Proposal

The application proposes the construction of one (1) double storey dwelling and one (1) single storeydwelling to the rear of the site. The details of each dwelling are as follows:

DETAILSDwelling 1

New dwellingType of proposal

Double storeyLevel

7.353 metresHeight

David StreetOrientated to

Brick at ground level and rendered cladding at upper levelExternal materials

Three (3) bedrooms and one (1) studyNumber ofbedrooms

Single garage with tandem car space in frontCar parkingprovided

FirstGroundSetbacks (fromboundaries)

6.90mNorth (front)6.90mNorth (front)

7.20mEast4.25mEast

18.15mSouth (rear)16.88mSouth (rear)

1.95mWestWall on boundaryWest

35m² of secluded private open space + an approximate area of 55m² within thefront yard

Open space

Access to the site via an existing concrete crossover fromDavid Street (adjacentthe western boundary), with a minimum width of 3m.

Access

Page 22934




DETAILSDwelling 2

New dwellingType of proposal

Single storeyLevel

5.225 metresHeight

Shared accesswayOrientated to

Brick at ground levelExternal materials

Three (3) bedroomsNumber of bedrooms

Double garageCar parking provided

GroundMinimum setback(from boundaries)

19.30mNorth (front)

Wall on boundaryEast

3.62mSouth (rear)

1.2mWest

76m² of secluded private open spaceOpen space

Access to the site via a proposed concrete crossover from David Street(adjacent the eastern boundary), with a minimum width of 3m.

Access







Pursuant to Clause 32.08-4 of the Greater Dandenong Planning Scheme, a planning permit is required:

To construct two or more dwellings on a lot, in the General Residential Zone.

Page 22935





Zoning Controls

The subject site is located in the General Residential Zone. Land to the rear, fronting Birrong Avenueis located within the Neighbourhood Residential Zone.


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 implement neighbourhood character policy and adopted neighbourhood character guidelines.To provide a diversity of housing types and moderate housing growth in location offering goodaccess to services and transport.To allow educational, recreational, religious, community and a limited range of othernon-residential uses to service local community needs in appropriate locations.

Pursuant to Clause 32.08-4, a permit is required to construct two or more dwellings on a lot.

Clause 32.08 General Residential Zone – Schedule 1

Pursuant to the General Residential Zone – Schedule 1, the following variations of Clause 55 shouldbe met:

Minimum street setback (Standard B6): As per B6, or 7.5m, whichever is the lesserPermeability (Standard B9): Minimum of 30%Landscaping (Standard B13): 70% of ground level front setback planted with substantiallandscaping and canopy treesPrivate open space (Standard B28): 40sqm requirement, with the 25sqm of secluded privateopen space at ground level having a minimum dimension of 5mFront fence height (Standard B32): 1.2 metre maximum height for other streets.

Overlay Controls

No overlays affect the subject site or surrounding area.

Page 22936





The Operation of the State Planning Policy Framework outlined at Clause 10 seeks to ensurethat the objectives of planning in Victoria are fostered through appropriate land use and developmentplanning policies and practices which integrate relevant environmental, social and economic factorsin the interests of net community benefit and sustainable development. The objectives of Planningin Victoria are noted as:

(a) To provide for the fair, orderly, economic and sustainable use, and development of land.

(b) To provide for the protection of natural and man-made resources and the maintenance of ecologicalprocesses and genetic diversity.

(c)To secure a pleasant, efficient and safe working, living and recreational environment for all Victoriansand visitors to Victoria.

(d) To conserve and enhance those buildings, areas or other places which are of scientific, aesthetic,architectural or historical interest, or otherwise of special cultural value.

(e) To protect public utilities and other facilities for the benefit of the community.

(f) To facilitate development in accordance with the objectives set out in paragraphs (a), (b), (c), (d)and (e).

(g) To balance the present and future interests of all Victorians.


Clause 11.04-5 Melbourne’s urban growth

Define the extent of the urban area with an urban growth boundary to:

Facilitate achievement of a compact city.

Clause 15 - Built Environment And Heritage

Contributes positively to local urban character and sense of place.Reflects the particular characteristics, aspirations and cultural identity of the community.Enhances liveability, diversity, amenity and safety of the public realm.Promotes attractiveness of towns and cities within broader strategic contexts.Minimises detrimental impact on neighbouring properties.

Page 22937




Clause 16 – Housing

To locate new housing in or close to activity centres and employment corridors and at otherstrategic redevelopment sites that offer good access to services and transport. Ensuring landsupply continues to be sufficient to meet demand.Increasing choice in housing type, tenure and cost to meet the needs of households as theymove through life cycle changes and to support diverse communities.Increase the proportion of housing in Metropolitan Melbourne to be developed within theestablished urban area, particularly at activity centres, employment corridors and at other strategicsites, and reduce the share of new dwellings in greenfield and dispersed development areas.Encourage higher density housing development on sites that are well located in relation to activitycentres, employment corridors and public transport.Ensure an adequate supply of redevelopment opportunities within the established urban areato reduce the pressure for fringe development.Facilitate residential development that is cost-effective in infrastructure provision and use, energyefficient, incorporates water efficient design principles and encourages public transport use.Identify opportunities for increased residential densities to help consolidate urban areas.

Clause 16.01-4 Housing diversity

To provide for a range of housing types to meet increasingly diverse needs.Encourage the development of well-designed medium-density housing which:

Respects the neighbourhood character.Improves housing choice.Makes better use of existing infrastructure.Improves energy efficiency of housing.

Support opportunities for a wide range of income groups to choose housing in well servicedlocations.

Clause 18.01-1 Land use and transport planning

Plan urban development to make jobs and community services more accessible by:

Ensuring access is provided to developments in accordance with forecast demand, takingadvantage of all available modes of transport and to minimise adverse impacts on existingtransport networks and the amenity of surrounding areas.

Page 22938





The Local Planning Policy Framework (LPPF) includes the Municipal Strategic Statement (MSS) andLocal Policies. The following local planning policies are of relevance to this application:

Clause 21.04-1 – Housing and community

Greater Dandenong is forecast to be home to some 16,700 new households by 2031 (asmeasured from 2001), according to the Southern Regional Housing Statement (DSE, 2006).This represents a 36% increase on the number of households compared to 2001.Supporting urban consolidation and providing housing in existing areas close to activity centresmeans that people do not need to travel as far to work, shop or to take part in sports/leisureactivities thus reducing the environmental impacts of transport.Increases in housing density must be balanced by adequate provision of open space, goodurban design and improvements to the public realm.Council is committed to actively encourage multi-storey, higher-density residential developmentin central Dandenong and other major activity centres of Springvale and Noble Park as acomponent of mixed-use function of those centres.Encourage the provision of housing that is adaptable to support the needs of the changing needsof present and future residents.Encourage innovative redevelopment and renewal of deteriorating housing stock and older styledhigher-density apartments and multi-unit developments.Encourage new residential development that incorporates adequate space for the planting andthe long term viability and safe retention of canopy trees.Respecting valued, existing neighbourhood character both on particular sites and within widerstreetscapes.Ensuring new development takes into full account the neighbourhood character design guidelinesfor each type of building and that such new development positively contributes to the preferredfuture neighbourhood character of each particular residential area.Actively encouraging well designed, medium and higher density housing in strategic locationsand in areas nominated for substantial change.

Clause 21.05-1 – Urban design, character, streetscapes and landscapes





Page 22939




7. To protect and improve streetscapes

7.1. Ensure that new developments improve streetscapes through generous landscapesetbacks and canopy tree planting.

7.2. Ensure landscaping within private property that complements and improves thestreetscapes and landscaping of public areas.

Clause 22.09-3.2 – Incremental Change Areas

Location – Incremental change areas generally include those areas developed from the

1950s and 60s, that run through the centre of the Greater Dandenong but which are further from thecentral spine of the municipality than substantial change areas. It includes:

Areas that broadly encircle the Dandenong Activity Centre, including residential parts ofDandenong South;The corridor along Princes Highway/ railway line, encapsulating: Noble Park, Springvale,Springvale South & Mulgrave;Directly surrounding Parkmore Shopping Centre/ Fredrick Wachter Reserve;Directly to the south of Waverley Gardens Shopping Centre; andCorridors along Cheltenham Road and Stud Road.

Rationale - These areas have been identified as suitable to accommodate low density housing becauseof their locational attributes. High density housing is generally inconsistent with this rationale.

Existing character – Incremental change areas originally developed from the 1950’s onwards andsubstantially consists of single storey detached houses in a garden setting. Throughout these areasthere has been a reasonable level of new infill development, but this has largely been restricted toone and two storey single dwellings on a lot and one and two storey detached or semi-detached,multi-dwelling developments.

Future medium density character - The future character of incremental change areas will evolve overtime to contain a greater proportion of well designed and site responsive medium density infilldevelopment. Future density will be at a lower intensity than in substantial change areas, but a higherintensity than in limited change areas. Residential development in this area will generally be morereliant on the private car and less able to take advantage of public transport because of its locationthan the substantial change area.

Residential development will generally comprise of houses of up to 2 storeys with ground level livingareas. Developments of up to three storeys and development that contain dwellings that do not haveground level living areas will only occur if they can be justified on merit with respect to design, locationand amenity grounds. Consolidation of allotments to increase development potential is encouraged.

The amenity of adjoining dwellings will be preserved by responsive site design that ensures anappropriate setback of two and three storey buildings from sensitive outdoor living areas, or from themain outlook from living rooms, on adjoining properties to enable screen planting.

Page 22940




Sufficient ground level space will be provided at the front of sites, and along side and rear boundariesadjacent to sensitive outdoor living areas on adjoining properties, to provide for landscaping andcanopy trees to soften the appearance of the built form when viewed from the street and from adjoiningsensitive outdoor living areas, and to provide a landscaped character throughout the area.

The Assessment table of Clause 22.09-3.2 is included as Attachment 3.


Clause 52.06 – Car Parking

The purpose of this Clause is:

To ensure that car parking is provided in accordance with the State Planning Policy Frameworkand Local Planning Policy Framework.To ensure the provision of an appropriate number of car parking spaces having regard to thedemand likely to be generated, the activities on the land and the nature of the locality.To support sustainable transport alternatives to the motor car.To promote the efficient use of car parking spaces through the consolidation of car parkingfacilities.To ensure that car parking does not adversely affect the amenity of the locality.To ensure that the design and location of car parking is of a high standard, creates a safeenvironment for users and enables easy and efficient use.

Clause 52.06-2 notes that a new use must not commence or the floor area of an existing use mustnot be increased until the required car spaces have been provided on the land.

The required spaces are identified in the table to Clause 52.06-5. Clause 52.06-3 further notes thata permit may be granted to reduce or waive the number of car spaces required by the table.

The table at Clause 52.06-5 notes that a dwelling with 1 or 2 bedrooms requires 1 car space and adwelling with 3 or more bedrooms requires 2 spaces to each dwelling. Parking for visitors is requiredat a rate of 1 space to every 5 dwellings for developments of 5 or more dwellings.

Car parking is to be designed and constructed in accordance with the requirements of Clause 52.06-8and 52.06-10 of the Scheme.

The Assessment table of Clause 52.06 is included as Attachment 5.

Clause 55 – Two or More Dwellings on a Lot and Residential Buildings

Pursuant to Clause 55 of the Greater Dandenong Planning Scheme, the provisions of this Clauseapply to an application:

To construct two or more dwellings on a lot; andTo construct a dwelling if there is at least one dwelling existing on the lot.

Page 22941




The purpose of this Clause is:

To implement the State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement and local planning policies.To achieve residential development that respects the existing neighbourhood character or whichcontributes to a preferred neighbourhood character.To encourage residential development that provides reasonable standards of amenity for existingand new residents.To encourage residential development that is responsive to the site and the neighbourhood.

These provisions apply to an application to “construct two or more dwellings on a lot”.

It is a requirement that a development:

Must meet all of the objectives of this clause.Should meet all of the standards of this clause.

The Assessment tables of Clause 55 are included as Attachment 4.

General Provisions



Council has drafted proposed Planning Scheme Amendment C182 to improve the quality and designof new housing in Greater Dandenong. Planning Scheme Amendment C182 proposes to:

Amend the existing Schedules to the Residential Zones and introduce a new Schedule 3 to theResidential Growth Zone;Vary additional ResCode provisions and introduce mandatory height controls in some areas;Rezone identified areas in Dandenong, Noble Park and Springvale; andAmend Clause 22.09 Residential Development and Neighbourhood Character Policy.

At its meeting of 22nd June 2015, Council began the first stage in the amendment process andresolved to seek authorisation from theMinister for Planning to prepare and publicly exhibit AmendmentC182. Community consultations were held in November 2015.

Page 22942




At this stage, planning permit applications shall continue to be assessed against the current provisionsof the Greater Dandenong Planning Scheme until such time as the changes proposed underAmendment C182 are considered to be ‘seriously entertained’. An amendment is considered seriouslyentertained once it has been through the public exhibition process, adopted in its final form by Council;and submitted to the Minister for Planning for approval and gazettal. Therefore, there is no changeto the current residential planning controls at present.

The zone of the subject site is not proposed to be altered in the proposed Amendment C182.


There are no restrictive covenants listed on the Certificate of Title.





Community Safety




Referrals


Page 22943




Internal

The application was internally referred to Council’s Transport Planning, Asset Planning and CivilDevelopment departments for their consideration.

Advice/Response/ ConditionsInternal CouncilReferral

Advised that:TransportPlanning

The accessway width for dwelling 2 should be increased to 3.0m givenvehicles are anticipated to reverse along this length;No other concerns.

Town planner comments: the Applicant has made all necessary changes asper Transport Planning requirements.

Suggested note on permit:Asset Planning

The minimum finished floor levels of the proposed units are to be as follows:

Dwelling 1 – RL 27.30m;Dwelling 2 – RL 27.40m; and

All levels are to Australian Height Datum (AHD).

Town planner comments: the Applicant has made all necessary changes asper Asset Planning requirements.

Advised that the following conditions be placed on any permit granted:CivilDevelopment

Drainage of the site

Provision must be made for the drainage for proposed developmentincluding landscaped and paved areas, all to the satisfaction of theResponsible Authority (see condition 6).

Stormwater discharge

The connection of the internal drainage infrastructure to the legal point ofdischarge (LPD) must be to the satisfaction of the Responsible Authority,prior to the issue of land upgrade Approval (see condition 12).Collected stormwater must be retained onsite and discharged into thedrainage system at pre development peak discharge rates as stated in theLPD approval letter. Approval of drainage plan including any retentionsystem within the property boundary is required (see condition 13).

Page 22944




Vehicle crossing

Access to the site and any associated roadwork must be constructed, allto the satisfaction of the Responsible Authority. Removal, reinstatementand/or alteration of an existing vehicle crossing and construction of a newvehicle crossing will require a Vehicle Crossing Permit. All works, includingkerb and channel reinstatement must be in accordance with CouncilStandards (see condition 14).

Civil Works Permit

Any works undertaken within the road reserve and easements will requiredthe developer to obtain a Civil Works Permit from Council (see condition15).

The comments provided will be considered in the assessment of the application.

Advertising


Sending notices to the owners and occupiers of adjoining land.Placing (a) sign on site facing David Street.



The location of the objectors/submitters is shown in Attachment 2.

Consultation

A consultative meeting was held on the 13/01/2016 with the applicant, one (1) objector and Councilrepresentative in attendance. The discussion was focused around the existing 1.5m high corrugatedfence to the rear which, if left untouched, would allow for significant overlooking into the private openspace of the properties at 25 and 27 Birrong Avenue. The proposal includes a new 1.95m high timberpaling fence to the rear. Whilst the objector was satisfied with this inclusion, the two (2) objectionshave not been withdrawn to date and remain as submitted.

Page 22945






Overlooking

The objectors were concerned that the dwelling to the rear would be double storey or have windowsthat would overlook into their private open space areas.

The proposal does not include double storey to the rear. Furthermore, the first floor ‘Bed 3’ windowsfacing south (oriented towards 25 and 27 Birrong Avenue) of Unit 1 will be obscured up to 1.7m inheight minimising any potential overlooking impacts in accordance with Standard B22 of Clause55.04-6.

Rear fence

The objectors were concerned that the existing 1.5m fence to the rear would be retained, which, ifleft untouched, would allow for significant overlooking into the private open space of the propertiesat 25 and 27 Birrong Avenue.

The proposal includes a new 1.95m high front fence which would minimise any potential overlookingimpacts into those rear properties in accordance with Standard B22 of Clause 55.04-6.

Noise

The objector at 27 Birrong Avenue was concerned that any additional occupiers of the land wouldproduce create more noise and disturb their day to day living.

Noise generated from the proposed dwellings will be typical residential noise. It is considered thatthe proposed dwellings would not result in substantial adverse noise to the area beyond what wouldbe typically encountered in a residential setting.

Assessment

The subject site is located within an established residential area, and appears to be well suited formedium density housing.

Use

A dwelling is an as-of-right use pursuant to Clause 32.08-1 of the General Residential Zone.

Development

Landscaping (Standard B13)

As per the Schedule to the General Residential Zone, 70% of the ground level front setback is to beplanted with substantial landscaping and canopy trees. A brief calculation of the plans suppliedindicates that the proposal does not meet the 70% requirement.

Page 22946




Whilst the proposal does not meet the varied Landscaping Standard of B13, the intention to providea good landscaping outcome is apparent, with approximately 60% (+/- 1 or 2%) of the front setbackarea being substantially landscaped where appropriate. To ensure further compliance with thisstandard, a condition will be placed on the permit to include an additional native canopy tree withinthe front yard (see condition 2.5).

Clause 22.09 Residential Development and Neighbourhood Character Policy (Attachment 3)

The proposed development has also been assessed against Clause 22.09-3.1 Substantial ChangeArea of the Greater Dandenong Planning Scheme. The proposal complies with all requirements ofClause 22.09-3.1 except in the following instances:

Landscaping

As above, whilst the proposal does not meet the Landscaping design guideline of Clause 22.09-3.2,the intention to provide a good landscaping outcome is apparent.

A condition will be placed on the permit to further enhance the front setback landscaping by providingan additional canopy tree within the front yard (see condition 2.5).

Front boundary

Parking, paving and car access within the front boundary should be avoided in order to maximise theopportunity for soft landscaping. Whilst the proposal is not consistent with this design guideline ofClause 22.09-3.2, the policy also stipulates that a second crossover is appropriate provided thefrontage width exceeds 17m.

The proposed paving within the front setback area is considered appropriate. A condition will beplaced on the permit to provide an additional canopy tree within the front yard area to further enhancethe streetscape setting (see condition 2.5).

Clause 55 Two or more dwellings on a lot and residential buildings (Attachment 4)

The proposed development has been assessed against the design standards of Clause 55. Theproposal complies with all requirements of Clause 55.

Clause 52.06 Car Parking (Attachment 5)

The proposal complies with all requirements of Clause 52.06, except in the following instances:

Number of car parking spaces required

Two car parking spaces are required for any three or more bedroom dwelling. Whilst a single garagehas been provided for dwelling 1, no tandem space has been shown on the plans.

A condition will be placed on the permit to delineate a ‘4.9m x 2.6m’ tandem car parking space locatedadjacent to the single garage of dwelling 1. To ensure the tandem space is in accordance with Clause52.06-8, an additional 500mm in length must be provided between the garage and the tandem space(see condition 1.1).

Page 22947




The assessment tables of Clause 22.09, Clause 55 and Clause 52.06 are shown in Attachments 3,4 and 5 respectively.

Conclusion

The application has been assessed against the relevant sections of the Greater Dandenong PlanningScheme, including the State and Local Planning Policy Framework, Municipal Strategic Statementas set out in this assessment. It is considered that the application complies with these policies.

A notice of decision to grant a planning permit should be issued in line with the recommendationsection of this report.

Recommendation

That Council resolves to issue a Notice of Decision to grant a permit in respect of the landknown and described as 38 David Street, Noble Park, to construct one (1) double storeydwelling and one (1) single storey dwelling to the rear of the site, in accordance with the planssubmitted with the application subject to the following conditions:

Before the development starts, two (2) copies of amended plans drawn to scale anddimensioned,must be submitted to the Responsible Authority for approval. No buildingsor works must be commenced until the plans have been approved and endorsed by

1.

the Responsible Authority. The endorsed copy of the plans forms part of this permit.The plans must be in accordance with the plans submitted with the application, butmodified to show:

A ‘4.9m x 2.6m’ tandem car parking space located adjacent to the single garageof dwelling 1. The tandem car parking space must be setback at least 500mmfrom the single garage.

1.1.

The notation “No structure should be higher than 1000 within this triangle” bereworded to state “No structure should be higher than 900mm within thesetriangles” and must also include the splayed area adjacent the dwelling 2accessway.

1.2.

Landscape plans in accordance with Condition 2.1.3.


Page 22948




Prior to the endorsement of plans under Condition 1, a landscape planmust be submittedto the Responsible Authority for approval. When approved, the plan will be endorsedand will then form part of the permit. The landscape plan must be drawn to scale withdimensions and two (2) copiesmust be provided. The landscaping planmust be preparedby a suitably qualified person, and must show:

2.

The site at a scale of 1:100/200, including site boundaries, existing and proposedbuildings, neighbouring buildings, car parking, access and exit points, indicativetopography and spot levels at the site corners, existing and proposed vegetation,nature strip trees, easements and landscape setbacks;

2.1.

Details of the proposed layout, type and height of fencing;2.2.

Legend of all plant types, surfaces, materials and landscape items to be usedincluding the total areas of garden and lawn;

2.3.

A plant schedule giving a description of botanical name, common name, matureheight and spread, pot size, purchase height (if a tree) and individual plantquantities;

2.4.

At least one (1) native tree with a minimum planting height of 1.5 metres withinthe rear secluded open space areas of each dwelling and two (2) native treeswith a minimum planting height of 1.5 metres within the front yard.

2.5.


The layout of the site, and the size of the proposed buildings and works as shown onthe endorsed plan, shall not be altered or modified (whether or not in order to complywith any Statute, Statutory Rule or Local Law or for any other reason) without the priorconsent of the Responsible Authority.

3.

Prior to the occupation of the dwelling(s) hereby permitted, all landscaping as shownon the endorsed plans, including trees, shrubs and lawn, shall be planted and thereaftermaintained, to the satisfaction of the Responsible Authority.

4.

The dwelling(s) hereby approved must not be occupied until all buildings and worksand the conditions of this permit have been complied with, unless with the writtenconsent of the Responsible Authority.

5.


6.

Stormwater discharge is to be retained on site to the pre-development level of peakstormwater discharge, to the satisfaction of the Responsible Authority.

7.


8.

Page 22949




Letterboxes and all other structures (including fencing and landscaping) to beconstructed to a maximum height of 900mm or relocated clear of a splayed area (2m x2.5m) along the frontage road at access points in accordance with Dandenong PlanningScheme Clause 52.06-8.

9.

Standard concrete vehicular crossing(s) must be constructed to suit the proposeddriveway(s) in accordance with the Council's standard specifications and any vehiclecrossing no longer required must be removed and the land, footpath and kerb andchannel reinstated, to the satisfaction of the Responsible Authority.

