Planning & Amenity Committee Agenda...Planning & Amenity Committee Meeting Tuesday, 13 October 2015...

For a meeting of the

Planning & Amenity Committee

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

on

Tuesday, 13 October 2015

Commencing at 7:00pm

Chairperson: Cr Alex del Porto

Councillors: Cr Felicity Frederico (Mayor) Cr Laurence Evans

Cr Michael Heffernan Cr James Long BM JP Cr Bruce Lowe

Cr Heather Stewart

Planning & Amenity Committee Agenda

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Members of the Gallery Your attention is drawn to Section 92 of Council’s Governance Local Law No 1. Section 92 The Chair’s Duties and Discretions In addition to the duties and discretions provided in this Local Law, the Chair - (a) must not accept any motion, question or statement which is derogatory, or defamatory of

any Councillor, member of Council staff, or member of the community;

(b) may demand retraction of any inappropriate statement or unsubstantiated allegation;

(c) must ensure silence is preserved in the public gallery during any meeting;

(d) must call to order any member of the public gallery who approaches the Council or Committee table during the meeting, unless invited by the Chair to do so; and

(e) must call to order any person who is disruptive or unruly during any meeting.

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

Planning & Amenity Committee – Schedule of Meetings

Tuesday 17 November 2015 Monday 7 December 2015

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BAYSIDE CITY COUNCIL

Planning & AMENITY COMMITTEE Meeting Tuesday, 13 OCTOBER 2015

Planning & Amenity Committee Meeting

Planning & Amenity Committee Charter To deal with all matters relating to consideration of statutory planning, tree removal applications, traffic and parking matters.

This Committee has the full delegated authority of Council to finally determine upon planning applications.

Membership of the Committee All Councillors

Index

1. Apologies

2. Declarations of Interest

3. Confirmation of the minutes of the Planning & Amenity Committee held on 8 September 2015.

4. Matters for Decision

4.1 212 BAY STREET, BRIGHTON

NOTICE OF DECISION TO GRANT AN AMENDED PERMIT

APPLICATION NO: 2001/7183/2 WARD: NORTHERN

6

4.2 212 BAY STREET, BRIGHTON

NOTICE OF DECISION TO GRANT A PERMIT


14

4.3 1/393 BAY ROAD, CHELTENHAM


APPLICATION NO: 2015/178/1 WARD: CENTRAL

24

4.4 88 BAY ROAD, SANDRINGHAM


APPLICATION NO: 2015/236/1 WARD: SOUTHERN

48

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PLANNING & AMENITY COMMITTEE MEETING TUESDAY, 13 OCTOBER 2015

4.5 386 HAMPTON STREET, HAMPTON



74

4.6 34 DENDY STREET, BRIGHTON



89

4.7 24-30 ESPLANADE, BRIGHTON



108

4.8 9 MARY STREET, BEAUMARIS


APPLICATION NO: 2015/35/1 WARD: SOUTHERN

133

4.9 33 BLUFF ROAD, BLACK ROCK


APPLICATION NO:2015/17/1 WARD: SOUTHERN

154

4.10 687 HAMPTON STREET, BRIGHTON



164

4.11 1/23 SOUTH ROAD, BRIGHTON



182

4.12 762 HAWTHORN ROAD, BRIGHTON EAST

SUPPORT - SECTION 87A AMENDMENT

APPLICATION NO:2010/726/2 WARD: NORTHERN

193

4.13 32 FLORENCE STREET, BRIGHTON EAST

PLANNING PERMIT

APPLICATION NO:2014/827/1 WARD: NORTHERN

205

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PLANNING & AMENITY COMMITTEE MEETING TUESDAY, 13 OCTOBER 2015

4.14 6/427-455 HAMPTON STREET, HAMPTON

SECONDARY CONSENT - APPROVE


223

4.15 4 DUDLEY STREET, BRIGHTON

SECONDARY CONSENT - APPROVE


227

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4.1

212 Bay Street, Brighton Notice of Decision to Grant an Amended Permit Application No: 2001/7183/2 Ward: Northern

City Strategy - Statutory Planning

File No: 2001/7183/2

APPLICATION DETAILS

Land/Address: 212 Bay Street, Brighton

Application is for: Amendment to permit issued to allow variation of the hours of operation of an existing restaurant, an increase in the number of patrons to 120 and the waiving of parking requirements

Melway Reference: 67/F9

Ward: Northern Ward

Application Number: 2001/7183/2

Applicant's/Owner's Name: J. Sherren

Date Received: 8 September 2015

Statutory Days Expiry: 8 November 2015

Zoning: Commercial 1 Zone (C1Z)

Overlays: Design and Development Overlay – Schedule 10 (DDO10)

Special Building Overlay (SBO)

Under what clause(s) is a permit required? Clause 52.06 (Car parking)

Restrictive covenants on the title? No

Current use and development: Restaurant (The Deck Bar)

Objections: Four

PROPOSITION

It is recommended that a Notice of Decision to Grant an Amended Permit be issued subject to conditions as set out in the recommendation.

BACKGROUND

This application was presented to the Planning and Amenity Committee on 11 August 2015, where the Committee resolved to defer deciding the application to a meeting at a later date in order to obtain legal advice clarifying the validity of the existing planning permit.

Advice has been sought from Council’s lawyers which indicate that the 2001/7183/1 planning permit remains valid, however due to the change in the zoning of the land, a permit is no longer required to use the land as a restaurant.

The applicant subsequently amended the application to request the deletion of Conditions 1, 3, 4, 5, 7, 10, 11, 12, 13 and 14. The conditions relate to hours of operation, noise, collection of bottles and garbage, patron behaviour and general impact on amenity of the area.

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PROPOSAL

The permit was initially issued by the Victorian Civil and Administrative Tribunal (VCAT) to allow variation of the hours of operation of an existing restaurant, an increase in the number of patrons to 120 and the waiving of parking requirements.

The application the subject of this report proposes to delete Conditions 1, 3, 4, 5, 7, 10, 11, 12, 13 and 14 of the permit as they are no longer relevant to the use because of the change in the zoning of the land.

SUBJECT SITE & LOCALITY

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

The site has a total area of 682 square metres and currently contains a restaurant and a personal training studio at the rear.

The main site/locality characteristics are:

To the west is 28 Outer Crescent which is vacant. Planning permit 2014/761/1 was issued on 22 June 2015 for the construction of a double storey dwelling;

To the east is 214 Bay Street and contains offices backing onto Outer Crescent;

To the south are single and double storey dwellings at the corner of Outer Crescent and Anne Crescent; and

To the north is 215 Bay Street, which consists of various shops.

PERMIT/SITE HISTORY

Title and Covenants The applicant has submitted a copy of title for the site, issued by the titles office on 27 March 2015. The title is not subject to any covenants or restrictions.

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

App. No. Proposal Determination Date

3772 Billiard parlour VCAT 25 May 1992

4234 Amusement machines VCAT 27 April 1994

4395 Liquor licence area for the billiard saloon

VCAT 29 March 1995

95/1685 Extension to licensed area and use of the premises for line dancing

Council 10 January 1996

98/3533 Change of use to a licensed family restaurant

Council 5 May 1998

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PUBLIC NOTIFICATION

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

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

Placing a sign on site (fronting Bay Street)

The notification has been carried out correctly and Council received four objections. The key issues raised in objections are:

Noise

Patron behaviour

Locality Plan

Legend

Subject Site

Objector

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CONSULTATION

A consultation meeting was not held.

REFERRALS

There is no requirement under the Act or the Planning Scheme to refer this application to any external authorities pursuant to Section 55 of the Act.

ASSESSMENT

State Planning Policy Framework

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

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

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

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

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

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

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

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

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

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

Contributes positively to local urban character and sense of place;

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

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

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

Minimises detrimental impact on neighbouring properties.

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

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

Local Planning Policy Framework

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

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

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

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

Zone

Clause 34.01 Commercial 1 Zone – The policy seeks to create vibrant mixed use commercial centres for retail, office, business, entertainment and community uses and to provide for residential uses at densities complementary to the role and scale of the commercial centre.

A planning permit is not required to use the land as a restaurant pursuant to Clause 34.01-1.

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Overlays

Clause 44.05 Special Building Overlay – Aims to identify land in urban areas liable to inundation by overland flows from the urban drainage system as determined by, or in consultation with, the floodplain management authority.

A planning permit is not required to use the land as a restaurant pursuant to Clause 44.05. There are no buildings and works proposed and therefore a planning permit is not required pursuant to Clause 44.05-1.

Particular Provisions

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

A permit is required to reduce the number of car spaces to zero pursuant to Clause 52.06.

General Provisions

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

SUMMARY OF KEY ISSUES

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

Deletion of Conditions

Legal advice obtained by Council confirms that the 2001/7183 planning permit is still valid, namely Conditions 2, 6, 8 and 9. However, Conditions 1, 3, 4, 5, 7, 10, 11, 12, 13 and 14 of the permit are no longer relevant to the use. The reasons which are outlined below.

The site is located within a Commercial 1 Zone (C1Z), which replaced the original Business 2 Zone (B2Z) of the land. Under the C1Z, a planning permit is not required to use the land for a restaurant, whereas under the B2Z a planning permit was required for the use. This means the restaurant use occurring on the land no longer needs to rely on the 2001/7183 permit in order to operate. Accordingly, Conditions 1, 3, 4, 5, 7, 10, 11, 12, 13 and 14 of the permit are no longer relevant to the use.

The restaurant use will still need to comply with Clause 34.01-2, which requires that “a use must not detrimentally affect the amenity of the neighbourhood, including through the:

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

Appearance of any building, works or materials.

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

These general amenity requirements ensure that the restaurant use complies with the relevant EPA regulations relating to the emission of noise, any conditions on the relevant liquor licence applying to the land and any conditions on the planning permit relating to the sale of liquor.

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Under the current planning scheme provisions, a planning permit is only required pursuant to Clause 52.06 (Car parking) to waive the required car spaces associated with the use of the land as a restaurant. Therefore, Conditions 2, 6, 8 and 9 reasonably relate to the permission to waive car parking and are still valid. The conditions generally control the maximum number of seats in the restaurant, informing patrons of parking availability and permit expiry.

Accordingly, the deletion of Conditions 1, 3, 4, 5, 7, 10, 11, 12, 13 and 14 is considered appropriate.

Matters Raised by Objectors

Noise

As noted earlier, matters of noise associated with the use of the premises are controlled by the relevant EPA regulations. Any existing noise concerns would be enforced by the EPA.

Patron behaviour

The existing conditions of the liquor licence are suitable to require the applicant operate in an appropriate manner. Any issues that may exist or arise in regard to this matter will be enforced by the Victorian Commission for Gambling and Liquor Regulation (VCGLR).

CONCLUSION

The restaurant use occurring on the land no longer needs to rely on the 2001/7183 permit in order to operate. Accordingly, Conditions 1, 3, 4, 5, 7, 10, 11, 12, 13 and 14 of the permit are no longer relevant to the use. Deletion of the conditions is appropriate.

RECOMMENDATION

That Council having caused notice of Planning Application No. 2001/7183/2 to be given under Section 52 of the Planning and Environment Act 1987 and having considered all the matters required under Section 60 of the Planning and Environment Act 1987 decides to Issue a Notice of Decision to Grant a Permit under the provisions of the Bayside Planning Scheme in respect of the land known and described as 212 Bay Street, Brighton for the Variation of the hours of operation of an existing restaurant, an increase in the number of patrons to 120 and the waiving of parking requirements in accordance with the application dated 8 September 2015, subject to the following conditions, including the specified conditions set out in the Council’s “Town Planning Standard Conditions” adopted by the Council on 28 November 2006:-

1. Deleted.

2. The maximum number of seats located in the restaurant/café must not exceed 120.

3. Deleted.

4. Deleted.

5. Deleted.

6. As long as the arrangement between the Brighton Tyres Service Station remains in place the operator of the premises shall display a sign informing patrons of the availability of parking on the tyre services site after 5:00pm.

7. Deleted.

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

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9. This permit will expire if one of the following circumstances applies:

The development and use are not started within two years of the date of this permit.

The development is not completed within four years of the date of this permit.

The Responsible Authority may extend the periods referred to if a request is made in writing before the permit expires or within three months afterwards.

10. Deleted.

11. Deleted.

12. Deleted.

13. Deleted.

14. Deleted.

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4.2

212 Bay Street, Brighton Notice of Decision to Grant a Permit Application No: 2014/322/1 Ward: Northern


File No: 2014/322/1

APPLICATION DETAILS

Land/Address: 212 Bay Street, Brighton

Application is for: Use of the site for a restricted recreation facility (health and wellbeing/personal training), car parking to Council’s satisfaction and a waiver of bicycle parking in accordance with Clause 52.34 of the Bayside Planning Scheme


Ward: Northern Ward


Applicant's/Owner's Name: Total Reformation Health and Wellbeing

Date Received: 14 November 2014

Statutory Days Expiry: 13 January 2015


Overlays: Design and Development Overlay Schedule 10 (DDO10)

Special Building Overlay (SBO)

Under what clause(s) is a permit required? 34.01-1 (C1Z)

Restrictive covenants on the title? None

Current use and development: Restricted Recreation Facility

Objections: Three (3)

PROPOSITION

It is recommended that a Notice of Decision to Grant a Permit be issued subject to conditions as set out in the recommendation.

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PROPOSAL

The applicant seeks approval to use the site for a restricted recreation facility (Health and wellbeing) and provide car parking to Council’s satisfaction.

The use consists of the following:

Maximum at any time 10 patrons (average patronage at any one time 1 – 6 people). The tenant sees patrons by appointment only.

Maximum number of staff 5

Hours of operation:

6:00am – 7:30pm Monday to Friday

8:00am – 5:00pm Saturday

The restricted recreation facility will be a small holistic health and wellbeing business that offers natural health solutions akin to a contemporary personal training studio.

The site fronts Bay Street and is occupied by a restaurant which operates under Planning Permit 2001/7183. The rear of the site is used for storage for the restaurant but has recently been tenanted by the personal training studio, making this application retrospective. The rear of the site faces Outer Crescent and all access is via Outer Crescent.


The site has a total area of 682 square metres and currently contains a restaurant and personal training studio at the rear. The personal training area is approximately 80m².

The main locality characteristics are:

To the west is 28 Outer Crescent which is vacant and a Planning Permit (2014/764/1) has recently been issued for a double storey dwelling at this address;

To the east is 214 Bay Street which contains offices backing onto Outer Crescent;

To the south are single and double storey dwellings at the corner of Outer Crescent and Anne Crescent; and

To the north is the restaurant located on the same parcel of land being 212 Bay Street.

PERMIT/SITE HISTORY

Title and Covenants

The applicant has submitted a copy of title for the site, issued by the titles office on 5 November 2014. The title is not subject to any covenants or restrictions.

Background

Planning Permit 2001/7183 was issued on 19 December 2002 allowing the variation of the hours of operation of the existing restaurant, an increase in patron numbers to 120 and the waiving of parking requirements.

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PUBLIC NOTIFICATION

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

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

Placing a sign on site facing Outer Crescent

The notification has been carried out correctly. Council has received three objections to date.

The key issues that were raised in the objections are:

Increased parking congestion;

Additional garbage collection;

Visually obtrusive; and

Primarily a residential area.

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Locality Plan

Legend

Subject Site

Objector

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CONSULTATION

The applicant declined an invitation to a consultation meeting but provided a written response to the objections outlined as below:

Whilst the proposed use will face Outer Crescent, the site is located in a Commercial Zone and not a residential zone. Some sites that front Bay Street back onto Outer Crescent. The rears of these properties are zoned either commercial, mixed use or residential.

The use complies with all OH&S requirements.

The site has previously been used as a pool hall and children’s play centre. Both of which would generate greater patronage than a personal training studio.

The use is not a gymnasium, there are no memberships and people attend by appointment only. On any day, 15 – 35 clients will access the site.

Any rubbish bins left unattended are not related to the proposed use.

The signage is attractive and appropriate and is barely visible from objector’s properties.

REFERRALS

The application was referred to Council’s Traffic Engineers who objected to the proposal and stated they could only support the application with a condition limiting numbers to a maximum of one staff member and three clients.

ASSESSMENT










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



Zone


Pursuant to Clause 34.01- 1, a planning permit is required to operate a restricted recreation facility.

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Overlays

Clause 43.02 Design and Development Overlay Schedule 10 – To ensure that the height of new development is compatible with the preferred future role and character of the Bay Street Major Activity Centre. To develop the centre in a way that conserves and enhances its valued urban character and heritage places. To ensure that new development contributes to safe and active streets. To maintain a strong landscape character with residential buildings set within vegetated front gardens and streetscapes in the residential precincts.

A planning permit is not required under this provision.

Clause 44.05 Special Building Overlay – Aims to identify land in urban areas liable to inundation by overland flows from the urban drainage system as determined by, or in consultation with, the floodplain management authority.

No buildings and works are proposed and therefore no permit is required under this provision.


The following particular provisions are relevant to the consideration of this application.

Clause 52.05 Advertising Signage – Seeks to regulate the display of signs and associated structures and to provide for signs that are compatible with the amenity and visual appearance of an area, including the existing or desired future character. The policy seeks to ensure signs do not contribute to excessive visual clutter or visual disorder and to ensure that signs do not cause loss of amenity or adversely affect the natural or built environment or the safety, appearance or efficiency of a road.

A planning permit is not required to display business identification signage provided it is less than 8.0m² in area. Whilst details of signage have not been provided, a site inspection confirms the signage does not exceed 8.0m².


A restricted recreation facility is not a use listed in this clause. As such, Council must be satisfied that the number of spaces provided on site is sufficient.

Clause 52.34 Bicycle Facilities – Aims to provide secure, accessible and convenient bicycle parking spaces and associated shower and change facilities.

A permit is required to waive the two bicycle parking spaces required by Clause 52.34.

General Provisions


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

Use

The site is located within the Bay Street Major Activity Centre and a Commercial 1 Zone where a range of commercial uses is encouraged.

It is proposed to operate the business 6 days a week, at the following times:

Monday to Friday 6.00am to 7.30pm

Saturday 8am to 5pm

The proposed use will be operated by appointment only and will have no more than 10 clients (for group classes) and 5 staff members on-site at any one time. Consultations will run for approximately 45 mins.

The proposed use will not detrimentally impact upon the wider Bay Street Major Activity Centre and is consistent with the objectives of the zone that seek to support economic and social sustainability within the area by providing for a diversity of commercial uses, servicing local needs. It is considered the use of the premises as a personal training studio is consistent with the objectives of the zone, offering nearby residents an indoor recreational use and contributing to the mix of commercial uses in the precinct. The proposed use accords with the objectives of Clause 21.02-3 and will strengthen the core commercial activities in the centre.

The site is effectively a ‘transition’ site which whilst being zoned commercial has a frontage to a residential area. The main areas of concern are related to parking, signage, hours, noise and waste associated with the use.

The proposed use will activate the façade due to the fact that when in operation the roller door is open as opposed to if the rear of the site was continued to be used as storage and the roller door was consistently closed. Due to the roller door being open and staff and clients occupying the space, the use will provide some passive surveillance of Outer Crescent. An active façade will improve integration with the street and the signage adds some visual interest to the rear of the site.

A personal training studio by appointment only is a low intensity use when compared to other small restricted recreation facilities that allow clients to use facilities when not under supervision of a staff member. Furthermore, the limited hours of operation should not have a detrimental impact upon adjoining properties.

Noise

It is common for such facilities to play background music and should the roller door be open it is not unreasonable to expect music to be audible from the street. Therefore a condition is recommended requiring any noise emanating from the site to comply with EPA guidelines.

Car parking

The use is not listed in Clause 52.06 and therefore pursuant to Clause 52.06-5A, parking is to be provided to the satisfaction of the Responsible Authority. The purposes of Clause 52.06 include to ‘ensure the provision of an appropriate number of car parking spaces having regard to the demand likely to be generated, the activities on the land and the nature of the locality and to ensure that car parking does not adversely affect the amenity of the locality’.

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It is evident from an inspection of the site that car parking in Outer Crescent is at a premium. The applicant has provided a traffic/parking assessment that concludes there is sufficient parking in Outer Crescent and immediate areas to accommodate the parking demand. Considering parking is limited, a personal training studio that may have up to 5 staff and 10 clients on site at any one time is considered to be problematic. Council’s Traffic Engineers have recommended that should the application be supported a maximum of one staff and three customers only should be present on site at any one time.

Five staff members may result in up to five cars permanently being parked on the street and this is considered an unreasonable burden on the already limited street parking in the area and therefore the number of staff allowed should be reduced to one at any one time. Even though clients may not drive to the premises as stated by the applicant, a worst case scenario must be applied. Given this, it is reasonable to allow up to three clients on site at any one time. This will still allow for group classes.

A recent planning permit was issued for 193 Bay Street, Brighton for a personal training studio. At the time of assessment, Council’s Traffic Engineers recommended a condition be included requiring a 15 minute gap/interval between scheduled classes. The same approach should be taken here to allow for a turnover in car parking.

Waste

Waste will be minimal considering waste generated from personal training studios is typically low and therefore this issue can be addressed through permit conditions. This includes requiring bins to be stored on site and not effecting the waste storage arrangements of the existing restaurant.

Bicycle Parking

Pursuant to Clause 52.34 of the Bayside Planning Scheme, a minor sports and recreation centre (which includes a restricted recreation facility) requires one bicycle parking space per four employees and one to each 200m² of net floor area.

Given the proposed reduction in maximum number of staff and client numbers, no bicycle parking is technically required on site. Notwithstanding this, one space should be provided to encourage cycling to the site and to further alleviate the demand for car parking spaces.

CONCLUSION

The strategic location of the site encourages uses of this type and conditions are recommended to ensure patronage and hours are suitable for the area. Car parking numbers are supported based on reduced staff and client numbers and bicycle parking being provided on site.

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RECOMMENDATION

That Council having caused notice of Planning Application No. 2014/322/1 to be given under Section 52 of the Planning and Environment Act 1987 and having considered all the matters required under Section 60 of the Planning and Environment Act 1987 decides to Issue a Notice of Decision to Grant a Permit under the provisions of the Bayside Planning Scheme in respect of the land known and described as 212 Bay Street Brighton for the use of the land as a restricted recreation facility (health and wellbeing/personal training) and car parking to Council’s satisfaction in accordance with the application dated 14 November 2014, subject to the following conditions, including the specified conditions set out in the Council’s “Town Planning Standard Conditions” adopted by the Council on 28 November 2006:-

1. Within 30 days of the date of this permit, amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the plans submitted with the application but modified to show:

a) The internal layout of the premises

b) One (1) bicycle space located inside the premises

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

3. Unless with the further consent of the Responsible Authority, the use may only operate between the following hours:

a) 6:30am – 7:30pm Monday to Friday

b) 8:00am – 5:00pm Saturday

c) Closed Sunday

A minimum 15 minute interval must be provided between group classes.

4. There must be no more than one (1) staff member on site at any one time and no more than three (3) clients on site at any one time.

5. Noise levels emanating from the premises must not exceed those required to be met under State Environment Protection Policy (Control of Noise from Commerce, Industrial and Trade), No. N-1.

6. The use must be contained to within the premises at all times and not in any open areas on or off-site to the satisfaction of the Responsible Authority.