10.


11.

The connection of the internal drainage infrastructure to the LPD must be to thesatisfaction of the Responsible Authority, prior to the issue of land upgrade Approval.

12.

Collected stormwater must be retained onsite and discharged into the drainage systemat pre development peak discharge rates as stated in the LPD approval letter. Approvalof drainage plan including any retention systemwithin the property boundary is required.

13.

Access to the site and any associated roadwork must be constructed, all to thesatisfaction of the Responsible Authority. Alteration or removal of existing vehiclecrossing and construction of new vehicle crossing will require a Vehicle CrossingPermit. All works, including kerb and channel reinstatement shall be in accordancewith Council Standards.

14.


15.


16.

All boundary walls in the development must be constructed, cleaned and finished tothe satisfaction of the Responsible Authority.

17.


The development or any stage of it does not start within two (2) years of the dateof this permit, or

18.1.

The development or any stage of it is not completed within four (4) years of thedate of this permit.

18.2.


Page 22950




The owner or occupier of the land may in writing request the Responsible Authority toextend the expiry date to complete the development or a stage of the development if:

the request for the extension is made within twelve (12) months after the permitexpires; and

(a)

the development or stage started lawfully before the permit expired.(b)

Permit Notes

A Building Approval is required prior to the commencement of the approved development.This planning permit does not constitute any building approval.Approval of any retention systemwithin the property boundary is required by the relevantbuilding surveyor.Before commencement of the development occurs, the applicant should contact the Cityof Greater Dandenong’s Civil Development and Design Unit regarding legal point ofdischarge, new crossings, building over easements, etc.As this is an established site, the proposed internal drainage should be connected to theexisting legal point of discharge. The applicant may apply for local drainage information,if available; otherwise on site verification should be undertaken by the applicant.A Vehicle Crossing Permit must be obtained fromCouncil for all vehicular crossings priorto construction of the crossings. You may be required to apply for a Asset ProtectionPermit fromCouncil’s engineering services. Queries regarding engineering requirementscan be directed to Council’s general phone number on 8571 1000.No buildings or works shall be constructed over any easement without the written consentof the relevant authorities.This permit has been granted on the basis that consent to build over any easement willbe obtained from the relevant authority. If consent is not able to be obtained, thedevelopment plan will be required to be amended.An applicationmust bemadewith Council’s Parks Department for the street tree removal.The street tree must only be removed by or under the supervision of the Council. Priorto removal of the tree the replacement cost must be paid to Council.

Page 22951




Cr Roz Blades AM disclosed a Conflict of Interest (Indirect interest due to closeassociation) in this item as her friend is an objector to the Town Planning application. CrRoz Blades AM left the Chamber at 7.48pm prior to discussion and voting on this item.

MINUTE 1292

Moved by: Cr Peter BrownSeconded by: Cr Sean O'Reilly

That Council resolves to issue a Notice of Decision to grant a permit in respect of the landknown and described as 38 David Street, Noble Park, to construct one (1) double storeydwelling and one (1) single storey dwelling to the rear of the site, in accordance with the planssubmitted with the application subject to the following conditions:

Before the development starts, two (2) copies of amended plans drawn to scale anddimensioned,must be submitted to the Responsible Authority for approval. No buildingsor works must be commenced until the plans have been approved and endorsed by

1.

the Responsible Authority. The endorsed copy of the plans forms part of this permit.The plans must be in accordance with the plans submitted with the application, butmodified to show:

A ‘4.9m x 2.6m’ tandem car parking space located adjacent to the single garageof dwelling 1. The tandem car parking space must be setback at least 500mmfrom the single garage.

1.1.

The notation “No structure should be higher than 1000 within this triangle” bereworded to state “No structure should be higher than 900mm within thesetriangles” and must also include the splayed area adjacent the dwelling 2accessway.

1.2.

Landscape plans in accordance with Condition 2.1.3.


Prior to the endorsement of plans under Condition 1, a landscape planmust be submittedto the Responsible Authority for approval. When approved, the plan will be endorsedand will then form part of the permit. The landscape plan must be drawn to scale withdimensions and two (2) copiesmust be provided. The landscaping planmust be preparedby a suitably qualified person, and must show:

2.

The site at a scale of 1:100/200, including site boundaries, existing and proposedbuildings, neighbouring buildings, car parking, access and exit points, indicativetopography and spot levels at the site corners, existing and proposed vegetation,nature strip trees, easements and landscape setbacks;

2.1.

Page 22952




Details of the proposed layout, type and height of fencing;2.2.

Legend of all plant types, surfaces, materials and landscape items to be usedincluding the total areas of garden and lawn;

2.3.

A plant schedule giving a description of botanical name, common name, matureheight and spread, pot size, purchase height (if a tree) and individual plantquantities;

2.4.

At least one (1) native tree with a minimum planting height of 1.5 metres withinthe rear secluded open space areas of each dwelling and two (2) native treeswith a minimum planting height of 1.5 metres within the front yard.

2.5.



3.

Prior to the occupation of the dwelling(s) hereby permitted, all landscaping as shownon the endorsed plans, including trees, shrubs and lawn, shall be planted and thereaftermaintained, to the satisfaction of the Responsible Authority.

4.

The dwelling(s) hereby approved must not be occupied until all buildings and worksand the conditions of this permit have been complied with, unless with the writtenconsent of the Responsible Authority.

5.


6.

Stormwater discharge is to be retained on site to the pre-development level of peakstormwater discharge, to the satisfaction of the Responsible Authority.

7.


8.

Letterboxes and all other structures (including fencing and landscaping) to beconstructed to a maximum height of 900mm or relocated clear of a splayed area (2m x2.5m) along the frontage road at access points in accordance with Dandenong PlanningScheme Clause 52.06-8.

9.

Standard concrete vehicular crossing(s) must be constructed to suit the proposeddriveway(s) in accordance with the Council's standard specifications and any vehiclecrossing no longer required must be removed and the land, footpath and kerb andchannel reinstated, to the satisfaction of the Responsible Authority.

10.

Page 22953





11.


12.

Collected stormwater must be retained onsite and discharged into the drainage systemat pre development peak discharge rates as stated in the LPD approval letter. Approvalof drainage plan including any retention systemwithin the property boundary is required.

13.

Access to the site and any associated roadwork must be constructed, all to thesatisfaction of the Responsible Authority. Alteration or removal of existing vehiclecrossing and construction of new vehicle crossing will require a Vehicle CrossingPermit. All works, including kerb and channel reinstatement shall be in accordancewith Council Standards.

14.


15.


16.

All boundary walls in the development must be constructed, cleaned and finished tothe satisfaction of the Responsible Authority.

17.


The development or any stage of it does not start within two (2) years of the dateof this permit, or

18.1.

The development or any stage of it is not completed within four (4) years of thedate of this permit.

18.2.


The owner or occupier of the land may in writing request the Responsible Authority toextend the expiry date to complete the development or a stage of the development if:


(a)


Page 22954




Permit Notes

A Building Approval is required prior to the commencement of the approved development.This planning permit does not constitute any building approval.Approval of any retention systemwithin the property boundary is required by the relevantbuilding surveyor.Before commencement of the development occurs, the applicant should contact the Cityof Greater Dandenong’s Civil Development and Design Unit regarding legal point ofdischarge, new crossings, building over easements, etc.As this is an established site, the proposed internal drainage should be connected to theexisting legal point of discharge. The applicant may apply for local drainage information,if available; otherwise on site verification should be undertaken by the applicant.A Vehicle Crossing Permit must be obtained fromCouncil for all vehicular crossings priorto construction of the crossings. You may be required to apply for a Asset ProtectionPermit fromCouncil’s engineering services. Queries regarding engineering requirementscan be directed to Council’s general phone number on 8571 1000.No buildings or works shall be constructed over any easement without the written consentof the relevant authorities.This permit has been granted on the basis that consent to build over any easement willbe obtained from the relevant authority. If consent is not able to be obtained, thedevelopment plan will be required to be amended.An applicationmust bemadewith Council’s Parks Department for the street tree removal.The street tree must only be removed by or under the supervision of the Council. Priorto removal of the tree the replacement cost must be paid to Council.

CARRIED

Page 22955






TOWN PLANNING APPLICATION - NO. 38 DAVID STREET, NOBLE PARK(PLANNING APPLICATION NO. PLN15/0363)

ATTACHMENT 1

SUBMITTED PLANS


Page 22956







ATTACHMENT 2

LOCATION OF OBJECTORS


Page 22962







ATTACHMENT 3



Page 22964





Assessment Table for Clause 22.09-3.2Incremental change areas


Housing form A higher proportion and intensity of medium density infill development than in limited change areas. All dwellings to have ground level components. Developments comprising dwellings without ground level components only in special circumstances.

Complies

Height Up to 2 storeys, with 3 storeys a possibility where appropriate considering its interface with existing residential development, response to site circumstances and streetscape.

Complies

Bulk More intense and higher elements of built form focussed towards the front of a site. Avoid tiered approach at upper levels.

Complies

Double storey buildings to the rear of existing buildings on a lot are generally discouraged.

Complies

Where appropriate dwellings on a site may be two storeys, provided there are separations between the upper levels of dwellings.

Complies

Car parking For developments comprising dwellings with a ground level component – garages and parking areas located behind buildings, generally hidden from view.

For more intensive Developments comprising dwellings without a ground level component, basement or in building car parking.

Complies

Landscaping 70% of ground level front setback planted with substantial landscaping and canopy trees


Please see the Assessment section of the report for further details

Front boundary Open or low scale front fences not to exceed 1.5m for street in Road Zone Category 1 and maximum height of 1.2 metres for other roads to allow a visual connection between the landscaping in front gardens and street tree planting.

Complies

Car access, parking and paving within the front setback will be limited in order to maximise the opportunity for soft landscaping.



Second crossovers on allotments with frontage widths below 17m will be discouraged.

Complies

Page 22965







ATTACHMENT 4



Page 22966





Neighbourhood Character & Infrastructure Clause 55.02Objective Standard (Summarised) Complies / Does Not Comply / Variation Required/NA




Complies


Complies




Complies





- N/A




Complies


Complies


Complies



Complies


Complies


Complies


Complies

Page 22967




Site Layout and Building Massing Clause 55.03Title & Objective Standard Complies / Does Not Comply / Variation Required / N/A





Within the General Residential Zone –Schedule 1:

As per B6 or 7.5 metres, whichever is the lesser.

Complies


The maximum building height should not exceed 9 metres (unless the slope of the natural ground level at any cross section wider than 8 metres of the site of the building is 2.5 degrees or more, in which case the maximum building height should not exceed 10 metres).

Complies


Complies



Complies




Within the General Residential Zone –Schedule 1:

Minimum of 30% permeability

Complies






Complies


Complies


Complies

Page 22968











- N/A



Complies


Complies


Complies


Complies











Complies



Complies


Complies

Page 22969







Accessways should:



Be at least 3 metres wide. Have an internal radius of at

least 4 metres at changes of direction.

Provide a passing area at the entrance that is at least 5 metres wide and 7 metres long if the accessway serves ten or more spaces and connects to a road in a Road Zone.

Complies


33% of the street frontage; or if the width of the street

frontage is less than 20 metres, 40% of the street frontage.

Complies


Complies


Complies


- N/A


Complies






Be secure. Be designed to allow safe and

efficient movements within the development.

Be well ventilated if enclosed. Large parking areas should be

broken up with trees, buildings or different surface treatments.

Complies


Complies

Page 22970




Amenity Impacts Clause 55.04Title & Objective Standard Complies / Does Not Comply / Variation Required /

N/A






Complies




or Where there are existing or

simultaneously constructed walls or carports abutting the boundary on an abutting lot, the length of the existing or simultaneously constructed walls or carports, whichever is the greater.


A building on a boundary includes a building set back up to 150mm from a boundary.

The height of a new wall constructed on or within 150mm of a side or rear boundary or a carport constructed on or within 1 metre of a side or rear boundary should not exceed an average of 3 metres with no part higher than 3.6 metres unless abutting a higher existing or simultaneously constructed wall.

Complies

Page 22971







Complies



Complies

Page 22972






If a north-facing habitable room window of an existing dwelling is within 3 metres of a boundary on an abutting lot, a building should be setback from the boundary 1 metre, plus 0.6 metres for every metre of height over 3.6 metres up to 6.9 metres, plus 1 metre for every metre of height over 6.9 metres, for a distance of 3 metres from the edge ofeach side of the window. A north-facing window is a window with an axis perpendicular to its surface oriented north 20 degrees west to north 30 degrees east.

Complies




Complies








Complies


Complies

Page 22973







Permanent, fixed and durable. Designed and coloured to blend

in with the development.


Complies



Complies




Complies


Complies


Complies

Page 22974




On-Site Amenity and Facilities Clause 55.05Title & Objective Standard Complies / Does Not Comply / Variation Required /

N/A



Complies


Entries to dwellings and residential buildings should:

Be visible and easily identifiable from streets and other public areas.

Provide shelter, a sense of personal address and a transitional space around the entry.

Complies






Complies



Total of 40 square metres, one part to consist of secluded private open space to side or rear with a minimum area of 25 square metres and a minimum width of 3m

A balcony of 8 square metres, minimum width of 1.6 metres



Within the Residential 1 Zone schedule:

An area of 40 square metres, with one part of the private open space to consist of secluded open space at the site or rear of the dwelling or residential building with a minimum area of 25 square metres, a minimum dimension of 5 metres and convenient access from a living room.

Complies

Page 22975







Complies


Complies



Complies

Page 22976




Detailed Design Clause 55.06Title & Objective Standard Complies / Does Not Comply / Variation Required / N/A



Facade articulation and detailing,

Window and door proportions,

Roof form, and Verandahs, eaves and

parapets, Should respect the

existing or preferred neighbourhood character.

Complies


Complies



Complies


2m if abutting a Road Zone, Category 1.

1.5m in any other streets.

Within the Residential 1, 2 and 3 Zone schedule:Maximum 1.5 metre height in streets in Road Zone Category 1, 1.2 metre maximum height for other streets.

Complies




Complies


Complies




Complies


Complies

Page 22977






Complies

Page 22978







ATTACHMENT 5



Page 22979




Car ParkingAssessment Table for Clause 52.06Title & Objective Standard Complies / Does Not Comply /




One space for each one or two bedroom dwelling.

Two spaces for each three or more bedroom dwelling, with one space under cover.










Complies



Complies


- N/A


Complies


Minimum car park and accessway dimensions: Parallel – 2.3m x 6.7m with a accessway width

of 3.6m 45 degrees – 2.6m x 4.9m with a accessway

width of 3.5m 60 degrees – 2.6m x 4.9m with a accessway


width of 6.4m(refer to the table in 55.06 for more details)

- N/A


- N/A

Page 22980







Complies




Complies


Mechanical parking may be used to meet the car parking requirement provided: At least 25 per cent of the mechanical car

parking spaces can accommodate a vehicle clearance height of at least 1.8 metres.



- N/A



Complies


- N/A


Car parking should be well lit and clearly signed. - N/A


- N/A



- N/A


- N/A


- N/A

Page 22981




2.3.8 Town Planning Application - No. 31 Orlando Crescent, Keysborough (PlanningApplication No. PLN15/0597)

471495File Id:


Development PlansClause 55 Assessment & Clause 52.06Assessment

Attachments:

Application Summary

Ausample PTY LTDApplicant:

Development of the land for thirteen (13) dwellingsProposal:

General Residential Zone (Schedule 2)Zone:

Environmental Audit OverlayDevelopment Plan Overlay (Schedule 5)Development Contribution Plan Overlay (Schedule 1)

Overlay:

Red GumWard:

This application has been brought to a Council Meeting for a determination at the direction of aCouncillor calling in the application.

The application proposes the construction of thirteen (13), double storey dwellings on the subjectsite. Vehicle and pedestrian access is proposed via Orlando Crescent.

A permit is required pursuant to Clause 32.08-4 of the Greater Dandenong Planning Scheme for theconstruction of two or more dwellings on a lot.

The car parking rate is compliant with Clause 52.06 (car parking) and no reduction of the statutorycar parking rate is sought with this application.

Assessment Summary

The subject site is located within an emerging residential area and is well suited for medium to highdensity housing given that the site is located close to a proposed new Neighbourhood Activity Centre.The site is within walking distance of community facilities, and complementary land uses.

Page 22982



The development is respectful of the preferred neighbourhood character by way of density, siting,design, mass, height and bulk. The development provides appropriate parking provision and openspace provision, and complies with both the State and Local Planning Policy Framework, and withthe inclusion of conditions (mainly design, setbacks and visitor car parking) complies with Clause 55of the Greater Dandenong Planning Scheme.

The proposal seeks a contemporary development and provides dwellings that add to the diversity ofhousing available to suit the changing needs of the community. This medium to high density proposalmeets the preferred character of the area, which is starting to evolve.

The subject lot is covered by an Approved Development Plan, DPO5.01 Keysborough SouthDevelopment Plan Stages 2 & 3. The subject development is considered to be generally in accordancewith the Development Plan and as such is exempt from notice requriements under Clause 43.04-2of the Greater Dandenong Planning Scheme.


As assessed, the proposal is consistent with and appropriately responds to the provisions of theGreater Dandenong Planning Scheme. The proposal appropriately responds to strategic policy forresidential development in the area with this report recommending that the application be supported,and that a Permit be granted subject to conditions as set out in the recommendation.

Page 22983



2.3.8 Town Planning Application - No. 31 Orlando Crescent, Keysborough (Planning Application No.PLN15/0597) (Cont.)


Subject Site

The subject lot is currently vacant and is irregular in shape, resembling an ‘L’ Shape.The main frontage is to Orlando Crescent to the east, with the only access to the lot being viatwo (2) existing crossovers from Orlando Crescent.The subject site has a frontage to Orlando Crescent (east) of 28 metres, an irregular southernboundary with an overall distance of 81.30 metres, a western boundary of 44.76 metres, and anorthern boundary distance of 67.36 metres. The total area is approximately 2722 Sq. metres.The subject site is predominantly void of vegetation, with no presence of significant canopytrees.No easements burden the subject lot.

Surrounding Area

The subject site is located within the Keysborough South Development Plan (Stage 2 & 3) area,and is accessed from Orlando Crescent via Chapel Road approximately 151 metres to the eastand Hutton Road (a major road) to the south.North: Adjoining land to the north contains a single storey dwelling and associated outbuildingssituated within a large rural residential style lot. The private open space of the dwelling is locatedto the rear of the lot.South: The land to the south of the subject lot is identified as a 3580 Sq. metre reserve whichis vegetated with remnant native vegetation.East: The land to the east forms part of a more recent residential subdivision which has providedfor single storey and double storey dwelling on single lots with the exception of a multi dwellingmedium density development of seven (7) dwellings approximately 16 metres to the south east.West: Abutting the subject lot to the west is Keysborough Golf Club which is located out of theUrban Growth Boundary and is identified as being located within the Green Wedge Zone.In addition it is identified the land to the south east of the lot is located within a Commercial 1Zone and is identified within the Keysborough South Development Plan to be developed into aNeighbourhood Activity Centre in the future.The nearest bus route is located along Springvale Road which provides a connection throughto Springvale Station. The development plan details that it is anticipated that the area will beserviced by extensions to the existing public transport network along Chapel Road as part offurther development of the area.Further large medium density subdivisions are being undertaken to the north east of the subjectsite across Chapel Road and in the wider surrounding areas to the north.Parkmore Shopping Centre is located approximately 2 kilometres to the north east with TattersonPark being located approximately 790 metres to the north west.

Page 22984




Locality Plan

Background



Planning Application PLN13/0010 along with endorsed plans were issued on 23 August 2010 for thesubdivision of the land into nine (9) lots with common property.

Planning Application PLN13/0010 (Amended) was issued on 28 August 2010 for the subdivision ofthe land into nine (9) lots with common property, to correct a clerical error in the original permit issued.

Page 22985




Subject Application

Proposal

The application proposes the construction of thirteen (13) double storey dwellings on the land atnumber 31 Orlando Crescent. The development is designed with two rows of dwellings (terraces)which are separated by a 5.5 metre wide driveway with additional landscaping to be provided to thefrontages of each dwelling increasing the distance between the frontages of each terrace to 9.5metres.

The key details of the development are as follows:

Ground flooropen SPOS(Sq. metres)

Balcony

(Sq. metres)

Height

(Metres)

Car parking

(No. Spaces)

Bedrooms(No.)

Dwelling No.and type

Type A

63.67 (northfacing)

N/A7.382241

52.50 (northfacing)

7.382242

52.50 (northfacing)

7.382243

52.50 (northfacing)

7.382244

52.50 (northfacing)

7.382245

63.40 (northfacing)

7.382246

Type B (reverse living)

8.06 (southfacing

6.596237

8.39 (northfacing)

8.06 (southfacing

6.596238

Page 22986




8.39 (northfacing)

8.06 (southfacing

6.596239

8.39 (northfacing)

8.06 (southfacing

6.5962310

8.39 (northfacing)

8.06 (southfacing

6.5962311

8.39 (northfacing)

8.06 (southfacing

6.5962312

8.39 (northfacing)

8.06 (southfacing

6.5962313

8.39 (northfacing)

Type ‘A’ dwellings (1-6):

Comprises a traditional floor plan with ground floor open plan living / kitchen / dining room and laundrywith internal access to the double garage (6 m x 5.5 m) with the first floor having 4 bedrooms (onebeing a master with ensuite and walk in robe), study nook and separate bathroom. The dwellings willbe provided with a ground level area of SPOS accessed from the dining area.

Dwellings 1-6 will front onto the internal driveway. Each dwelling will have pitched roofs and will utilisea mixture of rendered paint finish, Scyon Stria/linea/axon faux weatherboard cladding. No colourscheme has been provided but will be required as a condition of permit.

Page 22987




Type ‘B’ dwellings (7-13):

Comprises a reverse living floorplan with groundfloor master bedroom (with ensuite and walk in robe)and laundry with internal access to the double garage (6 m x 5.73 m), and a first floor with two (2)bedrooms, separate bathroom, open plan living /kitchen/ dining and two first floor balconies (onefacing south the other north) accessed from the living /dining area.

Dwellings 7-13 will front onto the reserve to the south with provision of pedestrian access to the frontdoors via a 1.4 metre wide pedestrian walkway accessed from both Orlando Crescent and the internaldriveway. The walkway will be lit with lighting bollards with a 1.5 metre high ‘pool’ type fence erectedwithin the front setback of the dwellings to the reserve. A 1 metre high hedge will be included behindthe proposed fence.

The rear of the dwellings will face the internal driveway providing access to the proposed garages.

Each dwelling will have flat roof forms to the dwelling frontages with sloped roof to the rear of eachdwelling. The dwellings will utilise a mixture of rendered paint finish, Scyon Stria/linea/axon fauxweatherboard cladding. No colour scheme has been provided but will be require as a condition ofpermit.

The proposal seeks to close and reinstate the kerb and channel of two existing crossovers and createa new crossover to provide the central access way from Orlando Crescent.