7. All waste and garbage bins associated with the use must be kept inside the title boundaries (other than for collection) and the waste management of the restaurant must not be impacted upon due to the use at the rear of the site.

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4.3

1/393 Bay Road, Cheltenham Notice of Decision to Grant a Permit Application No: 2015/178/1 Ward: Central


File No: 2015/178/1

APPLICATION DETAILS

Land/Address: 393-397 Bay Road, Cheltenham

Application is for: Construction of a three storey building (plus basement car park) containing 37 dwellings, construction of three double storey dwellings, a reduction in the required car parking rate and alteration of vehicular access onto a road in a Road Zone, Category 1


Ward: Central Ward


Applicant's/Owner's Name: Tract Consultants

Date Received: 27 March 2015

Statutory Days Expiry: 10 August 2015

Zoning: General Residential Zone Schedule 1

Overlays: Design and Development Overlay Schedule 2

Under what clause(s) is a permit required? Clause 32.08-4 (GRZ1 Construction of two or more dwellings on a lot)

Clause 43.02-2 (DDO2 Construction of a building and carrying out of works)

Clause 52.06-3 (Reduce the number of car parking spaces)

Clause 52.29 (Alter access to a road in a Road Zone, Category 1)

Restrictive covenants on the title? No.

Current use and development: Nine single storey dwellings.

Objections: 45

PROPOSITION


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PROPOSAL

The applicant seeks planning permission for the construction of a three storey building containing 37 dwellings fronting Bay Road and three double storey dwellings fronting Royalty Avenue. The three double storey dwellings will be separated from the apartment building. At basement level within the apartment building 32 car spaces, 20 bicycle spaces, a 20,000L water tank, services and a refuse room are proposed. At ground level 8 two bedroom and 7 one bedroom dwellings are proposed, at first floor level 7 two bedroom and 7 one bedroom dwellings are proposed and at second floor level 4 two bedroom and 4 one bedroom dwellings are proposed. The townhouses will each contain at ground level an open plan living/meals/kitchen area with three bedrooms and amenities proposed at first floor level. A single garage and tandem car space is provided for each of these dwellings. The existing buildings and all existing vegetation onsite are proposed to be removed.


The site has an ‘L’ shape due to the property at 393 Bay Road extending through to Royalty Avenue. The site consists of three separate properties which together have a total area of 2,587m² and currently contains:

A seven dwelling single storey development at 393 Bay Road.

A single storey dwelling at 395 Bay Road.

A single storey dwelling at 397 Bay Road.

A slope of approximately 2m exists across the land from north to south, with the slope being most pronounced towards the northwest corner of 395 Bay Road.


The property opposite to the north at 31 Royalty Avenue contains a single storey dwelling.

The property opposite to the north at 33 Royalty Avenue contains a single storey dwelling.

The property adjacent to the east at 34 Royalty Avenue contains a single storey dwelling.

The property adjacent to the north at 36 Royalty Avenue contains a single storey dwelling.

The property adjacent to the east at 399 Bay Road contains a single storey dwelling.

The property opposite to the south at 382 Bay Road contains a single storey dwelling.



The property adjacent to the west at 391 Bay Road contains a double storey dwelling.

The property adjacent to the west at 30-32 Royalty Avenue contains a single storey dwelling.

A small shopping strip referred to as the ‘Bay Road & Jack Road Small Neighbourhood Activity Centre’ exists approximately 100m west of the site, beyond which is the Bayside Business Employment Area. Approximately 400m east of the site is Southland Shopping Centre (site of the future Southland Railway Station) and Sir William Fry Reserve.

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PERMIT/SITE HISTORY

Title and Covenants

The applicant has submitted copies of titles for the site, issued by the titles office on 19 March 2015. The titles are not subject to any covenants or restrictions.

Background No previous planning applications have been determined for subject site.

PUBLIC NOTIFICATION



Placing four signs on site (one fronting Royalty Avenue and three fronting Bay Road).

The notification has been carried out correctly and Council has received 45 objections to date. The key issues that were raised by objectors are:

Traffic and parking congestion.

Excessive height.

Overlooking.

Overshadowing/ loss of light.

Lack of open space/ overdevelopment.

Insufficient car parking proposed.

Construction impacts.

Property devaluation.

Out of keeping with neighbourhood/streetscape character.

Inadequate waste collection.

Inadequate internal amenity.

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Locality Plan

Legend

Subject Site

Objector

Five objectors were located further away beyond the map boundary, whilst two objections provided no address.

CONSULTATION

The applicant declined an invitation to a consultation meeting.

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REFERRALS

The application was referred to the following external authorities in accordance with Section 55 of the Act.

External Referral Authority Response

VicRoads No objection, subject to conditions.

The application plans were forwarded to the following Council departments

Internal Referral Response

Arborist Not supported.

Drainage Engineer No objection, subject to conditions.

Traffic Engineer No objection, subject to conditions.

Urban Designer Not supported.

Street Tree Arborist No objection, subject to conditions.

Waste Management Coordinator No objection.

ASSESSMENT


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








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



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

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


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

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

Zone

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

A planning permit is required pursuant to Clause 32.08-4 to construct two or more dwellings on a lot

Overlays

Clause 43.02 Design and Development Overlay Schedule 2 – Aims to achieve architectural and urban design outcomes that contribute positively to local urban character and enhance the public realm while minimising detrimental impact on neighbouring properties. The overlay aims to preserve the existing character and amenity of the areas as low rise (up to two storeys) suburban areas with a strong garden character, to maintain the prevailing streetscape rhythm, building scale and height of neighbourhoods and to maintain a strong landscape character with buildings set within vegetated surrounds.

A planning permit is required pursuant to Clause 43.02-2 to construct a building and carry out works.



Planning permission is required pursuant to this provision for a reduction in the required car parking rate.

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

Planning permission is required pursuant to this provision to alter access to a road in a Road Zone, Category 1.


No planning permission is required pursuant to this provision.

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

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General Provisions



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

Strategic justification The subject site is located in an area where a three storey built form consisting of an apartment typology is supported. Further it is noted that DDO2 that has an objective to preserve the existing character and amenity of the area as low rise; up to two storeys also applies to the site. Under Clause 21.02 the subject site is nominated as being within a ‘Future Key Focus Residential Growth Area’ in accordance with the Bayside Housing Strategy which applies this designation to all land within 400m of the future Southland railway station. It is noted however that Schedule 1 to the GRZ is described as ‘moderate residential growth’, though this encompasses all land zoned GRZ in the vicinity of Southland. The sites strategic designation is based on the sites proximity to Southland Activity Centre (previously described as a Principal Activity Centre), proximity to Sir William Fry Reserve (approximately 8.7 hectares in size) and the future Southland railway station which is intended to be located approximately 350m southeast of the site and intended to commence operation in 2017. A three storey built form incorporating medium to high density development is supported within this area under the Bayside Housing Strategy. Additionally, the site falls within the Highett Structure Plan area in accordance with Clause 21.11 which nominates the site as being within a mixed use area capable of accommodating a built form of 3 storeys with an apartment typology. The double storey townhouse typology proposed to the Royalty Avenue frontage of the site is considered to be consistent with relevant planning policy which calls for a transitioning of built form in terms of height to the existing residential areas. A Southland Structure Plan is intended to be undertaken in the 2016 financial year in conjunction with Kingston City Council which will provide greater certainty in terms of built form. On the basis of the available planning policies though, it is considered that the weight of planning policy favours a development concept as proposed as opposed to a smaller scale built form advocated for by DDO2. This is particularly the case given the Bay Road frontage, with properties fronting Road Zone’s, Category 1 typically able to accommodate a more robust built form. This is a view shared by Council’s urban designer.

Neighbourhood Character The site is located within Neighbourhood Character Precinct G1 pursuant to Clause 22.06 of the Bayside Planning Scheme. Clause 22.06 outlines the following preferred character statement for the precinct.

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Preferred Future Character

The well-articulated dwellings sit within landscaped gardens, some with established trees. New buildings are frequent and are designed to respond to the site, and include a pitched roof form to reflect the dominant forms in the area. Buildings are occasionally built to the side boundary, however the overall impression of the streetscape is of buildings within garden settings due to the regular front setbacks, well vegetated front yards and additional street tree planting in the area.

Precinct Guidelines

Objective Design Response Avoid

To maintain and enhance the garden settings of the dwellings.

Prepare a landscape plan to accompany all applications for new dwellings that includes substantial trees and vegetation.

Retain large, established trees and provide for the planting of new trees wherever possible.

Buildings should be sited to allow space for the planting of trees and shrubs.

Lack of landscaping and substantial vegetation. Removal of large trees. Planting of environmental weeds.

To maintain the rhythm of visual separation between buildings.

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

To ensure that new buildings provide an articulated and interesting façade to the street.

Incorporate design elements into the front façade design of new dwellings such as recessed portions, projecting elements behind the front setback line, combinations of materials, textures or colours or other elements providing appropriate articulation.

Use pitched roof forms with eaves.

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

To maintain the openness of the streetscape.

High, solid front fencing.

Apartment Building

The preferred character statement and precinct guidelines seek for dwellings to be located within a landscape setting. Whilst the retention/removal of existing vegetation will be discussed later within this report, it is considered that the proposal provides suitable landscaping opportunities. The basement is offset by 5m from the frontage of the site, 3m from the rear boundary and between 2-3.5m at the sides. As will be discussed further, the applicant is willing to make further amendments to the development plans which would see the basement front setback in part reduced to 4m. These setbacks are considered to be acceptable as they will allow sufficient ‘deep root’ zones for planting. As a condition of permit it is recommended that the terrace areas for the ground level dwellings facing Bay Road be setback from the street by 5m to increase the planting areas available within the front setback. The applicant has submitted a concept landscape plan which Council’s arborist has reviewed. Council’s arborist has raised concern about the ability for substantial landscaping to be provided along the Bay Road frontage. It is considered that the inclusion of the above outlined condition in conjunction with a requirement for a detailed landscape plan would be able to address this concern.

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In terms of the building siting, it is considered that the apartment building provides for an appropriately articulated and well resolved façade. Council’s urban designers have stated that the proposed materiality is contemporary and restrained, providing a high quality architectural language. The darker tone and lightweight metal cladding at the third level does not draw any significant attention from the street level. The proposal does however provide for a reduced front setback of 5m at ground floor level and 4.5m at first floor, as opposed to the 7m required. Council’s urban designer was critical of the extent of the reduced front setback sought due to the regular nature of existing front setbacks along Bay Road. The applicant has advised that they are willing to increase this setback to a minimum 6m at ground floor level and 5.8m at first floor level. It is considered that given the regularity of front setbacks along Bay Road that a 7m setback should be provided and this is proposed as a condition of permit.

A pitched roof is not provided to the apartment building and this is considered to be acceptable in terms of the main road context, the apartment nature of the building and as a pitched roof would likely only add additional visual bulk.

The rhythm of visual separation is considered to be maintained with the side setbacks being a minimum of 2.15m at ground floor level and increasing at upper levels generally in accordance with Standard B17 of ResCode as will be discussed further within this report.

The precinct guidelines also advocate for openness to the street to be maintained, whereas a 1.5m to 1.9m high block work wall is proposed setback from the street by 1m. Whilst this does not contribute to an openness of the street, the wall is staggered in nature, in compliance with Standard B32 of ResCode which allows a 2m high front fence, and does not cover the entire frontage of the site. Accordingly, the fence is acceptable within the context.

The design objectives of DDO2 are also relevant in relation to the apartment building (DDO2 is not triggered for the townhouse component due to the townhouses not exceeding 9m/ two storeys) and are:

To achieve architectural and urban design outcomes that contribute positively to local urban character and enhance the public realm while minimising detrimental impact on neighbouring properties.

To preserve the existing character and amenity of the areas as low rise (up to two storeys) suburban areas with a strong garden character.

To maintain the prevailing streetscape rhythm, building scale and height of neighbourhoods.

To maintain a strong landscape character with buildings set within vegetated surrounds.

As previously noted, the architectural merit of the proposal is considered to be generally acceptable as is the height. It is considered that the landscape character of the area will be preserved subject to the conditions outlined in the recommendation.

Townhouses

In terms of the three townhouses, the dwellings are considered to provide an appropriate level of articulation to the street, however the side interfaces lack articulation. Given the side elevations will be visible from adjoining properties and at oblique angles from the street it is considered that appropriate articulation is required. Council’s urban designer is critical of this aspect of the proposal stating that the side elevations have prominent blank walling and limited articulation. The applicant has indicated they would accept a condition requiring these side elevations to be better treated and this has been included as a recommended condition of permit.

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In terms of landscaping provision, due to the proposed three garages and accessways coupled with the pedestrian pathways, limited landscaping is provided within the front setback as evident from the concept landscape plan. It is noted however that this level of landscaping provision would still be an improvement on the current situation where no landscaping beyond grassed areas is provided. Council’s arborist has advised that subject to a minor repositioning of the eastern crossover/accessway more substantial landscaping could be achieved. This is agreed and is included as a recommended condition of permit. This will also enable a greater separation between the two vehicle crossovers proposed and allow for one on-street car parking space to be provided in front of the property as requested by Council’s traffic engineer.

From a rhythm of visual separation perspective, the buildings are appropriately offset from the side boundaries on each side, however the front setback is non-compliant with Standard B6 at first floor level being required to be 7.8m with 7.4m instead proposed. As a condition of permit it is proposed to require this first floor setback to be increased to 7.8m to ensure compliance with Standard B6.

A 1.1m high metal front fence is proposed which is considered appropriate in terms of maintaining openness to the street.

A pitched roof is not provided to the townhouse component with instead a flat roof form proposed. This is considered supportable given the architectural nature of the dwellings with Council’s urban designers commenting that they are entirely comfortable with a more contemporary architectural form with its sound contextual material use. Further, the flat roof profile and modulation of the townhouse forms to the rear (subject to garage resolution) enables a form which appears as a single large dwelling as opposed to a series of townhouses.

Setbacks

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

Apartment building

Ground floor First floor Second floor

Required Proposed Required Proposed Required Proposed

East (side) 0m or 2m 2.2m – 2.4m

3.86m – 5.78m

4.2m 9.18m – 10.58m

9.77m

West (side) 0m or 2m 2.2m – 3.3m

3.92m – 4.18m

3.94m – 4.97m

9.18m – 9.38m

8.62m – 9.42m

North (rear) 0m or 3m 3m – 7m 4.92m – 7.18m

4.85m – 7m 10.38m – 12.38m

8.75m – 10.55m

Townhouses

Ground floor First floor

Required Proposed Required Proposed

East (side) 0m or 2m 2m 3.68m – 3.74m 3.9m

West (side) 0m or 2m 2m 3.68m – 3.74m 3.9m

North (rear) 0m or 3m 9m 3.96m – 4.39m 8.7m

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Areas of non-compliance are underlined. As evident from the above tables, the levels of non-compliance relate to the first and second floors of the apartment building. This is partly due to the slope in the site. Of primary concern are the rear setbacks to the south of 34 Royalty Avenue and the side setback to 399 Bay Road at ground floor level. Council’s urban designer has commented that the general massing of the three storey Bay Road building is responsive to Bay Road’s existing and likely future character. The provision of increased side setbacks and well recessed upper levels (minimum 8.6m setback) above a dominant mid-level reduces the perception of overall scale, and sensitively responds to residential neighbours. The rear setback however is deficient when measured against the revised Bayside GRZ1 schedule variations. We can see little strategic justification to vary this requirement, particularly given the rear interface with low order residential development, which is unlikely to develop to a comparable intensity.

It is considered that given the sensitive nature of the interfaces and the level of change proposed by the development that all side and rear setbacks should be in compliance with Standard B17 of ResCode. Accordingly, a condition is included to this effect.

Site Coverage and Permeability

Site coverage is required to be 50% in accordance with Standard B8 of ResCode and site permeability 20% in accordance with Standard B9 of ResCode. Total site coverage is 61.75% with permeability of 32.8%. Therefore the proposal does not comply with Standard B8 but does comply with Standard B9. Given the sites location around and within close proximity to a Major Activity Centre and the substantial area available for landscaping, the proposed increase in site coverage is considered acceptable. The additional setbacks proposed will slightly reduce site coverage below 60%.

Overlooking

At ground floor level of the apartment building 3m high boundary fences are proposed to prevent overlooking. This fencing does not provide a visual barrier of 1.8m in accordance with Standard B22 of ResCode at the north-eastern corner and would need to be raised by approximately 200mm. A 3m or 3.2m high fence is not considered appropriate within a residential context as it causes visual bulk and a condition of permit is recommended requiring compliance with Standard B22 at ground floor level with a reliance on boundary fencing of no greater than 2.4m in height.

At first floor level measures to prevent overlooking to the north have not fully been implemented in accordance with Standard B22 and this is addressed via way of condition. At second floor level due to the distances involved, screening measures are not required.

From the townhouses, 3m and 2.4m high boundary fences will prevent overlooking, though the previously stated concerns about 3m high boundary fencing are reiterated and addressed through conditions. At first floor level the privacy screens require further annotation to ensure compliance with Standard B22 of ResCode and again this is dealt with via way of condition.

Overshadowing

The shadow diagrams submitted with the application indicate that the extent of additional overshadowing imposed on adjoining properties is in compliance with Standard B21 of ResCode.

Traffic & Car Parking

The development proposes 37 one and two bedroom dwellings within the apartment building and 3 three bedroom townhouses. Accordingly 43 resident car spaces and 8 resident visitor cars spaces are required to be provided; 51 car spaces in total.

The applicant proposes a total of 38 car spaces, being 32 resident car spaces within the apartment building and 6 resident car spaces within the townhouse component. This equates to a shortfall of 5 car spaces for residents within the apartment building and all 8 resident visitor spaces.

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The applicant has subsequently advised that they are willing to provide 43 car spaces within the apartment building through the use of car stackers which together with the six townhouse car spaces equates to 49 car spaces in total. It is considered appropriate to condition that a further one car space be provided within the apartment building (i.e. 44 car spaces in total), which would bring the apartment building into compliance with the Bayside Planning Scheme. It is not considered that 2 additional car spaces ought to be provided to bring the whole development into compliance, as the additional resident visitor car space is triggered by including the townhouse component. As the townhouses are separated from the apartment building visitors would not be able to utilise any resident visitor car parking provided within the apartment building. The proposed amendments to the eastern townhouse accessway will enable the provision of one on-street car parking space directly in front of the townhouses which is considered appropriate to cater for resident visitor demand. Details of the proposed car stackers within the basement are sought through conditions to ensure they are independent stackers.

Council’s traffic engineer does not support any reduction in car parking but was otherwise supportive of the proposal subject to minor conditions which have been included. VicRoads have been consulted on the application and advised they have no objection subject to conditions.

Landscaping/Vegetation

Six larger trees exist on site, one within the front setback of 393 Bay Road and the other five located on 395 Bay Road. The remaining vegetation consists of shrubs and low lying species. The consulting arborist has indicated that all six trees have a low retention rating based either on their size or because they were compromised by poor form or structure.

Council’s arborist has expressed concern over the proposed removal of two Cypruss trees from along the Bay Road frontage of 395 Bay Road. Council’s arborist has indicated these trees provide high streetscape amenity and should be retained. These trees are unable to be retained within the development as proposed as they conflict with the basement accessway ramp.

Whilst it is acknowledged that the trees do provide an amenity value to the streetscape due to their size, it is not considered that this amenity value is of such significance to warrant a redesign of the proposal. Subject to conditions, it is considered that proposed replacement plantings will be sufficient to offset the loss of these two trees and provide an improved landscape outcome for the site and neighbourhood.

Internal Amenity

The development is considered to provide a reasonable level of internal amenity subject to conditions.

Daylight/solar access

A number of the apartments proposed have living room depths of 8-9m with a number of these windows having a cantilevered built form further restricting solar access. It is considered that the internal amenity of a number of these dwellings could therefore be compromised by a need to rely on artificial lighting based purely on the available window plane, extent of building overhang and living area depth. Accordingly a condition of permit is recommended requiring a daylighting assessment be provided to ensure that appropriate solar access to the habitable rooms of the apartment building is achieved.

In terms of the townhouses, a depth of 7.5m is proposed to the middle dwelling with the window plane being clear to the sky which is considered appropriate. At first floor level, the middle dwelling is provided with skylights and clerestory windows to ensure a sufficient level of daylight to the middle bedroom is achieved.

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Private open space

Each dwelling is provided with an appropriately sized and dimensioned private open space area to satisfy the requirements of Standard B28 of ResCode. Concern is raised however in respect of one balcony in terms of its usability and desirability being the second from north-eastern end dwelling at first floor level of the apartment building. This balcony has a width of 1.6m and is enclosed on three sides by solid walls as well as being fully roofed, meaning the only light source is from the 1.6m wide end of the balcony. This is considered to provide for a poor level of internal amenity for future residents. A condition of permit will require this balcony to be redesigned to achieve a minimum width of 2m with minimum one side to a depth of 1.5m unenclosed on two sides.

Noise

Standard B34 of ResCode states that dwellings and residential buildings close to busy roads should be designed to limit noise levels in habitable rooms. Given Bay Road is a Road Zone, Category 1 and therefore likely to generate higher noise volumes, conditions of permit regarding acoustic attenuation are recommended.

Useability of dwellings

Concern is raised with respect to the two north-eastern and north-western ground floor dwellings and their usability. At the northwest corner concern is raised with respect to the convoluted layouts which provide for bathrooms surrounded on three sides by another dwelling and 6m long corridors. The applicant has indicated that they are willing to accept a condition requiring these north-western dwellings to be combined into a single three bedroom dwelling. It is considered that the same could be achieved for the two north-eastern dwellings of concern. This will not affect the car parking requirements and has been included as part of the recommended conditions.

The middle townhouse dwelling is considered acceptable as whilst the middle bedroom relies on a clerestory window for light, it is the smallest of the rooms and it is considered a reasonable level of internal amenity will still be achieved.

Bicycle parking

Clause 52.34 requires 8 resident and 4 visitor bicycle spaces with 20 resident and 4 visitor bicycle spaces proposed. Accordingly, compliance is achieved.

Dwelling entries

Concern is raised with respect to the dwelling entry points for the apartment building with Council’s urban designer commenting that the proposed pedestrian entry to the Bay Road frontage is well located in a functional sense, however lacks a strong sense of address. Given the broad frontage and repetition of architectural treatment, a strong central break should be established, which correlates with upper level effects to clearly identify the building entry. The applicant has indicated that they would be willing to accept a condition requiring this to be further enhanced and a condition to this effect has been included.


Issues raised by objectors that have not been addressed in the assessment above, are discussed below:

Construction impacts

A proposed condition of permit will require the submission of a construction management plan to minimise the impacts of construction activity on adjoining properties.

Property devaluation

Property devaluation is not a planning consideration.

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Inadequate waste collection

The applicant has submitted a waste management plan indicating that private collection is proposed for the apartment building with waste collection to occur on site within the basement. For the townhouse component, it is intended to rely on Council’s municipal collection service. Council’s waste management coordinator has no objection to these proposed arrangements.

CONCLUSION

The proposal represents the first larger redevelopment in the immediate area. Future development proposals of similar scale within the area are anticipated due to planning policy support and the proximity to services and infrastructure. It is considered therefore important that an appropriate outcome be achieved to set the standard for future developments of this type. On balance it is considered that subject to the conditions recommended, the proposal will achieve an appropriate outcome by achieving a proposal which is acceptable from a neighbourhood character perspective both in terms of existing and future character, without significant off-site amenity impacts. The proposal is considered to comply with relevant planning policy and accordingly approval is recommended.

RECOMMENDATION

That Council having caused notice of Planning Application No. 2015/178/1 to be given under Section 52 of the Planning and Environment Act 1987 and having considered all the matters required under Section 60 of the Planning and Environment Act 1987 decides to Issue a Notice of Decision to Grant a Permit under the provisions of the Bayside Planning Scheme in respect of the land known and described as 393-397 Bay Road, Cheltenham, for the Construction of a three storey building (plus basement car park) containing 35 dwellings, construction of three double storey dwellings, a reduction in the required car parking rate and alteration of vehicular access onto a road in a Road Zone, Category 1 in accordance with the endorsed plans and subject to the following conditions:-

1. Before the development starts, amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the plans submitted with the application but modified to show: a) Plans amended in accordance with plans drawn by Rothe Lowman, Project No.

214149, dated 25 August 2015, Revision B, Drawing Nos. TP01.02-TP01.05 (inclusive), TP01.07, TP01.08 and TP02.01-TP02.04.

b) The terraces for the ground floor dwellings fronting Bay Road setback by a minimum 5m with this front setback to be landscaped in accordance with Condition 9 of this permit.

c) A minimum building setback at all levels of 7m from Bay Road. d) The first floor townhouse street setback increased to a minimum 7.8m. e) The side elevations of the townhouses provided with additional fenestration and

articulation. f) The eastern townhouse shared accessway and crossover offset from the western

townhouse accessway and crossover by 7.5m. g) All side and rear setbacks to be in compliance with Standard B17 of ResCode. h) All habitable room windows screened in accordance with Standards B22 and B23 of

ResCode with boundary fencing to be no greater than 2.4m in height above natural ground level.

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i) A total of 44 car spaces provided within the basement of the apartment building consisting of 37 resident car spaces and 7 resident visitor car spaces. The 7 resident visitor car spaces must be provided at grade. All car spaces within car stackers used for resident parking must be able to be accessed independently of one another. Technical details of the proposed car parking stackers must be provided.

j) Visibility splays provided in accordance with Design Standard 1 of Clause 52.06-8 of the Bayside Planning Scheme.

k) The balcony associated with the second from end north-eastern one bedroom dwelling at first floor level increased in size to a minimum width of 2m with a minimum depth of 1.5m clear of built form on two sides for a distance of 1m.

l) The 2 one bedroom north-western apartments at ground floor level combined into one apartment and the 2 one bedroom north-western apartments at ground floor level combined into one apartment.

m) The four visitor bicycle spaces proposed within the front setback of the apartment building relocated to either side of the apartment building entrance; two on each side.

n) Each apartment provided with a storage area of minimum 6m³ within the basement or at ground floor level for ground floor apartments only.

o) The apartment building entry point provided with increased definition so as to be clearly identifiable and distinct within the southern building façade.

p) A detailed landscape plan updated to reflect the above items and in accordance with Condition 9 of this permit.

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

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

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

5. Before the plans are endorsed, an amended Sustainable Design Assessment prepared by a suitably qualified sustainable design consultant must be submitted to and approved by the Responsible Authority. The amended report must demonstrate that each dwelling within the apartment building is provided within sufficient natural solar access in accordance with BCA requirements and that compliance with the sunlight access aspects of the Guidelines for Improved Environmental Quality contained within the SDAPP and the BESS are achieved.

6. Before the plans are endorsed, an acoustic report prepared by a suitably qualified acoustic engineer must be submitted to and approved by the Responsible Authority. The report must prescribe the form of acoustic treatment to:

a) Protect all dwelling occupants from external noise sources associated with the abutting Bay Road to achieve an internal noise level of 50dBA Lmax in bedrooms and living rooms.

7. Within two months of occupation of the development, an updated acoustic report prepared by a suitably qualified acoustic consultant must be submitted to the satisfaction of the Responsible Authority demonstrating that the required level of noise attenuation has been achieved in accordance with Condition 6 of this permit or, if not, what works must be undertaken to achieve the required levels of noise attenuation.

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8. Before the development commences the applicant must pay $4,147.80 to the Responsible Authority for the removal and replacement of the existing White Cedar street tree located on Royalty Avenue. This amount has been determined in accordance with Council’s current policy for the removal of street trees. This amount may be increased by the Responsible Authority if an extension of time to commence work is granted and the amenity value of the street tree has increase. The Responsible Authority, or a contractor or agent engaged by the Responsible Authority, must undertake the removal and replacement of the street tree. Any replacement planting will be at the discretion of the Responsible Authority.

9. Before the development starts, a landscape plan to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed and will then form part of the permit. The plan must be drawn to scale with dimensions and three copies must be provided. The landscaping plan must show: a) A survey (including botanical names) of all existing vegetation to be retained and/or

removed b) Buildings and trees (including botanical names) on neighbouring properties within three

metres of the boundary c) Details of surface finishes of pathways and driveways d) Details of water sensitive urban design elements to be incorporated and the plant

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

f) Landscaping and planting within all open areas of the site g) An in-ground irrigation system to all landscaped areas.

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

11. The landscaping shown on the endorsed plans must be maintained to the satisfaction of the responsible authority, including that any dead, diseased or damaged plants are to be replaced.

12. The existing street trees (except for the street tree referred to in Condition 8 of this permit) must not be removed or damaged unless with the written consent of the Responsible Authority.

13. Prior to the commencement of any works, a construction management plan must be submitted to and approved by the Responsible Authority. The construction management plan must address, but is not limited to: a) Pedestrian access will be maintained at all times along the Bay Road and Royalty

Avenue footpaths adjacent to the site; b) Hours of construction, control of noise and airborne matter, deliveries, vehicle access,

worker car parking, damage to public assets, and contact numbers for complaints; c) All traffic management plans for the site demolition, excavation, deliveries and other

construction related activities that will affect vehicle and pedestrian traffic; d) The location of all areas on-and/or off-site to be used for construction staff parking; e) A parking management plan for all associated construction vehicles; f) All site sheds, portable toilet, storage and materials, etc. must be confined to the site; g) The covering and maintenance of all roads/storage areas/external stockpiles/or vacant

areas to avoid dust nuisance to any residential and commercial premises; h) A truck wheel-wash must be installed and used so vehicles leaving the site do not

deposit mud or other materials on roadways;

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i) No water containing oil, foam, grease, scum or litter will be discharged to the stormwater drainage system from the site;

j) All stored wastes are kept in designated areas or covered containers that prevent escape into the stormwater system;

k) The amount of mud, dirt, sand, soil, clay or stones deposited by vehicles on the abutting roads is minimised when vehicles are leaving the site; and

l) No mud, dirt, sand, soil, clay or stones are washed into, or are allowed to enter the stormwater drainage system.

All works must accord with the approved construction management plan to the satisfaction of the Responsible Authority.

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

a) Constructed; b) Properly formed to such levels that they can be used in accordance with the plans; c) Surfaced with an all-weather-seal coat; d) Drained; e) Line marked to indicate each car space and all access lanes; and f) Clearly marked to show the direction of traffic along access lanes and driveways.

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

15. Vehicular crossing(s) must be constructed to the road to suit the proposed driveway(s) to the satisfaction of the Responsible Authority and any existing crossing or crossing opening must be removed and replaced with footpath, nature strip, and kerb and channel to the satisfaction of the Responsible Authority.

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

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

18. Any subsurface water captured on the site must be treated in accordance with Council’s Policy for “Discharge of Pumped Subterranean Water Associated with Basement or Below Ground Structures”. Any seepage / agricultural drainage water must be filtered to rain water clarity and must be pumped to the nearest Council Drain /Pit and not be discharged to the kerb and channel unless directed otherwise.

19. All on-site stormwater is to be collected form the hard surface areas and must not be allowed to flow uncontrolled onto adjoining properties. The on-site drainage system must prevent discharge from each driveway onto the footpath. Such a system may include either:

a) A trench grate (150mm minimum internal width) located within the property; and/or b) Shaping the driveway so that water is collected in a grated pit on the property; and/or c) Another Council approved equivalent.

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

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21. The driveway / parking areas / paved courtyards / paths and 'pervious' pavements must be graded / drained to prevent stormwater discharge onto the front footpath and into adjacent properties.

VicRoads Conditions (Condition Nos. 22-24)

22. Prior to the commencement of use of the permitted development, a sealed vehicle crossover must be constructed at least 6.1 metres in width as measured at the property boundary and to the satisfaction of the Responsible Authority. The edges of the vehicle crossover must be angled at 60 degrees to the road reserve boundary.

23. The basement ramp gradient must not be steeper than 1:10 for at least the first five metres inside the property boundary.

24. Prior to the commencement of use of the permitted development, redundant vehicle crossovers onto Bay Road must be removed and the kerb, channel, footpath and nature strip reinstated to the satisfaction of the Responsible Authority.


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

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

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

Before the permit expires; or

Within 6 months afterwards if development has not commenced; or

Within 12 months afterwards if the development has lawfully commenced.

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STANDARDS OF THE BAYSIDE PLANNING SCHEME

Two or more dwellings on a lot and residential buildings (Clause 55 and Schedule 1 to the General Residential Zone)

Title and Objective Complies with Standard?

Comments

B1 Neighbourhood Character Design respects existing neighbourhood character or contributes to a preferred neighbourhood character. Development responds to features of the site and surrounding area.

Yes See report.

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

Yes See report.

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

Yes A mixture of one, two and three bedroom dwellings are proposed with varying floor plans and areas. Conditions of permit will also see the creation of additional three bedroom dwellings.

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

Yes Any upgrades required will be the responsibility of the developer.

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

Yes The dwellings appropriately address the street.

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

No Required: 7m (apartment building) 7.8m (townhouses) Proposed: 6m (apartment building through conditions). 7.5m (townhouses)

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

No Required: 9m (apartment building and townhouses) Proposed: 9.8m to roof, 11.2m to plant (apartment building) 7.47m (townhouses)

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

No Required: <50% Proposed: 61.75%

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

Yes Required: >20% Proposed: 32.8%

B10 Energy Efficiency Achieve and protect energy efficient dwellings and residential buildings. Ensure orientation and layout reduces fossil fuel energy use and makes appropriate use of daylight and solar energy.

Yes Whilst all dwellings within the apartment building do not receive northern solar access, it is considered that this is unavoidable in a development of this nature and north facing windows have been maximised as far as possible.

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

N/A N/A

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

Yes There are no safety concerns with the development.

B13 Landscaping To provide appropriate landscaping To encourage: Development that respects the landscape character of the neighbourhood. Development that maintains and enhances habitat for plants and animals in locations of habitat importance. The retention of mature vegetation on the site.

Yes Sufficient room for planting is provided subject to the conditions outlined. A recommended condition of permit requires the submission of an amended landscape plan to provide further landscaping opportunities.

B14 Access Ensure the safe, manageable and convenient vehicle access to and from the development. Ensure the number and design of vehicle crossovers respects neighbourhood character.

Yes Suitable access is provided to the subject site.

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B15 Parking Location Provide resident and visitor vehicles with convenient parking. Avoid parking and traffic difficulties in the development and the neighbourhood. Protect residents from vehicular noise within developments.

Yes All car parking facilities are conveniently located.

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

No See report.

Apartment Building

Ground floor First floor Second floor


East (side) 0m or 2m 2.2m – 2.4m

3.86m – 5.78m

4.2m 9.18m – 10.58m

9.77m

West (side) 0m or 2m 2.2m – 3.3m

3.92m – 4.18m

3.94m – 4.97m

9.18m – 9.38m

8.62m – 9.42m

North (rear) 0m or 3m 3m – 7m 4.92m – 7.18m

4.85m – 7m

10.38m – 12.38m

8.75m – 10.55m

Townhouses



East (side) 0m or 2m 2m 3.68m – 3.74m 3.9m

West (side) 0m or 2m 2m 3.68m – 3.74m 3.9m

North (rear) 0m or 3m 9m 3.96m – 4.39m 8.7m

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

Yes No walls on boundaries are proposed.

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

Yes The proposal is setback from property boundaries to ensure daylight to existing windows is maintained.

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

Yes The proposal is well setback from property boundaries to ensure daylight to north facing windows is maintained.

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

Yes See report

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

Yes Subject to conditions. See report.

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

Yes Subject to conditions. See report.

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

Yes The development will not generate any noise other than that typically expected from a residential use.

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

Yes The entry point to the apartment building includes a ramp ensuring it is accessible, whilst the internal configuration complies with the building regulations. Appropriate access is provided to each of the townhouses.

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

Yes An appropriate sense of address is provided to each townhouse and subject to conditions an appropriate sense of address will also be provided to the apartment building.

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

Yes All habitable windows have direct access to daylight.

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

Yes Required: 40m² or 8m² balconies.

Proposed: 40m²+ or 8m²+ balconies.

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

No Due to the nature of the development, it is not possible for all south facing private open spaces within the apartment building to comply with this standard.

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B30 Storage Provide adequate storage facilities for each dwelling.

Yes Subject to conditions, each dwelling will be provided with sufficient storage space.

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

Yes See report.

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

Yes See report.

B33 Common Property Ensure car parking, access areas and other communal open space is practical, attractive and easily maintained. Avoid future management difficulties in common ownership areas.

Yes The likely future common property areas will be able to be easily maintained.

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

Yes Plans show clotheslines, mailboxes, service infrastructure and storage areas.

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4.4

88 Bay Road, Sandringham Notice of Decision to Grant a Permit Application No: 2015/236/1 Ward: Southern


File No: 2015/236/1

APPLICATION DETAILS

Land/Address: 88 Bay Road, Sandringham

Application is for: Construction of a three storey building (plus basement) consisting of 22 dwellings and alteration to an access to a Road Zone, Category 1

Melway Reference: 76/H10

Ward: Southern Ward


Applicant's/Owner's Name: Urbis Pty Ltd

Date Received: 23 June 2015


Zoning: General Residential Zone Schedule 2 (GRZ2)


Under what clause(s) is a permit required? Clause 32.08-4 – GRZ2

Clause 43.02-2 – DDO8


Current use and development: Single dwelling

Objections: 11

PROPOSITION


PROPOSAL

This application seeks planning approval for construction of a three storey building (plus basement) consisting of 22 dwellings and basement car park and alterations to an access to a Road Zone, Category 1.

Lower Basement

At lower basement level are 22 storage cages ranging from 8m² - 10m² in size. The cages are accessible via the lift and staircase that extends up through to the second floor.

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Basement

The basement is accessible via a ramp along the eastern boundary that connects to the existing crossover at the north-eastern corner boundary. The basement consists of 31 car spaces for residents and four visitor spaces for a total of 35 car spaces.

Centrally located is a lift and staircase providing access to the lower basement and the three levels above. Abutting these are bin storage areas and 10 bicycle parking spaces. Water tanks will be located under the basement.

Ground floor

The ground floor includes eight dwellings, consisting of one 1 bedroom dwelling, five 2 bedroom dwellings and two 3 bedroom dwellings. Each dwelling will have an open plan living/dining/kitchen, two bathrooms (other than the 1 bedroom dwelling) with some also featuring a study or study nook and European laundry or laundry room. Private open space is accessible via living areas and varies in size from 22m² to 133m².

First floor

The first floor includes nine dwellings, consisting of three 1 bedroom dwellings, two 2 bedroom dwellings and four 3 bedroom dwellings. Each dwelling will have an open plan living/dining/kitchen, two bathrooms (other than the 1 bedroom dwellings) with some also featuring a study nook and European laundry or laundry room. Private open space is in the form of balconies and varies in size from 8m² to 15m².

Second floor

The second floor includes five dwellings, consisting of two 2 bedroom dwellings and three 3 bedroom dwellings. Each dwelling will have an open plan living/dining/kitchen, two bathrooms with some also featuring a study or study nook and European laundry or laundry room. Private open space is in the form of balconies and varies in size from 28m² to 63m².

The roof will include skylights and solar panels.

Entrance to the building is via a centrally located door facing Bay Road and abutting ramp. The stairs and lift are located towards the middle of the building.

The building will stand to a maximum height of 10.80m. The building will be contemporary in style with a flat roof and predominantly consist of render (white and dark grey), Alucobond (metallic grey) and timber cladding and glazing.

Seven existing trees are to be removed and two trees transplanted. The trees to be removed are:

Liquidambar Styraciflua

Fraxinus Angustifolia

Phoenix Canariensis

Syzygium Smithii

Melaleuca Linariifolia (street tree)

The two trees to be transplanted are:

Phoenix Canariensis

The proposal also seeks approval for the removal of a street tree, a Melaleuca linariifolia (Snow in Summer).

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The site has a total area of 1,660 square metres and currently contains a single dwelling.


To the north are three double storey dwellings at 57, 59 and 61 Bay Road. To the west of these dwellings are multi-dwelling developments;

To the east is a three dwelling development at 90 Bay Road;

To the south is a double storey dwelling at 21 Fernhill Road; and

To the east are two dwellings at 84 Bay Road and 19 Fernhill Road.

PERMIT/SITE HISTORY

Title and Covenants The applicant has submitted a copy of title for the subject site, issued by the titles office on 1 May 2015. The title is not subject to any covenants or restrictions.

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


2013/4614/1 Subdivision Lapsed 24 April 2014

2010/0140/2 Construction of a crossover in a RDZ1 Permit 3 May 2010

2007/0062/1 Development of the land for one (1) triple storey dwelling and four (4) double storey dwellings with basement parking and roof decks in a Design and Development Overlay Schedule 6 and access to a main road in a Road Zone Category 1

Permit 28 June 2007

2006/0151/1 Construction of five (5) double storey dwellings with roof decks

Refused 16 August 2006

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PUBLIC NOTIFICATION



Placing a sign on site

The notification has been carried out correctly and Council has received eleven (11) objections to date.


Lack of parking for visitors and traffic congestion;

Design does not respect neighbourhood and built form character;

Noise impacts form the ramp and basement;

Overlooking;

Lack of landscaping along the eastern boundary;

Loss of vegetation at the rear and loss of amenity as a result of this;

Damage caused to properties due to excavation required for construction of basement;

Impact on eastern boundary fence/wall of 88 Bay Road and 19 Fernhill Road;

Overshadowing;

Noise and air pollution during construction;

Drainage and soil issues as a result of the development;

Impact on local wildlife including possums; and

Overdevelopment of the site.

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Locality Plan

Legend

Subject Site

Objector

CONSULTATION

A consultation meeting was held at Council on 12 August 2015 attended by Council representatives, the applicant and seven objectors. No agreement was reached at the meeting. The applicant responded to the concerns raised by objections by providing concept plans addressing overlooking concerns. These are included in the package of documents but were not formally lodged as amended plans.

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REFERRALS

External Referrals/Notices required by the Planning Scheme:

External Referral Authority

Response

VicRoads No objection subject to conditions.

The application plans were referred to the following Council departments:


Arborist Objects to the removal of the trees.

Street Tree Arborist No objection subject to approval by the Planning and Amenity Committee to remove the street tree

Drainage Engineer No objection subject to inclusion of standard conditions.

Traffic Engineer No objection subject to inclusion of standard conditions.

Urban Designer No objection subject to recommend minor amendments.

ASSESSMENT










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Clause 22.06-1 Neighbourhood Character Policy – Aims to encourage development in the area that responds to the particular built form and natural environment elements that make up the neighbourhood character of Bayside. Aims to ensure that development is responsive to the preferred future character of the area and to retain and enhance the identified elements that contribute to the character of the area.

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Zone

Clause 32.08 General Residential Zone Schedule 3 - Aims to encourage development that respects the neighbourhood character of the area and to implement neighbourhood character policy and adopted neighbourhood character guidelines. The policy also seeks to provide a diversity of housing types and moderate housing growth in locations offering good access to services and transport and to allow educational, recreational, religious, community and a limited range of other non-residential uses to serve local community needs in appropriate locations.

A planning permit is required pursuant to this clause to construct two or more dwellings on a lot. The plans do not show the style of front fence proposed however a front fence along a Road Zone, Category 1 that is 2.0m or less in height does not require a planning permit.

Overlays

Clause 43.02 Design and Development Overlay Schedule 8 – the overlay aims to ensure that the height of new development is compatible with the preferred future role and character of Sandringham Village Major Activity Centre. The policy aims to develop the centre in a way that conserves and enhances its valued urban character and heritage places. The overlay seeks to ensure that new development contributes to safe and active streets and to maintain a strong landscape character with residential buildings set within vegetated front gardens and streetscapes in the residential precincts. The policy aims to recognise the significance of the Sandringham Hotel site as a potential local landmark as a result of its gateway, foreshore location.

A planning permit is required pursuant to this Clause as the building exceeds a height of 10.0m. This site is located in Precinct E which has a mandatory height control of 12.0m (3 storeys) because the site has a slope greater than 2.5 degrees or more.



A planning permit is not required in accordance with this Clause as the proposal has provided the required number of parking spaces.

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

A planning permit is required for alterations to an accessway onto a Road Zone, Category 1 in accordance with this provision.

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

General Provisions



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

Strategic Location

At both a state and local planning policy level there is considerable support for increased housing density to be provided in and around activity centres where a range of services and facilities are available. Under Clause 21.11 the subject site is nominated as being within the Sandringham Village Major Activity Centre. The relevant section of the Sandringham Village activity centre vision reads:

Existing residential areas will remain highly valued by the community, and will retain their current seaside character. New housing will integrate with the existing streetscape and provide additional opportunities for people to live near the centre. Existing views and vistas will be protected where possible in all new development and streetscape improvements.

Relevant strategies supporting this vision statement include:

Encourage residential development close to shops and services to provide a transition from business precincts to low scale residential areas.

Encourage redevelopment of larger sites and grade level car parks for residential with basement car parking.

Retain the residential focus of this precinct.

Provide adequate off-street parking for all new dwellings.

Within the Sandringham Village Framework Plan the subject site is nominated as being located within Precinct 4 (Residential) and Precinct E 12.0m (3 storeys) where the slope of the natural ground level at any cross section wider than 8m is 2.5 degrees or more). This framework plan calls for ‘transitional building heights’ in this area.

It is considered that the proposed development responds to its strategic location and the framework plan associated with Sandringham Village. The site is located approximately 450m from the core of the activity centre consistent with its designation at the edge of the centre boundary. As will be discussed within the neighbourhood character section of this report, it is considered that subject to further amendments the proposed development would integrate appropriately with the streetscape. The height of the development is below the 12m height limit (11.3m to the lift over run) and for the most part 8m to 10m in height. When viewed from the street, the building will sit below the natural ground level and present as a 2.5 storey building with a height of 7.90m to the ridge of the third storey and as result retain the lower scale residential focus of the precinct.

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The proposal is considered to be an appropriate re-development of a large site (being 1,660m²) and basement parking reduces the dominance of parking facilities and ensures adequate off-street parking is provided.

The proposal is also considered to comply with the purposes to the General Residential Zone which include to provide a diversity of housing types and moderate housing growth in locations offering good access to services and transport. There is a bus stop directly opposite the site in front of 53 Bay Road and Sandringham Railway Station is 600m to the west.