The applicant proposes three (3) visitor spaces located to the south of the driveway at the easternend of the lot near the Orlando Crescent frontage. Additional landscaping will be provided at thislocation to soften the impact of the proposed car parking.






Page 22988






For the construction of two or more dwellings on a lot pursuant to Clause 32.08-4.


Zoning Controls

The subject site is located in a General Residential Zone (Schedule 2), as are the surrounding areasto the north, south and east with land to the west being located within the Green Wedge Zone.


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 implement neighbourhood character policy and adopted neighbourhood character guidelines.To provide a diversity of housing types and moderate housing growth in locations offering goodaccess to services and transport.To allow educational, recreational, religious, community and a limited range of othernon-residential uses to serve local community needs in appropriate locations.

Pursuant to Clause 32.08-4 of the Greater Dandenong Planning Scheme a planning permit is requiredfor the construction of two or more dwellings on a lot.

Overlay Controls

The subject site is located within an Environmental Audit Overlay (EAO).

The purpose of the Environmental Audit Overlay outlined at Clause 45.03 is:

To implement the State Planning Policy Framework and the Local Planning Policy Framework,including the Municipal Strategic Statement and local planning policies.To ensure that potentially contaminated land is suitable for a use which could be significantlyadversely affected by any contamination.

No permit is required for the subject proposal under the overlay but certain requirements need to bemet.

The subject site is located within a Development Plan Overlay (Schedule 5) (DPO5). The DPO atClause 43.04-1, states that a permit must not be granted to use or subdivide land, construct a buildingor construct or carry out works until a development plan has been prepared to the satisfaction of theresponsible authority.

Page 22989




A permit granted must be generally in accordance with the development plan.Include any conditions or requirements specified in a schedule to the overlay.

DPO 5.01 Keysborough South Development Plan Stages 2 & 3 Revised June 2011:

has been prepared and approved by Council. The proposed development is generally in accordancewith the development plan.

Conditions as required under Sub Clause 2.0 of Schedule 5 to the DPO are not relevant in relationto this proposal.

Development Contribution Plan Overlay Schedule 1:

The subject site is also located within a Development Contributions Plan Overlay – Schedule 1(DCPO1). Pursuant to Clause 43.04 of the DCPO a permit granted must be consistent with theprovisions of the relevant development contributions plan and include any conditions required to giveeffect to any contributions or levies imposed, conditions or requirements set out in the relevantschedule to the overlay.


Clause 11.04-5 Melbourne’s urban growth

Define the extent of the urban area with an urban growth boundary to:

Facilitate achievement of a compact city.

Clause 15 - Built Environment and Heritage

Contributes positively to local urban character and sense of place.Reflects the particular characteristics, aspirations and cultural identity of the community.Enhances liveability, diversity, amenity and safety of the public realm.Promotes attractiveness of towns and cities within broader strategic contexts.Minimises detrimental impact on neighbouring properties.

Clause 16 – Housing

To locate new housing in or close to activity centres and employment corridors and at otherstrategic redevelopment sites that offer good access to services and transport. Ensuring landsupply continues to be sufficient to meet demand.Increasing choice in housing type, tenure and cost to meet the needs of households as theymove through life cycle changes and to support diverse communities.Increase the proportion of housing in Metropolitan Melbourne to be developed within theestablished urban area, particularly at activity centres, employment corridors and at other strategicsites, and reduce the share of new dwellings in greenfield and dispersed development areas.

Page 22990




Encourage higher density housing development on sites that are well located in relation to activitycentres, employment corridors and public transport.Ensure an adequate supply of redevelopment opportunities within the established urban areaefficient, incorporates water efficient design principles and encourages public transport use.Identify opportunities for increased residential densities to help consolidate urban areas.

Clause 16.01-4 Housing diversity

To provide for a range of housing types to meet increasingly diverse needs.Encourage the development of well-designed medium-density housing which:

Respects the neighbourhood character.Improves housing choice.Makes better use of existing infrastructure.Improves energy efficiency of housing.Support opportunities for a wide range of income groups to choose housing in well servicedlocations.

Clause 18.01-1 Land use and transport planning

Plan urban development to make jobs and community services more accessible by:

Ensuring access is provided to developments in accordance with forecast demand, takingadvantage of all available modes of transport and to minimise adverse impacts on existingtransport networks and the amenity of surrounding areas.


The Local Planning Policy Framework (LPPF) includes the Municipal Strategic Statement (MSS) andLocal Policies.

Clause 21.04-1 Housing and Community

Greater Dandenong is forecast to be home to some 16,700 new households by 2031 (asmeasured from 2001), according to the Southern Regional Housing Statement (DSE, 2006).This represents a 36% increase on the number of households compared to 2001.

Supporting urban consolidation and providing housing in existing areas close to activitycentres means that people do not need to travel as far to work, shop or to take part insports/leisure activities thus reducing the environmental impacts of transport.

Increases in housing density must be balanced by adequate provision of open space, goodurban design and improvements to the public realm.

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Council is committed to actively encourage multi-storey, higher-density residential developmentin central Dandenong and other major activity centres of Springvale and Noble Park as acomponent of mixed-use function of those centres.Encourage the provision of housing that is adaptable to support the needs of the changing needsof present and future residents.Encourage new residential development that incorporates adequate space for the planting andthe long term viability and safe retention of canopy trees.Respecting valued, existing neighbourhood character both on particular sites and within widerstreetscapes.Ensuring new development takes into full account the neighbourhood character design guidelinesfor each type of building and that such new development positively contributes to the preferredfuture neighbourhood character of each particular residential area.Actively encouraging well designed, medium and higher density housing in strategic locationsand in areas nominated for substantial change.

Clause 21.05-1 Urban design, character, streetscapes and landscapes

To facilitate high quality building design and architecture.1.

Ensure building design is consistent with the preferred character of an area andfully integrates with surrounding environment.

1.1.

Encourage high standards of building design and architecture, which allows forflexibility and adaptation in use.

1.2.

Encourage innovative architecture and building design.1.3.

To protect and improve streetscapes.7.

Ensure that new developments improve streetscapes through generous landscapesetbacks and canopy tree planting.

7.1.

Ensure landscaping within private property that complements and improves thestreetscapes and landscaping of public areas.

7.2.

Clause 22.09 Residential Development and Neighbourhood Character policy

It is noted that Clause 22.09 – Residential Development & Neighbourhood Character Policy does notapply to the subject site. That policy applies to all residential developments which require a permit inthe General Residential Zone, Neighbourhood Residential Zone and Residential Zone. However itdoes not apply, amongst others, to land which is generally bounded by the Eastlink Tollway,Greens/Hutton Roads, the Dingley Freeway Road Reservation and Chapel Road Keysborough South(also known as Stages One, Two and Three - including the Keys and the Crystal Waters HousingEstates).

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Car Parking

Clause 52.06 of the Greater Dandenong Planning Scheme relates to car parking. The purpose ofthis clause is:

To ensure that car parking is provided in accordance with the State Planning Policy Frameworkand Local Planning Policy Framework.To ensure the provision of an appropriate number of car parking spaces having regard to thedemand likely to be generated, the activities on the land and the nature of the locality.To support sustainable transport alternatives to the motor car.To promote the efficient use of car parking spaces through the consolidation of car parkingfacilities.To ensure that car parking does not adversely affect the amenity of the locality.To ensure that the design and location of car parking is of a high standard, creates a safe.

The table within Clause 52.06-5 provides the required car parking rates for particular uses, it states1 car parking space must be provided to each one or two bedroom dwelling and 2 car parking spacesto each three or more bedroom dwellings (studies or studios that are separate rooms are to be countedas a bedroom) and 1 visitors car parking space to every five dwellings.

Clause 55 - Two or more dwelling on a lot and residential buildings

Pursuant to Clause 55 of the Greater Dandenong Planning Scheme, the provisions of this Clauseapply to an application:

To construct two or more dwellings on a lot; andTo construct a dwelling if there is at least one dwelling existing on the lot.

A development:

Must meet all the objectives of this clause.Should meet all of the standards of this clause.

An assessment of the application against this policy is contained within the attachments of this report.

General Provisions


Page 22993





There are no Restrictive Covenants registered on Title. Although, Section 173 Agreement AK28498Sis registered on the Title. This Section 173 Agreement was registered under Planning PermitPLN10/0853. This Agreement required a number of obligations for the owner to undertake the mainelement of which may affect the subject application including:

That each dwelling constructed on any lot on the approved subdivision of the subject land, orany stage of the subdivision of future subdivision, must be provided with glazing in accordancewith Appendix D of the “206 Chapel Road, Keysborough, Environmental Notice of Assessment,AECOM Australia Pty Ltd, 29 November 2010” report.





Community Safety




Referrals


Page 22994




Internal

The application was internally referred to the following Council departments for their consideration.

RESPONSEREFERRAL DEPARTMENT

No Objection (Subject to Conditions)Civil Development

DRAINAGE OF THE SITE

Provision must be made for the drainage for proposeddevelopment including landscaped and paved areas, all to thesatisfaction of the Responsible Authority.

STORMWATER DISCHARGE

The connection of the internal drainage infrastructure to the LPDmust be to the satisfaction of the Responsible Authority, prior tothe issue of land upgrade Approval.

Collected stormwater must be retained onsite and dischargedinto the drainage system at pre development peak dischargerates as stated in the LPD approval letter. Approval of drainageplan including any retention system within the property boundaryis required.

VEHICLE CROSSING

Access to the site and any associated roadwork must beconstructed, all to the satisfaction of the Responsible Authority.Construction of new vehicle crossing will require a VehicleCrossing Permit. All works, including kerb and channelreinstatement shall be in accordance with Council Standards.

CIVIL WORKS PERMIT

Any works undertaken within the road reservation and easementswill require the developer to obtain a Civil Works Permit fromCouncil.

No Objection (Subject to Conditions)ESD/Sustainability

Prior to the endorsement of permit, we require the applicant toamend the appendix of the SDA to include a statement that infersthat the buffer strip proposed, including the driveway catchmentarea is to be designed and verified in accordance with theappointed private drainage engineer.

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The figures in the STORM tool are to be used as an indicativetarget.

The applicant is to apply these comments to the revised SDAreport prior to endorsement.

No Objection (Subject to Conditions)Transport Department

Requirement (Must be undertaken by the applicant)

The proposed visitor car parking arrangements do not allow forvehicles to sufficiently exit the site in a forwards direction.

The applicant must amend the plans to allow vehicles parked inthe proposed visitor car parks to sufficiently enter and exit thesite in a forwards direction, all to the satisfaction of theResponsible Authority.

Planner comments: this issue will be discussed along with apotential permit condition in the assessment section of this report.

Conditions

Standard concrete vehicular crossing/s must be constructed tosuit the proposed driveway/s in accordance with the Council'sstandard specifications. Any vehicle crossing/s no longer requiredmust be removed and the land, footpath and kerb and channelreinstated, and the nature strip sown with grass, all to thesatisfaction of the Responsible Authority.

The operator under this permit must make all reasonableendeavours to ensure that all vehicles entering and exiting thesite should do so in a forward direction, all to the satisfaction ofthe Responsible Authority.

Letterboxes and all other structures (including fencing andlandscaping) should be constructed to a maximum height of900mm or relocated clear of a splayed area (2m x 2.5m) alongthe frontage road at access points in accordance with DandenongPlanning Scheme Clause 52.06-8.

No objection (No Conditions)Asset Planning

The comments provided will be considered in the assessment of the application.

Page 22996




Advertising

Notice of the application was not required to be given under Section 52 of the Planning andEnvironment Act 1987 as under Clause 43.04-2 an application under any provision of this schemewhich is generally in accordance with the development plan is exempt from the notice requirementsof Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the reviewrights of Section 82(1) of the Act.

Assessment

The subject site is located within an emerging residential area. The subject super lot was designedfor and is well suited for medium density housing given that the site is located in an area that hasbeen rezoned for residential development and is located close to a future Neighbourhood ActivityCentre which will host a range of community services and facilities.

As required by the residential zone that applies to this site, the proposed development has beenassessed against the provisions of Clause 55 of the Greater Dandenong Planning Scheme and theschedule to the residential zone. The use of the land for accommodation (dwellings) is as of right.

An assessment against Clause 55 is included at the end of this report (Attachment 2). The proposeddevelopment has also been assessed against Clause 52.06 Car parking (see Attachment 2) of theGreater Dandenong Planning Scheme. The proposal complies with all requirements of these clausesexcept where nominated in the above mentioned attachments and discussed below as follows:

Clause 55 Two or more dwellings on a lot and residential buildings (Attachment 2)

The proposed development has been assessed against the design standards of Clause 55. Theproposal complies with all requirements of Clause 55 except under the following circumstances:

Clause 55.02-1 ‘Neighbourhood Character objectives’

Standard B5 states ‘development should be orientated to front existing and proposed streets’.

A public reserve has been created abutting the southern boundary of the lot, as such, dwellings 7-13will be oriented towards this reserve with the remainder of the development (dwellings 1-6) beingorientated to the new internal access way.

The overall site layout has been designed to complement the adjacent reserve. Entrances to thedwellings 7-13 will face the reserve and pedestrian access to the dwellings will be via a pedestrianpathway to be created between the front setback of the dwellings and the northern boundary of thereserve.

It is considered that whilst the remaining dwellings, due to the configuration of the development, willnot be oriented directly to the street frontage but to the internal access way. That the facade ofDwelling six (6) could and should wrap around the corner of the dwelling to provide better articulation,window forms and ultimately presence to the street thereby providing a more favourable designoutcome at this location.

Page 22997




Dwelling thirteen’s (13) eastern elevation will also be visible from Orlando Crescent, therefore in orderto provide a consistent visual presence to Orlando Crescent the proposed wrap around facade asrequired for Dwelling six (6) will also be required for Dwelling thirteen (13).

In addition the proposed 1.8 metre high fence is not considered appropriate and should be reducedin length in order for the above alterations to be visible from the street.

Condition 1.1 will require the permit holder to alter the design of Dwelling 6 and 13 to provide a wraparound facade and Condition 1.2 will require the reduction of the length of the proposed fence inorder to provide for a more acceptable outcome at this location.

Clause 55.03-1 ‘Street setback objective’

Schedule 2 to the General Residential Zone states that the street setback of a development shouldbe provided as per Standard B6 or be 7.5 metres, whichever is lesser. In this case the standardoverrides the schedule as ‘there is no existing building on either the abutting allotments facing thesame street, and the site is not on a corner’, therefore the minimum setback from the front streetshould be four (4) metres.

Dwelling 6 will have a minimum setback of 2.076 metres from the street which will have a 1.8 metrehigh timber paling fence with a minimum of 50% openings and be constructed on this boundary.

The subject lot is unique in its context being an ‘L’ shaped super lot with a boundary to a reservetherefore the configuration of the proposed dwellings on the lot are dictated by the desire for dwellings7-13 to front the reserve. This configuration means the remainder of the dwellings on the lot havingto be orientated to the internal access way.

Whilst having dwelling six (6) being setback 2.076 m from the front boundary of the lot instead of four(4) metres is not the most desirable outcome, requiring the dwelling to be fully orientated to the streetwith a four (4) metre setback would either result in the loss of a dwelling, the reduction in the widthof the proposed dwellings to an extent that an inadequate level of internal amenity would be affordedto future residents or additional crossovers would be required to service the dwelling.

In addition other dwellings located along this section of Orlando Crescent either fronting or having aside setback to the road have similar setbacks. Namely, 1/25 Oswald Crescent, setback 2.093 m and20 Orlando Crescent, setback approximately 2.1 m. As such a reduced setback to 2.076m for Dwellingsix (6) would not cause an overall detriment to the visual feel of the area. In addition as outlined inthe discussion regarding Standard B5 the facade of the dwelling will be required to be wrapped aroundthe corner of dwelling 6 in order to increase its visual presence and the fencing will be reduced inlength to provide a better design outcome at this location.

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Clause 55.04 ‘Side and Rear Setback Objective’

Standard B17 states, ‘A new building not on or within 200mm of a boundary should be set back fromside or rear boundaries:

At least the distance specified in a schedule to the zone, orIf no distance is specified in a schedule to the zone, 1 metre, plus 0.3 metres for every metre ofheight over 3.6 metres up to 6.9 metres, plus 1 metre for every metre of height over 6.9 metres.

Under the standard the required side setback from the western boundary for dwelling 7 is 1.90 m.The subject dwelling will have a setback to the western boundary varying from a minimum of 1.6 m(north western corner of dwelling 7) to 1.92 m. As such the setback has been requested to be varied.

The 0.3 m reduction in the required setback is not considered to be inappropriate. The boundary forwhich the setback will apply does not abut an existing dwelling but a Golf Course. The land immediatelyadjacent is partially clear of vegetation and is unused with a row of native vegetation to the westwhich will screen the development from the golf course and its open space. It is therefore acceptedthat a reduction in the setback by 0.3 m to the eastern boundary is acceptable.

Clause 55.06 ‘Storage Objective’

Standard B30 states ‘Each dwelling should have convenient access to at least 6 cubic metres ofexternally accessible, secure storage’.

Proposed dwelling 1-6 have identified the required storage space on the submitted plans but havenot identified the storage requirements for dwellings 7-13. This will be requested by way of condition1.8 on any permit issued.

Clause 52.06 Car Parking (Attachment 3)

The proposed development has been assessed against the parking requirements and design standardsof Clause 52.06. The proposal provides for three (3) visitor car spaces exceeding the provisionalrequirement and complies with all requirements of Clause 52.06 except in the following circumstances:

Design standard 2 ‘car parking spaces’ requires parallel spaces to be 2.3 m wide by 6.7 m long.

The submitted plans detail three (3) visitor car spaces located to the south of the proposed accessway in the eastern section of the lot. None of the proposed visitor spacesmeet the design requirements.

The application was referred to Council’s Transport Department who have provided a design solution.It is proposed that the visitor spaces be reorientated to 90 degrees spaces within the same location.This reorientation will allow for visitor car spaces with the correct dimensions to be provided on site.Condition 1.4 will require the plans to amended.

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Conclusion

The application has been assessed against the relevant sections of the Greater Dandenong PlanningScheme, including the State and Local Planning Policy Framework, Municipal Strategic Statementas set out in this assessment. It is considered that the application complies with these policies andit is therefore recommended that the proposal is approved subject to conditions.

Recommendation

That Council resolves to Grant a planning permit in respect of the land known and describedas 31 Orlando Crescent, Keysborough, for the development of the land for thirteen (13)dwellings in accordance with the plans submitted with the application subject to the followingconditions:


1.

endorsed by the Responsible Authority. The endorsed copy of the plans forms partof this permit. The plans must be in accordance with the plans submitted with theapplication but modified to show:

Amendments to the eastern elevations of Dwelling six (6) and thirteen (13),providing a wrap around front facade.

1.1.

The fencing plan amended to:1.2.

Alter Fence Type A fromGoodNeighbour Fencing to Timber PalingFence.

1.2.1.

Reduction in the length of Fence Type B, to end just after thesecond ground floor window on the eastern elevation of Dwelling6. And alteration of fence type B to Timber Paling Fence in orderto protect the amenity of dwelling six (6) Secluded Private OpenSpace.

1.2.2.

Removal of Fence Type C or reduction to 1.2 metres high.1.2.3.

An overlooking plan clearly showing that no overlooking will occur fromthe north facing balconies or bedrooms of dwellings 7-13 into any habitablerooms of dwellings 1-6. Should overlooking be identified mitigationmeasures to the satisfaction of the Responsible Authoritymust be provided.

1.3.

The reorientation of the visitor car spaces to 90 degree spaces to allow forvehicles parked in the proposed visitor spaces to enter and exit the site ina forward direction. All car spacesmust be dimensioned and in accordancewith Clause 52.06 of the Greater Dandenong Planning Scheme.

1.4.

The heights of the end of the walls of dwellings 1, 6, 7 and 13.1.5.

Page 23000




The width of the proposed crossover.1.6.

The dimension of the minimum setback of dwelling seven (7) from thewestern boundary.

1.7.

Identification of 6 cubic metres of externally accessible storage areas fordwellings 7-13 inclusive.

1.8.

The relocation of the bin storage areas for dwellings 7-13 inclusive, to acommunal bin storage area located in proximity to the visitor car parkingarea. This must include the proposed landscape and screening treatments.

1.9.

Full detailed colours and materials schedule.1.10.

Removal of the word ‘indicative’ from the lighting bollards to pathwaynotation.

1.11.

Amended landscaping plan identifying all the required changes outlinedabove (if relevant).

1.12.


Before the development starts, two (2) copies of an amended ESD Report (includingan updated SDS Assessment) , must be submitted to the Responsible Authority forapproval. No buildings or worksmust be commenced until the ESDReport (includingan updated SDSAssessment have been approved and endorsed by the ResponsibleAuthority. The endorsed report forms part of this permit.

2.

The report must be in accordance with the report submitted with the application butmodified to show:

An amendment to the appendix of the SDA to include a statement that infersthat the buffer strip proposed, including the driveway catchment area is tobe designed and verified in accordancewith the appointed private drainageengineer.

2.1.

The figures in the STORM tool are to be used as an indicative target.2.2.

Prior to the endorsement of plans under Condition 1, a Waste Management Planprepared by a suitably qualified person must be submitted to the ResponsibleAuthority for approval. Once approved, theWasteManagement Planwill be endorsedand will then form part of the permit. The report must address and provide for thefollowing:

3.

Figures showing the likely generation of garbage and recycling for eachdwelling.

3.1.

Page 23001




The number and size of garbage and recycling receptacles to be providedon the site.

3.2.

The area designated for the collection of receptacles, including numbersat each area and the number of receptacles to be collected from the kerbside,if any, having regard to the available space for collection at the front of thesite (allowing for street furniture, poles, signs and street trees).

3.3.

The person or body responsible for placing and removing receptacles toand from the collection points on collection day.

3.4.

Any other relevant matter so as to ensure that waste is efficiently collectedand the storage and operation will not adversely affect the residents in thelocality.

3.5.

Details of the bin rooms proposed including the size, layout, wash-downarea (including water retention and treatment if necessary), ventilation,vermin prevention, noise, stormwater pollution prevention.

3.6.

All to the satisfaction of the Responsible Authority.3.7.

Prior to the commencement of any buildings and works allowed by this permit theowner and/or developer must submit a Construction Management Plan to thesatisfaction of the Responsible Authority. Once approved, the Construction

4.

Management Plan will be endorsed and will then form part of the permit. TheConstruction Management Plan must include details on how the construction willbe undertaken so it has minimal impact on the surrounds. Details to be provided inthe Construction Management Plan must include, but are not limited to:

Hours of construction, control of noise and airborne matter, deliveries,vehicle access, worker car parking, damage to public assets, and contactnumbers for complaints;

4.1.

All Traffic Management Plans for the site demolition, excavation, deliveriesand other construction related activities that will affect vehicle andpedestrian traffic;

4.2.

The location of all areas on-and/or off-site to be used for construction staffparking;

4.3.

A Parking Management Plan for all associated construction vehicles;4.4.

site sheds, portable toilet, storage and materials, etc. must be confined tothe site;

4.5.