Design and Development Overlay Schedule 8

The framework plan for the Sandringham Village activity centre is reflected in DDO8 and the design objectives and built form provisions of this overlay. The relevant design objectives read:

To ensure that the height of new development is compatible with the preferred future role and character of Sandringham Village Major Activity Centre.

To develop the centre in a way that conserves and enhances its valued urban character and heritage places.

To ensure that new development contributes to safe and active streets.

To maintain a strong landscape character with residential buildings set within vegetated front gardens and streetscapes in the residential precincts.

Within the built form provisions, a maximum 12m height limit is provided.

It is considered that the proposed development complies with the design objectives and built form provisions of the overlay subject to amendments. The height of the proposed development does not exceed the maximum height limit and it is considered to comply with the relevant neighbourhood character policy. The proposal is considered to be an improvement on the existing condition from a safe and active streets perspective and whilst Council’s Arborist does not support the removal of trees, it is considered that the proposed landscaping will be acceptable.

As noted previously the subject site has a significant slope which the applicant intends to counteract by levelling the internal ground level to a height that provides an equal balance between cut and fill. As stated above, the building will appear as 2.5 storey when viewed from the street due to the sinking of the ground floor below natural ground level.

Due to the slope of the land there are sections where the proposal is well below the permitted height. At its lowest point only the eastern elevation of the building will stand to a height of 7.9m.

The height, scale and bulk of the proposal is considered to respect the valued urban character and preferred future role of the activity centre. There is a large three storey apartment complex at 41 Bay Road and at 49-51 Bay Road “Portofino” which is a 4-5 storey 32 unit complex. Given the context, the scale and bulk of the proposed building will sit comfortably along the streetscape. Planting at ground floor in the front setback will assist with softening any perceived bulk or dominance of the building and assist in reinforcing the garden setting of the area.

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Neighbourhood Character

The neighbourhood character statement of Precinct F1 reads:

Preferred Future Character

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

Precinct Guidelines


To encourage the retention of dwellings that contribute to the valued character of the Precinct in the design of development proposals.

Attempt to retain wherever possible intact and good condition dwellings that contribute to the valued character of the Precinct in designing new development.

Alterations and extensions should retain the front of these dwellings and be appropriate to the building era.

Demolition of dwellings that contribute to the valued character of the Precinct.

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

Retain established trees and vegetation.

Replace any trees removed with species that will grow to a similar height.

Encourage replanting of indigenous sandbelt vegetation.

Prepare a landscape plan to accompany all applications for new dwellings that includes substantial trees and shrubs, and indigenous coastal vegetation.

Lack of landscaping and substantial vegetation.

Removal of trees.

Planting of environmental weeds.

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



Loss of front garden space.

To minimise the loss of front garden spaces and the dominance of car parking structures.

Locate garages and carports behind the line of the dwelling.

Underground car parking accessed from the front of the site should only be provided where other options are not possible due to site constraints, the garage doors do not dominate the façade and the front setback area is retained as predominantly garden space.

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

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

Recess second storey elements from the front façade. High pitched or mansard roof forms with dormer windows.

To respect the identified heritage qualities of adjoining buildings.

Where adjoining an identified heritage building, respect the height, building forms, siting and materials, in the new building design.

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

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

Incorporate a variety of timber or other non-masonry wall materials where possible.

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

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

Provide open style front fences, other than along heavily trafficked roads.

Front fence style should be appropriate to the building era.


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

Articulate the form buildings and elements, particularly front facades, and include elements that lighten the building form such as balconies, verandahs, non-reflective glazing and light-transparent balustrading.

Use a mix of contemporary and traditional coastal materials, textures and finishes, including render, timber, non-masonry sheeting, glazing, stone and brick.

Provide articulated roof forms to create an interesting skyline when viewed from the beach.

Buildings that have no relationship to the foreshore setting.

Poorly articulated roof and building forms.

Highly reflective materials or glazing.

The preferred future character statement calls for dwellings to be set within garden settings with only occasional built form to boundaries, open front fencing and well-articulated buildings. It is considered that the proposal is compliant with these outcomes. The proposal does not include any on boundary walls and exceeds the setback requirements. The front setback and ground floor setbacks can accommodate substantial vegetation and replace the loss of vegetation. Due to the slope of the site the front setback and associated fencing and landscaping will take on an important role in integrating of the development with the street and the streetscape character. As the ground floor is sunken below natural ground level there will be a greater requirement for taller trees in the front setback to ensure they are visible from the street. Whilst much of the front setback will be used as garden space for dwellings it will be planted with three 12m high trees and four 9m high trees. All facades are well articulated and the contemporary design ensures there is visual interest to the street.

An objective of the character policy is to encourage the retention of dwellings that contribute to the valued character of the Precinct in the design of development proposals. Whilst the existing dwelling is considered to contribute to the character of the area, retaining this dwelling on such a large site is considered to be inconsistent with the objectives of Clause 21.11 and its strategic direction to develop larger sites and also State Policy to consolidate land in close proximity to Activity Centres.

Another objective of the policy seeks to maintain and enhance the garden settings of the dwellings, and enhance the bayside vegetation character. The site does have some prominent native and exotic trees with varying retention values. Due to the siting of the building and construction of a basement retention of these trees is difficult. The applicant proposes to transplant two trees. A total of 32 trees ranging from 4.0m to 12.0m in height are to be planted on site. Considering the location of the site the redevelopment of the site with the proposed replanting of 32 trees is considered a reasonable outcome that will retain the garden setting of the area.

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The precinct guidelines also refer to ensuring a spacious visual separation between buildings. This is achieved and the new building does not dominate the streetscape. Along the Bay Road frontage, the building will cover a width of 29m at the front of the site, (73% of the width of the site). However due to the modern flat roof design and the changes in levels between the subject site and the footpath, the building will only have an apparent height from the street of between 8.2m – 9.2m. This includes a third storey that will be setback 10.0m from the front boundary.

Finally, the character policy also encourages new development to reflect the lightness of the streetscape created through the use of a mix of appropriate building materials and finishes and to create a visually interesting and attractive built form interface with the foreshore reserve. The design is contemporary in nature and different to what is commonly seen in the area. In saying this, the site is located in the General Residential Zone and the area will experience a shift in housing density, heights and built form over time as it transitions from low and medium density development to higher density development. The chosen materials are considered to respond to the recommended design outcomes of the policy and the development incorporates a light render and timber to the front façade and glazing and articulation to break up the built form.

Setbacks

As the site is located in the General Residential Zone Schedule 2 (GRZ2) standard ResCode setbacks apply.

Front setback

The proposal is required to provide a front setback that is the average of the neighbouring setbacks. The setback required therefore is 7.2m. The proposal only partially complies with the setback requirement. At ground floor dwelling G08 has a setback of 7.54m (compliant) to the living area and 6.1m (non-compliant) to bedrooms. Dwelling G01 is setback 6.1m (non-compliant). At first floor these setbacks are replicated.

The non-compliant setbacks are considered suitable as the extent of non-compliance is minor and staggered. The neighbouring site to the west has a setback of 8.31m and the neighbour to the east only 6.1m. The applicant has provided a greater setback on the western end of the building and has reduced the setback towards the east to provide a reasonable transition across the width of the front façade. Furthermore, due to the sunken ground floor, the non-compliant built form will have minimal impact on the streetscape.

Side Setbacks

The following table outlines the required and proposed side and rear setbacks. Non-compliant setbacks are underlined.

Ground floor First Floor Second Floor


East 0m or 1.0m 2.0m, 5.22m, 8.3m

1.33m 1.55m, 2.0m, 5.22m

3.0m 3.77m, 6.10m

South 0m or 1.0m 4.62m, 6.12m

1.54m – 2.49m

4.6m, 6.1m 3.53m – 5.89m

7.4m

West 0m or 1.0m 2.7m, 4.7m 1.87m – 2.49m

2.35m, 2.7m 4.39m – 5.49m

4.7m – 7.6m

The building is centrally located and as a result comfortably complies with the setback requirements of Standard B17 of Clause 55.

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Visual Bulk

The development is centrally located on site and sits well below the allowable 12.0m height limit. The extensive setbacks, articulated facades, planter boxes, balustrade screening and use of varying materials will ensure the proposal is responsive to the built form character of the area. The third storey is well recessed to all sides and will be less visible from some sides a due to the slope of the land. It is considered that the development will not present as bulky from any vantage point.

Overlooking

Following the consultation meeting the applicant provided plans showing obscure glazing and screening to heights of 1.7m. These plans have not been formally submitted but do form part of the assessment. The plans demonstrate that at first floor to the east, south and west there will be no overlooking. At second floor there will be obscure screening to a height of 1.7m for the south facing dwellings. Along the eastern elevation, second floor dwellings are outside the 9.0m viewing area of neighbouring private open space areas and habitable room windows. For west facing second floor dwellings the development includes 1.0m high planter boxes that will ensure there are no downward views into neighbouring private open space spaces and any outward overlooking will be greater than 9.0m. Although the section/overlooking plans appear to not be showing windows to the west and therefore it is recommended a condition be included requiring greater clarity on this plan to demonstrate compliance with Standard B22 of the Bayside Planning Scheme.

Overshadowing

The shadow diagrams show there will be some overshadowing to the west at 9am and a minimal amount to the south at midday however as a whole shadows will be compliant with the Standard and Objective of Clause 55.04-5.


Parking rate Required Proposed

4 x 1 bedroom dwelling

1 car space per dwelling

4 car spaces 4 car spaces







Visitor space 1 car space per 5 dwellings


Total 35 car spaces 35 car spaces

Council’s Traffic Engineer does not oppose the layout of the basement and the number of parking spaces provided. There has been an issue raised with regards to the ramp grades and there being no provision for a 2m flat transition between changes in grades. The applicant is seeking to vary this requirement by providing a 1.0m section. Council’s Traffic Engineer’s do not support a non-compliant ramp and this will be addressed through a permit condition.

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There is also some concern with the use of tandem spaces for dwellings G08, 101 and 107 which all require two parking spaces. Whilst Clause 52.06 allows for tandem parking, it is not considered appropriate to apply this arrangement where parking is at a premium in an Activity Centre. Clause 55.03-10 seeks to provide convenient parking for resident and visitor vehicles. It is argued that moving a vehicle from a tandem space to allow the blocked vehicle out in a basement is not convenient or safe for residents. Furthermore there has been issues raised by objectors regarding the lack of car parking and should this development be approved all parking on site must be readily available. For this reason, a condition is recommended to be included on any permit issued requiring removal of the tandem car parking spaces and redesign of the basement to ensure appropriate parking is provided.

VicRoads also assessed the application and provided no objection subject to conditions being included on any permit issued requiring a new crossover to align with the ramp to the basement and to be to the satisfaction of VicRoads.


Council’s Arborist has inspected the site and reviewed the plans and does not support the application. This is largely due to the removal of the large Syzigium Paniculatum (Lilly Pilly) located towards the south-east corner of the site. Council’s Arborist has noted that the tree is one of the largest in the immediate area and contributes to the amenity of the area. Its health is generally good with evidence of minor possum predation and some salt wind damage. The proposed built form does not allow for the retention of the tree and conditions cannot be applied to retain it. The Arborist also commented that the large liquidambar in the front setback is not in good condition and can be removed. The Arborist concludes that the extent of vegetation lost with limited opportunities to replant means that the proposal cannot be supported given the substantive loss of canopy cover.

Whilst there are some trees on site that have amenity value and are worthy of retention, the strategic location of the site encourages higher density developments in Major Activity Centres. Retention of trees that are not protected by the Bayside Planning Scheme minimise overarching urban consolidation principles.

The Bayside Planning Scheme assists in providing direction for decision making for such sites as it acknowledges the need to find a balance between retention of vegetation and allowing for larger scale development. In this case, policy provides for a heightened importance for development. While there is a loss in amenity due to the removal of vegetation at the rear of the site, a condition on any permit to be issued should require substantial vegetation to be planted at the rear of the site being at least one canopy tree to dwellings G03, G04 and G06. Currently 5.0m high Burgundy Willow Myrtles are proposed however the condition will require minimum 8.0m high canopy trees. Further to assist with the ability for landscaping to grow on site, a condition will require the site coverage be reduced to 60% from the currently proposed 62%. Furthermore due to the location and footprint of the basement details on soil volumes will need to be provided to ensure there is enough soil and space for trees to grow.

The proposal also seeks approval for the removal of a Melaleuca linariifolia (Snow in Summer). The existing crossover is located 2.4 metres from the tree’s stem and to successfully retain this tree there should be no excavation within 3 meters from the tree’s stem at ground level. This tree does not meet the criteria for removal under the Street and Park Tree Management Policy (2012) Objective 5 and therefore due the required widening of the crossover by VicRoads the tree is required to be removed. Should the Planning and Amenity Committee support its removal it is recommended a condition be included on any permit issued requiring an amenity off-set payment.

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Private Open Space

The private open space for each dwelling is noted below:

Ground First Second

Dwelling G01 49m² Dwelling 101 15m² Dwelling 201 56m²





Dwelling G06 89m² Dwelling 106 8m²



Dwelling 109 16m²

Each dwelling is provided with adequate levels of secluded private open space in accordance with the provisions of Standard B28 of the Bayside Planning Scheme that will provide for the services and recreational needs of residents.

Waste Management

The applicant has provided a waste management plan that states collection will be private and in the basement via a mini loader. This is considered to be satisfactory.


Noise impacts from the ramp and basement

It is considered that in the context of the a Road Zone, Category 1, the vehicle movements to/from the site will not generate excessive noise.

Lack of landscaping along the eastern boundary

The proposed landscaping along the ramp will reach a height of 4.0m, double the height of the boundary fence and is therefore considered adequate. Furthermore, the landscaping in front of the ramp and along the eastern boundary next to dwelling G02 includes six x 5.0m high trees consisting of Crepe Myrtles and Purple Jewel Prunus.

Damage caused to properties due to excavation required for the construction of the basement

The appropriate building permits and insurances will be required to be detailed by the developer to ensure the basement is constructed in accordance with building regulations and without causing damage to neighbouring properties,

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Noise and air pollution during construction

This will be addressed through a condition on any permit to be issued requiring a construction management plan and the developer must operate in compliance with EPA guidelines.

Drainage and soil issues in the area

Council’s Drainage Engineer does not object to the proposal subject to standard conditions. Whilst the land does slope and there may be sandy soil on site, retaining walls and appropriate drainage systems will be used to avoid flooding or soil slippage in the area.

CONCLUSION

The subject site is located within the Sandringham Village activity centre where increased residential densities and heights are allowed. It is considered that the proposed development responds to this and the design objectives and built form requirements of DDO8. The proposed development provides an acceptable outcome from a neighbourhood character perspective with sufficient areas of landscaping, including canopy trees.

RECOMMENDATION

That Council having caused notice of Planning Application No. 2015/236/1 to be given under Section 52 of the Planning and Environment Act 1987 and having considered all the matters required under Section 60 of the Planning and Environment Act 1987 decides to Issue a Notice of Decision to Grant a Permit under the provisions of the Bayside Planning Scheme in respect of the land known and described as 88 Bay Road Sandringham for the construction of a three storey building with basement containing 22 dwellings and alterations to an access to a Road Zone, Category 1 in accordance with the plans date stamped 30 April 2015 subject to the following conditions, including the specified conditions set out in the Council’s “Town Planning Standard Conditions” adopted by the Council on 28 November 2006:-

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

a) A landscape plan in accordance with Condition 10 of this planning permit. b) Visibility splays provided in accordance with Design Standard 1 of Clause 52.06-8 of

the top of the basement ramp. c) Amendments to plans in accordance with conditions 22 of this permit. d) Plans demonstrating no overlooking in accordance with Standard B22 of Clause 55 the

Bayside Planning Scheme and in accordance with the concept plans submitted to Council on 18 August 2015. The section plans on TP09 (a) dated 16/4/15 must accurately demonstrate neighbouring windows and that planter boxes adequately comply with Standard B22.

e) The use of varying screening materials/methods for the second floor south elevation to break up the dominance of frosted glass balustrade to dwelling 203 and in front of bedrooms of dwelling 204 and to maintain compliance with Standard B22 of the Bayside Planning Scheme.

f) The site coverage reduced to a maximum of 60%. g) The use of a different material to all elevations to the second floor to provide some

distinction from the first and ground floors.

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h) Removal of tandem car spaces with no increase in basement size and no reduction in parking numbers. This might require the use of stackers.

i) Longitudinal plan showing ramp grades in accordance with Clause 52.06 of the Bayside Planning Scheme.

j) Details of the front fence and reduce the height of the fence to ensure no part exceeds a height of 2.0m.

k) Notations/details to ensure there is no overlooking from the pedestrian ramp to the G08 habitable rooms.



4. Before development commences (including demolition) the applicant must pay $13,831.58 to the Responsible Authority for the removal and replacement of the existing street tree. This amount has been determined in accordance with Councils current policy for the removal of street tree. This amount may be increased by the Responsible Authority if an extension of time to commence work is granted and the amenity value of the street tree has increased. The Responsible Authority, or a contractor or agent engaged by the Responsible Authority, must undertake the removal and replacement of the street tree. Any replacement planting will be at the discretion of the Responsible Authority.

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

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

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

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

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

development; c) Surfaced with an all-weather-seal coat; d) Drained; e) Line marked to indicate each car space and all access lanes; and f) Signed and allocated to dwellings and visitors accordingly.

To the satisfaction of the Responsible Authority.


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

a) All site facilities will be located on site during the construction period; b) All waste material not required for further on-site processing will be regularly removed

from the site. All vehicles removing waste must have fully secured and contained loads so that no wastes are spilled or dust or odour is created to the satisfaction of the Responsible Authority.

c) All storage areas/external stockpiles/vacant areas must be covered and maintained to avoid dust nuisance to any residential area and to prevent escape into the stormwater system to the satisfaction of the Responsible Authority.

d) The amount of mud, dirt, sand, soil, clay or stones deposited by vehicles on the abutting roads is minimised when vehicles are leaving the site. A truck wheel-wash must be installed and used so vehicles leaving the site do not deposit mud or other materials on roadways to the satisfaction of the Responsible Authority.

e) Control of noise and airborne matter, deliveries, vehicle access, worker car parking, damage to public assets, and contact numbers for complaints.

f) No water containing oil, foam, grease, scum or litter to be discharged to the stormwater drainage system from the site;

g) No mud, dirt, sand, soil, clay or stones are washed into, or are allowed to enter the stormwater drainage system;

h) The site is developed and managed to minimise the risks of stormwater pollution through the contamination of run-off by chemicals, sediments, animal wastes or gross pollutants in accordance with currently accepted best practice.

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

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

The plan must show:

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

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

c) Details of surface finishes of pathways and driveways d) A planting schedule of all proposed trees, shrubs and ground covers, including

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

e) Landscaping and planting within all open areas of the site f) A canopy tree to reach a minimum height of 8.0m at maturity at the rear of each of

dwellings G03, G04 and G06. g) A canopy tree to reach a minimum height of 8.0m at maturity in the western SPOS

of dwelling G07. h) Details on soil volumes to demonstrate that canopy trees will have sufficient soil

levels to grow

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

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

11. The landscaping shown on the endorsed plans must be maintained to the satisfaction of the Responsible Authority, including that any dead, diseased or damaged plants are to be replaced.

12. Before the development (including demolition) starts, a tree protection fence must be erected around the street trees to the edge of the nature strip in front of the site to define a ‘Tree Protection Zone’. The fence must be constructed of star pickets and chain mesh or similar to the satisfaction of the Responsible Authority. The tree protection fence must remain in place until construction is completed.

13. The ground surface of the Tree Protection Zone must be covered by a 100 mm deep layer of mulch before the development starts and be watered regularly to the satisfaction of the Responsible Authority.

14. No vehicular or pedestrian access, trenching or soil excavation is to occur within the Tree Protection Zone without the written consent of the Responsible Authority. No storage or dumping of tools, equipment or waste is to occur within the Tree Protection Zone.

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

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

17. Any subsurface water captured on the site must be treated in accordance with Council’s Policy for ‘Discharge of Pumped Subterranean Water Associated with Basements or Below-Ground Structures’.

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

19. All on−site stormwater is to be collected from the hard surface areas and must not be allowed to flow uncontrolled onto adjoining properties. The on-site drainage system must prevent discharge from each driveway onto the footpath. Such a system may include either:

a) A trench grate (150mm minimum internal width) located within the property; and/or b) Shaping the driveway so that water is collected in a grated pit on the property; and/or c) Another Council approved equivalent.


21. The driveway / Parking areas / paved courtyards / paths and 'pervious' pavements must be graded / drained to prevent stormwater discharge onto the front footpath and into adjacent properties.

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VicRoads

22. Before development commences, amended plans must be submitted to and approved by the Roads Corporation. When approved by the Roads Corporation, the plans may be endorsed by the Responsible Authority and will then form part of the permit. The plans must be drawn to scale with dimensions and two copies must be provided. The plans must be generally in accordance with the plans (Ground Floor Plan, Drawing No TP02 prepared by Finnis Architects) submitted to our office but modified to show:

i. Crossover width on Bay Road upgraded to align with the basement access into the site to provide a minimum of 6.0 metres width crossover.

ii. Appropriate swept path analysis to demonstrate that appropriate design vehicles can enter and exit the site from Bay Road concurrently

23. The crossover and driveway are to be constructed to the satisfaction of the Responsible Authority and at no cost to the Roads Corporation prior to the commencement of the use hereby approved.

24. Driveways must be maintained in a fit and proper state so as not to compromise the ability of vehicles to enter and exit the site in a safe manner or compromise operational efficiency of the road or public safety (eg. By spilling gravel onto the roadway), to the satisfaction of the Responsible Authority.

25. No work must be commenced in, on, under or over the road reserve without having first obtaining all necessary approval under the Road Management Act 2004, the Road Safety Act 1986, and any other relevant Act or regulations created under those Acts.




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




Permit Notes Build over easement

There is no easement within the property although records suggest there is a sewer drain at the rear of the property. Nothing is proposed but for any future proposals, building over or near this asset will require approval from the Responsible Authority as part of the Building Permit process.

Permits to be acquired

Construction of any fence/ wall/ letterbox structures may necessitate removal/ damage of some sections of footpath. If this is the case, a ‘Road Opening Permit’ must be obtained to facilitate such work.

A ‘Road Opening/ Stormwater Tapping Permit’ is to be obtained from the Infrastructure Department prior to the commencement of the connection to the Council drain/ kerb/ channel.

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TWO OR MORE DWELLINGS ON A LOT AND RESIDENTIAL BUILDINGS (CLAUSE 55)

Complies with Standard?

Comments


Yes See report.


Yes See report.


Yes The proposal provides a range of one, two and three bedroom dwellings.


Yes


Yes Dwellings G01 and G08 provide a suitable level of integration with the street considering they are sunken below footpath level. Dwellings 101 and 109 at first floor have a more direct interface with the street and provide an articulated façade with balconies and habitable rooms facing the street providing passive surveillance.


No

See report.

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Yes See report.