The covering and maintenance of all roads/storage areas/externalstockpiles/or vacant areas to avoid dust nuisance to any residential andcommercial premises;

4.6.

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A truck wheel-wash must be installed and used so vehicles leaving the sitedo not deposit mud or other materials on roadways;

4.7.

No water containing oil, foam, grease, scum or litter will be discharged tothe stormwater drainage system from the site;

4.8.

All stored wastes are kept in designated areas or covered containers thatprevent escape into the stormwater system;

4.9.

The amount of mud, dirt, sand, soil, clay or stones deposited by vehicleson the abutting roads is minimised when vehicles are leaving the site; and

4.10.

No mud, dirt, sand, soil, clay or stones are washed into, or are allowed toenter the stormwater drainage system.

4.11.

All works must accord with the approved Construction Management Plan to thesatisfaction of the Responsible Authority.


5.


6.


7.


8.


9.


10.

Access to the site and any associated roadwork must be constructed, all to thesatisfaction of the Responsible Authority. Construction of new vehicle crossing willrequire a Vehicle Crossing Permit. All works, including kerb and channelreinstatement shall be in accordance with Council Standards.

11.


12.

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Alteration, reinstatement or removal of existing vehicle crossings and constructionof new vehicle crossings will be in accordance with Council Standards and willrequire a Vehicle Crossing permit.

13.


14.

Standard concrete vehicular crossing/s must be constructed to suit the proposeddriveway/s in accordance with the Council's standard specifications and any vehiclecrossing no longer required must be removed and the land, footpath and kerb andchannel reinstated, to the satisfaction of the Responsible Authority.

15.


16.

Service units, including air conditioning/heating units, must not be located on anyof the balcony areas or where they will be visible from any public area.

17.

Access to the site and any associated roadwork must be constructed, all to thesatisfaction of the Responsible Authority.

18.


19.

The development shall be provided with external lighting capable of illuminatingaccess to each garage, car parking space and pedestrian walkway. Lighting shallbe located, directed and shielded and of limited intensity that no nuisance or lossof amenity is caused to any person within and beyond the site.

20.

Before the dwellings are occupied, the permit holder must, to the satisfaction of theResponsible Authority:

21.

Connect to a reticulated sewerage system of a sewerage authority;21.1.

Provide stormwater works on the site so as to prevent overland flows ontoadjacent properties;

21.2.

Surface all proposed access and parking areas with concrete, asphalt orother approved hard surfacing material and delineate the parking areas.Once constructed, these areas must be maintained to the satisfaction ofthe Responsible Authority;

21.3.

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Complete the landscaping works shown on the endorsed plan. Thelandscaping area shown on the endorsed plans must be maintained to thesatisfaction of the Responsible Authority and used for no other purpose.Any dead, diseased or damaged plants are to be replaced;

21.4.

Provide power and telephone lines to all new dwellings underground fromthe main point of service supplied by the relevant authority outside theboundaries of the site;

21.5.

Provide a mail box for each dwelling to the satisfaction of the ResponsibleAuthority and Australia Post;

21.6.

Provide a clothesline for each dwelling which must be located so as not tobe detrimental to the visual amenity of the neighbourhood to the satisfactionof the Responsible Authority;

21.7.

Provide lighting near the front entrance of each dwelling to the satisfactionof the Responsible Authority; and

21.8.

Install all plumbing work, sewer pipes etc. associated with the developmentconcealed from general view.

21.9.


The development or any stage of it does not start within two (2) years ofthe date of this permit; or

22.1.

The development if not completed within four (4) years of the date of thispermit.

22.2.

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

The owner or occupier of the land may in writing request the Responsible Authorityto extend the expiry date to complete the development or a stage of the developmentif:

the request for the extension is made within twelve (12) months after thepermit expires; and

(a)


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MINUTE 1293


That Council resolves to Grant a planning permit in respect of the land known and describedas 31 Orlando Crescent, Keysborough, for the development of the land for thirteen (13)dwellings in accordance with the plans submitted with the application subject to the followingconditions:


1.

endorsed by the Responsible Authority. The endorsed copy of the plans forms partof this permit. The plans must be in accordance with the plans submitted with theapplication but modified to show:

Amendments to the eastern elevations of Dwelling six (6) and thirteen (13),providing a wrap around front facade.

1.1.

The fencing plan amended to:1.2.

Alter Fence Type A from Good Neighbour Fencing to Timber PalingFence.

1.2.1.

Reduction in the length of Fence Type B, to end just after the secondground floor window on the eastern elevation of Dwelling 6. Andalteration of fence type B to Timber Paling Fence in order to protect theamenity of dwelling six (6) Secluded Private Open Space.

1.2.2.

Removal of Fence Type C or reduction to 1.2 metres high.1.2.3.

An overlooking plan clearly showing that no overlooking will occur from thenorth facing balconies or bedrooms of dwellings 7-13 into any habitable roomsof dwellings 1-6. Should overlooking be identified mitigation measures to thesatisfaction of the Responsible Authority must be provided.

1.3.

The reorientation of the visitor car spaces to 90 degree spaces to allow forvehicles parked in the proposed visitor spaces to enter and exit the site in aforward direction. All car spaces must be dimensioned and in accordance withClause 52.06 of the Greater Dandenong Planning Scheme.

1.4.

The heights of the end of the walls of dwellings 1, 6, 7 and 13.1.5.

The width of the proposed crossover.1.6.

The dimension of the minimum setback of dwelling seven (7) from the westernboundary.

1.7.

Page 23006




Identification of 6 cubic metres of externally accessible storage areas fordwellings 7-13 inclusive.

1.8.

The relocation of the bin storage areas for dwellings 7-13 inclusive, to acommunal bin storage area located in proximity to the visitor car parking area.This must include the proposed landscape and screening treatments.

1.9.

Full detailed colours and materials schedule.1.10.

Removal of the word ‘indicative’ from the lighting bollards to pathway notation.1.11.

Amended landscaping plan identifying all the required changes outlined above(if relevant).

1.12.


Before the development starts two (2) copies of an amended ESD Report (includingan updated SDS Assessment) , must be submitted to the Responsible Authority forapproval. No buildings or works must be commenced until the ESD Report (includingan updated SDS Assessment have been approved and endorsed by the ResponsibleAuthority. The endorsed report forms part of this permit.

2.

The report must be in accordance with the report submitted with the application butmodified to show:

An amendment to the appendix of the SDA to include a statement that infersthat the buffer strip proposed, including the driveway catchment area is to bedesigned and verified in accordance with the appointed private drainageengineer.

2.1.

The figures in the STORM tool are to be used as an indicative target.2.2.

Prior to the endorsement of plans under Condition 1, a Waste Management Planprepared by a suitably qualified personmust be submitted to the Responsible Authorityfor approval. Once approved, the Waste Management Plan will be endorsed and willthen form part of the permit. The report must address and provide for the following:

3.

Figures showing the likely generation of garbage and recycling for each dwelling.3.1.

The number and size of garbage and recycling receptacles to be provided onthe site.

3.2.

The area designated for the collection of receptacles, including numbers ateach area and the number of receptacles to be collected from the kerbside, ifany, having regard to the available space for collection at the front of the site(allowing for street furniture, poles, signs and street trees).

3.3.

Page 23007




The person or body responsible for placing and removing receptacles to andfrom the collection points on collection day.

3.4.

Any other relevant matter so as to ensure that waste is efficiently collected andthe storage and operation will not adversely affect the residents in the locality.

3.5.

Details of the bin rooms proposed including the size, layout, wash-down area(including water retention and treatment if necessary), ventilation, verminprevention, noise, stormwater pollution prevention.

3.6.

All to the satisfaction of the Responsible Authority.3.7.

Prior to the commencement of any buildings and works allowed by this permit theowner and/or developer must submit a Construction Management Plan to thesatisfaction of the Responsible Authority. Once approved, the Construction

4.

Management Plan will be endorsed and will then form part of the permit. TheConstruction Management Plan must include details on how the construction will beundertaken so it has minimal impact on the surrounds. Details to be provided in theConstruction Management Plan must include, but are not limited to:

Hours of construction, control of noise and airborne matter, deliveries, vehicleaccess, worker car parking, damage to public assets, and contact numbers forcomplaints;

4.1.

All Traffic Management Plans for the site demolition, excavation, deliveries andother construction related activities that will affect vehicle and pedestrian traffic;

4.2.

The location of all areas on-and/or off-site to be used for construction staffparking;

4.3.

A Parking Management Plan for all associated construction vehicles;4.4.

site sheds, portable toilet, storage and materials, etc. must be confined to thesite;

4.5.

The covering andmaintenance of all roads/storage areas/external stockpiles/orvacant areas to avoid dust nuisance to any residential and commercial premises;

4.6.

A truck wheel-wash must be installed and used so vehicles leaving the site donot deposit mud or other materials on roadways;

4.7.

No water containing oil, foam, grease, scum or litter will be discharged to thestormwater drainage system from the site;

4.8.

All storedwastes are kept in designated areas or covered containers that preventescape into the stormwater system;

4.9.

Page 23008




The amount of mud, dirt, sand, soil, clay or stones deposited by vehicles on theabutting roads is minimised when vehicles are leaving the site; and

4.10.

No mud, dirt, sand, soil, clay or stones are washed into, or are allowed to enterthe stormwater drainage system.

4.11.

All works must accord with the approved Construction Management Plan to thesatisfaction of the Responsible Authority.


5.

Prior to the occupation of the dwellings hereby permitted, all landscaping as shownon the endorsed plans, including trees, shrubs and lawn, shall be planted and thereaftermaintained, to the satisfaction of the Responsible Authority.

6.


7.


8.


9.

Collected stormwater must be retained onsite and discharged into the drainage systemat pre development peak discharge rates as stated in the LPD approval letter. Approvalof drainage plan including any retention system within the property boundary isrequired.

10.

Access to the site and any associated roadwork must be constructed, all to thesatisfaction of the Responsible Authority. Construction of new vehicle crossing willrequire a Vehicle Crossing Permit. All works, including kerb and channel reinstatementshall be in accordance with Council Standards.

11.


12.

Alteration, reinstatement or removal of existing vehicle crossings and construction ofnew vehicle crossings will be in accordance with Council Standards and will requirea Vehicle Crossing permit.

13.


14.

Page 23009




Standard concrete vehicular crossing/s must be constructed to suit the proposeddriveway/s in accordance with the Council's standard specifications and any vehiclecrossing no longer required must be removed and the land, footpath and kerb andchannel reinstated, to the satisfaction of the Responsible Authority.

15.

The operator under this permit must make all reasonable endeavours to ensure thatall vehicles entering and exiting the site should do so in a forward direction, all to thesatisfaction of the Responsible Authority.

16.

Service units, including air conditioning/heating units, must not be located on any ofthe balcony areas or where they will be visible from any public area.

17.

Access to the site and any associated roadwork must be constructed, all to thesatisfaction of the Responsible Authority.

18.


19.

The development shall be providedwith external lighting capable of illuminating accessto each garage, car parking space and pedestrian walkway. Lighting shall be located,directed and shielded and of limited intensity that no nuisance or loss of amenity iscaused to any person within and beyond the site.

20.

Before the dwellings are occupied, the permit holder must, to the satisfaction of theResponsible Authority:

21.

Connect to a reticulated sewerage system of a sewerage authority;21.1.

Provide stormwater works on the site so as to prevent overland flows ontoadjacent properties;

21.2.

Surface all proposed access and parking areas with concrete, asphalt or otherapproved hard surfacing material and delineate the parking areas. Onceconstructed, these areas must be maintained to the satisfaction of theResponsible Authority;

21.3.

Complete the landscaping works shown on the endorsed plan. The landscapingarea shown on the endorsed plans must be maintained to the satisfaction of theResponsible Authority and used for no other purpose. Any dead, diseased ordamaged plants are to be replaced;

21.4.

Provide power and telephone lines to all new dwellings underground from themain point of service supplied by the relevant authority outside the boundariesof the site;

21.5.

Page 23010




Provide a mail box for each dwelling to the satisfaction of the ResponsibleAuthority and Australia Post;

21.6.

Provide a clothesline for each dwelling which must be located so as not to bedetrimental to the visual amenity of the neighbourhood to the satisfaction ofthe Responsible Authority;

21.7.

Provide lighting near the front entrance of each dwelling to the satisfaction ofthe Responsible Authority; and

21.8.

Install all plumbing work, sewer pipes etc. associated with the developmentconcealed from general view.

21.9.


The development or any stage of it does not start within two (2) years of thedate of this permit; or

22.1.

The development if not completed within four (4) years of the date of this permit.22.2.

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

The owner or occupier of the land may in writing request the Responsible Authorityto extend the expiry date to complete the development or a stage of the developmentif:


(a)


CARRIED

Page 23011






TOWN PLANNING APPLICATION – NO. 31 ORLANDO CRESCENT, KEYSBOROUGH (PLANNING APPLICATION NO. PLN15/0597)

ATTACHMENT 1

DEVELOPMENT PLANS


Page 23012






TOWN PLANNING APPLICATION – NO. 31 ORLANDO CRESCENT, KEYSBOROUGH (TOWN PLANNING APPLICATION NO. PLN15/0597)

ATTACHMENT 2

CLAUSE 55 ASSESSMENT CLAUSE 52.06 ASSESSMENT


Page 23026





Neighbourhood Character & Infrastructure Clause 55.02Objective Standard (Summarised) Complies / Does Not Comply

/ Variation Required/NAB1Neighbourhood CharacterTo ensure that the design respects the existing neighbourhood character or contributes to a preferred neighbourhood character.



Complies


Complies




Complies





Complies




Complies


Complies

In areas where utility services or infrastructure have little or no spare capacity, developments should provide for the upgrading of or mitigation of the impact on servicesor infrastructure.

- N/A

Page 23027




Objective Standard (Summarised) Complies / Does Not Comply / Variation Required/NA



Complies


Does not Comply

See section in report


Complies


Complies

Page 23028




Site Layout and Building Massing Clause 55.03Title & Objective Standard Complies / Does Not Comply /






Within the General Residential Zone schedule:As per B6 or 7.5 metres, whichever is the lesser.


See Assessment section of Council Report


The maximum building height should not exceed 13.5 metres in the Residential Growth Zone (as per Clause 32.07-7), 8 meters in the Neighbourhood Residential Zone (as per Clause 32.09-8) and 9 metres in all other zones (unless the slope of the natural ground level at any cross section wider than 8 metres of the site of the building is 2.5 degrees or more, in which case the maximum building height should not exceed 1 metres higher than the maximum prescribed for the relevant zone).

Complies


Complies



Complies




Within the GRZ1 schedule - 30%

Complies






Complies


Complies


Complies

Page 23029











- N/A



Complies


Complies


Complies


Complies











Complies



Complies


Complies

In the GRZ1 and RGZ1 schedule, 70% of ground level front setback planted with substantial landscaping and canopy trees.

N/A

Page 23030







Accessways should:



Be at least 3 metres wide. Have an internal radius of at least

4 metres at changes of direction. Provide a passing area at the

entrance that is at least 5 metres wide and 7 metres long if the accessway serves ten or more spaces and connects to a road in a Road Zone.

Complies


33% of the street frontage; or if the width of the street frontage is less than 20 metres, 40% of the street frontage.

Complies


Complies


Complies


- N/A


Complies






Be secure. Be designed to allow safe and

efficient movements within the development.

Be well ventilated if enclosed. Large parking areas should be

broken up with trees, buildings or different surface treatments.

Complies

Shared accessways or car parks ofother dwellings and residential buildings should be located at least 1.5 metres from the windows of habitable rooms. This setback may be reduced to 1 metre where there is a fence at least 1.5 metres high or where window sills are at least 1.4 metres above the accessway.

Complies

Page 23031




Amenity Impacts Clause 55.04Title & Objective Standard Complies / Does Not Comply /





Sunblinds, verandahs, porches, eaves, fascias, gutters, masonry chimneys, flues, pipes, domestic fuel or water tanks, and heating or cooling equipment or other servicesmay encroach not more than 0.5 metres into the setbacks of this standard.







or Where there are existing or

simultaneously constructed walls or carports abutting the boundary on an abutting lot, the length of the existing or simultaneously constructed walls or carports, whichever is the greater.


A building on a boundary includes a building set back up to 200m from a boundary.

The height of a new wall constructed on or within 200mm of a side or rear boundary or a carport constructed on or within 1 metre of a side or rear boundary should not exceed an average of 3.2 metres with no part higher than 3.6 metres unless abutting a higher existing or simultaneously constructed wall.

N/A – No new walls on boundaries proposed

Page 23032







N/A - No existing habitable room windows opposite the proposed buildings



N/A

Page 23033





20North Facing WindowsTo allow adequate solar access to existing north-facing habitable room windows.


- N/A




Complies


A habitable room window, balcony, terrace, deck or patio should be located and designed to avoid direct views into the secluded private openspace or habitable room window of an existing dwelling (horizontal 9m rule and from a height of 1.7m above ffl).






Complies


Complies

Page 23034






Permanent, fixed and durable. Designed and coloured to blend

in with the development.


- N/A



Complies




Complies


Complies


Complies – See section 173 Agreement

Page 23035




On-Site Amenity and Facilities Clause 55.05Title & Objective Standard Complies / Does Not Comply /




Complies


Entries to dwellings and residential buildings should: Be visible and easily identifiable from

streets and other public areas. Provide shelter, a sense of personal

address and a transitional space around the entry.

Complies






Complies



Total of 40 square metres, one part to consist of secluded private open space to side or rear with a minimum area of 25 square metres and a minimum width of 3 metres.

A balcony of 8 square metres, minimum width of 1.6 metres.



Within the General Residential Zone schedule:With 25 square metres of secluded private open space at ground level having a minimum dimension of 5 metres.

Complies



Complies


Complies





Page 23036




Detailed Design Clause 55.06Title & Objective Standard Complies / Does Not Comply /






Complies


Complies



Complies



Within all residential zone schedules:Maximum 1.5 metre height in streets in Road Zone Category 1, 1.2 metre maximum height for other streets.

Complies




Complies


Complies




Complies


Complies


Complies

Page 23037








One space for each one or two bedroom dwelling.

Two spaces for each three or more bedroom dwelling, with one space under cover.



Complies






Complies



- N/A


Complies


Complies


Minimum car park and accessway dimensions: Parallel – 2.3m x 6.7m with a accessway width

of 3.6m 45 degrees – 2.6m x 4.9m with a accessway



width of 6.4m(refer to the table in 55.06 for more details)

! does not comply


Complies

Page 23038







Complies

Page 23039




2.4 POLICY AND STRATEGY

2.4.1 Planning Scheme Amendment C190 - Former Keysborough Primary School andKeysborough Secondary College (Coomoora Campus) School Sites - Adoption

A3611670File Id:


Report Summary

At its meeting on 14 September 2015, Council resolved to seek authorisation from the Minister forPlanning to prepare and exhibit Amendment C190 - Former Keysborough Primary School andKeysborough Secondary College (Coomoora Campus) School sites to the Greater DandenongPlanning Scheme as required by the Planning and Environment Act, 1987 and regulations. TheMinister gave authorisation on Thursday 1 October 2015.

The Amendment proposes to rezone the former Keysborough Primary School and KeysboroughSecondary College (Coomoora Campus) school sites from Public Use Zone 2 – Education toNeighbourhood Residential Zone 1, apply a new Schedule to the Development Plan Overlay to thesame land and insert a new Reference Document into the Greater Dandenong Planning Scheme inorder to facilitate the future use and development of the land for residential use.

The Amendment was placed on public exhibition over an eight (8) week period extending from 30November 2015 to 22 January 2016. A total of four (4) submissions were received from publicauthorities only during the public exhibition period; however, none of these submissions objected tothe amendment or remained unresolved. Notice of the Amendment was sent to the owners andoccupiers of properties affected by the Amendment and to Prescribed Ministers as required underthe Planning and Environment Act 1987 on 30 November 2015. A notice of the preparation of theAmendment appeared in local newspapers on 30 November 2015 and in the Government Gazetteon 3 December 2015. The Amendment was also exhibited on Council’s Website.

Having fulfilled the notification requirements as per the Minister’s authorisation, Council’s resolutionis sought to adopt the amendment and seek the Minister for Planning’s authorisation to approveAmendment C190 to the Greater Dandenong Planning Scheme.

This report provides an overview of:

The proposed Amendment C190 to the Greater Dandenong Planning Scheme; andThe recommendation to Council in regard to the next steps in the planning amendment process.

Page 23040




This report recommends that Council:

Accept the officer recommendation to adopt Amendment C190 to the Greater DandenongPlanning Scheme in accordance with all the requirements of the Planning and Environment Act1987 and its associated regulations; andAdvises the Minister for Planning that Greater Dandenong Council has resolved to adoptAmendment C190 to the Greater Dandenong Planning Scheme and forward to the Minister forPlanning a copy of the Amendment for approval in the manner required by the Planning andEnvironment Act 1987 and its associated regulations.

Page 23041



2.4.1 Planning Scheme Amendment C190 - Former Keysborough Primary School and KeysboroughSecondary College (Coomoora Campus) School Sites - Adoption (Cont.)

Background

The proposed Amendment C190 applies to the sites of the former Keysborough Secondary College(Coomoora Campus) (Site A) and the former Keysborough Primary School, Springvale South (SiteB) as illustrated below in Figure 1.

The subject sites are bound by Coomoora Road (south), Darren Road (east) and residential propertiesto the north and west. The sites have street vehicle access from Coomoora Road (south), DarrenRoad (east) and pedestrian access from Teddy Crescent and Gillian Street. The land affected by theamendment has a total site area of approximately 43,600m2.

The existing Keysborough Primary School, which will remain operational, adjoins both Site A andSite B. The proposed amendment will not affect the planning controls, which apply to this existingKeysborough Primary School site.

Figure 1 – Location Map

Page 23042




The sites are comprised of two land parcels described as follows:

Site A - Lot 1 on Title Plan PS647548Q (Volume 11499 Folio 035); andSite B - Lot 3 on Title Plan PS647548Q (Volume 11499 Folio 037).

Site A is encumbered by six easements for drainage and sewerage along the north, south and westboundaries. Site B is encumbered by one easement on the eastern boundary for sewerage.

Sites A and B are currently owned by the Department of Education and Training (DET) and havebeen declared surplus to Departmental requirements.

A Public Use Zone (PUZ) currently applies to the subject sites. The purpose of the PUZ is “to recognisepublic land use for public utility and community services and facilities” and “to provide for associateduses that are consistent with the intent of the public land reservation or purpose”. The sites are zonedPUZ2, which provides specifically for education uses. The PUZ2 is consistent with the former use ofthe sites as the Keysborough Primary School and Keysborough Secondary College (CoomooraCampus).

Site A is also affected by a Special Building Overlay (SBO). The purposes of the SBO are “to identifyland in urban areas liable to inundation by overland flows from the urban drainage system asdetermined by, or in consultation with, the floodplain management authority” and “to ensure thatdevelopment maintains the free passage and temporary storage of floodwaters, minimises flooddamage, is compatible with the flood hazard and local drainage conditions and will not cause anysignificant rise in flood level or flow velocity”. The proposed amendment will not affect the applicationof the SBO.