No Required: <60% Proposed: 62%


Yes Required: >20% Proposed: 21.7%


Yes Whilst northern solar access is not provided to all main living areas this is unavoidable in a development of this size orientation solar panels will be provided on the roof to reduce reliance on fossil fuels.


N/A N/A


Yes


Yes See report.

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Yes See report.


No All resident and visitor car spaces are appropriately located. A condition is recommended requiring the parking layout in the basement to be altered to be more convenient.


Yes See below.

Ground floor First Floor Second Floor


East 0m or 1.0m 2.0m, 5.22m, 8.3m

1.33m 1.55m, 2.0m, 5.22m

3.0m 3.77m, 6.10m

South 0m or 1.0m 4.62m, 6.12m

1.54m – 2.49m

2.9m , 4.6m, 6.1m

3.53m – 5.89m

4.6m, 5.3m

West 0m or 1.0m 2.7m, 4.7m 1.87m – 2.49m

2.35m, 2.7m 4.39m – 5.49m

4.7m – 5.6m


N/A


Yes Complies.


Yes Complies.

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Yes See report.


Yes See report.


Yes Complies, subject to conditions.


Yes Complies.


Yes Complies.


Yes Complies.


Yes Complies.


Yes Complies.


Yes Complies.


Yes Complies.


Yes Complies.

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No A small section of fence exceeds 2.0m in height and this can be addressed through a condition.


Yes Complies.


Yes Complies.

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4.5

386 Hampton Street, Hampton Notice of Decision to Grant an Amended Permit Application No: 2009/557/4 Ward: Central


File No: 2009/557/4

APPLICATION DETAILS

Land/Address: 386-388 Hampton Street, Hampton

Application is for: Amendment to previous approved planning permit allowing construction of a four (4) storey building comprising a shop and dwellings and associated reduction in car parking requirements.

Melway Reference: 76/G6

Ward: Central Ward


Applicant's/Owner's Name: Area Design

Date Received: 25 May 2015


Zoning: Commercial 1 (C1Z)

Overlays: Design and Development Schedule 12 (DDO12)

Under what clause(s) is a permit required? Clause 34.01-4 (C1Z Carrying out of works)

Clause 43.02-2 (DDO12 Carrying out of works)

Clause 52.06-3 (Reduce the number of car parking spaces)


Current use and development: Development currently under construction.

Objections: Eight (including a petition containing 1,826 signatures)

PROPOSITION

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

PROPOSAL

It is proposed to construct an additional one storey above the previously permitted four storey building. This additional storey will contain one dwelling consisting of three bedrooms, plus open plan living/dining/kitchen area. No additional car parking is proposed on-site and hence a further reduction in the required car parking rate is sought.

To accommodate this additional storey, the applicant proposes to amend the previously permitted lower levels of the building by amending the design of the building and also amending some setbacks.

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The site is irregular in shape with a frontage to Hampton Street of 9.1m and an overall area of 424m². The site currently contains the frame of the previously permitted four storey building.


The adjoining property to the north is a double storey commercial premise.

The adjoining property to the south is a single storey food and drink premises (The Brown Cow Café)

To the east of the site is the Sandringham railway line.

Opposite the site are a mixture of single and double storey commercial premises.

PERMIT/SITE HISTORY

Title and Covenants The applicant has submitted a copy of title for the subject site, issued by the titles office on 26 August 2013. The title is not subject to any covenants or restrictions.

Background Planning Permit No. 2009/557/1 was issued by Council on 30 March 2010 for “Construction of a three (3) storey building comprising a shop and six (6) dwellings and associated reduction in car parking requirement”. There were three objectors to this application and the reduction in car parking sought was for 10 commercial car spaces.

Planning Permit No. 2009/557/2 was issued under delegation on 30 April 2010 for “Construction of a four (4) storey building comprising a shop and dwellings and associated reduction in car parking requirements”. There were no objectors to this application and the reduction in car parking sought was for 3 resident car spaces.

Planning Permit No. 2009/557/3 was issued under delegation on 2 March 2012 for “Construction of a four (4) storey building comprising a shop and dwellings and associated reduction in car parking requirements”. This amendment was a minor amendment to allocate car spaces to the dwellings and did not require advertising.

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PUBLIC NOTIFICATION



Placing a sign on site fronting Hampton Street.

The notification has been carried out correctly and Council has received eight objections to date including a petition containing 1,826 signatures. The key issues that were raised by objectors are:

Impact on views.

Excessive height.

Precedent for other developments.

Insufficient car parking.

Inadequate waste collection.

Lack of landscaping.

Lack of compliance with strategic planning policy.

Impact on adjoining properties.

Impact on streetscape character.

Previous planning and building permit breaches.

Encroachment over the public footpath.

Poor quality architectural design.

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Locality Plan

Legend

Subject Site

Objector

Five objectors were located further away beyond the map boundary, including the head petitioner.

CONSULTATION

The applicant declined an invitation to a consultation meeting as they considered it unlikely to be beneficial given the number of objectors.

REFERRALS

External Referrals/Notices by the Planning Scheme:


Response

VicTrack (Section 52) No objection, subject to conditions.


Traffic Engineer Not supported.

Urban Designer Supported.

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ASSESSMENT



















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Zone


A planning permit is required pursuant to Clause 34.04-4 to construct a building or construct or carry out works.

Overlays

Clause 43.02 Design and Development Overlay Schedule 12 – Aims to ensure that the height of new development is compatible with the preferred future role and character of the Hampton Street Major Activity Centre. To develop the centre in a way that conserves and enhances its valued urban character and heritage places. To ensure that new development contributes to safe and active streets. To maintain a strong landscape character with residential buildings set within vegetated front gardens and streetscapes in the residential precincts. To recognise the redevelopment potential of the Willis Street Precinct.

A planning permit is required pursuant to Clause 43.02-2 to construct a building or construct or carry out works.



Planning permission is required pursuant to this provision for a reduction in the required car parking rate.

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Clause 52.07 Loading and Unloading of Vehicles - To set aside land for loading and unloading commercial vehicles to prevent loss of amenity and adverse effect on traffic flow and road safety.


Clause 52.35 Urban context report and design response for residential development of five or more storeys – To ensure that an urban context report is prepared before a residential development of four or more storeys is designed and that the design responds to the existing and preferred future development of the area.

General Provisions




As this is an amendment application to an existing permit Council’s consideration is solely limited to the amendments sought. The four storey development approved under Planning Permit 2009/557/3 can be constructed without requiring further planning permission.

Building height

The site is located within the Hampton Major Activity Centre and is nominated as being with a ‘Key Focus Residential Growth’ area as per Council’s Housing Strategy and Clause 21.02. Planning permits for five storey buildings along Hampton Street have previously been granted at 427 and 427-455 Hampton Street, both sites being approximately 450m north of the subject site. The vision of the Hampton Street activity centre and particularly the C1Z land in terms of height are outlined within Council’s Housing Strategy, Clause 21.11-4 and DDO12 and generally relate to respecting the heritage character and scale of the existing streetscape.

Pursuant to Clause 21.11-4 and DDO12 the site is nominated as having a preferred height limit of 4 storeys/13.5m. The proposal provides for a height of 5 storeys/15.9m.

DDO12 does however specifically allow for developments to exceed the preferred building height limit if they can identify how the design objectives and built form outcomes are achieved and demonstrate: a) A high standard of architectural design.

b) Innovative environmental design.

c) Minimal overshadowing of adjoining streets, public spaces and residential properties.

d) Minimal impact on the amenity of adjoining residential precincts.

e) Respect for place subject to the Heritage Overlay.

f) Transitions in scale to lower built form.

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Of these points, a), b) and c) are considered to be of key importance in determining whether the additional height is justified. Point d) does not apply as the site does not adjoining a residential precinct. In terms of point e) the adjoining properties are not covered by a Heritage Overlay, though those properties directly opposite are covered by the Heritage Overlay 748 (Hampton Street Precinct). It is considered there are no heritage issues associated with the proposal. In terms of point f) the proposed development is not considered to impact on the heritage significance of the broader precinct as it proposes a three storey street wall which respects the existing characteristics. The sites immediately to the north, south and west are earmarked for four storey development under Clause 21.11-4 and DDO12, whilst to the east is the Sandringham railway line. Thus it is considered that the proposal provides an appropriate transition in scale to lower built form if they were to be developed in accordance with the provisions of Clause 21.11-4 and DDO12.

In terms of point a), reliance is placed on the comments provided by Council’s urban designers. The building design has been through a number of iterations to the point where Council’s urban designers believe the proposal is of a high quality and sets a positive benchmark. More specifically Council’s urban designers have stated that the materials used represents a visually interesting and high quality solution… a stronger horizontal datum has been established in the parapet which allows the setback upper levels to read as clearly recessive and distinct. The enhancements to the street wall more broadly are to be commended and in summary state that we are satisfied that the proposal has provided sufficient detail to warrant approval under the key tests of the Hampton Street Centre DDO12.

It is considered that the proposed development represents an improvement on the currently approved proposal. From a streetscape character perspective, it is therefore considered that the proposed five storey development represents a better outcome than the currently permitted four storey development.

In terms of point b), subject to conditions the applicant proposes to provide a photovoltaic array on the rooftop and a ‘cool roof’ through the use of a reflective white surface. Additionally, photochromic film has been applied to the east and west facing glazing to further improve the energy efficiency of the building. Thus it is considered that the proposal satisfy the ESD requirements of DDO12 through both passive and active measures.

In terms of point c), the additional overshadowing that will be caused by the proposed fifth storey is minimal. It is important to note that DDO12 only refers to overshadowing of adjoining streets, public spaces and residential properties and not commercial properties. In terms of Hampton Street, the additional overshadowing will be limited to the morning period and this level of additional overshadowing is not considered to be significance and as summarised by Councils urban designers of limited consequence to the reasonable enjoyment of sunlight within Hampton Street. No residential properties will be overshadowed by the proposed development.

It is acknowledged that the food and drink premise immediately to the south of the site will experience some additional overshadowing, however the additional overshadowing will be minor in the context of the overshadowing already permitted and be confined to the morning and noon periods. Whilst additional overshadowing of this property will occur, consideration as to the extent of overshadowing is not required under the DDO12, Commercial 1 Zone or through the Guidelines for Higher Density Residential Development. This is due to these documents only requiring consideration to be given to the public realm and residentially zoned properties. For adjacent commercial properties, consideration is considered to revolve around equitable development principles, which the proposal is considered to adequately address through the use of party-walling, orientation of dwellings and light well proportions.

In summary, it is considered that by redesigning the building in totality the additional height is justified on the basis of the DDO12 criteria and would represent an improvement to the streetscape over the currently permitted proposal.

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Setbacks

At ground floor level the setbacks remain as previously approved, whilst at first and second floor level the proposed setbacks are as per the approved plans except that a small setback provided on the southern boundary next to the lift has been deleted. The addition of building form within this setback is of little consequence from an amenity or equitable development perspective.

At third floor level the approved plans previously provided a street setback of 3.3m with a balcony setback of 1.2m. The proposed plans have a minimum street setback of 3.1m in a curvilinear form with no setback of the balcony from the street. It is acknowledged that DDO12 states that at third floor level or above buildings should be setback a minimum of 5 metres from the street. Given the development has previously been permitted with a 3.3m setback, the proposed additional 200mm encroachment is considered to be of little consequence given its curvilinear form.

To the northern side there is no amendment to the side setbacks, whilst to the south the only amendment relates to the deletion of the previously provided setback next to the lift as per the first and second floor level. To the eastern rear an additional bedrooms is provided which will intrude into the previously provided setback by 3.5m. This bedroom is provided in a similar manner to first and second floor level. The inclusion of this bedroom is considered to be of little consequence from an amenity or equitable development perspective.

At fourth floor level the building is setback 6.7m from the street, however a curvilinear architectural element mimicking the third floor built form is provided which is setback 3.1m. This is considered to be acceptable given it is an architectural design feature which is exempt from the 5m requirement under DDO12.

Car parking

The permitted development provides for:

No. of dwellings/ floor area

No. of car spaces required

No. of car spaces proposed

Car parking shortfall

Residential 9 one and two bedroom

9 6 -3

1 visitor car space 0 -1

Commercial 118m² shop 4 2 -2

-6

The proposed development provides for:

No. of dwellings/ floor area

No. of car spaces required

No. of car spaces proposed

Car parking shortfall

Residential 9 one and two bedroom

9 6 -3

1 three bedroom 2 0 -2

2 visitor car space 0 -2

Commercial 94.86m² shop 3 2 -1

-8

As the floor area of the retail shop has been reduced so as to only require 3 car spaces, the net further reduction in car parking sought is 2 car spaces.

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The applicant has provided a traffic report which provides an overview of parking availability within the immediate area which includes the Thomas Street and Crisp Street public car parks. The parking surveys were done over three week days and one Sunday and indicate that the minimum number of parking spaces available was 43. Council’s traffic engineer has objected to the proposed parking waiver.

The waiver of one additional resident visitor car space is considered acceptable. Peak resident visitor demand is during the evenings and on weekends, as compared to commercial premises which typically have a weekday peak parking demand. Considering the availability of parking within the immediate area, it is considered that when assessed against the decision guidelines of Clause 52.06 the waiver of one additional resident visitor car space is acceptable.

The waiver of two resident car spaces is considered acceptable because of the sites location and proximity to public transport. The site is located 150m walking distance from Hampton railway station, with bus routes, 708 (Carrum – Hampton), 828 (Hampton – Berwick Station) and 922 (Southland SC – St Kilda Station) also within 150m walking distance of the site.

However, it is considered appropriate to provide (via way of condition) that rather than 2 commercial and 6 resident car spaces be provided, that 1 commercial and 7 resident car spaces be provided with the additional resident car space allocated to the three bedroom dwelling. Thus the permitted shortfall total would be 2 commercial car spaces, 4 resident car spaces and 2 resident visitor car spaces.

Matters raised by objectors

Issues raised by objectors that have not been addressed in the assessment above, are discussed below.

Impact on views

There is no enshrined right to a view, with the Guidelines for Higher Density Residential Development instead providing objectives and design suggestions around preventing overlooking and providing passive overlooking of public areas. Given the provisions of DDO12 it is considered that the proposed height is acceptable and will not stand out within the streetscape.

Precedent for other developments

Any application made which is above the preferred height limit will be assessed on an individual basis against the relevant provisions of the Bayside Planning Scheme.

Inadequate waste collection

Conditions on the permit already granted require the provision of a waste management plan before occupation of the development commences. An additional part to this condition has been added specifying that waste collection must be via private means and carried out within the site boundaries.

Lack of landscaping

There is no landscaping currently on-site or proposed as part of the currently approved development. No landscaping is proposed as part of the revised proposal and this is considered to be appropriate in a commercial context.

Previous planning and building permit breaches

It is acknowledged that the development has previously been the subject of investigations regarding potential planning and building non-compliances. The applicant does however have a valid planning permit which they may act on and the proposal has been assessed, as is required, on the basis that the applicant will comply with the permit and all conditions imposed.

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Encroachment over the public footpath

The encroachment over the public footpath was previously permitted and this proposal does not seek to alter this encroachment.

CONCLUSION

The proposed amendment seeks the construction of an additional fifth storey and a further reduction in the required parking rate, coupled with a revised building design and revised building setbacks. It is considered that when assessed against the provisions of DDO12 and Clause 52.06 the proposal represents both an appropriate outcome and a superior outcome to the currently permitted development. Accordingly, approval is recommended.

RECOMMENDATION

That Council having caused notice of Planning Application No. 2009/557/4 to be given under Section 52 of the Planning and Environment Act 1987 and having considered all the matters required under Section 60 of the Planning and Environment Act 1987 decides to Issue a Notice of Decision to Grant an Amended Permit under the provisions of the Bayside Planning Scheme in respect of the land known and described as 386-388 Hampton Street, Hampton, for the Construction of a five storey building containing a shop and 10 dwellings, a reduction in the required car parking rate and waiver of the loading and unloading of vehicles requirement in accordance with the application plans and subject to the following conditions:-

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

Condition 15 of this permit. b) All first and second floor windows facing Hampton Street double glazed. c) A reflective white roof surface provided. d) Six of the two bedroom dwellings provided with one car space each, the three

bedroom dwelling provided with one car space and the commercial premise provided with one car space.

2. The development as shown on the endorsed plans must not be altered without the prior written consent of the Responsible Authority, unless the changes are exempt under the Bayside Planning Scheme.


4. A certificate of environmental audit must be issued for the land in accordance with Part IXD of the Environment Protection Act 1970, or an environmental auditor appointed under the Environment Protection Act 1970 must make a statement in accordance with Part IXD of that Act that the environmental conditions of the land are suitable for the sensitive use.

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5. Before the development is occupied, a waste management plan must be submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed and will then form part of the permit. Three copies of the plan must be submitted. The plan must include but is not limited to:

i. The times during which waste will be collected; ii. Provision on the land for the storage and collection of garbage and other solid waste.

This area must be graded and drained and screened from public view to the satisfaction of the Responsible Authority.

iii. Collection to be via private contractor and undertaken entirely within the site boundaries.

The waste management plan must be implemented to the satisfaction of the Responsible Authority. The waste management plan must not be modified unless with the consent of the Responsible Authority.

6. Prior to the commencement of any works, a construction management plan shall be submitted to and approved by the Responsible Authority. The construction management plan must address, but is not limited to:

i. hours of construction, control of noise and airborne matter, deliveries, vehicle access, worker car parking, damage to public assets, and contact numbers for complaints;

ii. provision of a truck wheel-wash so that vehicles leaving the site do not deposit mud or other materials on roadways;

iii. the covering and maintenance of all roads/storage areas/external stockpiles/vacant or grazed areas to avoid dust nuisance to any residential and commercial premises;

All works must accord with the approved construction management plan to the satisfaction of the Responsible Authority.

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

8. All works on or facing the boundaries of adjoining properties must be finished and surface cleaned to a standard that is well presented to neighbouring properties in a manner to the satisfaction of the Responsible Authority.

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

a) constructed b) properly formed to such levels that they can be used in accordance with the plans c) surfaced with an all-weather-seal coat d) drained e) line marked to indicate each car space and all access lanes f) clearly marked to show the direction of traffic along access lanes and driveways

to the satisfaction of the Responsible Authority.


10. Before the occupation of the development starts, a traffic and parking management plan to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority.

11. Plans for the construction of the outfall drain must receive Bayside City Council approval prior to the commencement of the development.

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12. Any paved courtyards / paths must be graded/ drained to prevent stormwater discharge into adjacent properties.

13. Any seepage / agricultural drainage water must not be discharged directly to the kerb/channel.

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

15. Before the commencement of works, detailed plans to the satisfaction of the Responsible Authority must be submitted to and be approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be in accordance with the guidelines outlined in Clause 22.10 of the Bayside Planning Scheme and must show:

a) The type of water sensitive urban design stormwater treatment measures to be used; b) The location of the water sensitive urban design stormwater treatment measures in

relation to buildings, sealed surfaces and landscaping areas; c) Design details of the water sensitive urban design stormwater treatment measures,

including cross sections;

These plans must be accompanied by a report from an industry accepted performance measurement tool, which details the treatment performance achieved and demonstrates the level of compliance with the Urban Stormwater Best Practice Environmental Management Guidelines, CSIRO 1999.

The water sensitive urban design stormwater treatment system as shown on the endorsed plan must be retained and maintained at all times in accordance with the Urban Stormwater - Best Practice Environmental Management Guidelines, CSIRO 1999, to the satisfaction of the Responsible Authority.


17. All railway infrastructure (including overhead power and supporting infrastructure for trains) must not be interfered with or damaged during the construction period. Any damage to railway infrastructure as a consequence of the construction period must be rectified to the satisfaction of VicTrack and the Rail Operator at the full cost of the permit holder.

18. All reasonable steps must be taken to ensure that there is no disruption of train services. Any foreseen disruption to the rail operation during the construction period requires the approval of Metro Trains Melbourne.

19. No entry onto railway land is permitted without the written consent of the rail operator and the common boundary with VicTrack land must be fenced at the owner’s expense to prohibit access to the rail corridor.

20. Prior to commencement of works, the Rail Operator must be contacted through the email address [email protected] to obtain the Rail Operator’s agreement, conditions and safety requirements for works on, over or adjacent to railway land.

21. No drainage or effluent must enter VicTrack land and must be connected to the legal point of discharge.

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mailto:[email protected]



22. No excavation, filling or construction must take place on the common boundary between the subject land and VicTrack land without the prior approval of VicTrack and the Rail Operator.

23. Any damage to the Rail Operator’s infrastructure as a consequence of the construction works must be rectified to the satisfaction of the Rail Operator at full cost of the Permit Applicant.

24. No waste, soil or other materials from the works are to be stored or deposited on VicTrack land.

25. All works, including hoardings, must be undertaken within the subject land and must not encroach onto VicTrack land.

26. No lighting is to be erected (permanent or temporary) that spills light onto the railway tracks or which interferes with the visibility of signals and rail lines by train drivers.

27. Building materials (including glass/window treatments) along the rail corridor must be non-reflective and avoid red and green colour schemes that may interfere with driver operations.

28. The development, including construction works, must comply with the Electrical Safety Act 2009, the Electrical Safety Regulations 2009 or any updated regulations.








Permit Notes

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

Reticulated sewerage must be provided to the requirements of the Sewerage Authority.

Prior to commencement of any building works, an Asset protection Application must be taken out. This can be arranged by calling Council’s Asset Protection Administrator on 9599 4444.

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Date Amendment

18 October 2010

Amended permit, Section 72, as follows: Rewording of the permit preamble to read: “Construction of a four (4) storey building comprising a shop and dwellings and associated reduction in car parking requirements” Inclusion of the following conditions:

1(d) The specifications of the car stacker system proposed.

1(e) Swept path diagrams for the ingress and egress of the car stacker system for an average vehicle.

23 February 2012 Section 72 amended plans for the following:

Amendment to the note allocating the car spaces in the stacker to reference the approved Plan of Subdivision PS 638463A to formally allocate the car spaces to tenancies within the development.

30 October 2013 Amendment to the endorsed plans under Secondary Consent:

The reduction in the finished floor heights of the rear units at all levels (203, 303, 403) including the car stacker to match the finished floor levels of the front apartments and remove the ‘step’ in the building. There is no change in the overall height of the building.

Alterations to the lift stair core to reflect the changes to the rear finished floor levels

13 February 2015 Extension of time granted to allow development to finish by 30 August 2015.

17 September 2015 Extension of time granted to allow development to finish by 30 August 2016.

13 October 2015 Section 72 amendment to the planning permit preamble:

Reference a five storey building, ten dwellings and a waiver of the loading and unloading of vehicles requirement.

Section 72 amendment to the planning permit conditions:

Condition 1 and subsequent sub-parts amended to reference the amendment application plans.

Condition 6iii) added.

Conditions 17 to 28 added and remaining condition renumbered accordingly.

Condition 29 amended to reflect the changes made to Section 69 of the Planning and Environment Act 1987.

Section 72 amendment to the endorsed plans showing:

Provision of a fifth storey.

Revised building design.

Revised second, third and fourth storey setbacks.

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4.6

34 Dendy Street, Brighton Notice of Decision to Grant a Permit Application No: 2014/317/1 Ward: Central


File No: 2014/317/1

APPLICATION DETAILS

Land/Address: 34 Dendy Street, Brighton

Application is for: Construction of two double storey dwellings

Melway Reference: 76/E1

Ward: Central Ward


Applicant's/Owner's Name: Finley Roberts Design Pty Ltd

Date Received: 28 May 2014 (amended plans received 12 December 2014)

Statutory Days Expiry: 15 May 2015

Zoning: Neighbourhood Residential Zone, Schedule 3 (NRZ3)

Overlays: Design and Development Overlay, Schedule 3 (DDO3)

Under what clause(s) is a permit required? Clause 32.09-5 – Construction of two dwellings on a lot


Current use and development: Residential dwelling

Objections: Seven

PROPOSITION

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

PROPOSAL

It is proposed to construct two double storey dwellings on a lot. Dwelling 1 will front Dendy Street with dwelling 2 located at the rear of the property. The dwellings will comprise of the following:

Dwelling 1

A ground level living room, bedroom with ensuite and WIR, study, kitchen and family room to the rear with access onto a private open space.

Three first floor bedrooms with two associated bathrooms, a WIR, study and rumpus room.

Vehicle access is provided from Dendy Street to a double garage with space for a third car in the driveway.

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Dwelling 2

A ground level living room, study, bedroom, bathroom and combined dining and kitchen areas with access to secluded private open space.

Three first floor bedrooms with an associated bathroom, study nook and rumpus room.

Vehicle access is provided from Dendy Street via a driveway along the eastern boundary. A double garage is provided with a turning bay to enable cars to exit in a forwards manner.

The dwellings will be finished in rendered masonry at ground and first floor levels and feature pitched, tiled roofing.

Both dwellings will stand to a maximum height of 8m measured from natural ground level.

A 1.2m high brick pier fence with aluminium infill panels is proposed across the front of the site.



The site is located on the southern side of Dendy Street and accommodates a two storey, detached dwelling setback approximately 18.5m from the front property boundary. The site is rectangular in shape having a frontage of 18.29m, depth of 50.29m and total site area of approximately 917m².

Existing fencing includes palings to a height of 2.5m along the western property boundary, 2m high palings along the southern boundary and 2.3 – 2.5m high palings along the eastern boundary.

There is no significant vegetation on the site.


Across Dendy Street to the north of the site is a single storey detached dwelling at No. 37, a two storey detached dwelling at No. 39 and a two storey detached dwelling at No. 41;

The site adjoins 7 Wallace Grove to the south accommodating a detached two storey dwelling;

The St Joan of Arc School is located to the west of the site at 30 – 32 Dendy Street. The site adjoins a two storey school building extending a length of 15 metres and setback 5.63 – 5.87m from the common boundary.

The site also adjoins 36 Dendy Street to the east accommodating a detached two storey dwelling.

Residential development in the surrounding area comprises mostly single and two storey detached dwellings.

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PERMIT/SITE HISTORY

Title and Covenants The applicant has submitted a copy of title for the subject site, issued by the titles office on 15 May 2015. The title is not subject to any covenants or restrictions.

Background No previous planning applications have been determined for this site.

PUBLIC NOTIFICATION




The notification has been carried out correctly and Council has received seven objections to date.

Locality Plan

Legend

Subject Site

Objector

Please note that only those objectors residing within close proximity of the site have been shown on the above map.

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The key issues raised in the objections are:

Non-compliant boundary setbacks

Non-compliant wall heights

Overshadowing

Overlooking

Loss of light to classrooms

Loss of outlook

Visual bulk

Insufficient on-site parking

Pedestrian safety concerns

Loss of outlook / views

Location of building services

Errors to Applicant’s Clause 55 Assessment Report

CONSULTATION

The applicant declined an invitation to a consultation meeting.

REFERRALS

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


Arborist No objection, subject to conditions

Drainage Engineer No objection, subject to conditions

Traffic Engineer No objection, subject to conditions

Street Tree Arborist No objection subject to conditions

ASSESSMENT







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

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


Zone

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

A planning permit is required to construct two dwellings on a lot pursuant to Clause 32.09-5.

Overlays

Clause 43.02 Design and Development Overlay Schedule 3 – Aims to achieve architectural and urban design outcomes that contribute positively to local urban character and enhance the public realm while minimising detrimental impact on neighbouring properties. The overlay aims to preserve the existing character and amenity of the areas as low rise (up to two storeys) suburban areas with a strong garden character. The overlay seeks to maintain the prevailing streetscape rhythm, building scale and height of neighbourhoods and to maintain a strong landscape character with buildings set within vegetated surrounds.

A planning permit is not required pursuant to Clause 43.02-2 to construct a building or to construct or carry out works for a residential building or dwelling.



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

General Provisions


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The subject site is located in Precinct E1 of Clause 22.06 (Neighbourhood Character Policy) of the Bayside Planning Scheme. The preferred future character statement reads:

‘The well-articulated dwellings with roof eaves are set within spacious landscaped grounds. In some streetscapes, there is a continued presence of pre WW2 era dwellings, with complementary new development. Dwellings do not dominate the streetscape and vegetation appears to wrap around the buildings. The sense of spaciousness is retained by the dwellings being set back from front and side boundaries, which also provides space for garden planting. Buildings incorporate a variety of materials or design details providing visual interest within the streetscape’.

Precinct Guidelines


To encourage the retention of dwellings

that contribute to the valued character of

the Precinct in the design of development

proposals.

Attempt to retain wherever

possible intact and good

condition dwellings that

contribute to the valued

character of the Precinct in

the design of new

development.

Alterations and extensions

should retain the front of

these dwellings.

Demolition of dwellings that


character of the Precinct.

To maintain and enhance the garden

settings of the dwellings.

Prepare a landscape plan

to accompany all

applications for new

dwellings that includes

substantial trees and

shrubs.

Retain large trees and

provide for additional trees

wherever possible.

Lack of landscaping and

substantial vegetation.

Removal of large trees.

To provide space for front gardens. Buildings should be sited

to allow space for the

planting of trees and

shrubs.


To maintain the rhythm of spacious visual

separation between buildings.

Buildings should be sited

to create the appearance

of space between buildings

and accommodate


To minimise the loss of front garden

spaces and the dominance of car parking

structures.

Locate garages and

carports behind the line of

the dwelling.

Minimise paving in front

Car parking structures that

dominate the façade or view of

the dwelling.

Front setbacks dominated by

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garden areas including

driveways and crossovers.

impervious surfaces.

To ensure new development respects the

dominant building form and scale of

buildings in the Precinct.

Recess second storey

elements from the front

façade.

Articulate front facades,

and provide roofs with

eaves.

Reproduction of historic building

styles.

To respect the identified heritage qualities

of adjoining buildings.

Where adjoining an

identified heritage building,

respect the height, building

forms, siting and materials,

of the heritage building/s in

the new building design.

Buildings that dominate heritage

buildings by height, siting or

massing.

Period reproduction detailing.

To encourage building facades to add

visual interest to the streetscape.

Use a mix of materials,

colours and finishes in

building facades, drawn

from the palette commonly

found in the area.

Excessive use of render or one

material on external wall

surfaces.

Dendy Street displays a mixture of traditional and contemporary single and double storey housing styles on medium to large allotments with the St Joan of Arc School located directly to the west of the site. Garden and street planting are significant elements of the streetscape.

The Neighbourhood Character objectives encourage new development to maintain and enhance the garden setting of dwellings by minimising the loss of front garden space and by providing substantial landscaping.

Whilst the proposed 7m setback of dwelling 1 varies from the 9m setback requirement, this is reflective of other setbacks along Dendy Street. The proposed front garden affords adequate space for landscaping opportunities that will maintain the garden setting of the area. A condition is recommended requiring a full landscaping plan to be submitted showing an appropriate landscape treatment.

The first floor of dwelling 1 has been recessed from the front façade and the double garage integrated with the dwelling to ensure that this element does not dominate the streetscape.

The proposed dwellings feature pitched roofs with articulated ground and first floor levels. The design is conventional and symmetrical to the street and is typical of newer dwellings in this area. The development will maintain streetscape rhythm by providing ample visual separation to adjoining buildings both to the east and west of the site. To the east, a 4.54m setback is proposed to accommodate the dwelling 2 driveway access and to the west, the existing 5.63 - 5.87m setback to the school building is maintained from the proposed dwelling 1 garage wall.

The proposed 1.2m high front fence allows for views into the front garden that will contribute to the landscape setting of the streetscape.

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The rendered walls and concrete tiled roofing of the dwellings are considered appropriate and complementary to other newer developments in the area. A recommended condition has been added requiring a schedule of all external materials and finishes to be submitted for further approval by Council. This further detail will ensure that the dwellings’ presentation to the streetscape and surrounding properties is acceptable.

It is considered that the proposed development responds appropriately to the site and surrounds and will create a building form that is of an acceptable scale to integrate with and complement the existing streetscape.

Front Setback

Dwelling 1 has a ground floor setback of 7m with a recessed first floor that is setback 9m from the front property boundary. As both the adjoining buildings to the east and west of the site are setback in excess of 9m, the required front setback is 9m. The ground floor of dwelling 1 varies this requirement by 2m, however this is considered to be acceptable given adequate landscaping opportunities will be provided. The varied setback reflects other residential setbacks along both sides of the street including those dwellings at No’s 29, 31, 37, 38, 39, 41, 43, 45, 48 & 50 Dendy Street. The first floor of dwelling 1 is recessed a further 2m to a compliant 9m and this will reduce any visual impacts when viewed from the street. There will be no off site amenity impacts as dwelling 1 adjoins an existing sports pitch to the west and is separated from No. 36 Dendy to the east by the dwelling 2 access driveway. The 13.86m front setback of the adjoining school is an anomaly in the streetscape as it contains a sports pitch and therefore does not present a typical, landscaped residential frontage to the street. In light of this the proposed variance is considered to be acceptable as it will not result in a visually dominant form of development within the Dendy Street streetscape.

Side and Rear Setbacks.

The proposed and required side and rear setbacks are listed in the table below:


Requirement Proposed Requirement Proposed

South

(rear)

0 or 3m Dwelling 2 - 1.3; 2.5; 5m

4.62m Dwelling 2 - 4m

East

(side)

0 or 2m Dwelling 1 - 4.54; 6.73; 10.34m

Dwelling 2 - 3.99; 7.5m

D1 - 3.56m

D2 – 3.62m

Dwelling 1 - 4.6m

Dwelling 2 - 6.7; 8.4m

West

(side)

0 or 2m Dwelling 1 - 0; 2m

Dwelling 2 - 0; 2m

D1 - 3.65m

D2 – 3.62m

Dwelling 1 - 2.08m

Dwelling 2 – 2.08m

Non compliances are underlined

The ground floor south elevation wall of dwelling 2 is proposed to be setback 1.3m, 2.5m and 5m from the rear boundary in lieu of the 3m requirement. The wall extends a length of 5m at a setback of 1.3m before stepping back to a 2.5m setback for a length of 5.4m and then to 5m. The first floor south elevation is setback 4 metres in lieu of the required 4.62m.

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This rear elevation adjoins a private open space to the northwest of 7 Wallace Grove as well as a courtyard to the northeast of this property that is used as the primary area of private open space on site. Given the close proximity of these rear walls to the common boundary, it is considered that the amenity of these neighbours will be unreasonably affected. It is therefore recommended that dwelling 2 be setback from the southern site boundary to comply with the provisions of schedule 3 of the NRZ. This will ensure off site impacts are minimised.

Recommended conditions have been added requiring dwelling 2 to be setback a minimum of 3m from the southern site boundary at ground floor level and a minimum of 4.62m at first floor level.

The first floor west side walls of dwellings 1 and 2 are setback 2.08m from the western site boundary in lieu of 3.65m and 3.62m, respectively. The site adjoins a two storey brick school building to the west. The building extends a length of 15m at a distance of approx. 5.63m – 5.87m from the common property boundary with the first floors of the proposed dwellings setback an average of 7.5m from this building. This is considered to provide adequate spatial separation of built form when viewed from the street and this will maintain the existing streetscape rhythm.

Further, the development will not result in unreasonable overshadowing to adjoining school windows or any large recreational open spaces, nor will the varied setbacks result visual bulk when viewed from the school.

Walls on boundaries

It is proposed to construct walls along the western site boundary measuring 32.44metres in length. This fails to comply with Standard B18 of Clause 55 of the Bayside Planning Scheme which allows a maximum of 20.07 metres of wall to be constructed at an average height of 3.2 metres.

Whilst the 3.2m maximum height of these walls complies with the standard, the length of the walls exceeds requirements by 11.74m. A reduction in the length of these walls could be accommodated by relocating the dwelling 2 garage and study walls a minimum of 2m from the western boundary. This would reduce the total length of wall along the boundary to 22.94m, greatly reducing potential off-site impacts whilst minimising alterations to the proposed layout.

Visual Bulk

The overall height of the buildings at 8 metres complies with the height requirements of the Neighbourhood Residential Zone, Schedule 3. As amended, the development does not present unreasonable bulk to the street or to adjoining properties and is compatible with the prevailing streetscape character.

As amended, it is considered that the dwellings are well articulated and detailed so as to reduce their bulk. This includes horizontal banding which assists in reducing the perceived scale of the dwellings.

Overlooking

Overlooking opportunities exist from the dwelling 2 first floor south facing bedroom 3 and rumpus room windows into the private open space and habitable room windows of the adjoining property to the south. A condition is recommended requiring screening in accordance with Clause 55, Standard B22 (Overlooking) of the Bayside Planning Scheme. Subject to this requirement there will be no overlooking opportunities into adjoining properties or within the development.

The first floor south facing study window of dwelling 2 is located 7.67m from the rear boundary. At this distance the existing 2m high rear paling fence will block views into the adjoining property and no material detriment to these occupiers will result.

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Adjoining neighbours have raised concerns regarding overlooking into the habitable room windows and private open spaces of the property to the east at 36 Dendy Street. The east facing first floor rumpus room windows of dwelling 1 and 2 are located 8.4m and 7.6m respectively from the eastern property boundary. At this distance the existing 2.3m – 2.5m high eastern boundary fence will block potential views into 36 Dendy Street.

No overlooking will be possible from the dwellings into the school property to the west.

Any potential for overlooking between the two dwellings has been addressed in the overall layout and separation of the first floors of the buildings by 13.35m. The application complies with the requirements of Standard B23 (Internal Overlooking) of Clause 55 of the Bayside Planning Scheme.

Overshadowing

The impact of overshadowing to the school is considered to be minor. Whilst some additional shadows will extend beyond those cast by the existing 2.5m high paling fence in the morning, these will recede as the sun arcs across the sky to the west. As a result, any additional shadows will cease by approximately 10:30am. Further, this property is not used for residential purposes and therefore the overshadowing provisions of Standard B21 of Clause 55 do not technically apply.

The development will also result in minor additional overshadowing to a small section of the rear garden at 36 Dendy Street to the east. All other shadows on this side are contained within the existing shadows cast by the 2.3m – 2.5m boundary fence and are therefore acceptable and compliant with Clause 55, Standard B21 (Overshadowing Open Space) of the Bayside Planning Scheme.

No additional shadows will be cast over 7 Wallace Grove to the south at any time on the equinox.


The dwellings are each provided with two car spaces within separate garages. The parking provided is in accordance with the requirements of Clause 52.06 (Car parking) of the Bayside Planning Scheme.

Council’s Traffic Engineer has viewed the plans and supports the vehicle access arrangements subject to conditions.

Pedestrian safety concerns raised by objectors in regards to the additional vehicle crossover can be addressed via the provision of adequate vehicle site lines at the entrance to the site. A recommended condition has been added to ensure the necessary sightlines are shown on the plans.


Having viewed the plans and visited the site Council’s Arborist notes that no existing trees are worthy of retention, these being a small native and five exotic trees located in the front garden and a row of three exotic trees growing along the rear boundary fence. In accordance with the advice of the Arborist, recommended conditions have been added requiring the planting of at least one canopy tree to the front setback of dwelling 1 and the submission of a Tree Protection Methodology Report that adequately demonstrates the viability of trees adjoining the site during and post construction. The recommended setbacks from the side boundary will assist in preserving existing trees located within adjoining properties.

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Outstanding objector concerns

The following responds to the concerns of objectors not previously addressed.

Proposed balconies to both dwellings accessed directly from rumpus room not shown on plans / overlooking into property

No balconies are proposed to either dwelling

Location of building services not shown on the plans.

The standard site services condition requires the location of services to be identified on the plans and located away from the habitable room windows of adjoining dwellings. This condition forms part of the recommendation.

Errors within the applicant’s Clause 55 Planning Report.

Whilst these errors are noted, Officers’ have made their own assessment of the proposal based on the submitted plans and assessment of site conditions. Officers’ are not reliant upon the applicant’s Clause 55 planning report and therefore these errors have not influenced Officer’s assessment.

CONCLUSION

The proposed development is considered to be appropriate for the site and will not detract from the existing streetscape and neighbourhood character. The proposed development, subject to conditions, is of a scale and design compatible with surrounding development and will sit comfortably within the streetscape. For the most part, the development satisfies the quantitative tests of the Bayside Planning Scheme.

RECOMMENDATION

That Council having caused notice of Planning Application No. 2014/317/1 to be given under Section 52 of the Planning and Environment Act 1987 and having considered all the matters required under Section 60 of the Planning and Environment Act 1987 decides to Issue a Notice of Decision to Grant a Permit under the provisions of the Bayside Planning Scheme in respect of the land known and described as 34 Dendy Street, Brighton, for the construction of two double storey dwellings in accordance with the plans dated 12 December 2014 subject to the following conditions, including the specified conditions set out in the Council’s “Town Planning Standard Conditions” adopted by the Council on 28 November 2006:-

1. Before the development starts, amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the plans received on 12 December 2014 but modified to show:

a) The ground floor west walls of dwelling 2 (the study and garage) setback a minimum of 2m from the western property boundary.

b) The ground floor south wall of dwelling 2 setback a minimum of 3m from the southern property boundary.

c) The first floor south wall of dwelling 2 setback a minimum of 4.62 metres from the southern boundary;

d) Notation to the plans showing the retention of the existing 2.3m – 2.5m high paling fencing along the eastern site boundary and the two metre high paling fence along the southern site boundary as indicated on plans received 12 December 2014.

e) A schedule of all external materials showing the colours and finishes of all external walls, roofs, fascias, window frames and paving.

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f) A minimum 4.8 metre wide garage door provided for each double garage g) The driveways to both dwellings suitable paved (preferably concrete) with a minimum

width of 3m. h) Construction of a new vehicle crossing to dwelling 2 at 3m wide with a 0.5m offset

from the side entry pit to the east. i) Compliance with the sight line requirements of AS2890.1 for the area where the

driveways intersect with the footpaths for both dwellings. The plans must note that all structures and foliage, front fences and other structures are limited to a maximum height of 1 metre or are kept clear within the site line triangles.

j) A landscaping plan in accordance with Condition 6 of this permit. k) An Arborist Report in accordance with Condition 8 of this permit l) All plant and equipment (including air conditioning units, heating units, hot-water

systems, etc.) which is proposed to be located externally identified on the plans.

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

3. All pipes, fixtures, fittings and vents servicing the dwellings must be concealed in service

ducts or otherwise hidden from view to the satisfaction of the responsible authority. 4. No plant, equipment, services or architectural features other than those shown on the

endorsed plans are permitted above the roof level of the dwellings without the written consent of the responsible authority.

5. The walls on the boundaries of the adjoining properties must be cleaned and finished to the

satisfaction of the responsible authority.

6. Before the development starts, a landscape plan to the satisfaction of the Responsible

Authority must be submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed and will then form part of the permit. The plan must be drawn to scale with dimensions and three copies must be provided. The landscaping plan must show: a) A survey (including botanical names) of all existing vegetation to be retained and/or

removed; b) Buildings and trees (including botanical names) on neighbouring properties within

three metres of the boundary; c) Details of surface finishes of pathways and driveways; d) A planting schedule of all proposed trees, shrubs and ground covers, including

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

e) Landscaping and planting within all open areas of the site; including within the setback required by Condition 1(a)

f) The planting of at least one canopy tree within the front setback of dwelling 1 to reach a minimum of 10m in height and 6m in width at maturity.

7. Before the occupation of the development starts or by such later date as is approved by the

Responsible Authority in writing, the landscaping works shown on the endorsed plans must be carried out and completed to the satisfaction of the Responsible Authority.

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8. Before the commencement of buildings and works, an Arborist’s Report in accordance with AS4970-2009 (Protection of trees on development sites) is required to be submitted and approved by the Responsible Authority. The report must cover an assessment of the impact of the proposed development on the existing Callistemon (Bottlebrush) located along the eastern boundary of the adjoining property to the west at 30 – 32 Dendy Street as well as the Melaleuca Tree located close to the northern boundary of the adjoining property to the south at 7 Wallace Grove and include any measures which may be required to ensure the viability of these trees during and post construction.

9. Before the development (including demolition) starts, a tree protection fence must be

erected around the street tree and maintained until all works on the site are complete.

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

b) The fencing is to encompass the entire nature strip under the dripline of the tree c) The Tree Protection Zone is to be established and maintained in accordance with

Australian Standards 4970-2009 (Protection of trees on development sites). d) During construction of the crossover, tree protection fencing may be reduced to the

edge of the council approved crossover to facilitate the construction of the crossover 10. Root pruning within the Tree Protection Zone:

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

b) All affected roots must be correctly pruned according to AS 4373-2007 11. The landscaping shown on the endorsed plans must be maintained to the satisfaction of the

Responsible Authority. 12. Before the commencement of works, detailed plans to the satisfaction of the Responsible

Authority must be submitted to and be approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be in accordance with the guidelines outlined in Clause 22.08 of the Bayside Planning Scheme and must show:-

a) The type of water sensitive urban design stormwater treatment measures to be used;

b) The location of the water sensitive urban design stormwater treatment measures in relation to buildings, sealed surfaces and landscaping areas;

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



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

14. Stormwater discharge must be retained for the portion above the discharge calculated

using a Coefficient of Runoff of 0.35. The development is to have a Stormwater Detention System installed, the design capacity of which is to be to the satisfaction of the Responsible Authority.

15. Any seepage/agricultural drainage water must be filtered to rain water clarity and must be

pumped to the nearest Council Drain/Pit and not be discharged to the kerb and channel unless directed otherwise.

16. All on-site stormwater is to be collected from the hard surface areas and must not be allowed to flow uncontrolled onto adjoining properties. The on-site drainage system must prevent discharge from each driveway onto the footpath. Such a system may include either:

a) The type of water sensitive urban design stormwater treatment measures to be used; b) A trench grate (150mm minimum internal width) located within the property; and/or c) Shaping the driveway so that water is collected in a grated pit on the property; and/or d) Another Council approved equivalent

17. The driveway / parking areas / paved courtyards / paths and any 'pervious' pavers must be

graded / drained to prevent stormwater discharge onto the front footpath and into adjacent properties.

18. Before the development begins, three sets of detailed plans indicating the method of

stormwater discharge to the nominated Legal Point of Discharge (and Stormwater Detention Systems where applicable) must be lodged with Council's Engineering Services department for approval.