Why is an amendment required?

The schools are now closed and the DET has since declared both sites surplus to its requirements.The current zoning of the subject sites as PUZ2 does not provide for the future use or developmentof the land for non-public purposes.

All government agencies and authorities must adhere to the Policy and Instructions for the Purchase,Compulsory Acquisition and Sale of Land (Government LandMonitor, 2000) in all property transactions.This policy stipulates that the most appropriate zoning for the land must be established and put inplace prior to the sale of land to ensure the highest possible return is achieved. Moreover, an agencymust not offer land for sale where the land is zoned for a public purpose under a planning scheme.The DET has requested this amendment to rezone the land to an appropriate land use zone thatwould enable the disposal of the property and satisfy the requirements of the Government LandMonitor.

Page 23043




Proposal

Proposed Amendment C190 seeks to:

Rezone the subject sites from Public Use Zone 2 (PUZ2) to Schedule 1 to the NeighbourhoodResidential Zone (NRZ1);Insert a Schedule to the Development Plan Overlay (DPO) and apply it to the affected land inorder to guide the future subdivision and development of the sites; andModify Clause 21.08 to include the Former Keysborough Primary School and KeysboroughSecondary College (Coomoora Campus) School Site Rezoning: Ecological Assessment andTree Retention Plan (Jacobs, 2015) as a Reference Document to the Greater DandenongPlanning Scheme.

The proposed changes are discussed in further detail below.

Proposed Rezoning from PUZ2 to NRZ1

The amendment proposes to rezone the site from PUZ2 to NRZ1. The purposes of the NRZ1 are “torecognise areas of predominantly single and double storey residential development”, “to limitopportunities for increased residential development”, “to manage and ensure that developmentrespects the identified neighbourhood character, heritage, environmental or landscape characteristics”and “to implement neighbourhood character policy”. The NRZ1 also provides for “educational,recreational, religious, community and a limited range of other non-residential uses to serve localcommunity needs in appropriate locations”.

The NRZ1 is considered the most appropriate zoning for the site. The NRZ1 has been applied toresidential properties surrounding the site and reflects an appropriate future land use for non-publicpurposes (thus enabling the DET to dispose of the land).

Rezoning the land to NRZ1 is consistent with the Strategic Residential Framework Map contained inClause 21.04-1 of the Municipal Strategic Statement and Clause 22.09: Residential Developmentand Neighbourhood Character Policy of the Greater Dandenong Planning Scheme. Both of theseclauses identify the surrounding residential area as an area of Limited Change, which correspondsto the NRZ1.

Inserting a new Schedule to the DPO and applying it to the land

As this amendment request has arisen because the DET seek to sell the site, it is critical to introducea mechanism into the Planning Scheme to guide the future use, subdivision and development of theland. Accordingly it is proposed to insert a new Schedule to the Development Plan Overlay (DPO)and apply it to both sites in order to require the preparation of a Development Plan. The Schedulewill provide for either a single Development Plan for both sites or for up to two separate DevelopmentPlans to be prepared (one for each site). This will ensure that a high quality residential environmentis delivered for current and future Greater Dandenong residents subsequent to the sale and rezoningof land.

Page 23044




The purpose of the DPO is “to identify areas which require the form and conditions of future use anddevelopment to be shown on a development plan before a permit can be granted to use or developthe land”. Most importantly, the proposed Schedule to the DPO will ensure that the trees identifiedto be of high or moderate value are taken into account in the future use, subdivision and developmentof the land.

The proposed Schedule to the DPOwill include requirements to provide various plans and statements,including a certificate of environmental audit or statement, a development concept plan, a landscapeconcept plan, an environmentally sustainable design statement and a Stormwater Management Planto the satisfaction of the responsible authority (Council). Specific issues to be addressed in theproposed Schedule to the DPO are set out below.

Retention of Significant Vegetation: There is a variety of mature trees located across the siteincluding along the site boundaries. An ecological assessment has been completed to identify theecological values of the site and their implications under Commonwealth and State legislation. Theassessment concluded that over forty (40) planted trees and shrubs are considered to be of valueand should be retained to maintain the locally important biodiversity values and aesthetic characterof the sites within the built-up surrounding urban environment. To ensure that the future developmentof the site minimises impact to significant vegetation, the proposed Schedule to the DPO will providefor the retention of identified trees and shrubs through site responsive design solutions.

Stormwater Management: As outlined above, Site A is affected by a Special Building Overlay (SBO)which enables Council and the relevant floodplain management authority to assess the susceptibilityof any future development proposal to flooding and flood damage and potential effect on floodwaterand stormwater flows. Site B is not included in any planning overlay which indicates the presence offlooding (such as the Special Building Overlay or Land Subject to Inundation Overlay). However,Council’s Civil Development Department has identified that both sites are subject to flooding. Therefore,the proposed Schedule to the DPO will include a requirement for future development on both sitesto prepare a Stormwater Management Plan to the satisfaction of the responsible authority. Thisrequirement will ensure that future development proposals can accommodate flooding and will nothave a detrimental impact on the surrounding area.

Environmental Site Assessment:An expert consultancy has prepared an Environmental Site HistoryReview (February 2015) to assess whether the potential for contamination of the site exists as aresult of historical or current site activities, and whether this may impact upon future residential landuse. This Review concluded that there is low to medium potential for contaminated soils to be foundon the subject sites. Therefore, the proposed Schedule to the DPO will include a requirement for acertificate of environmental audit or a statement from an environmental auditor to be provided toCouncil’s satisfaction prior to the endorsement of the Development Plan. This requirement will ensurethat the land is suitable for future residential development or other sensitive uses permitted underthe NRZ1.

Open Space Contributions: The proposed Schedule to the DPO will include a requirement for aninternal open space network that meets the required 5% land contribution.

Page 23045




Modifying Clause 21.08 to introduce a new Reference Document

As discussed above, the proposed Schedule to the DPO aims to ensure that the ecological valuesand aesthetic character of the site are maintained and the future subdivision layout and developmentavoids the removal of existing significant vegetation. By modifying Clause 21.08 to include the FormerCoomoora Primary School and Keysborough Secondary College (Coomoora Campus) Site Rezoning:Ecological Assessment and Tree Retention Plan (Jacobs, 2015) as a Reference Document to theGreater Dandenong Planning Scheme, Council will be better placed to ensure the retention of identifiedvegetation on the site.

Planning Scheme Amendment Process

The planning scheme amendment process is a formal course of action that every planning authorityis required to undertake in accordance with the Planning and Environment Act, 1987 to make anychanges to its planning scheme. The process provides the opportunity for all stakeholders, includinglocal residents and referral authorities, to make submissions in response to the proposed changesto the Scheme as part of the formal public exhibition phase.

Following the formal exhibition of the Planning Scheme Amendment C190, Council has received noobjection to the Amendment.

As there were no objections made to the amendment, Council is requested to adopt the final changesto the Scheme and submit the amendment to the Minister for Planning for approval.

Community Plan ‘Imagine 2030’ and Council Plan 2013-2017 – Strategic Objectives,Strategies and Plans

After consultation with the Greater Dandenong community on what kind of future they wanted to seefor themselves and the City in 2030, the result was the Greater Dandenong Community Plan ‘Imagine2030’. This report is consistent with the following community visions:

Community Plan ‘Imagine 2030’

People

Pride – Best place best people

Place

Sense of Place – One city many neighbourhoodsSafety in Streets and Places – Feeling and being safeAppearance of Places – Places and buildingsTravel and Transport – Easy to get around

Opportunity

Leadership by the Council – The leading Council

Page 23046




Council Plan 2013-2017

The Council Plan describes the kind of future the Council is working for, and how Council will do thisover four years. This report is consistent with the following goals:

Place

An environmentally sustainable city.A city planned for the future.

Opportunity

A Council that listens and leads.

The strategies and plans that contribute to these outcomes are as follows:

Greater Dandenong Planning Scheme.Greater Dandenong Housing Strategy 2014-2024 (2014).Neighbourhood Character Study (2007).

Related Council Policies

The proposed amendment is supported by the Local Planning Policy Framework of the GreaterDandenong Planning Scheme and is consistent with the vision, objectives and strategies containedtherein.




Resource requirements are in accordance with existing budgetary allocations.

Consultation and Submissions

Planning Scheme Amendment C190 was placed on public exhibition in accordance with therequirements of Sections 17, 18 and 19 of the Planning and Environment Act, 1987 and extendedover an eight (8) week period between 30 November 2015 and 22 January 2016.

Notice of the Amendment was sent by post to the owners and occupiers of properties, which werelocated within sites affected by the Amendment and to Prescribed Ministers as required under thePlanning and Environment Act, 1987. The amendment documentation was also exhibited on Council’swebsite and advertised in local newspapers and the government gazette. Council received no objectionto the Amendment.

Page 23047




Referrals were sent to internal Council departments and external authorities including; EnvironmentProtection Authority (EPA), MelbourneWater, South East Water, Country Fire Authority (CFA), Telstra,Dept of Economic Development, Jobs, Transport and Resources, Department of Environment, Land,Water and Planning (DELWP), MultiNet, Optus, SP AusNet, United Energy, Comdain Services, OriginEnergy and the Office of Aboriginal Affairs Victoria.

Council received submissions from internal departments and four (4) public authorities, none of whichhad any objection to the proposed Amendment C190.

Page 23048




These submissions are summarised below;

Referral CommentsReferral Authority

EPA No objection.

South East Water No objection to the proposed amendment.It was noted that depending on the development layout andultimate number of properties some upsizing of the localreticulation may be required.The owner of the subject land must enter into an agreementwith South East Water for the provision of sewerage and fulfilall requirements to its satisfaction.The owner of the subject land must enter into an agreementwith South EastWater for the provision of potable water supplyand fulfil all requirements to its satisfaction.

Melbourne Water Melbourne Water have no objection to the proposal, butmake the following comments for council to consider for futuredevelopment on the site:Section 4 of the proposed DPO13 includes a requirement tosubmit a stormwater management plan to the satisfaction ofthe responsible authority (and Melbourne Water). MelbourneWater would assess any proposed development based onthe Melbourne Water 'Guidelines for Development inFlood-prone Areas', decision guidelines in the Special BuildingOverlay (SBO) and other applicable floodplain managementpolicy/ guidelines once a detailed stormwater managementplan is submitted under the proposed DPO13.If Section 4 of the DPO13 (specifically the item related to thesubmission of a stormwater management plan) is amendedfor any reason, Melbourne Water would seek furtherconsultation to ensure the requirements of drainage andfloodplain management are achieved for this site.

Floodplain InformationInformation available at Melbourne Water indicates theproperty at 15-29 Coomoora Road, Springvale South (Site A)is subject to overland flooding from the Edithvale Road Drain(Asset ID 1110) for a storm event with a 1% chance ofoccurrence in any given year (1 in 100 year storm event). TheSpecial Building Overlay (SBO) over the property generallyfollows the overland flow path for a 1 in 100 year storm event.The property at 55-67 Coomoora Road (Site B) is not subjectto overland flooding fromMelbourneWater's drainage system,

Page 23049




however stormwater management must also be consideredon this property.

Officer Response Section 4 of the proposed DPO13 specifies the requirementfor a Stormwater Management Plan, which includes aStormwater Drainage Impact Report and details of stormwatermanagement measures.Any modification to the Stormwater Management Plancomponent of the Development Concept Plan must be to thesatisfaction of the responsible authority and MelbourneWater.

CFA No Objection

Bushland & Garden Trees identified to be retained as per Council Arborist’srecommendations include 1, 34, 48, 58,59, 73, 92,94,116,149,162,163,169,170,171,177,178,204,205,228, 278,279,281, 282, 283,298, and 301.Trees originally to be retained but should be removed as notsuitable are: 55, 68, 161,164,305 and 310.Two trees (Tree no. 5 and 85) are identified as perfectspecimens for transplanting into the 5% open spacecontribution.Two areas are nominated as potential 5% open spacecontribution. The first is for a small tree island surroundingtrees 162 and 163.The second is for a larger tree reserve toincorporate trees 278,279,281,282 and 283. Retaining these areas allow for the developmentof open space with attractive trees already established.Tree protection is to be implemented before any earth workscommence and to be inspected by Council Arborist prior toany works.Tree protection to be in accordance with Australian Standards4970-2009 (Protection of trees on development sites).The Council Arborist is to be consulted before works to ensuretree protection works are up to Australian Standards.

Officer Response Concerns raised by the Council Arborist in relation to theretention and removal of trees on site have been appropriatelyaddressed in the Arboriculture Assessment and TreeRetention Plan (Jacobs, 2015).Section 4 of the proposed DPO13 specifies the requirementfor a Development Concept Plan that shows or provides thefollowing information:

Page 23050




Identification of existing vegetation to be retained andremoved, having regard to the findings of Ecology andArboriculture Asessment and Tree Retention Plan(Jacobs, 2015).A subdivision layout that minimises the need to removeexisting identified vegetation.A well-expressed and integrated internal open spacenetwork that meets the required 5% land contribution;has regard to the findings of Ecology and ArboricultureAssessment and Tree Retention Plan (Jacobs, 2015);can be easily accessed by residents and applieslandscaping treatments to all areas of open space.

A Landscape Concept Plan including:

Treatment of the public realm.Vegetation to be retained, areas of new planting andplanting themes and species.Measures to protect and enhance identified vegetation,including detailed measures for the protection of treesto be retained (including tree protection zones). TheLandscape Plan should have regard to the TreeRetention Plan included in the Ecology and ArboricultureAsessment and Tree Retention Plan (Jacobs, 2015).

Civil Development Department No objection.A drainage strategy report will need to be provided to Councilto demonstrate how the land is to be drained and will requireany proposed development to be designed to accommodateflooding in the area.

Officer Response Section 4 of the DPO13 specifies the requirement for aStormwater Management Plan, which includes a StormwaterDrainage Impact Report and details of stormwatermanagement measures.

Transport Planning No Objection.

Page 23051




Conclusion

Planning Scheme Amendment C190 will enable the land identified by the DET as surplus to itsrequirements to be rezoned to facilitate a high-quality, integrated residential development that respectsthe established neighbourhood character.

The proposal will provide opportunities for infill residential development (or other compatible uses)and contribute to additional housing supply in the municipality within an established residential area.

The proposed rezoning to NRZ1 is consistent with the Future Character Area identified in theMunicipalStrategic Statement and Clause 22.09 of the Greater Dandenong Planning Scheme. A Schedule tothe DPO is also considered the most appropriate planning mechanism to manage the redevelopmentof land.

Proposed Amendment C190 implements the objectives of Planning in Victoria and is consistent withrelevant Ministerial Directions, the State Planning Policy Framework and all relevant policies inCouncil’s Municipal Strategic Statement.

Public exhibition of the Amendment provided the opportunity for members of the public to be involvedin the planning amendment process andmake a formal submission to Council based on the proposedAmendment. The Amendment received no objections or unresolved submissions.

This report recommends that Council adopts Amendment C190 and request the Minister for Planningto approve Amendment C190.

Recommendation

That Council:

adopts Amendment C190 to the Greater Dandenong Planning Scheme in accordancewith all the requirements of the Planning and Environment Act 1987 and its associatedregulations; and

1.

advises the Minister for Planning that Greater Dandenong Council has resolved toadopt Amendment C190 to the Greater Dandenong Planning Scheme and forward totheMinister for Planning a copy of the Amendment for approval in themanner requiredby the Planning and Environment Act 1987 and its associated regulations.

2.

Page 23052




MINUTE 1294

Moved by: Cr Sean O'ReillySeconded by: Cr Peter Brown

That Council:

adopts Amendment C190 to the Greater Dandenong Planning Scheme in accordancewith all the requirements of the Planning and Environment Act 1987 and its associatedregulations; and

1.

advises the Minister for Planning that Greater Dandenong Council has resolved toadopt Amendment C190 to the Greater Dandenong Planning Scheme and forward totheMinister for Planning a copy of the Amendment for approval in themanner requiredby the Planning and Environment Act 1987 and its associated regulations.

2.

CARRIED

Cr Roz Blades AM returned to the Chamber at 7.51pm.

Page 23053




2.5 OTHER

2.5.1 Clow Street Former Civic Centre and 18 Stuart Street, Dandenong

qA283304File Id:

Director Community ServicesResponsible Officer:

Report Summary

In March 2015 Council endorsed a preferred position for the use of the former Clow Street Offices,the former Dandenong Library and newly acquired former residential property of 18 Stuart StreetDandenong. Council also gave consideration for altered use of the Tom Houlahan Centre involvingthe Dandenong Community Advisory Bureau and the Dandenong and District Historical Society.These decisions followed considerable community and agency consultation and deliberation byCouncil.

This report presents an adjustment to the endorsed use for some spaces at the former Clow StreetOffices and the Tom Houlahan Centre based on an assessment of the former residential property at18 Stuart Street, Dandenong and the high cost of adapting this facility for public use through theDandenong Neighbourhood House.


This report recommends that Council endorse the proposed use of the former Clow Street Officesfor the Dandenong Neighbourhood House and the Dandenong and District Historical Society andthat the Dandenong Community Advisory Bureau remain at the Tom Houlahan Centre with expandedspace.

This report also recommends that further consideration be given by Council as to the future use ofthe former residential property at 18 Stuart Street, Dandenong at a later date.

Page 23054



Background

Since the report to Council in March 2015 regarding the former Clow Street Offices and DandenongLibrary building (now demolished), the Interfaith Network of the City of Greater Dandenong and theGreater Dandenong Volunteer Resource Service have been accommodated in the facility in line withthe Council Report intentions. Planning work to relocate the Maternal and Child Health Services andthe Dandenong Toy Library has also occurred and the relocation of the services is expected to beconcluded within two months.

Condition Assessment of 18 Stuart Street, Dandenong and Options

The purchase of the Stuart Street property was part of a longer term strategic plan being developedthrough a master plan for the precinct and any use of the building was intended to be temporary.

The principle purchase of the property was a strategic acquisition by Council to complement otherproperty holdings in the precinct to allow an optimal master plan development to occur. This maytake between 5 to 10 years to be fully realised in the current economic circumstances although theintention is to achieve a master plan outcome as soon as can be achieved.

Therefore, interim uses of the property were indicated in the report of March 2015 such as use bythe Dandenong Neighbourhood House for programs. However, as the property had not been assessedat the time of reporting to Council (March 2015), its interim use was to be based on a conditionassessment. This has now occurred.

The discussion with Council at the time of deciding to purchase the property was to achieve a longterm strategic objective to develop the precinct and any interim use should not impact on Council’sstrategic directions.

The property has been a residential home since the early 1960’s. In order to make the former residentialbuilding safely available for public access use by the Dandenong Neighbourhood House such asclasses or programs, the expected minimum capital works cost is between $350-$400K.

There are high compliance costs associated with buildings intended for public use as compared withresidential use. Any use by a community group for office or program is considered public access andrequires the necessary compliance consideration.

These works are to allow for required disability compliance and safe use of the building by the publicin an appropriate physical environment. The assessed costs ($350-400K) are considered basic orminimum requirements and over time there may be an expectation to have the amenity of the facilityenhanced to meet contemporary public use expectations. The available space for use by theDandenong Neighbourhood House within the Stuart Street property is 156 square metres.

There is no capital works budget in 2015-16 to cover these works.

Page 23055



2.5.1 Clow Street Former Civic Centre and 18 Stuart Street, Dandenong (Cont.)

Options that Council could consider in relation to the temporary use of the Stuart Street propertyinclude:

1. Renovate the building for interim use by the Dandenong Neighbourhood House.2. Find another location to accommodate the Neighbourhood House programs and avoid the high

cost of renovating the building.3. Make the Stuart Street property available as a temporary residential rental option. (See later

comments associated with costs to refurbish the facility for rental.)4. Demolish the building and make the site available for temporary open space.

The preferred position is to find an alternative location for the Dandenong Neighbourhood Houseprograms and focus any capital works expenditure by Council on meeting the intentions of the Councilendorsed position of March 2015. The works required on the Stuart Street property are greater inextent than expected and considered a poor use of Council funds if alternative plans can be determinedfor the Dandenong Neighbourhood House programs.

It is proposed that a future use for the Stuart Street property be the subject of further considerationand discussion with Council when more information on other options can be compiled for a Councilbriefing.

In considering options, what is known is that any use, either public or private will require appropriatecapital expenditure to meet reasonable occupancy requirements including disability access. Councilis required to offer facilities that comply with expected legislation which includes, in the case of publicuse, allowing for the possibility of visitation to programs or services by people in a wheel chair forexample.

Alternative Location for the Dandenong Neighbourhood House Programs

By rearranging the agency use of the former Clow Street Offices, 156 square metres of programspace can be made available for the Dandenong Neighbourhood House as direct program space.This is the same space that would be available at the Stuart Street property. In addition, the DandenongNeighbourhood House would have access to share spaces such as meeting rooms, kitchen andtoilets.

To accommodate the Dandenong Neighbourhood House programs in the former Clow Street Officesthe Dandenong Community Advisory Bureau would need to remain as a service in the Tom HoulahanCentre and not relocate to the former Clow Street Offices.

It is noted that the Dandenong Community Advisory Bureau and the Springvale Community Aid andAdvice Bureau have now merged to form a new agency called South East Community Links and theDandenong Community Advisory Bureau as such no longer exists, although current services are stillbeing provided. By remaining at the Tom Houlahan Centre the services would still be available to thecommunity and would not be affected.

This proposal does, however, require the completion of a technology upgrade and minor buildingworks at the Tom Houlahan Centre as part of Council’s forward capital improvement and renewalprogram.

Page 23056




Alternative Location for the Dandenong and District Historical Society

With the proposed relocation of the Dandenong Neighbourhood House programs to the former ClowStreet Offices and by keeping the Dandenong Community Advisory Bureau services at the TomHoulahan Centre, there is an option to relocate the Dandenong and District Historical Society to theformer Clow Street Offices out of the Tom Houlahan Centre.

These proposals would not diminish the program options for the Dandenong Neighbourhood Houseand would allow the Dandenong and District Historical Society to have enhanced workspace forvolunteers and display as intended at the March 2015 Council report. It also allows for expandedSouth East Community Links services within Dandenong at the Tom Houlahan Centre.

Proposal

It is proposed that the 18 Stuart Street former residential property not be considered for use by theDandenong Neighbourhood House to minimise unnecessary capital works costs by Council andCouncil consider the future of this property at a later date.

It is also proposed that the Dandenong Neighbourhood House and the Dandenong and DistrictHistorical Society be located at the former Clow Street Offices through a rearrangement of the spacein this building that had been proposed for the Dandenong Community Advisory Bureau.

This proposal would allow for the Dandenong Community Advisory Bureau services to remain at theTom Houlahan Centre with completion of a technology upgrade and minor building works beingundertaken to provide for the needs of the organisation. These capital costs would be considered byCouncil as part of the 2016-17 budget process.




People

Pride – Best place best peopleCultural Diversity – Model multicultural community

Place

Sense of Place – One city many neighbourhoodsSafety in Streets and Places – Feeling and being safeAppearance of Places – Places and buildingsTravel and Transport – Easy to get around

Page 23057




Opportunity

Education, Learning and Information – KnowledgeJobs and Business Opportunities – Prosperous and affordable



People

A healthy, active and safe communityA city that celebrates its diversity with pride

Place

An environmentally sustainable cityA city planned for the future

Opportunity

A thriving and resilient economyA Council that listens and leads

The strategies and plans that contribute to these outcomes are as follows:

Greater Dandenong Community Hubs Framework 2015Greater Dandenong Community Development Framework 2015


Diversity, Access and Equity Policy 2015




The capital works budget for 2015-16 has provided funds ($450K combined) for the works at theformer Clow Street Offices to complete the relocation of the Interfaith Network of the City of GreaterDandenong, the Greater Dandenong Volunteer Resource Service, Maternal and Child Health Servicesand the Dandenong Toy Library including the refurbishment of the former Council Chamber as sharedspace. These funds would also allow the Dandenong Neighbourhood House and the Dandenongand District Historical Society to be accommodated at the former Clow Street Offices.

Page 23058




To retain the Dandenong services of South East Community Links at the Tom Houlahan Centre anadditional and approximate $160K would be required from the 2016-17 CIP budget.

The alternative of spending upwards of $350-400K on the Stuart Street residential property(unbudgeted) to accommodate the Dandenong Neighbourhood House as a public use building upgradeis considered a more expensive option. The recommended proposal represents a reduction from theestimated Stuart Street property costs of at least $120K.

The Council report of March 2015 made reference to the demolition of the former Maternal and ChildHealth (MCH) and Toy Library buildings opposite the former Clow Street Offices once these serviceswere relocated across to this building. The current MCH and Toy Library buildings will no longer berequired once the services are relocated and the Council 2016-17 capital works budget will includeprovision to demolish these buildings and make good the site for limited secure parking for Councilofficers in the former Clow Street Offices. The estimate for the capital works bid to undertake theseworks is $70,000.

Consultation

Consultation with each of the organisations involved in these proposals has been undertaken throughinformal discussion.

The Dandenong and District Historical Society has expressed their willingness to vacate the TomHoulahan Centre and move to the former Clow Street Offices.

Discussions with South East Community Links have revealed their preferred option is to remain atthe Tom Houlahan Centre, subject to refurbishment and technology upgrades being completed.

The Dandenong Neighbourhood House has confirmed in writing that they are willing to conductadditional programs in the former Clow Street Offices.

Conclusion

The collocation of compatible organisations into the former Clow Street Offices will create an integratedand accessible hub of community services for the Dandenong and broader community.

Page 23059




Recommendation

That Council endorses:

the proposed use of the former Clow Street Offices for the DandenongNeighbourhood House and the Dandenong and District Historical Society;

1.

that the Dandenong Community Advisory Bureau, now known as South EastCommunity Links remains at the Tom Houlahan Centre;

2.

further consideration to be given by Council to the future use of the residentialproperty at 18 Stuart Street, Dandenong; and

3.

its intentions to demolish the soon to be redundant MCH and Toy Library buildingat 43 Clow Street, Dandenong when the services relocate to the former Clow StreetOffices and subject to demolition and site development funds being allocated in the2016-17 Capital Budget.

4.

Cr Roz Blades left the Chamber at 8.03pm.

MINUTE 1295


That Council endorses:

the proposed use of the former Clow Street Offices for the Dandenong NeighbourhoodHouse and the Dandenong and District Historical Society;

1.

that the Dandenong Community Advisory Bureau, now known as South EastCommunity Links remains at the Tom Houlahan Centre;

2.

further consideration to be given by Council to the future use of the residential propertyat 18 Stuart Street, Dandenong; and

3.

Page 23060




its intentions to demolish the soon to be redundant MCH and Toy Library building at43 Clow Street, Dandenong when the services relocate to the former Clow StreetOffices and subject to demolition and site development funds being allocated in the2016-17 Capital Budget.

4.

CARRIED

Cr Roz Blades returned to the Chamber at 8.06pm.

Page 23061




2.5.2 Community Response Grants Program Applications 29 March 2016 Batch

qA283304File Id:

Director Community ServicesResponsible Officer:

Community ResponseGrants Program 29March2016 List of Recommended Applications

Attachments:

Report Summary

This report summarises the recommended grants from the Community Response Grants Program.

All applications have been reviewed by Council Officers and details of eligible applications have beendistributed to Councillors for consideration. The applications recommended for funding are presentedin this report.


This report recommends that Council endorse the recommendations for Community Response Grantsas outlined in the Attachment to this report.

Page 23062



Background

Applications to the Community Response Grants Program can be made by individuals or communitygroups.

Individual Applications

For an individual applicant to be considered eligible they must:

Be a resident of Greater DandenongBe participating in an activity in an unpaid capacity and not as part of their education oremploymentHave complied with the conditions of any previous Council grants.

Individuals can apply for up to $750 to assist them to:

Participate in an elite level sporting tournament, artistic or cultural performance, communitysector or civil society forum, or to receive a highly esteemed individual awardPerform or produce a work of art in Greater DandenongProvide volunteer services that enhance the health and wellbeing of other members of the localcommunityEnrol in a training course that will provide them with the skills to serve the community in avoluntary capacity (not including vocational training or government funded or subsidised training).

When assessing an individual application Council has taken into consideration:

The individual’s social and financial circumstancesThe distance and duration of any travelHow many other local residents will also benefit.

Community Group Applications

Applications from community groups are eligible if the group:

Is a not-for-profit organisationHas a bank account in the group’s name, or nominates another group to receive the grant onits behalfHas not already been funded for the activity and the activity isn’t normally funded by State orFederal GovernmentHas complied with the conditions of any previous Council grants.

Page 23063



2.5.2 Community Response Grants Program Applications 29 March 2016 Batch (Cont.)

In addition, primary and secondary schools are also considered eligible to apply to the CommunityResponse Grants Program, provided that the purpose of the application is outside of the school’score curriculum responsibilities.

Community groups can apply for up to $1,000 to assist with:

Community forums, information sessions or training programsCommunity events or celebrations that encourage wider community engagementRegular social and support activities for senior citizens, people with a disability or other isolatedand/or disadvantaged groupsEvents that raise funds for charitable purposes or for international disaster relief (funds must bedirected through a recognised relief agency)Activities that increase participation in sport, the arts, civic or community activitiesPurchasing items of equipment that allow the group to serve the community in a voluntarycapacityTravel costs for sports teams or similar groups to participate in elite level competitions or similarevents.

When assessing an application Council has taken into consideration:

Community development and community wellbeing outcomesThe number of residents that will participateThe participants’ social and financial circumstancesThe financial capacity of the groupOther more suitable sources of funding.

Other Eligibility Factors

Applications are not accepted from:

Government agencies (with the exception of schools)Profit-making enterprises.

Applications will not be accepted for:

Activities that have already taken place (prior to the submission of the application)Community events or celebrations taking place outside the City of Greater DandenongActivities that promote specific political or religious viewsCapital works, renovations, fixtures and fittings.

Page 23064




Assessment of Applications Received

Council has been receiving applications to the Community Response Grants Program over the pastfew months.

Council officers have checked all applications to ensure compliance with the eligibility criteria for theprogram.

Fourteen eligible applications seeking funding of $11,440 were considered by officers for assessmentin accordance with the endorsed operating procedures that accompanied the Community ResponseGrant Policy 2014. The procedures list the following considerations for assessing applications:

For individual applications:

Higher priority for children, full-time students, people with a disability, senior citizens, singleparents, recently arrived refugees and asylum seekers and low income health-care holders.Distance (within Victoria, interstate or overseas) and duration of activities involving travel.Number of residents who may benefit from the activity.

For community group applications:

Community development and community wellbeing outcomes.The number of residents who will participate.Higher priority where participants are children, full-time students, people with a disability, seniorcitizens, single parents, recently arrived refugees and asylum seekers and low income health-careholders.Financial capacity of group to fund activity without Council support.Suitability of other sources of funding.

Councillors considered the advice from officers regarding eligible applications. Following this it isrecommended that 14 applications be funded to a total amount of $7,220.

The attachment contains a list of all recommended Community Response Grants Program applicationswith recommended funding amounts.

Proposal

It is proposed that Council endorse the recommendations as shown in the attachment for fundingthrough the Community Response Grants Program.



Page 23065





People

Pride – Best place best peopleCultural Diversity – Model multicultural communityOutdoor Activity and Sports – Recreation for everyoneLifecycle and Social Support – The Generations supported

Place

Sense of Place – One city many neighbourhoodsSafety in Streets and Places – Feeling and being safe

Opportunity

Education, Learning and Information – Knowledge



People

A healthy, active and safe communityA city that celebrates its diversity with pride

Place

An environmentally sustainable city


Community Response Grants PolicyCommunity Support Grants PolicySponsorships Policy




The funding recommendations made in this report can be contained within the budgetary parametersof the Community Response Grants Program for 2015-16.

Page 23066




The Community Response Grants Program has a budget of $74,088 available for applications duringthe 2015-16 financial year.

During 2015-16, the assessment of five batches have already been completed with an amount of$36,610 allocated.

If the recommendations of this Report are endorsed with grants totalling $7,220 being allocated,funding of $30,258 would remain available for allocation in the remaining batches for 2015-16.

It is anticipated that there will be two additional batches of applications considered in the currentfinancial year. This will allow an average allocation of $15,129 in each of the remaining batches.

Consultation

During the assessment process, Council officers consulted with staff from across the organisation toseek information and advice regarding the merits of all funding applications.

Conclusion

This report contains the recommendations for funding through the Community Response GrantsProgram.

These recommendations are presented to Council for consideration and endorsement.

Recommendation

That Council, with the removal of one application for $150, endorses the recommendationsas detailed in the attachment of the report titled “Community Response Grants Program 29March 2016 List of Recommended Applications” for the allocation of a total of $7,070 to 13applications for the Community Response Grants Program.

Cr Loi Truong left the Chamber at 8.19pm.

Page 23067




MOTIONMoved by: Cr Maria SampeySeconded by: Cr Peter Brown

That Council:

endorses the recommendations as detailed in the attachment of the report titled“Community Response Grants Program 29 March 2016 List of RecommendedApplications” with the following amendments:

1.

that the grant for the Italian Elderly Citizens' Club Noble Park Inc be increasedfrom $340 to $440; and

a)

that the grant for The Cyrene Centre be increased from $320 to $500.b)

notes the total amount of allocations to $7,350 to 13 applications for the CommunityResponse Grants Program.

2.

LOST

Cr Loi Truong returned to the Chamber at 8.28pm.

For the Motion: Cr Roz Blades AM, Cr Peter Brown, Cr Jim Memeti, Cr Maria Sampey (called for thedivision)

Against the Motion: Cr Matthew Kirwan, Cr Angela Long, Cr Sean O'Reilly, Cr Heang Tak, Cr LoiTruong

MINUTE 1296

Moved by: Cr Sean O'ReillySeconded by: Cr Angela Long

That Council, with the removal of one application for $150, endorses the recommendationsas detailed in the attachment of the report titled “Community Response Grants Program 29March 2016 List of Recommended Applications”, with a total allocation of $7,070 to 13applications for the Community Response Grants Program.

Page 23068




AMENDMENTMoved by: Cr Roz Blades AMSeconded by: Cr Jim Memeti

That Council:

endorses the recommendations as detailed in the attachment of the report titled“Community Response Grants Program 29 March 2016 List of RecommendedApplications” with the following amendments:

1.

that the grant for the Italian Elderly Citizens' Club Noble Park Inc be increasedfrom $340 to $460; and

a)

that the grant for The Cyrene Centre be increased from $320 to $350.b)

notes the total amount of allocations to $7,220 to 13 applications for the CommunityResponse Grants Program.

2.

LOST

CARRIED (REFER TO MINUTE NO. 1296)

For the Motion: Cr Matthew Kirwan, Cr Angela Long, Cr Sean O'Reilly, Cr Heang Tak, Cr Loi Truong

Against the Motion: Cr Roz Blades AM, Cr Peter Brown, Cr Jim Memeti, Cr Maria Sampey (calledfor the division)

Page 23069





OTHER

COMMUNITY RESPONSE GRANTS PROGRAM APPLICATIONS 29 MARCH 2016 BATCH

ATTACHMENT 1

COMMUNITY RESPONSE GRANTS PROGRAM 2015-16 LIST OF RECOMMENDED

APPLICATIONS


Page 23070




Applicant Name Project Title

Community Response Grants Program 2015-16

Amount Recmnded

List of Recommended Applications

Bangladesh Cultural Group Inc. Youth Volunteering Program $600

Declan McBean Victorian Athletics Team $750

Gemma Proy 2016 Super Nationals Indoor Netball Tournament $500

Hamed Afshin Azar 2016 Georgina Hope Foundation Australian Age Swimming Championships

$500

Hassan Afshin Azar 2016 Georgina Hope Foundation Australian Age Swimming Championships

$500

Italian Elderly Citizen Club Noble Park Inc.

Mother's Day Celebrations $340

Lazar Ajdukovic 2016 Shito-ryu Shukokai Karate Do World Cup Competition

$750

Shukrullah Voluntary Assistance for New Migrants $500

Spanish Speaking Friendship Club of Springvale

Mothers Day, Fathers Day, Christmas and the Club Anniversary

$600

The Association of Hazaras in Victoria Inc.

Quarterly Newsletter $500

The Cyrene Centre BBQ Fundraisers $320

Women's Health in the South East Inc.

Health and Wellbeing Prevention Program for CALD Women

$750

Yarraman Oaks Primary School Australian Record Attempt for Dancing the Hokey Pokey

$460

$7,070(13 applications)GRAND TOTAL

Thursday, 31 March 2016 Page 1 of 1List of Recommended Applications

Page 23071




2.5.3 Metro 3175 Project – Lot 123, 25-31 Allan Street, Dandenong

A3688125File Id:

Group Manager Greater Dandenong BusinessResponsible Officer:

Metro 3175 Master PlanAttachments:

Report Summary

This report considers the history to Lot 123 within the Metro 3175 project, provides options as to itsfuture use and recommends that Council proceeds to secure the land for additional open space withinthe estate.


That Council resolves to retain Lot 123 (25-31 Allan Street) for the purpose of additional open spacewithin the Metro 3175 estate and pays Places Victoria its share of the current market value inaccordance with the 15 October 2002 Deed and the subsequent Deed of Termination and Settlement.

Page 23072



Background

Council signed a Deed with the Urban and Regional Land Corporation (now Places Victoria) on 15October 2002 for the Metro 3175 project which primarily related to development of land owned byCouncil being the former Dandenong livestock sale yards and Council depot. The Deed prescribesvarious obligations on both parties with Places Victoria being required to carry out the project includingthe design and delivery of infrastructure and services, marketing and selling land.

Council at its meeting of 8 December 2014 resolved to terminate the 15 October 2002 Deed withPlaces Victoria and delegated the Chief Executive Officer the authority to sign the Deed of Terminationand Settlement.

The 8 December 2014 report detailed the following in respect to Lot 123:

“Lot 123 which was identified as a possible community facility lot by the panel that considered theplanning scheme amendment for the project is deemed to be unsuitable for this purpose. The AllanStreet Bridge will provide improved access to existing and future community facilities located withinthe Dandenong South precinct. Recent strategic work undertaken in respect to social needs withinthis area has confirmed that community facilities would be better located with a community hub facilityin the future, most likely located south of the Dandenong Creek. Council may wish to consideralternative uses for this lot, such as additional open space, or alternatively the site could be sold fordevelopment. A decision in this regard is pending a strategic review of open space requirements inthis locality.”

The Deed of Termination and Settlements has subsequently been executed.

Proposal

A strategic review of open space requirements in this locality has been completed and determinedthat the purchase of Lot 123 for open space purposes provides an opportunity for the Allan StreetReserve to expand to a sizeable reserve which will assist in meeting the recreational needs of thisnew residential community. The existing reserve would increase in size from 1,012 square metres to2,027 square metres which is more in line with the preferred area for local parks of 2,500 squaremetres.

The alternative option available to Council is to sell the land as a development site which would resultin Council receiving its share of the sale price in accordance with the Metro Deed.

In accordance with recent discussions with Councillors at a Council Briefing Session, this reportrecommends securing the land for additional open space within the estate.

Should Council resolve to proceed on this basis, then a budget bid will be made to a future CityImprovement Program for the design and construction of the expanded reserve which is estimatedto cost $150,000.

Page 23073



2.5.3 Metro 3175 Project – Lot 123, 25-31 Allan Street, Dandenong (Cont.)


This report is consistent with the following community visions:

Community Plan “Imagine 2030”

People

Pride – Best place best people

Place

Safety in Streets & Places – Feeling and being safeAppearance of Places – Places and buildingsTravel and Transport – Easy to get around

Opportunity

Central Dandenong – Regional capital DandenongJobs & Business Opportunities – Prosperous and affordable


People

A healthy, active and safe community

Place

A city planned for the futureAn environmentally sustainable city

Opportunity

A thriving and resilient economyA proactive Council that listens and leads

The strategies and plans that contribute to these outcomes are as follows:-

Dandenong Railway Precinct Comprehensive Development PlanRevitalising Central Dandenong Master PlanOpen Space Strategy

Page 23074





The Deed stipulated that Council is required to pay Places Victoria its share of the market value ofthe land, based on a recent valuation dated 5 January 2016 prepared for the Valuer-General Victoria,this equates to the sum of $521,710 (representing 74.53% of the $700,000 ex GST valuation figure).It is recommended that these funds be allocated from the Open Space Reserve.

A budget bid will be made to a future City Improvement Program for the design and construction ofthe expanded reserve which is estimated to cost $150,000.

Consultation

This land parcel has been the subject of a number of discussions with Councillors at recent CouncilBriefing sessions.

Conclusion

Considering the various aspects detailed in this report it is recommended that Council resolved tosecure Lot 123 (25-31 Allan Street) for the purpose of additional open space within the Metro 3175estate.

Recommendation

That Council:

agrees to secure Lot 123 (25-31 Allan Street) for the purpose of additional openspace within the Metro 3175 estate;

1.

pays Places Victoria the amount of $521,710 (exclusive of GST) being its share ofthe market value of the land in accordance with the Deed, with the funds to beallocated from Councils Open Space Reserve;

2.

delegates to the Chief Executive Officer or the Chief Executive Officer’s nomineethe authority to sign the required legal documentation to facilitate this outcome;and

3.

considers an amount of $20,000 in the 2016/17 budget to undertake the necessarydesign and $130,000 in the 2017/18budget to undertake the construction works tointegrate the new open space with the existing parkland.

4.

Page 23075




MINUTE 1297


That Council:

agrees to secure Lot 123 (25-31 Allan Street) for the purpose of additional open spacewithin the Metro 3175 estate;

1.

pays Places Victoria the amount of $521,710 (exclusive of GST) being its share of themarket value of the land in accordance with the Deed, with the funds to be allocatedfrom Councils Open Space Reserve;

2.

delegates to the Chief Executive Officer or the Chief Executive Officer’s nominee theauthority to sign the required legal documentation to facilitate this outcome; and

3.

considers an amount of $20,000 in the 2016/17 budget to undertake the necessarydesign and $130,000 in the 2017/18budget to undertake the construction works tointegrate the new open space with the existing parkland.

4.

CARRIED

Cr Jim Memeti left the Chamber at 8.55pm.

Page 23076





OTHER

METRO 3175 PROJECT – LOT 123, 25-31 ALLAN STREET, DANDENONG

ATTACHMENT 1

METRO 3175 MASTER PLAN


Page 23077




2.5.4 Land Swap Proposal, 134 Hanna Street, Noble Park

qA283304File Id:


Report Summary

At the Council meeting held on 22 February 2016, Council resolved to proceed with a land swapproposal in relation to Council land at 134 Hanna Street, Noble Park. The Council resolution referredto the current owner’s name of the abutting land. The abutting land is now subject to a contract ofsale and the abutting land will be sold to a new owner. As a result, the land swap cannot occur withthe new owner (subject to planning approval) without an amendment being made to the originalresolution.


This report recommends that the Council Resolution of 22 February 2016 item 2.6.5 be amended torefer to the land being transferred to the abutting owner, so that that land swap can still proceed, aswas Council’s intention.

Page 23079



Background

Council resolved on the 22 February 2016 as follows:

That Council, being of the opinion that the land containing the existing subject pathway anddescribed as 134 Hanna Street, Noble Park, can be replaced with alternative land which formspart of the Developers Land at 146 Hanna Street, Noble Park:

1. transfers the land that forms the existing subject pathway and known as 134 Hanna Street,Noble Park to Yarraman Park Land Pty Ltd following the transfer of part of 146 Hanna Streetto Council as an alternative path and satisfies all Council’s requirements in relation to theproposed access path;2. authorises the Chief Executive Officer to sign and seal all documentation associated withthe transfers of Land; and3. officers notify the submitter of the decision and the reason for the decision.

The land abutting the Council site that is proposed for development 48-130 Hanna St and 146 HannaStreet (Abutting Land) is the subject of a contract of sale and the purchaser of the Abutting Land willbe the new developer of that land.

The proposed land swap (the subject of the Council report 22 February 2016) will not occur untilstage one of the development occurs and therefore the land swap must now occur with the new landowner. It is therefore appropriate to replace the initial Council resolution and refer to the land swapoccurring to the abutting owner not to the existing owner, Yarraman Park Land Pty Ltd. If the originalCouncil resolution is not amended the land swap cannot technically proceed.

Conclusion

It is proposed that Point 1 in the Council resolution of the 22 February 2016 be amended to refer tothe abutting owner and not the existing owner – Yarraman Park Land Pty Ltd. Note that Councilofficers have advised submitters to the land swap proposal of Council’s decision to proceed with theland swap. Also note, that the land swap will not proceed until Council has considered its position inrelation to the planning permit.

Page 23080



2.5.4 Land Swap Proposal, 134 Hanna Street, Noble Park (Cont.)

Recommendation

That:

Point 1 of the Council resolution of 22 February 2016 (report item number 2.6.5) bereplaced with the following:

1.

1. transfers the land that forms the existing subject pathway and known as 134Hanna Street, Noble Park to the adjoining owner (being the owner of land known as146 Hanna Street at the time of transfer) following the transfer of part of 146 HannaStreet to Council as an alternative path that satisfies all Council’s requirements inrelation to the proposed access path; and

Council notes that all other parts of the resolution of 22 February 2016 remainunaltered.

2.

Cr Matthew Kirwan disclosed a Conflict of Interest (Indirect interest due as consequence ofbecoming an interested party) in this item as his wife is a submitter of an objection to the LandSwap Proposal. Cr Matthew Kirwan left the Chamber at 8.56pm prior to discussion and votingon this item.

MINUTE 1298

Moved by: Cr Peter BrownSeconded by: Cr Roz Blades AM

That:

Point 1 of the Council resolution of 22 February 2016 (report item number 2.6.5) bereplaced with the following:

1.

1. transfers the land that forms the existing subject pathway and known as 134 HannaStreet, Noble Park to the adjoining owner (being the owner of land known as 146 HannaStreet at the time of transfer) following the transfer of part of 146 Hanna Street toCouncil as an alternative path that satisfies all Council’s requirements in relation tothe proposed access path; and

Page 23081




Council notes that all other parts of the resolution of 22 February 2016 remainunaltered.