Before the permit expires; or Within 6 months afterwards if development has not commenced; or Within 12 months afterwards if the development has lawfully commenced

Permit Notes

A permit must be obtained from Council for all vehicular crossings. These must be constructed under Council's supervision for which 24 hours notice is required. Building approval must be obtained prior to the commencement of the above approved works. Prior to commencement of any building works, an Asset protection Application must be taken out. This can be arranged by calling Asset Protection Administrator, Mon-Fri 9:00am to 1:00pm on 9599 4638.

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STANDARD OF THE BAYSIDE PLANNING SCHEME

Two or more dwellings on a lot and residential buildings (Clause 55 and Schedule to the Neighbourhood Residential Zone)


Requirement and proposed


Yes Refer report


Yes Policy allows for two dwellings on a lot in this location


N/A


Yes The dwellings will make use of existing infrastructure servicing the site. The developer will be responsible for upgrading this infrastructure if necessary to accommodate the development.

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

Yes It is considered that the proposed dwellings adequately address the street. The response to the prevailing neighbourhood character is discussed in the report.


No Refer report


Yes Maximum: 8m Proposed: 8m


Yes Maximum: 50% Proposed: 47.44%


Yes Required minimum: 20% Proposed: 27.62%

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Yes Both dwellings include north facing habitable room windows which will assist in naturally lighting and heating the dwellings

Though the proposed dwellings will marginally increase the extent of overshadowing to the adjoining neighbour to the east, it is considered that this additional overshadowing will not impact adversely upon the energy efficiency of the adjoining dwelling.


N/A


Yes Both dwelling entry points are clearly identifiable while upper levels allow for the passive surveillance of the street.

B13 Landscaping To provide appropriate landscaping. To encourage: Development that respects the landscape

character of the neighbourhood. Development that maintains and

enhances habitat for plants and animals in locations of habitat importance.

The retention of mature vegetation on the site.

Yes Refer report


Yes


Yes


No Refer report


Requirement Proposed Requirement Proposed

South

(rear)

0 or 3m Dwelling 2 - 1.3; 2.5; 5m

4.62m Dwelling 2 - 4m

East

(side)

0 or 2m Dwelling 1 - 4.54; 6.73; 10.34m

Dwelling 2 - 3.99; 7.5m

D1 - 3.56m

D2 – 3.62m

Dwelling 1 - 4.6m

Dwelling 2 - 6.7; 8.4m

West

(side)

0 or 2m Dwelling 1 - 0; 2m

Dwelling 2 - 0; 2m

D1 - 3.65m

D2 – 3.62m

Dwelling 1 - 2.08m

Dwelling 2 – 2.08m

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No Refer report


Yes All walls exceeding 3m in height are setback in excess of 50% of the wall height from facing habitable room windows.


Yes


Yes Refer report


Yes Refer report


Yes


Yes It is anticipated that the level of noise which will be emitted from the dwellings will not exceed levels otherwise anticipated from dwellings. To ensure that services are appropriately located and do not impact adversely upon the general amenity of the immediate surrounding area, it is recommended that a condition be included on any approval issued requiring plans showing the location of all building services including air-conditioning condensers.


Yes Both dwellings include ground floor bedrooms, bathrooms and living spaces.

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

Yes Both dwellings have easily identifiable front entries.


Yes All habitable room windows will open out onto a space clear to the sky or a covered external space which itself is open to the sky.

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

Yes Both dwellings will feature private open spaces measuring a minimum of 40m² as required by this standard. Dwelling 1 = 55.56m

2

Dwelling 2 = 40.03m2


Yes The POS of both dwellings will receive adequate solar access.


Yes Storage areas have been provided in the garages of both dwellings.

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Yes It is considered that the basic design detailing of the dwellings is acceptable. Both dwellings adopt a contemporary style with the use of pitched tiled roofing and rendered ground and first floor walls. These materials reflect those used elsewhere in the surrounding area.


Yes Front fence proposed at 1.2m in height.


N/A There are no areas proposed to be in common property.

B34 Site Services Ensure site services and facilities can be installed and easily maintained and are accessible, adequate and attractive. Avoid future management difficulties in common ownership areas.

Yes Space exists near the street front of the dwellings to provide the necessary building services including mail boxes and meters. All such services will need to be installed in accordance with the requirements of relevant service providers.

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4.7

24-30 Esplanade, Brighton Notice of Decision to Grant an Amended Permit Application No: 2005/110/8 Ward: Central


File No: 2005/110/8

APPLICATION DETAILS

Land/Address: 24-30 Esplanade, Brighton

Application is for: Amendment to Planning Permit 2005/110 to alter unit numbers and building height and other minor alterations.

Melway Reference: 76/C3

Ward: Central Ward


Applicant's/Owner's Name: Contour Consultants Aus Pty Ltd

Date Received: 03 December 2014 (Amended plans received 01 September 2015)

Statutory Days Expiry: 30 October 2015

Zoning: Mixed Use Zone (MUZ)


Under what clause(s) is a permit required? Clause 32.04 -6 (MUZ)

Clause 43.02-2 (DDO1)


Current use and development: Construction site

Objections: Five

PROPOSITION

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

PROPOSAL

This application seeks approval to amend Planning Permit 2005/110. This permit was originally issued by Council on 8 August 2005 and at that point in time allowed the construction of a three-storey building comprising 19 apartments.

The permit has since been amended and now allows the construction of 8 apartments and 24 townhouses within four buildings across the site. Buildings A and B front the Esplanade and this application to amend the permit and plans relates to these buildings.

Importantly, the development comprises 14 car parking spaces more than required by the Bayside Planning Scheme.

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The application seeks approval for the following alterations to Buildings A and B:

At basement level:

Substation finished floor level raised from 1.6m RL to 1.65m RL to match basement;

Reconfiguration of the service area accommodating the Generator, Communications, Storage and Main Switchboard rooms; and

Reallocation of Car Parking Spaces 15 and 16 to Visitor Spaces.

At ground floor level:

Ground floor level of Building A lowered from 6.78RL to 4.93RL;

Ground floor level of Building B lowered from 6.18RL to 4.93RL;

Podium floor level lowered from 6.08RL to 4.86RL;

General reconfiguration of windows;

Northern boundary fence setback 5.7m from the western title boundary;

Rainwater tank level lowered from 7.04RL to 6.86RL;

Relocation of plant equipment from roof to enclosure at ground level at the rear of Building A; and

Revised landscaping.

At first floor level:

First floor level of Building A lowered from 10.295RL to 8.145RL;

First floor level of Building B lowered from 9.795RL to 8.145RL; and

General reconfiguration of windows.

At second floor level:

Insertion of additional floors to Buildings A and B at 11.36RL. This floor comprises two additional apartments to Building A (Apartment 5 and 6) and one additional apartment to Building B (Apartment 3).

At third floor level:

This is a new level due to the insertion of a new second floor below. The layout of this floor reflects the layout of the previously approved second floor. In Building A, Apartment 5 is renumbered to Apartment 7. In Building B, Apartment 3 is renumbered to Apartment 4;

The floor level of Building A has increased from 13.81RL to 14.575RL; and

The floor level of Building B has increased from 13.41RL to 14.575RL.

At roof level:

Roof terrace of Building A raised from 17.61RL to 17.87RL;

Roof terrace to Building B raised from 16.83RL to 18.00RL;

Depth of planters to Building A increased from 2m to 3.18m;

Stair enclosure to Building A now integrated with store room, spa removed and planter bed now concealing lift overrun;

Rearrangement of roof plant equipment to Building B and installation of ducting.

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The landscaping plan has also been revised as follows:

The number of canopy trees along the frontage has increased from 2 to 6;

The predominant species of canopy tree in the front setback has changed from Allocasuarina veticillata (Drooping She-oak) to Allocasuarine littoralis (Black She-Oak); and

The species of trees to be planted on both sides of the internal driveway between Buildings C1 and C2 has changed from Juniperus virginiana ‘Spartan’ (Spartan Eastern Red Cedar) to Pyrus calleryana ‘Capital’ (Capital Pear).



The site has a total area of 5,300 square metres. The construction of the rear townhouses (Buildings C1 and C2) including basement ramp for Buildings A and B has now commenced. More recently the site was occupied by a single storey building with large front setback used for car parking. Access to the site is via a single crossover off the Esplanade, near to the northern title boundary.

The main site/locality characteristics include:

Abutting the north boundary of the site is a five (5) storey mixed use residential apartment and office building known as 'Green Point'. Also adjoining this boundary are the rear yards of a number of two storey detached homes facing Canterbury Place;

To the south is ‘Milano’s Hotel’, a three (3) storey building with associated car park;

To the east of the site is a rail easement, the Brighton Beach Train Station and train station car park; and

To the west of the site (across the Esplanade) is the Cenotaph War Memorial at Green Point and the Brighton Beach foreshore.

PERMIT/SITE HISTORY

Title and Covenants

The applicant has submitted a copy of title for the subject site issued by the titles office on 2 December 2014. The title is not subject to any covenants or restrictions.

Background

This application seeks approval to amend Planning Permit 2005/110. This permit originally allowed the construction of a three-storey building comprising 19 apartment. The permit has since been amended to now allow the construction of eight apartments and 24 townhouses.

Council has also processed five (5) extensions of time, the latest of which required works to commence by 8 September 2014 and finish by 8 September 2016. The approved works were commenced as required.

PUBLIC NOTIFICATION




The notification has been carried out correctly and Council has received five objections to date.

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Locality Plan

Legend

Subject Site

Objectors


Increased traffic movements, access and parking issues;

Overlooking;

Noise created from additional air conditioners; and

Additional visual bulk through increased building height.

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CONSULTATION

A consultation meeting was held on 6 May 2015 attended by the applicant, objectors and Council officers. Following the meeting the applicant submitted amended plans. These were circulated to all objectors. The amended plans showed:

Reallocation of car parking spaces 15 and 16 to visitor spaces;

Relocation of plant equipment to ground floor level; and

Revised window locations and screening details.

This report is based on these amended plans.

The amended plans have not resulted in the withdrawal of any objections.

REFERRALS

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


Response

VicRoads No objection

Public Transport Victoria

No objection

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


Arborist No objection

Traffic Engineer No objection

ASSESSMENT


Clause 9 - Plan Melbourne

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







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

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






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


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

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

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

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

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

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Zone

Clause 32.04 - Mixed Use Zone Aims to provide for a range of residential, commercial, industrial and other uses which complement the mixed-use function of the locality. It also aims to encourage residential development that respects the neighbourhood character.

A permit is required to construct or extend two or more dwellings on a lot in accordance with this provision.

Overlays

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

A permit is required in accordance with the provisions to construct buildings and works that result in an overall building height of more than 12m on this site.


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

Six car parking spaces and one visitor space are required to be allocated to the additional apartments. No changes are proposed to the access or car parking layout. The proposal seeks to reallocate existing car parking spaces provided on site.

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

The proposed amendments do not alter the approved access off the Esplanade, a Road Zone, Category 1. The additional apartments will result in the increased use of this crossover.

Clause 52.34 Bicycle Facilities Policy seeks to encourage cycling as a mode of transport and for development to provide secure, accessible and convenient bicycle parking spaces and associated shower and change facilities where appropriate.

Buildings A and B will now stand to a height of four storeys and this triggers the need for bicycle parking spaces on site. 11 bicycle parking spaces (seven resident and four visitor) are required on site in accordance with the provisions of this clause.

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

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General Provisions

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


Building Heights and DDO1

The Design and Development Overlay, Schedule 1 states a planning permit is not required for building works on land at 24 the Esplanade that are within 48m of the frontage providing these building works do not exceed 12m and are used only for accommodation. Importantly, DDO1 does not prohibit a building height exceeding 12m. The approved building height does not satisfy this exemption and this amendment seeks to marginally increase the previously approved building height.

The height of Building A will increase by 0.26m to an overall height of 14.09m and Building B will increase by 1.02m to provide an overall building height of 13.52m.

The amendments result in four storey buildings presenting to the Esplanade with the highest point being the lift over run that stands to a height of 14.09m and 13.52m (Building A and B respectively). The bulk of Building A, which has the most sensitive interface with adjoining residential properties at Canterbury Place, reaches a building height of 12m with the additional height and access being located centrally on top of the roof. Building B also similarly has a parapet height of 12m with the plant equipment being the only part of the built form extending outside the 12m height trigger.

Most of the built form is under the 12m height limit and as such it is considered that the siting and height of the buildings have regard to their context as well as limiting amenity impacts upon directly abutting properties. The height and built form is considered to be appropriate and satisfies the objectives of DDO1. The amendments are largely indiscernible from that already approved and higher elements above the 12m trigger do not directly stand adjacent to objectors’ properties. These higher elements will also present as recessive roof top amenities rather than primary elements of the building.


The site is located in C1 precinct of Clause 22.06 of the Bayside Planning Scheme. This precinct includes the following preferred character statement.

The mix of dwelling styles, including a substantial presence of pre WW2 dwellings, sit within spacious gardens and do not dominate or overwhelm the streetscape. Garden plantings, and well-articulated façades and roof forms, assist in minimising the dominance of buildings from within the street space, as well as providing visual interest. Front setbacks allow planting of substantial trees and shrubs and side setbacks on both sides maintain a sense of spaciousness in the area. Trees are a mixture of exotic and natives, with an increasing frequency of traditional coastal and indigenous species, strengthening the visual connection of the area with the coast. Open style front fences retain an ability to view buildings from the street. Buildings fronting the foreshore reflect their setting and provide a visually attractive built form interface with the reserve.

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Precinct Guidelines


To encourage the retention of dwellings that contribute to the valued character of the Precinct in the design of development proposals.

Attempt to retain wherever possible intact and good condition dwellings that contribute to the valued character of the Precinct in designing new development.

Alterations and extensions should retain the front of these dwellings.

Demolition of dwellings that contribute to the valued character of the Precinct.

To maintain and enhance the spacious garden settings of the dwellings.

Prepare a landscape plan to accompany all applications for new dwellings that includes substantial trees and shrubs.

Lack of landscaping and substantial vegetation.

To enhance the bayside vegetation character of the area.

Retain large trees and established native and traditional coastal vegetation and provide for the planting of new indigenous coastal trees where possible.

Removal of large native and coastal trees.

Planting of environmental weeds.

To retain the sense of spaciousness in the area and provide adequate space for front gardens.



To minimise the dominance of car parking facilities, driveways and crossovers.

Locate garages and car ports at or behind the line of the dwelling.

Minimise hard paving in front yards.

Underground car parking accessed from the front of the site should only be provided where other options are not possible due to site constraints, the garage doors do not dominate the façade and the front setback area is retained as predominantly garden space.

Car parking facilities that dominate the facade or view of the dwelling.


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

Recess upper level elements from the front façade.

High pitched roof forms with dormer windows.

To respect the identified heritage qualities of adjoining buildings.

Where adjoining an identified heritage building, respect the height, building forms, siting and materials, of the heritage building/s in the new building design.

Buildings that dominate heritage buildings by height, siting or massing.

To encourage the use of a variety of building materials, finishes and design detail that complement the coastal setting.

Use a mix of materials including timber or other non-masonry wall materials in building design.

Use simple building details and articulate roof forms.

Large, poorly articulated external wall surfaces of one material only.

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

To encourage the openness of the streetscape.

Provide open style fencing, other than along heavily trafficked roads.


To create a visually interesting and attractive built form interface with the foreshore reserve, on properties fronting the reserve and visible from

Articulate the form of buildings and elements, particularly front facades, and include elements that lighten the building form such as balconies, verandahs, non-reflective glazing and light-transparent balustrading.

Buildings that have no relationship to the foreshore setting.

Poorly articulated roof and

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the reserve. Use a mix of contemporary and traditional coastal materials, textures and finishes, including render, timber, non-masonry sheeting, glazing, stone and brick.

Provide a fence or landscaping treatment to delineate the property boundary fronting the foreshore reserve.

Provide articulated roof forms to create an interesting skyline when viewed from the beach.

building forms.

Highly reflective materials or glazing.

Blank walls facing the foreshore.

Lack of distinction between public and private spaces along the foreshore.

The amendments continue to provide a well-articulated and suitable design response. Policy seeks to avoid large buildings with poorly articulated facades and it is considered that the break-up of the additional building mass through the reconfiguration of windows and use of timber, render, glass and screening will ensure the buildings continue to be well articulated and do not appear bulky when viewed from the foreshore and Esplanade.

The changes to the landscaping are considered to improve the vegetated character of the area by way of providing more canopy trees along the frontage and car parking facilities continue to be concealed from the streetscape.

Setbacks

The required and proposed side setbacks are noted in the table below:

Required Proposed

Building A, Northern (side) 7.09m (to parapet) 2.86m (to parapet)

Building B, Southern (side) 8.61m (to lift overrun) 13m (to lift overrun)

The additional built form will maintain the same side setbacks of 2.86m to the north (adjacent to Canterbury Place) and between 2.98m and 7.05m to the south (adjacent to Milano’s Hotel).

The most sensitive abuttal is the northern boundary as the neighbouring sites are residential properties. The additional height to Building A of 0.26m will extend the level of non-compliance. As the height is increased by 0.26m and is in line with the approved setbacks at this location, it is considered the variation is acceptable and will not result in unreasonable amenity impacts to adjoining neighbours

The Building B parapet height remains unchanged. The additional 1.02m height comprises of a lift over run which is centrally located on the roof. The setbacks to accommodate the additional height is supported as there is no detriment caused given there are no sensitive abuttals nearby.

It is noted that due to the curved facades of both buildings, where there are small areas of non-compliance these are offset with setbacks which exceed the required standard.

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Visual Bulk

The amendments have attempted to create the appearance of three storeys to the street through the placement of windows and the ground floor level being approximately 1.25m below the natural ground level. The varying materials, curved facades and high level of glazing ensure the amendments do not appear visually bulky from the street and adjoining properties. Importantly, the highest new element of Building A opposite objector’s properties is setback significantly from the northern property boundary and as such will not present as a dominant element when viewed from these properties.

The amendments have been carefully crafted into the approved built form and natural ground levels to minimise the verticality of the building. For these reasons it is considered that the proposed additions will not create visual bulk.

Overlooking

The plans show screening to prevent overlooking into neighbouring properties. The amended window locations are similar to that previously approved but windows are to be treated with fixed pattern screens with a graduated intensity (100% obscure at finished floor level to an opacity of less than 25% at 1.7m above the finished floor level). The proposed window treatments achieve the objectives of Standard B22 of Clause 55 of the Bayside Planning Scheme and considered to be acceptable.

Overshadowing

Due to the orientation of the site and non-sensitive abuttal to the southern boundary there are no overshadowing concerns. Neighbouring private open spaces are all located to the north of the site and as such there will be no overshadowing of these spaces or habitable room windows.


The approved development includes a basement accessible from a ramp located off the north-west corner of the site. The townhouses located at the eastern end of the site are serviced by at grade parking. A summary of the approved parking arrangement is shown below:

Component Number of 3 bed units Required Provided

Building A and B 8

(5 x 3 bed to Building A and 3 x 3 bed to Building B)

16 + 1 visitor space (rounded down)

30 residential spaces. Visitor spaces were not allocated, rather visitors park within private garages.

Townhouses 24 48 + 4 visitors spaces (rounded down)

48 + 6 visitor spaces (3 at grade and 3 adjacent to access ramp)

Total 32 64 + 6 visitor spaces 78 + 6 visitor spaces

Difference Excess of 14 spaces.

Car parking requirements for the subject site are identified at Clause 52.06 of the Bayside Planning Scheme. Two car parking spaces for each dwelling with 3 or more bedrooms plus one space to every five dwellings for visitors is applied.

As identified above, there are 14 additional spaces provided above the required standard. The approved scheme does not specify the allocation of these spaces.

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The parking requirements of the proposed development are detailed below:

Component Number of 3 bed units Required Provided

Building A and B 11

(7 x 3 bed to Building A and 4 x 3 bed to Building B)

22 + 2 visitor spaces

(rounded down)

28 residential spaces + 2 visitor spaces.

Townhouses - unchanged

24 48 + 4 visitors spaces (rounded down)

48 + 6 visitor spaces (3 at grade and 3 adjacent to access ramp)

Total 35 70 + 7 visitor spaces 76 + 8 visitor spaces

Difference Excess of 7 spaces.

76 spaces for residents and 8 spaces for visitors exceeds the above statutory requirements. Two visitor spaces are now specified on the amended plans and six are already shown on the endorsed plans and as such all spaces are appropriately allocated.

Additional traffic movements as a result of three additional dwellings was also raised as a concern by objectors. A Traffic Report prepared by the applicant cites a traffic generation rate of 0.5 movements per dwelling, equating to 16 vehicular movements during peak periods. The proposed amendment will therefore result in 1.5 additional movements or a total of 18 vehicular movements during peak hours (rounded up).

The added intensification to the development is considered low and is not anticipated to have an impact on the operation of the surrounding road network.

Pursuant to Clause 52.34 (Bicycle facilities) developments of four or more storeys require bicycle parking for residents and visitors. The bicycle parking requirement for the four-storey component of the development (comprising 11 apartments) is detailed below:

Component Measure Requirement for 11 unit development

Provided

Residential bicycle parking

1 to each 5 dwellings 2 0

Visitor bicycle parking 1 to each 10 dwellings 1 0

Total 3 0

Difference -3

It is recommended that should a permit issue three bicycle parking spaces be required on site. These spaces will encourage a more sustainable mode of transport and assist in alleviating the demand for car parking spaces.


Council’s Arborist has no objection to the landscaping amendments as it will result in a denser level of vegetation presented to the streetscape.

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Concerns regarding the noise created by the additional plant equipment (such as air conditioners) have been raised. Amended plans circulated to objectors on 9 September 2015 show these services relocated from roof level to a new services enclosure at ground level. The relocation of these services is considered to provide better noise attenuation to adjacent residents and less visual intrusion into valued foreshore views.

Details of the screening around these services has not been provided. It is recommended that should an amended permit issue a condition requiring the submission of screening and noise attenuation measures be added.

CONCLUSION

The proposed amendments are considered to be acceptable in a policy and built form sense. The works will result in a minor increase in the overall building heights without compromising the architectural integrity of the development.

There will be no unreasonable off-site amenity impacts as a result of the additional built form and the development will not give rise to any overlooking opportunities in accordance with Standard B22 of Clause 55 (Overlooking) of the Bayside Planning Scheme.

There is more than sufficient car parking provided on-site for residents and visitors and there is adequate capacity within the road network to accommodate a minimal increase in traffic movements. It is therefore recommended that Council support the application.

RECOMMENDATION

It is recommended that Council Amend the endorsed plans of Planning Permit 2005/110 and that the permit be re-issued with the following conditions and table inserted as a record of the amendments at the end of the permit:

Amended Planning Permit Preamble:

The development of 11 apartments and 24 townhouses, basement car parking and access to a declared main road in accordance with the endorsed plans and subject to the following conditions

1. Before the use and/or development starts three copies of revised plans drawn to scale and dimensioned, must be submitted to and approved by the Responsible Authority. When approved the plans will be endorsed and will then form part of the permit.