2.

CARRIED


Page 23082




2.5.5 Report on Matters Discussed at Councillor Briefing Sessions - 7 March 2016

fA25545File Id:


Report Summary

As part of Council’s ongoing efforts to improve transparency in Council processes, matters discussedat Councillor Briefing Sessions (other than those matters designated to be of a confidential nature)are reported on at ordinary Council meetings.

The matters listed in this report were presented to Councillor Briefing Sessions on 7 March 2016.


This report recommends that the information contained within it be received and noted.

Page 23083



Matters Presented for Discussion

Briefing SessionItem

7 March 2016Monash Freeway Upgrade Program1.

Councillors were presented with an update by a representativefrom VicRoads on the Monash Freeway Upgrade Program.

7 March 2016Asset Management Explained2.

Councillors were presented with an overview of the fundamentalsfor asset management and the maintenance of infrastructureassets.

7 March 2016Springvale Community Precinct Project Design Competition3.

Councillors were presented with a probity plan for the SpringvaleCommunity Precinct project.

7 March 2016International Economic Relationships (Sister City) Policy4.

Councillors were presented with and discussed the developmentof a policy to provide guidelines for the management of Council’sinternational economic and civic relationships.

7 March 2016Election Period (Caretaker) Policy5.

Councillors were presented with Council’s new Election Period(Caretaker) Policy. This Policy was subsequently considered andadopted by Council at the meeting held on 15 March 2016.

7 March 2016Agenda items for the Council meeting 15 March 20166.

Councillors and Council officers briefly discussed the proposedAgenda items for the Council Meeting of 15 March 2016.

7 March 2016Executive Updates/Discussion7.

Councillors and Council officers briefly discussed the followingtopic:

a) Councillors’ annual bus tour around municipality.

Page 23084



2.5.5 Report on Matters Discussed at Councillor Briefing Sessions - 7 March 2016 (Cont.)

Recommendation

That the information contained in this report be received and noted.

MINUTE 1299

Moved by: Cr Angela LongSeconded by: Cr Sean O'Reilly

That the information contained in this report be received and noted.

CARRIED

Page 23085



2.5.5 Report on Matters Discussed at Councillor Briefing Sessions - 7 March 2016 (Cont.)

2.5.6 List of Registered Correspondence to Mayor and Councillors

qA283304File Id:


Correspondence Received 29 February -11March 2016

Attachments:

Report Summary

Subsequent to resolutions made by Council on 11 November 2013 and 25 February 2014 in relationto a listing of incoming correspondence addressed to the Mayor and Councillors, Attachment 1provides a list of this correspondence for the period 29 February -11 March 2016.

Recommendation

That the listed items provided in Attachment 1 for the period 29 February -11 March 2016 bereceived and noted.

MINUTE 1300

Moved by: Cr Matthew KirwanSeconded by: Cr Loi Truong

That the listed items provided in Attachment 1 for the period 29 February -11 March 2016 bereceived and noted.

CARRIED

Page 23086




OTHER

LIST OF REGISTERED CORRESPONDENCE TO MAYOR AND COUNCILLORS

ATTACHMENT 1

CORRESPONDENCE RECEIVED 29 FEBRUARY – 11 MARCH 2016


Page 23087



2.5.6 List of Registered Correspondence to Mayor and Councillors (Cont.)

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Page 23088



2.5.6 List of Registered Correspondence to Mayor and Councillors (Cont.)

3 NOTICES OF MOTION

A notice of motion is a notice setting out the text of a motion proposed to be moved at the next relevantmeeting. It must be in writing, signed by a Councillor, and be lodged with the Chief Executive Officerin sufficient time for him or her to give each Councillor at least 72 hours notice of such notice.

The guidelines for submitting a notice of motion to a Council meeting are included in the currentMeeting Procedure Local Law.

3.1 Notice of Motion No. 88 - Panel Hearing - C182 Planning Scheme Amendment

Cr Matthew KirwanAuthor:

Preamble

In the recent exhibition of the C182 Planning Scheme Amendment there was a high amount of interest.

Six hundred and twenty-eight (628) submissions were received to the C182 Residential Zones ReviewPlanning Scheme Amendment.Over 95% of the submissions are from those who reside in Greater Dandenong and most of those(over 80%) live in the suburb of Dandenong.Panel Hearings are usually held in the Melbourne CBD but hearings in suburban and regional locationsare not uncommon – particular for significant amendments.Melton, Moreland and Whitehorse are getting upcoming panel hearings held in Melton, Brunswickand Box Hill respectively. In the similar 2009 C96 Amendment, some of the panel hearing days werelocated in Dandenong.

Older and mobility-impaired residents of Dandenong have contacted me requesting that some, if notall, of the panel hearing days be held in Dandenong so they can make a verbal submission ratherthan having to travel into the Melbourne CBD.

It is my belief that it is very important – and in line with our Diversity, Access and Equity Policy - thatwe find an alternative location in Greater Dandenong for the Panel Hearing. While the good news isthat the Directions Hearing has been confirmed for Dandenong, the Directions Hearing is anadministrative meeting where the panel arrangements and process can be questioned by residents.The Panel Hearing is where verbal submissions on the amendment themselves are taken and is thepriority for residents.

Motion

That arrangements be made with Planning Panels Victoria for the Panel Hearing (in full or inpart) for the C182 Planning Scheme Amendment to be held in Greater Dandenong, preferablyDandenong, given the high amount of public interest in making verbal submissions alreadyindicated by residents.

Page 23089



MINUTE 1301


That arrangements be made with Planning Panels Victoria for the Panel Hearing (in full or inpart) for the C182 Planning Scheme Amendment to be held in Greater Dandenong, preferablyDandenong, given the high amount of public interest in making verbal submissions alreadyindicated by residents.

CARRIED

Page 23090



3.1 Notice of Motion No. 88 - Panel Hearing - C182 Planning Scheme Amendment (Cont.)

3.2 Notice of Motion No. 89 - Senior Citizens Clubs and Community Buses

Cr Maria SampeyAuthor:

Preamble

It is unfair and unreasonable that any senior resident cannot go to the Senior Citizen’s club of theirchoice in their municipality with the group they feel at home with.

Similarly I have had reports from senior residents that there are not enough senior citizen buses inthe municipality and that some clubs of similar size have access to more buses than others.

Motion

That the following be considered as part of the upcoming 2016-17 draft budget discussionsin April and that costings be prepared for each in preparation for those discussions:

abolishing the radial zone boundary within Greater Dandenong for senior residentpassenger pickups; and

1.

thematter of shortage of senior citizen buses and the costing options of extra busesto address that shortage.

2.

MINUTE 1302

Moved by: Cr Maria SampeySeconded by: Cr Matthew Kirwan

That the following be considered as part of the upcoming 2016-17 draft budget discussionsin April and that costings be prepared for each in preparation for those discussions:

abolishing the radial zone boundary within Greater Dandenong for senior residentpassenger pickups; and

1.

the matter of shortage of senior citizen buses and the costing options of extrabuses to address that shortage.

2.

CARRIED

Page 23091



4 REPORTSFROMCOUNCILLORS/DELEGATESANDCOUNCILLORS'QUESTIONS

CommentCr Jim Memeti

Last week, I attended a regional manufacturing showcase hosted by the Committee for Dandenong(C4D) in Queens Hall at Parliament House in Melbourne City. The Chairman of the Committee claimedthat if Dandenong adds 10,000 new manufacturing jobs to Melbourne’s South East, it means thisregion will become Australia’s largest manufacturing zone.

The manufacturing industry in Dandenong includes companies such as Iveco Trucks Australia Ltd;Jayco Corporation Pty Ltd who build caravans; Volgren Australia Pty Ltd who build buses; NissanAustralia who manufacture car components and Bombardier who build trains.

Cr Angela Long and Cr Matthew Kirwan left the Chamber at 9.05pm.

The presence of Members of Parliament for the State Government and the Opposition, the localmanufacturers and businesses of Dandenong to support the launch of the Committee for Dandenong’sthree-year strategic agenda was fantastic.

I look forward to ‘The Smart Manufacturing 2016 – Dandenong and South East Melbourne on Show’event at Lonsdale Street, Dandenong on Tuesday 17 May 2016. Manufacturing produces 50 percentof Greater Dandenong’s total output so I encourage everyone to attend and support the manufacturingsector in Dandenong and its contributions to our City. Bordered by the Dandenong Bypass, Eastlinkand the Monash Freeway, we are in the heart of the South East manufacturing industry which providesjob opportunities for the local community. I was very proud to be present at the event to witness thegreat work that the Committee for Dandenong (C4D) is doing.

On Monday 21 March 2016, I attended the announcement by The Hon. Martin Pakula MP, of the$650,000 Community Sports Infrastructure Fund grant from the State Government in addition to theFederal Government funding of $4.75million towards Tatterson Park in Keysborough. The funds willgo towards upgrading change rooms, a function room, community meeting rooms and the grandstand.The premier league, soccer and football are amongst the reserve’s users. The project is close to$10million.

Cr Angela Long and Cr Matthew Kirwan returned to the Chamber at 9.07pm.

Page 23092



On Tuesday 29 March 2016, I attended the announcement of $100,000 by Gabrielle Williams MP,Member for Dandenong, towards the Robert Booth Baseball Pavilion in Dandenong. Even thoughbaseball is a sport that is not heard of much, I am happy to say that we have so many different sportsin the City of Greater Dandenong. I am sure the baseball community is made up of not only peoplefrom our City but people from other municipalities who come to play baseball in Greater Dandenongbecause there are not a lot of teams around. The redevelopment of Robert Booth Reserve will providechange rooms, a multipurpose room, first aid room and kitchen to name a few. People from all ofVictoria will be able to see the redevelopment of the Pavilion.

QuestionCr Jim Memeti

The speed limit along KirkhamRoad in Dandenong South, from the Dandenong Bypass to CheltenhamRoad is currently 60 km/h but some residents have suggested to reduce the speed limit to 50 km/h.Council has had some work done on Kirkham Road at the corner of Hammond and Kirkham Roadsand I think the residents’ suggestion has a lot of merit. Can Council look into that please?

ResponseJulie Reid, Director Engineering Services

I will take this question on notice.

QuestionCr Loi Truong

Is it possible to have the opening hours of the public toilets displayed outside the facilities where theyare clearly visible to the public please?



CommentCr Sean O’Reilly

I have been to a few events at the Springvale Temple precinct which has the Bright Moon BuddhistTemple and the Quang Minh Vietnamese Temple in Springvale where a number of gatherings havetaken place at this time of year. It is great to see people come from far and wide to celebrate theirreligion and faith in Springvale.

Page 23093



4 REPORTS FROM COUNCILLORS/DELEGATES AND COUNCILLORS' QUESTIONS (Cont.)

QuestionCr Sean O’Reilly

I would like to ask Kevin Van Boxtel, Acting Group Manager Greater Dandenong Business a questionpertaining to the Public Consultation for the Springvale Laneway Revitalisation Project which tookplace about a fortnight ago. It has been quite noticeable that things in Springvale such as traffic andparking issues are changing for the better quite rapidly as well as increased usage of car parks bycustomers. After speaking with the traders in the area, the non-usage of parking at Warwick Avenuedue to the prices of parking meters and traffic congestion have been replaced bymore people shoppingin Springvale resulting in resurgence of trade. There is a renewal process happening and the startof Council’s ‘Springvale Laneway Revitalisation Project’. If the foot traffic, parking and road traffic areright, it is good preparation for the Springvale Boulevard Upgrade project. Although some peoplemay not agree with the name Springvale Boulevard, in time they will because it will be a boulevard.With the Laneway Project, Springvale will continue to be a growing multicultural community andsupported by the $35 million-dollar Springvale Civic Precinct Project, planned to be delivered by 2020.Can I please hear the view of Kevin Van Boxtel, Acting Group Manager Greater Dandenong Businesson how this particular project will unfold and how it leads into other great things for Springvale?

Cr Matthew Kirwan left the Chamber at 9.10pm.

ResponseKevin Van Boxtel, Acting Group Manager Greater Dandenong Business

Council has commenced the following two fairly substantial projects in Springvale:

The first project is the Springvale Laneway Revitalisation Project which involves the Post Office Lane,another laneway that is currently closed to the public and 248 Springvale Road. Council has runseven focus groups with different sections of the community and they were all very well attended.The feedback which has been received from the seven focus groups is currently being consideredby the Consultants, ASPECT Studios who are developing a concept for the Post Office Lane inparticular. Council will proceed to design and construction early in the new financial year subject toa Budget decision of Council.

The second project that Council is currently working on, is the Springvale Boulevard Upgrade whichinvolves Springvale Road between St James Avenue and Virginia Street at the northern end ofSpringvale. The consultation process for that has just commenced. It is intended that consultationwill then lead to a design briefing of the Springvale Boulevard Project for consultants (in a similar wayto the process undertaken for the Afghan Bazaar precinct in Central Dandenong), in the new financialyear, pending a decision of Council in respect to the Annual Budget.

Page 23094




Council is excited about the two projects because they will reinforce Springvale to be an excitingactivity centre for residents to visit and also to see more people living in and around the centre. Thatis evident by one of the apartment buildings which is currently being constructed in Warwick Avenue,Springvale. Council will be looking at the Warwick Avenue precinct and will be consulting further withthe community and Council in the new financial year.


CommentCr Roz Blades AM

Councillor O'Reilly must have been talking to different traders than I have been talking to in relationto parking meters and other aspects.

The Public Transport Users Association (PTUA) is hosting a Community Forum with a Questions andAnswers workshop at the Paddy O'Donoghue Centre, Buckley Street, Noble Park on Tuesday 5 April2016 at 6pm. Dr John Stone and Ian Woodcock leading academics in researching urban design andtransport legislation will be presenting at the Forum. The Forum has been posted on Facebook andI have advised people via email so I encourage everyone to attend.

As Council’s representative for the Municipal Association of Victoria (MAV) Multicultural Committee,I am pleased to advise that the Multicultural Conference for the Municipal Association of Victoria(MAV) this year will be held in Greater Dandenong. I think it is a real achievement and it is anopportunity to show Dandenong’s multiculturalism as only Dandenong can do. Sharon Sykes,Coordinator Community Planning, Community Services Department and I are on the planning groupwhich meets this week.

QuestionCr Roz Blades AM

In relation to Gell Court, Noble Park, some residents are requesting to have ‘Local Traffic Only’ signsand speed humps. Can Julie Reid, Director Engineering Services please investigate the speed limit?It is not a very big road but there might be something Council can do to assist the residents.


I will investigate that and report back to Cr Blades.

Page 23095





Who is responsible for cleaning up the rubbish in Mile Creek, Noble Park? It is certainly not Council’sresponsibility but Councillors keep receiving enquiries and phone calls about the fact that Mile Creekis in a dreadful state. I understand it is Melbourne Water’s responsibility but can Council do somekind of advocacy? It was suggested to one of the officers in an email today that Council should cleanit up and send the invoice to Melbourne Water which is what happens to ratepayers who do not mowtheir lawns even though it is a slightly different situation.


Engineering Services have already reported the issue to MelbourneWater and it has been the subjectof a couple of enquiries from Councillors. Engineering Services have done what they can in terms ofadvocacy at this point and will certainly follow up with Melbourne Water again to find out the statusof the request. Engineering Services are happy to work with Melbourne Water to ensure the rubbishin Mile Creek, Noble Park is cleaned up.


Will a letter from the Mayor to Melbourne Water or to the relevant minister be helpful?


Engineering Services informed Melbourne Water recently when the matter surfaced. Myrecommendation would be to defer the letter at this point and if there is not much cooperation fromMelbourne Water then Engineering Services will certainly recommend a letter from the Mayor asCouncillor Blades suggested.

CommentCr Peter Brown

I had a meeting with a community group this afternoon in relation to the Maternal and Child HeathToy Library in Dandenong, virtually at the eleventh hour which really was too late given Council'sdecision earlier this evening. Community groups want access to the building for their organisationsat least in the short term. I am pleased that a decision has not been made at this stage to demolishthe building at 18 Stuart Street, Dandenong because that could be used as a venue for this particularcommunity group and I understand there may be other groups who will also be interested.

Page 23096




It was very clear by the resolution of Council that overwhelmingly, with the exception of myself whodid not vote against it, that the Councillors were keen to see these buildings vacated and to clear theway so to speak. The building at 18 Stuart Street in Dandenong represents an opportunity for acommunity group. It is a habitable house and I understand there is significant asbestos in it whichis characteristic of dwellings of that time. Whether or not it is suitable for the community group that Ispoke with this afternoon, I still see the opportunity for emergency housing or something similar. Itis a perfectly habitable house and it was lived in until late last year and I still see the opportunity forsomeone benefiting from that building rather than just knocking it down. I know in the medium termthat the whole site is going to be subject of a substantial redevelopment but when there are peoplescreaming out for space and people calling out for accommodation when they are homeless, I amnot comfortable about knocking down habitable dwellings that Council owns.

QuestionCr Maria Sampey

What happens to the senior citizens who are transported to the various clubs by bus when theybecome more frail and they cannot board the bus themselves and need assistance? I have beenadvised that they need a jockey in the bus. Does Council have a jockey in the bus to assist the elderlyas they become more frail?

Cr Roz Blades AM left the Meeting at 9.20pm.

ResponseMark Doubleday, Director Community Services

There are some transport services that Council provides for those who have been assessed as inneed of assistance. They usually attend what are called Planned Activity Groups (PAG) where thoseparticular commuters if I can refer to them as those, are assessed as in need of assistance to enterand exit the bus to be able to travel to the Planned Activity Groups. They are usually clients of theservice who have some form of dementia and that independent travel on the bus is not possible. Thepriority is to provide a driver obviously and what is referred to as a jockey as an assistant to helpthose residents attend those particular programs. This is based on an assessment process in termsof their needs.


That is with the Planned Activity Groups run by Council but I am talking about various other groupslike Greeks, Italians or Asians or any other groups where they are picked up by a Council bus andwhen they become more frail, they might be in a wheelchair or a walker. What happens then becauseI have been advised that they cannot travel anymore by bus? Do they have to arrange their owntransport and travel by taxi because Council does not provide a jockey to assist them on the bus. Isthis correct?

Page 23097





The priority for the transport service with a jockey is for the Planned Activity Groups who are clientsof the Aged Care services, who require assistance to be able to attend those programs. There areother uses of the transport service by senior citizens clubs or committees and there are requirementsof that. It is referred to as a general transport so they are able to attend socialisation opportunities.There are no jockeys provided in all circumstances. I do not have the exact details but in generalthey are referred to as a general transport. Council provides a service for those for as long as theycan participate in that, at the discretion of the clubs, as the current circumstances are, they are eligibleto travel on a bus. When clients who use the service progress to a higher degree of need and areassessed of being a participant in the Planned Activity Group program, a jockey is thenmade available.

Cr Peter Brown left the Chamber at 9.28pm.


Could I have clarification? For the Noble Park Italian Senior Citizens, does that mean when theybecome more frail, they cannot use the bus and therefore, their President has to get somebody elseto go on the bus to assist them because if not, they will either stay home or travel by taxi? Two yearsago, Council bought a new bus and it was supposed to also look into having a jockey available aspart of its preparation for the aging of the elderly citizens in our City. I feel that Council needs to havea vision with regards to the elderly and provide some assistance in their twilight years so they arestill able to participate instead of being isolated at home once they become too frail. What hashappened to that bus?


My recollection is yes, there was a decision by Council and an additional bus was purchased and aparticular program or utilisation of that bus in relation to the other buses was determined and thathas been put in place. The program was implemented where participants in the Planned ActivityGroups (PAG) program have an increased opportunity and those who have a slightly increaseddegree of mobility challenge have some form of assistance for those programs which require a jockeyand so the program has been extended as a result of the additional bus.

Through Council’s determination, in previous years, the opportunity for social transport was expanded.Councillor Sampey at the time, raised very similar questions and asked about the carriage of whatwas known as walkers and provision was made for that at the time as well.

Page 23098





Is that just for the Planned Activity Group which is run by Council or is it going to help the Mauritiansand various other groups that become more frail? Mark Doubleday, Director Community Serviceskeeps referring to the Planned Activity Group (PAG) which is run by Council in Athol Road, SpringvaleSouth but I am referring to other ethnic groups being assisted as they become more frail. How arethey being assisted if there is no jockey on the bus?


The simplest response I can provide for Councillor Sampey is that I will provide Council with adviceand a briefing on what has occurred since the decisions that Council made. It might be moreappropriate to provide information on the decisions that Council made, what has been enacted andthen an appropriate briefing can be determined by Council.


With regards to steam weeding, what was the outcome? I know that Council conducted a trial but itwas going to come back to a Councillors Briefing Session.


There is a report due to come to Council. I will check with the relevant officers and see when thereport will be presented but I know it has been completed and there has been an analysis undertakenin relation to that. I will let Councillor Sampey know when to expect the Council report.

Cr Peter Brown returned to the Chamber at 9.34pm.

CommentCr Matthew Kirwan

At the last Council meeting, I spoke about the success of this year's Family Sustainability Festivaland I commented on one of the things I thought was great about this Festival. It was not a questionabout its popularity but it was about the quality of the Festival and its educational value.

Page 23099




Since that Council meeting, I have seen a review of the Festival with some statistics and the statisticsare amazing. The Festival had the highest number of activities; highest amount of stalls; the bestoutcome in terms of private financial sponsorship of the three festivals; and it was the best attendedFestival. I did not realise how big the promotional reach was by linking it up to the statewide SustainableLiving Festival which has 2.5million Facebook and Twitter followers. Linking up with a statewide eventwas a great idea by Council and a great outcome for the Dandenong Market because the Festivalattracted 18,000 visitors to the Market this year, which is an increase of 5,000 from 13,000 whoattended last year, not to mention the additional activities which were held in February which werelinked to the Festival. I would ask that Jody Bosman, Director City Planning, Design and Amenityconvey my thanks to the team who put it all together.

OnWednesday 16 March 2016 -Thursday 17 March 2016, I attended the National Local GovernmentEnergy Efficiency and Sustainability Conference in the Melbourne Central Business District (CBD).It was interesting to see what various Councils are doing with the implementing of EnvironmentalUpgrade Agreements (EUAs) in New South Wales businesses, particularly given that the VictorianGovernment has recently passed legislation enabling Victorian Councils to offer these EnvironmentalUpgrade Agreements (EUAs) to local businesses so that they can save on energy and water costs.

What are Environmental Upgrade Agreements (EUAs)? They are aCouncil-based financingmechanismenabling businesses to better access finance for environmental upgrades for existing non-residentialbuildings. Under the Environmental Upgrade Agreements (EUA), a lender provides finance to abuilding owner and the local Council collects repayments through the rates system. The Council thenpasses the property charge onto the lender. Use of Council rates system means EnvironmentalUpgrade Agreements (EUA) loan is prioritised over other debts attached to the land so if there is aloan default, it gives lenders more security allowing them to offer long-term loans at competitiveinterest rates. Environmental Upgrade Agreements also provide a mechanism to address differingincentives between landlords and tenants. Tenants may elect to contribute to the EnvironmentalUpgrade Agreements where they benefit from funded works through reduced utility bills. Victoria'slegislation requires tenants’ consent before this can occur. Without having one of the biggest businesssectors in the state and with this, the opportunity for local businesses to save on energy and watercosts. With the Legislation just recently passed, I hope Council investigates this next year or sobecause it could be a great outcome for Greater Dandenong’s businesses.

On Friday 18 March 2016, I represented the Mayor at the Dandenong High School Harmony Daycelebration. I reflected on the coverage of the Apex Gang by the national media and their focus onthe origins of the gang being Dandenong North rather than the reality that the gang is now throughoutMelbourne. I would like to thank the local media for giving a much more balanced perspective on theissue. To approximately 200 students who were present, I stressed the fact that given thedisadvantaged levels and our City’s multicultural population, Greater Dandenong is still a harmoniousCity. I also encouraged the students not to give into fear when stories like this emerge from the media.

On Saturday 19 March 2016, I attended a tour of the behind the scenes operations of the DandenongMarket, along with other Councillors. It was very illuminating especially in learning how the hugeamount of waste is managed. Later that morning, I spoke about Social Alienation and Radicalisationat a Workshop held at the Walker Street Gallery in Dandenong organised by the Afghan AustraliaInitiative.

Page 23100




On Sunday 20 March 2016, I represented the Mayor at the opening of the Nawroz New Year Festivalat Burden Park, Springvale South. It was another well attended event with a large number of theAfghani community from the City of Casey as well as the City of Greater Dandenong.

On Wednesday 23 March 2016, I attended the moving and huge Memorial Service for Pastor DonCameron.

On Tuesday 29March 2016, I attended a tour of the newHistorical Archive Centre along with CouncillorLong and Councillor O’Reilly. This was followed by a meeting with the Hon. Martin Pakula MP,Councillors and the Council Executive team to discuss school and bus services in the new estatesand the announcement of the successful State Government Female Friendly Facilities grant applicationfor the Robert Booth Baseball Pavilion Re-development with Gabrielle Willliams, MP.

QuestionCr Matthew Kirwan

What is the latest update on the range of options being considered for the grade separation of AbbottsRoad and what is Council’s position?


The Level Crossing Removal Authority (LXRA) is currently coordinating the engagement phase ofthe project which is about listening to the community and industry. This is based on five options listedbelow, being considered to remove the level crossing.

Option 1: lower the rail under roadOption 2: build a road bridge over the rail lineOption 3: build a rail bridge over the roadOption 4: lower the road under the rail lineOption 5: create a new connection between Pound Road West/Remington Drive and closeAbbotts Road.

During July/August 2016, the Level Crossing Removal Authority (LXRA) is expected to share theconsultation summary and develop designs for feasible options with the expected solution to beconfirmed in October/November 2016.

Council has yet to establish its position on a preferred option pending further advice from the LevelCrossing Removal Authority, on fully quantified overall benefits associated with the different optionswhich are anticipated to be available shortly.


At the Greater Dandenong Chamber of Commerce Awards dinner last year, it seemed to me that theidea of giving out awards is nearing its end. Is this the case and if not, what ideas are being consideredand when will the news of any new format likely to be available?

Page 23101





This is not the case. The awards will continue to run beyond 2016. The format of the awards willchange and the Greater Dandenong Chamber of Commerce Executive Committee is in the processof finalising the new look awards program which is expected to be announced in coming weeks.


I have received complaints from residents regarding poor visibility for drivers along Heatherton Roadfrom the Dandenong/Dandenong North direction heading towards Noble Park. It has been difficultfor drivers to see cars backing out of the shopping strip near the corner of Chandler Road andHeatherton Road. A resident claimed there have been 20 accidents over the last five years at thislocation due to the same issue. While the traders have not spoken to me directly, residents advisedthat the traders claim the situation is affecting trade in the area. Can Council liaise with VicRoadsregarding signage or other measures to address this issue?


As outlined in the Councillors Weekly Information Summary of 23 March 2016, Council officers areproposing to alter the parking bays on Heatherton Road to 60 degrees angle parking which shouldaddress the concerns identified. Consultation letters are being distributed to traders this week seekingtheir feedback on the proposal, with a closing date of 15 April 2016. If supported it usually takes 4-6weeks for line marking changes to be implemented. If Councillor Kirwan would like EngineeringServices to respond directly to the residents on this matter, please provide the contact details to JulieReid, Director Engineering Services to follow up.


With reference to an item in the Agenda tonight, Item 2.5.1 – Clow Street Former Civic Centre and18 Stuart Street, Dandenong, when is new signage expected on or around the new Civic Centrebuilding to reflect all of the community organisations and volunteer groups based there? At themoment visitors could be mistaken in thinking that the Southern Migrant Refugee Centre is the onlytenant.


It is intended that ‘way finding’ and internal signage be included in the former Civic Centre buildingidentifying agencies which are in the building. This has not been implemented as yet as final plansfor the relocation of agencies is still underway and it is more efficient to complete this when all agenciesare located in the building.

Page 23102





Will external ‘way finding’ signage be included in this installation?


I did say internal signage but with external ‘way finding’ signage, I will take that question on noticeand report back to Councillors.


At the Council meeting on 15 March 2016, I asked for an update on the progress and implementationof the Language and Communications Framework Action Plan approved by Council on Monday 28September 2015; and also when the framework and Action Plan would be put on Council’s website.Following the meeting, I received an update that progress has been made in the implementation ofthe Language and Communications Framework Action Plan specifically: that the profiles of the toplanguages spoken are in preparation; that progress has been made with the evaluation of onlinetranslation tools; and that development of a language services toolkit is also underway which includesthe review of criteria to guide translation and publication summaries.

My follow-up questions are:

a. When is the toolkit expected to be completed?b. When will the Framework and the Action Plan be on Council’s website?c. In terms of other actions marked “Immediate” in the Plan, what progress has been made with

them, specifically:

(i) Establishing a central coordination point for language services within Council to monitor theprovision of language services, implement best practice, support staff and continuously improvinglanguage services?(ii) Establishing a language services register to monitor issues and effectiveness in regardsto interpretation and translation?(iii) Communicating in plain and simple English in accordance with Council’s Style Guide?


a) I will take this question on notice and report back to Council as to when the toolkit is expectedto be completed although I know that work is underway on this.

b) It is expected that Framework and Action Plan will be placed on Council’s website in early Aprilthis year.

c)(i) There is a steering group of relevant business units that meets to monitor development ofthe Framework and coordinate actions arising.

Page 23103




(ii) A language services register is being prepared through the Steering Group which will becommunicated across Council areas.(iii) The Council Style Guide requires the use of plain English and removal of ‘governmentspeak’ and translation of jargon into simple terms. There is every effort made to implement theintentions of the Style Guide however, it is acknowledged that Council can always seek toimprove further.


How is the communication of the Plan expected to progress using Council’s style guide?


As previously stated, the Council Style Guide requires the use of plain English and removal of‘government speak’ and translation of jargon into simple terms. There is every effort made to implementthe intentions of the Style Guide however, it is acknowledged that Council can always seek to improvefurther.


This final substantive question is without notice. The Cities of Monash, Moreland and Whittlesea areall key participants in the 2014 Enough Pokies campaign and like the City of Greater Dandenong,are looking at working closer with the Alliance for Gambling Reform to campaign more strongly onthe issue of gambling reform. Is Council exploring the same enhanced opportunities?



CommentCr Angela Long

These are some of the events that I have attended since my last formal meeting:

On Wednesday 16 March 2016, I attended the Harmony Festival as part of The Cultural DiversityWeek Celebrations.

On Thursday 17 March 2016, I attended The Staff Memorial Day at the Dandenong Civic Centre.

On Friday 18March 2016, I attended a bus tour of the Bass Coast organised through the Inter CouncilAboriginal Consultative Committee (ICACC). Even though the weather was dreadful and we had toskip a couple of sites as we could not access some of the roads, everyone who attended had a greattime.

Page 23104




On Saturday 19 March 2016, I attended the Women’s Cricket Grand Final between Box Hill andMelbourne at Shepley Oval, Dandenong. The Box Hill team has won three years in a row.

On Sunday 20 March 2016, I attended the Noble Park RSL. Annual General Meeting.

On Tuesday 22March 2016, I attended the Dandenong Jayco Rangers Basketball Presentation Nightwhere Council was presented with a trophy for its outstanding support for the Dandenong BasketballAssociation.

On Thursday 24 March 2016, I attended the Napoli Family Club’s 26th Birthday Celebrations. Thatnight I attended the Sandown Greyhounds Chairman’s Dinner.

Cr Long tabled a trophy from Dandenong Basketball Association in recognition of the City ofGreater Dandenong’s support.

CommentCr Heang Tak, Mayor

I would like to table the events I attended in the last fortnight for Council.

Wednesday, 16 March 2016

Visit to Nissan Casting Site, Frankston-Dandenong Road, DandenongHarmony Festival, Harmony Square, Dandenong –Step into Our World, Harmony Square(organised by the Springvale Neighbourhood House in partnership with Council, Victoria Police,South East Community Links, Southern Migrant and Refuge Centre, Monash Health andAustralian Government Department of Human Services)

Thursday, 17 March 2016

City of Greater Dandenong Staff Memorial Day, Dandenong Civic CentreA Taste of Harmony (CGD Cultural Diversity Week celebration), Dandenong Civic CentreDinner Under the Stars hosted by Wallara, Potter Street, Dandenong

Friday, 18 March 2016

St Anthony’s Primary School 60th Anniversary and Harmony Day celebrations, Buckley Street,Noble ParkVisit from City of Greater Geelong Councillors and OfficersDandenong West Community Festival, Birdwood Avenue, Dandenong

Saturday, 19 March 2016

Councillors’ Tour of Dandenong MarketSpringvale Laneway Projects Site Visit for CouncillorsTwilight Fun Run and Cinema Under the Stars, Tirhatuan Park, Dandenong North

Page 23105




Monday, 21 March 2016

Councillor Briefing Session, Dandenong Civic Centre

Thursday, 24 March 2016

South East Melbourne Chief Executive Officers and Mayors’ Meeting, Dandenong Civic CentreSpringvale Masterplan Implementation Group Meeting, Dandenong Civic Centre

Sunday, 27 March 2016

Blessing Ceremony to celebrate Guan Yin’s Commemorate Date and the 35th Anniversary ofthe establishment of the Bright Moon Temple, SpringvaleChin Lien Chinese Association Vic 11th Inaugural Committee and Guan Yin Bodhisattva birthdaycelebration, Maxim Restaurant, Springvale

Monday, 29 March 2016

Councillors Briefing Session and Council Meeting, Dandenong Civic Centre

John Bennie PSM, Chief Executive Officer tabled a listing of responses to questions taken onnotice at the previous Council meeting. A copy of the responses is provided as an attachment.

Page 23106




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Page 23107




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Page 23108




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isa

ble

d p

eo

ple

w

ho a

re u

sin

g B

loom

fie

ld R

oa

d a

nd

K

ing

scle

re A

ve

nu

e,

Ke

ysb

oro

ug

h r

ath

er

than

Co

un

cil

footp

ath

s c

reatin

g a

ris

k to

th

em

se

lve

s a

nd

to o

ther

traff

ic. I d

o n

ot

kn

ow

how

fre

qu

en

t th

e a

ctivitie

s a

re

how

eve

r, a

long

-te

rm r

esid

en

t is

co

nce

rne

d in p

art

icu

lar

for

the s

afe

ty o

f b

oth

th

e d

rive

r a

nd

th

e d

isa

ble

d p

ers

on.

firs

tly t

he issu

e o

f re

sid

en

ts u

sin

g t

heir

wh

ee

lch

airs o

n C

oun

cil

road

s r

ath

er

than

fo

otp

ath

s w

ill b

e r

efe

rre

d t

o t

he

Ro

ad

safe

ty c

om

mitte

e w

hic

h is

att

end

ed b

y c

oun

cil

off

ice

rs,

vic

road

s

and

Vic

toria p

olic

e

Se

con

dly

an in

spe

ction

will

be

co

nd

ucte

d o

n th

e fo

otp

ath

s w

ith

in t

his

a

rea

to

en

sure

th

at th

ey m

eet C

oun

cil

inte

rve

ntio

n le

ve

ls a

nd

are

no

t a

co

ntr

ibuting

fa

cto

r fo

r re

sid

en

ts w

ith

d

isa

bili

tie

s u

sin

g th

e r

oad

wa

y

15/0

3/1

6

CQ

T1

2

Cr

Matt

he

w

Kir

wa

n

Tim

efr

am

e s

urr

ou

nd

ing

Co

mm

un

ity

co

nsu

ltati

on

re

gard

ing

a n

ew

park

in

K

eys

bo

rou

gh

R

eg

ard

ing

th

e n

ew

park

on t

he c

orn

er

of W

estw

ood

Bo

ule

va

rd a

nd S

tanle

y

Ro

ad

, K

eysb

oro

ug

h, I am

re

ceiv

ing

q

uestio

ns a

s t

o w

hen

it

is e

xp

ecte

d to

b

e c

om

ple

ted a

nd a

lso

wh

en

an

d w

hat

co

mm

unity c

onsu

lta

tion is e

xp

ecte

d o

n

that p

ark

wh

ich

ha

s b

ee

n p

revio

usly

m

oote

d b

eca

use o

f its s

ize

an

d a

lso

b

eca

use

of

its p

riority

in

th

e p

layg

roun

d

str

ate

gy a

s a

majo

r p

ark

.

Dire

cto

r E

ng

ine

erin

g

Se

rvic

es

24/0

3/1

6

In r

espo

nse

to t

hat q

uestio

n I

ca

n

advis

e t

hat th

e p

lan is t

o m

eet w

ith

th

e

Ward

Co

un

cill

ors

aft

er

Ea

ste

r a

nd

h

ave

th

e lim

ite

d c

onsu

ltatio

n

co

mp

lete

d b

y t

he e

nd o

f M

ay 2

01

6.

15/0

3/1

6

CQ

T1

0

Cr

Matt

he

w

Kir

wa

n

Tim

efr

am

e s

urr

ou

nd

ing

tem

po

rary

m

ea

su

res

to

co

mb

at

sp

ee

din

g in

K

eys

bo

rou

gh

In

ad

ditio

n to c

om

me

nts

I h

ave

p

revio

usly

ma

de

at

Co

uncil

abo

ut

sp

ee

din

g in W

estw

ood

Bo

ule

va

rd in

K

eysb

oro

ug

h, I am

re

ceiv

ing

in

cre

asin

g

repo

rts a

bo

ut

sp

ee

din

g in

Ch

urc

h

Ro

ad

, K

eysb

oro

ug

h w

hic

h a

lso

ru

ns

Dire

cto

r E

ng

ine

erin

g

Se

rvic

es

24/0

3/1

6

Tem

pora

ry t

raff

ic c

alm

ing

tre

atm

ents

o

n b

oth

ro

ad

s h

ave

be

en a

dd

ed

to

C

oun

cils

Loca

l A

rea T

raff

ic

Ma

na

ge

me

nt

Pro

gra

m w

hic

h is u

se

d

to e

nsure

th

at fu

nd

ing

is a

llocate

d t

o

locatio

ns w

here

th

e r

oad s

afe

ty r

isk to

the c

om

mu

nity is g

reate

st.

A

t th

is t

ime

, th

e tra

ffic

data

fo

r W

estw

ood

Bo

ule

va

rd is u

p t

o d

ate

.

Page 23109




Rep

ort

s f

rom

Co

uncill

ors

/De

leg

ate

s &

Cou

ncill

ors

’ Q

ue

stio

ns –

Qu

estio

ns T

aken

on

No

tice

4

/ 5

Da

te o

f C

ou

ncil

M

eeti

ng

Qu

es

tio

n

As

ked

By

Su

bje

ct

& S

um

ma

ry o

f Q

ues

tio

n

Re

sp

on

sib

le

Off

icer

Da

te o

f R

esp

on

se

S

um

ma

ry o

f R

esp

on

se

para

llel to

Westw

ood

Bo

ule

va

rd.

It is

a

lso

a m

ajo

r tr

ansp

ort

rou

te e

ast

we

st

acro

ss t

hat

are

a. W

ha

t is

th

e la

test

abo

ut

co

nsid

erin

g tra

ffic

ca

lmin

g

me

asure

s in

both

ro

ad

s?

Ple

ase

note

th

at I a

m r

ece

ivin

g r

eport

s o

f sp

ee

din

g

not

hoo

nin

g.

While

tra

ffic

sp

ee

ds a

re h

igh

er

than

desira

ble

th

e r

oad s

afe

ty r

isk o

n

Westw

ood

Bo

ule

va

rd is lo

we

r th

an

a

num

ber

of

oth

er

locatio

ns w

ith

in

Gre

ate

r D

and

en

ong

. It is

unlik

ely

th

at

any r

oad

safe

ty tre

atm

ents

on

Westw

ood

Bo

ule

va

rd w

ill b

e fu

nd

ed

th

roug

h t

his

pro

gra

m w

ith

in t

he n

ext

few

fin

an

cia

l ye

ars

, a

s t

he

fu

nd

s w

ill

be s

pen

t a

t lo

ca

tion

s w

he

re a

gre

ate

r ro

ad

safe

ty r

isk h

as b

een

ide

ntifie

d.

B

eyo

nd

th

is t

ime p

erio

d, C

oun

cils

tr

aff

ic e

ng

ineers

wo

uld

loo

k a

t g

ath

ering

new

tra

ffic

data

as tra

ffic

sp

ee

ds a

nd

vo

lum

es t

end

to c

hang

e

ove

r tim

e.

Co

un

cil

doe

s n

ot cu

rre

ntly h

ave

up

to

d

ate

tra

ffic

data

for

Ch

urc

h R

oa

d, b

ut

will

be g

ath

ering

data

ove

r th

e n

ext

few

we

eks. O

nce

th

is is r

eceiv

ed,

it

will

be p

ossib

le t

o d

ete

rmin

e h

ow

g

reat th

e r

oad s

afe

ty r

isk is a

t th

is

locatio

n c

om

pare

d to o

the

r lo

catio

ns

acro

ss t

he m

unic

ipalit

y.

15/0

3/1

6

CQ

T4

Cr

Matt

he

w

Kir

wa

n

Up

da

te o

n p

rog

ress a

nd

im

ple

me

nta

tio

n o

f L

an

gu

ag

e a

nd

C

om

mu

nic

ati

on

s F

ram

ew

ork

Ac

tio

n

Pla

n

What p

rog

ress h

as b

ee

n m

ade in

im

ple

me

nting

th

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ng

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unic

atio

ns fra

me

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rk a

ctio

n p

lan

that w

as a

pp

rove

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y C

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ncil

on 2

8

Se

pte

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er

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als

o h

ad

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eq

uest

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e fra

me

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rk a

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action

pla

n b

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reate

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en

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ebsite

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nsid

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ount

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ee

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oun

cill

ors

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rch

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om

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ram

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n

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n a

pp

rove

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y C

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ond

ay

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Page 23110




Rep

ort

s f

rom

Co

uncill

ors

/De

leg

ate

s &

Cou

ncill

ors

’ Q

ue

stio

ns –

Qu

estio

ns T

aken

on

No

tice

5

/ 5

Da

te o

f C

ou

ncil

M

eeti

ng

Qu

es

tio

n

As

ked

By

Su

bje

ct

& S

um

ma

ry o

f Q

ues

tio

n

Re

sp

on

sib

le

Off

icer

Da

te o

f R

esp

on

se

S

um

ma

ry o

f R

esp

on

se

co

uld

not fin

d th

em

on the

we

bsite

.

Pro

file

s o

f th

e to

p la

ng

uag

es s

poke

n

are

in

pre

pa

ratio

n a

nd w

ill b

e

imp

ort

ant to

gu

ide t

arg

ete

d

co

mm

unic

atio

ns a

cro

ss G

reate

r D

and

en

on

g’s

div

ers

e c

om

mu

nitie

s.

Pro

gre

ss h

as b

ee

n m

ade

with

th

e

eva

luatio

n o

f o

nlin

e tra

nsla

tion

to

ols

. T

he d

eve

lopm

ent

of

a la

ng

uag

e

se

rvic

es t

ook k

it is a

lso

un

de

rwa

y

wh

ich

inclu

de

s t

he r

evie

w o

f crite

ria

to

gu

ide tra

nsla

tio

n a

nd

pub

lica

tion

su

mm

arie

s.

A c

ross-d

ire

cto

rate

sta

ff s

teering

g

roup

ha

s b

ee

n fo

rme

d to

wo

rk

co

llabo

rative

ly o

n t

he im

ple

me

nta

tion

of

the A

ctio

n P

lan.

Th

e L

ang

uag

e a

nd C

om

mu

nic

ation

s

Fra

me

wo

rk a

nd A

ctio

n P

lan w

ill b

e o

n

Co

un

cil’

s w

ebsite

ea

rly A

pril 2

01

6.

At

the O

rdin

ary

me

eti

ng

of

Co

un

cil o

n M

on

day,

24

Ma

rch

201

4,

Co

un

cil r

es

olv

ed

to

ch

an

ge t

he w

ay C

ou

ncil

lor

an

d p

ub

lic q

ue

sti

on

s

take

n o

n n

oti

ce a

re a

nsw

ere

d a

nd

re

co

rde

d f

rom

14 A

pri

l 2

01

4 m

eeti

ng

of

Co

un

cil o

nw

ard

s.

Page 23111




5 QUESTION TIME - PUBLIC

QuestionMinwen Wu, Dandenong

Today my question relates to Council’s communication with the community. I believe that bettercoordination, connection and integration among different media (or channels of communication) areneeded to enhance overall community involvement, particularly between printed media and digitalmedia. For example, currently on the website www.oursay.org, there is a community consultation onbudget priorities going on but I could not find any mention of this at all in the March or April editionof Greater Dandenong’s monthly magazine, The City.

Similarly, Council meeting dates are on Council’s website but not on the 2016 Community Calendar.

ResponseMick Jaensch, Director Corporate Services

The question regarding the current Budget consultation taking place on the ‘OurSay’ website notappearing in Council’s The City news is very valid. There are however, reasons as to why this is notthe case. Council resolved to proceed with this consultation at the Council meeting held on 8 February2016, in consideration of the report - Response to Notice of Motion No. 74 – Options for communicatingto and consulting with the community about the impacts and responses to rate capping. The timingtherefore, meant that the consultation missed the deadlines for the February and March editions ofThe City magazine and given the consultation will conclude on 31 March 2016, it was not appropriatecontent for the April edition of The City magazine.

In respect of the second part of the question dealing with Council meetings not being included in theCommunity Calendar, I will take that part of the question on notice.

Page 23112



http://www.oursay.org

6 URGENT BUSINESS

No urgent business was considered.

The meeting closed at 9.55 PM.

Confirmed: / /

________________________

CHAIRPERSON

Page 23113



Ordinary Council Meeting 160329 · 1.5 DISCLOSURESOFINTEREST...

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