The plans must be generally in accordance with the application but modified to show to the satisfaction of the Responsible Authority: a) Alterations to the proposal as indicated in the revised plans dated 29 July 2005. b) All wall heights above ground level to be nominated on the plans. c) All paving (except driveways) to be permeable. Details of the permeability of the

paving must be supplied to the satisfaction of the Responsible Authority. d) A schedule of all external materials and finishes to be provided to the satisfaction of

the Responsible Authority prior to the commencement of any buildings and works on the land. The schedule shall show the materials, colour (including two colour samples) and finish of all external walls, roof, fascias, window frames and paving (including car park surfacing).

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e) The proposed landscape treatment for the site including the existing and proposed species.

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

g) The roof decks to comply with the setback requirements as specified in the Design and Development Overlay Schedule 1 (DDO1) to the satisfaction of the Responsible Authority.

h) A minimum of three bicycle parking spaces provided in accordance with the provisions of Clause 52.34 (Bicycle Facilities) of the Bayside Planning Scheme

2. The use and/or development as shown on the endorsed plans must not be altered or modified (whether or not in order to comply with any statute, statutory rule or for any other reason) without the prior written consent of the Responsible Authority.

3. Before occupation all buildings and works specified in this permit must be completed to the

satisfaction of the Responsible Authority. The Responsible Authority must be advised in writing when all construction and works are completed to enable the site to be inspected.

4. The alterations of soil levels involving an increased or decreased level at the boundaries must be retained by the provision of an adequate retaining wall, constructed of brick or masonry or other suitable alternative approved by the Responsible Authority, to buttress the soil against the possibility of shift. The construction of this retaining wall shall be the sole responsibility of the owner/developer.

5. Street numbers contrasting in colour to the background must be fixed at the front boundary of the property as near as practicable to, or on the letterboxes in order to clearly establish the identity of the property. Separate unit numbers shall be placed adjacent to the front entrance of each dwelling, such numbers to be clearly legible from the access driveway.

6. Before the use and/or development starts, a site layout plan drawn to scale and dimensioned must be approved by a Building Practitioner registered under the Building Act 1993 and submitted to the Responsible Authority.

The plans must show:-

a drainage scheme providing for the collection of storm water within the site and for the conveying of the storm water to Council’s nominated point of discharge to the satisfaction of the Responsible Authority.

7. The redundant vehicle crossings must be removed and the area reinstated with appropriate kerbing and channelling (and then sown with grass) to the satisfaction of the Responsible Authority.

8. Vehicle crossings shall be a minimum distance of 1.5 metres from any street tree unless approved in writing by the Responsible Authority.

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9. All basic services, including water, electricity, gas sewerage and telephone, shall be installed underground and located to the satisfaction of the Responsible Authority.

10. All service pipes, fixtures and fittings must be concealed on exposed elevations to the satisfaction of the Responsible Authority.

11. Before any construction or demolition works commence on the site, to the extent that the site perimeter is unfenced and/or is not fenced to the satisfaction of the Responsible Authority, a secure fence is to be erected around the perimeter of the site to prevent access to the site from unauthorised persons. This fence is to be maintained for the duration of the construction and demolition, be a minimum height of 1.8 metres or such alternative height as is approved by the Responsible Authority and to be constructed and sited to the satisfaction of the Responsible Authority. The gate or opening to the fence must be securely locked at all times when work has ceased on the site.

12. Before the use and/or development starts, areas set aside for parked vehicles, access lanes and associated access ramps as shown on the endorsed plans must be:

a) constructed to the satisfaction of the Responsible Authority; b) properly formed to such levels that they can be used in accordance with the plans; c) surfaced with an all-weather sealcoat to the satisfaction of the Responsible

Authority; d) drained, maintained and not used for any other purpose to the satisfaction of the

Responsible Authority; e) line-marked to indicate each car space and all access lanes to the satisfaction of the

Responsible Authority; f) generally in accordance with the relevant Australian Standard for car parking

facilities; and g) directional signage indicating car-parking areas to be erected as required by the

Responsible Authority and to the satisfaction of the Responsible Authority.

Parking areas and access lanes must be kept available for these purposes at all times.

13. All disused vehicle crossings shall be removed and the area reinstated to kerb and channel and nature strip/landscaped to the satisfaction of the Responsible Authority.

14. Before the development hereby permitted starts, three (3) copies of a Landscape Plan must be submitted for approval by the Responsible Authority. The plan must show the proposed landscape treatment of the site and include supporting information to the satisfaction of the Responsible Authority. In particular, the plan should be to a scale of 1:100 or 1:200 and show: a) Accurate location of boundaries, existing and proposed built elements, neighbouring

buildings and/or vegetation that may affect or be affected by the proposed development and landscape.

b) Accurate location and identification (botanical name) of existing vegetation to be retained and/or removed.

c) Tree Protection Zones as required by the Responsible Authority.

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d) Clear identification of the following elements: i) Areas proposed to be lawn, pavement, garden beds, other landscape

features; ii) Proposed tree locations, shrub and ground cover groupings, climber

locations; iii) Coded identification for these groupings and the numbers proposed; and iv) A Plant Schedule, which consists of an itemised list of all proposed species.

The schedule must include the following headings:

Plant code; (refers to codified botanical names used on plan, for example, Bm)

Botanical and Common name;

Height and Width at maturity;

Installation height (for trees only);

Container size (for all other plant groups); and

Total quantities for each species. e) Supporting notes on the plan that elaborate on specific requirements for the

proposed landscaping (eg. site preparation, protection during construction of existing vegetation, use of a suitable mulching material and proposed depth etc.)

f) A legend that explains any graphic symbols used on the plan.

When approved the plan will be endorsed and will then form part of the permit.

15. Before the use allowed by this permit starts, landscaping works as shown on the endorsed plans must be completed to the satisfaction of the Responsible Authority and then maintained to the satisfaction of the Responsible Authority.

16. The landscaped areas shown on the endorsed plan and schedule shall only be used as landscaped areas and shall be maintained in a proper tidy and healthy condition to the satisfaction of the Responsible Authority. Should any tree or shrub be removed or destroyed it may be required to be replaced by a tree or shrub of a similar size and species.

17. The Responsible Authority shall be advised of the completion of the landscaping so that a site inspection can be carried out. A further inspection will be carried out by the Responsible Authority six (6) months after completion of the landscaping to ensure that species have been adequately maintained.

18. All disturbed surfaces on the land resulting from the development/building and works authorised or required by the permit shall be revegetated and stabilised to the satisfaction of the Responsible Authority so as to prevent any erosion or siltation either on or adjacent to the land.

19. The tree removal hereby approved shall be in accordance with the endorsed plan. The endorsed plan shall not be altered or modified unless further consent is obtained from the Responsible Authority.

20. The tree removal/ pruning authorised by this permit must be completed to the satisfaction of the Responsible Authority.

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21. The installation of utility services must be bored under the root systems of the trees to be retained.

Supplementary watering must be provided to all trees during dry periods, during and after the construction process. This must consist of a deep soaking at least twice a week during summer and daily in extreme heat conditions.

nothing whatsoever shall be attached to any tree including temporary services, wires, nails, screws or any other fixing device.

all root zones shall be bridged using timber planks, to assist in reducing soil compaction and consequent root damage.

A Qualified Arborist must attend the site during site cut and excavation to ensure that all affected tree roots are managed correctly and to ensure any damaged or exposed tree roots are pruned cleanly and the cut ends sprayed with a root hormone solution before covering with soil.

Any backfill material must be a mixture of quality topsoil and organic composted material and the trees must be monitored on a regular basis during and after construction, by the Consultant Arborist.

Open trenching must be avoided - bore under the root system as an alternative. 22. Crossings shall be constructed in a manner that will not damage the root systems of any

mature street trees. A qualified Arborist must be engaged prior to the design and construction to plan and oversee construction methods which will ensure no damage to the trees (above and below ground). No work shall be carried out without approval of the Responsible Authority.

23. Prior to the commencement of any development works, Tree Protection Zones must be erected around all trees to be retained that are on the site, adjacent to the subject site and street trees. Tree Protection Zones, of cyclone wire or similar construction, shall be erected to the satisfaction of Council’s Arborist.

24. Prior to the issuing of a building permit for the development hereby permitted, a report must

be submitted to the satisfaction of the Responsible Authority. This report must certify that the proposed development has been designed to achieve a five star energy rating, using the Sustainable Energy Authority of Victoria ‘FirstRate’ system or equivalent.

25. The Legal Point of Discharge for this development is to be the Council drain pit in the Esplanade and located at a point near the southwest corner of the property. The Developer should be satisfied that levels permit the adoption of the above discharge point.

26. Basement drainage (seepage water/ agricultural) must be pumped to the nearest Council Drain Pit and not be discharged to the kerb and channel.

27. Plans for the construction of the outfall drain must receive Bayside City Council approval prior to the commencement of the development.

28. Any paved courtyards/ paths must be graded/ drained to prevent stormwater discharge into adjacent properties.

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The development and use is/are not started within two (2) years of the date of this permit.

The development is not completed within two (2) years of the date of the commencement of the works.

The Responsible Authority may extend the periods referred to if a request is made in writing before the permit expires or within three months afterwards.

30. A Construction Management and Traffic Management Plan must be presented to Council

for approval prior to the commencement of building works.

Date Brief description of Amendment

13 October 2015 Amendment pursuant to Section 72

Amendment to Planning Permit preamble

Amendment of the preamble to read,

“The development of 11 apartments and 24 townhouses, basement car parking and access to a declared main road”.

Amendment to Planning Permit Conditions

Amendment to Condition 1 (f) to read,

“All plant and equipment (including air conditioning units, heating units, hotwater systems, etc.) which is proposed to be located externally shall be identified on the plans and located to the satisfaction of the Responsible Authority. Such equipment should be located away from bedrooms of adjoining properties. Details of screening and noise attenuation measures around plant equipment to be provided.”

Addition of Condition 1 (h) to read,

“A minimum of three bicycle parking spaces provided in accordance with the provisions of Clause 52.34 (Bicycle Facilities) of the Bayside Planning Scheme.”

Amendments to endorsed plans

At basement level:

Substation finished floor level raised from 1.6m RL to 1.65m RL to match basement;

Reconfiguration of the service area accommodating the Generator, Communications, Storage and Main Switchboard rooms; and

Reallocation of Car Parking Spaces 15 and 16 to Visitor Spaces.

At ground floor level:

Ground floor level of Building A lowered from 6.78RL to 4.93RL;

Ground floor level of Building B lowered from 6.18RL to 4.93RL;

Podium floor level lowered from 6.08RL to 4.86RL;

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General reconfiguration of windows;

Northern boundary fence setback 5.7m from the western title boundary;

Rainwater tank level lowered from 7.04RL to 6.86RL;

Relocation of plant equipment from roof to enclosure at ground level at the rear of Building A; and

Revised landscaping.

At first floor level:

First floor level of Building A lowered from 10.295RL to 8.145RL;

First floor level of Building B lowered from 9.795RL to 8.145RL; and

General reconfiguration of windows.

At second floor level:

Insertion of additional floor to Building As and B at 11.36RL. This floor comprises two additional apartments to Building A (Apartment 5 and 6) and one additional apartment to Building B (Apartment 3).

At third floor level:

This is a new level due to the insertion of the new second floor below. The layout of this floor reflects the layout of the previously approved second floor. In Building A, Apartment 5 is renumbered to Apartment 7. In Building B, Apartment 3 is renumbered to Apartment 4;

The floor level of Building A has increased from 13.81RL to 14.575RL; and

The floor level of Building B has increased from 13.41RL to 14.575RL.

At roof level:

Roof terrace of Building A raised from 17.61RL to 17.87RL;

Roof terrace to Building B raised from 16.83RL to 18.00RL;

Depth of planters to Building A increased from 2m to 3.18m;

Stair enclosure to Building A now integrated with store room, spa removed and planter bed now concealing lift overrun;

Rearrangement of roof plant equipment to Building B and installation of ducting.

The landscaping plan has also been revised as follows:

The number of canopy trees along the frontage has increased from 2 to 6;

The predominant species of canopy tree in the front setback has changed from Allocasuarina veticillata (Drooping She-oak) to Allocasuarine littoralis (Black She-Oak); and

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The species of trees to be planted on both sides of the internal driveway between Buildings C1 and C2 has changed from Juniperus virginiana ‘Spartan’ (Spartan Eastern Red Cedar) to Pyrus calleryana ‘Capital’ (Capital Pear).

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STANDARDS OF THE BAYSIDE PLANNING SCHEME FOR TWO OR MORE DWELLINGS ON A LOT (CLAUSE 55)


Requirement and Proposed

B1 Neighbourhood Character

Design respects existing neighbourhood character or contributes to a preferred neighbourhood character.

Development responds to features of the site and surrounding area.

Yes See report.

B2 Residential Policy

Residential development is consistent with housing policies in the SPPF, LPPF including the MSS and local planning policies.

Support medium densities in areas to take advantage of public transport and community infrastructure and services.

Yes See report.

B3 Dwelling Diversity

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

Yes

B4 Infrastructure

Provides appropriate utility services and infrastructure without overloading the capacity.

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

B5 Integration with the Street

Integrate the layout of development with the street

Yes Dwelling entry is clearly identifiable.

B6 Street Setback

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

Unchanged

B7 Building Height

Building height should respect the existing or preferred neighbourhood character.

Yes See report.

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B8 Site Coverage

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

Unchanged

B9 Permeability

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

Unchanged

B10 Energy Efficiency

Achieve and protect energy efficient dwellings and residential buildings.

Ensure orientation and layout reduces fossil fuel energy use and makes appropriate use of daylight and solar energy.

Yes

B11 Open Space

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

Unchanged

B12 Safety

Layout to provide safety and security for residents and property.

Unchanged

B13 Landscaping

To provide appropriate landscaping.

To encourage:

Development that respects the landscape character of the neighbourhood.

Development that maintains and enhances habitat for plants and animals in locations of habitat importance.


Yes See Report.

B14 Access

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

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

Unchanged The crossover and basement are considered to provide for safe and convenient access.

Council’s Traffic Engineer and VicRoads have no objections to the proposed amendments.

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B15 Parking Location

Provide resident and visitor vehicles with convenient parking.

Avoid parking and traffic difficulties in the development and the neighbourhood.

Protect residents from vehicular noise within developments.

Yes Visitor spaces have been allocated.

B17 Side and Rear Setbacks

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

No Refer report and below table.

Required Proposed

Building A, Northern (side) 7.09m (to parapet) 2.86m (to parapet)

Building B, Southern (side) 8.61m (to lift overrun) 13m (to lift overrun)

B18 Walls on Boundaries

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

Yes

B19 Daylight to Existing Windows

Allow adequate daylight into existing habitable room windows.

Yes Setbacks to all boundaries are sufficient.

B20 North Facing Windows

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

Yes There are no north facing windows in close proximity.

B21 Overshadowing Open Space

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

Yes See report

B22 Overlooking

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

Yes Screening and obscure glazing to windows has been provided to prevent any overlooking.

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B23 Internal Views

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

Yes There are no internal view opportunities due to setbacks, screening to windows and screening to balconies.

B24 Noise Impacts

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

Yes The proposed amendments will not result in unreasonable noise impacts to adjoining properties. Plant equipment has been relocated from roof level to ground level to minimise amenity impacts associated with these services.

See report.

B25 Accessibility

Consider people with limited mobility in the design of developments.

Unchanged

B26 Dwelling Entry

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

Unchanged

B27 Daylight to New Windows

Allow adequate daylight into new habitable room windows.

Yes All new windows have access to direct natural light as required.

B28 Private Open Space

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

Yes The additional apartments have been provided with a sufficient level of private open space. It is further noted future residents have the benefit of being located in close proximity to the foreshore reserve.

B29 Solar Access to Open Space

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

Yes The additional apartments will receive good solar access.

B30 Storage

Provide adequate storage facilities for each dwelling.

Yes Storage areas in the basement for each apartment.

B31 Design Detail

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

Yes The design is contemporary and reflects some of the more modern buildings in the area.

B32 Front Fences

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

Unchanged

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B33 Common Property

Ensure car parking, access areas and other communal open space is practical, attractive and easily maintained.

Avoid future management difficulties in common ownership areas.

Unchanged

34 Site Services

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

Avoid future management difficulties in common ownership areas.

Yes

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4.8

9 Mary Street, Beaumaris Notice of Decision to Grant a Permit Application No: 2015/35/1 Ward: Southern


File No: 2015/35/1

APPLICATION DETAILS

Land/Address: 9 Mary Street, Beaumaris



Ward: Southern Ward


Applicant's/Owner's Name: EMT Projects

Date Received: 10 February 2015

Statutory Days Expiry: 11 April 2015

Zoning: Neighbourhood Residential Zone Schedule 3 (NRZ3)


Vegetation Protection Overlay 3 (VPO3)

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


Current use and development: Vacant Site

Objections: Four

PROPOSITION


PROPOSAL

The applicant seeks planning permission for the construction of two double storey dwellings.

Dwelling 1

Dwelling 1 will comprise a master bedroom with an ensuite and walk in robe, an open plan kitchen, dining room and lounge room, separate toilet and laundry at ground floor. At first floor there will be three bedrooms, one with an ensuite and walk in robe, a bathroom with separate toilet and a lounge room with study nook. Vehicle parking will be provided via a double garage.

Dwelling 2

Like dwelling 1, the ground floor of dwelling 2 will comprise a master bedroom with an ensuite and walk in robe, an open plan kitchen, dining room and lounge room, separate toilet and laundry. At first floor it will comprise three bedrooms, a bathroom with separate toilet and a lounge room with a study nook. Vehicle parking will be provided via a double garage.

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The subject site is located on the western side of Mary Street, Beaumaris. The site is predominantly rectangular in shape with a frontage to Mary Street of 15.24 metres and a depth of 45.26 metres, giving it an overall area of 689.76 square metres.

The site is currently vacant except for a large Schinus Molle (Peppercorn tree) located in the rear north western corner of the site. The site previously contained a single storey weatherboard dwelling with a shed at the rear.


The site to the north at 7 and 7A Mary Street contains a double storey brick and a single storey brick dwelling respectively. 7 Mary Street is setback 6.09 metres from the front boundary. The access way to 7A Mary Street is located along the northern boundary of the subject site.

The property to the south at 11 Mary Street contains a double storey brick dwelling with a large double garage located in the front setback in front of the dwelling. The brick garage is setback 7.93 metres from the front boundary while the dwelling is setback 16.63 metres from the front boundary.

The property to the east at 18 Mary Street contains a double storey brick dwelling with a swimming pool and rear shed. The dwelling is setback 7.70 metres from the front boundary.

The adjoining property to the south at 10 Hepburn Avenue contains a double storey rendered brick dwelling with a swimming pool.

The surrounding area predominantly contains detached dwellings of both a single and double storey nature on a range of lot sizes. The dwellings are constructed from a range of building materials including brick, weatherboard and render. Front fences also range in height and style.

PERMIT/SITE HISTORY

Title and Covenants The applicant has submitted a copy of title for the subject site, issued by the titles office on 6 February 2015. The title is not subject to any covenants or restrictions.

Background No previous planning applications have been determined for the subject site.

PUBLIC NOTIFICATION


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

Placing a sign on site facing Mary Street, Beaumaris.

The notification has been carried out correctly and Council has received four objections to date.

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The key issues raised by the objectors are:

Overlooking / privacy concerns

Development is incompatible with neighbourhood character

Stormwater and flooding issues

Protection of existing properties during construction

Locality Plan

CONSULTATION

The applicant declined an invitation to a consultation meeting. They chose instead to prepare a written response to the objectors concerns for Council to consider.

Legend

Subject Site

Objector

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REFERRALS


Arborist No objections subject to conditions

Drainage Engineer No objections subject to conditions

Traffic Engineer No objections subject to conditions

Street Tree Arborist No objections subject to conditions

ASSESSMENT











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











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



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Zone


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

Overlays

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

A planning permit is not required under the provision of this overlay as no native vegetation is proposed to be removed, destroyed or lopped pursuant to Clause 42.02-2.


A planning permit is not required under the provisions of this overlay to construct or carry out works for a residential building or dwelling.




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General Provisions


Planning Scheme Amendments

C140 – Planning Scheme Amendment C140 has been prepared by Council. Exhibition of this amendment commenced on 21 July 2015 and concludes on 17 September 2015. This amendment proposes to introduce a minimum lot size of 400 square metres into Schedule 3 of the Neighbourhood Residential Zone (NRZ3) and also varies a number of the technical standards of the schedule including side and rear setbacks, open space and permeability in the NRZ3.

Until such time however as Amendment C140 concludes exhibition, submissions are reviewed and the final form of the amendment is reviewed by a Panel and adopted by Council, no weight can be given to it. Case law confirms that proposed amendments to planning schemes are not considered to be ‘seriously entertained’ and applied in the assessment of permit applications until such time as they have progressed beyond a Panel and adopted.

Accordingly, this application has been assessed against the current provisions of the Bayside Planning Scheme and not the provisions which may be introduced into the scheme via Amendment C140.



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

The bushy gardens surrounding the dwellings dominate the streetscapes. Where the topography is hilly, the buildings are set within the landscape, and are sometimes sited to take advantage of water views without dominating the streetscape. Adequate space is provided around dwellings for the retention and planting of vegetation, and indigenous canopy trees are common. Low or open style front fences are usually provided, in order to retain the openness of the front garden to the street.

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Precinct Guidelines


To strengthen the bushy garden character

of the area through the planting of

appropriate species.

Retain large established trees

and understorey, and provide

for the planting of new

indigenous trees wherever

possible (locate footings

outside root zone).

Prepare a landscape plan to

accompany all applications for

new dwellings that utilises

appropriate native, preferably

indigenous, vegetation.

Minimise impervious surfaces

particularly in front garden

spaces to ensure space for

plantings.



Removal of large established

trees.

Planting of environmental weeds


separation between buildings and ensure

adequate space is provided around

buildings for the retention and planting of

vegetation.

Buildings should be sited to

allow space for a garden,

including trees and shrubs.


create the appearance of space

between buildings and

accommodate vegetation.


To minimise the loss of front garden


structures.

Locate garages and carports

behind the line of the dwelling.

Underground car parking

accessed from the front of the

site should only be provided

where other options are not

possible due to site constraints,

the garage doors do not

dominate the façade and the

front setback area is retained

as predominantly garden

space.



the dwelling.

To minimise site disturbance and impact of

the building on the landscape.

Buildings should be designed to

follow the contours of the site

on sloping sites.

Minimise the use of retaining

walls and battering of slopes.

Design new buildings and

extensions so as not to exceed

the predominant tree canopy

height.

Major excavation works and site

levelling.

Buildings that protrude above

the tree canopy height.

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To ensure that new buildings provide an

articulated and interesting façade to the

street.

Incorporate design elements

into the front façade design of

new dwellings such as

recessed portions, projecting

elements behind the front

setback line, combinations of

materials, textures or colours or

other elements providing

appropriate articulation.

Recess upper levels from the

front façade.

Large, bulky buildings

Poorly articulated front and side

wall surfaces.

To use building materials and finishes that

complement the natural setting.

Use a mix of materials, textures

and finishes including render,

timber, non-masonry sheeting,

glazing, stone and brick.

Period reproduction styles and

detailing.

To maintain the openness of the front

garden to the street.

Provide open style front fences,

other than along heavily

trafficked roads.

Use vegetation as an

alternative where possible.

High or solid front fences.

The proposal features a flat and pitched roof development setback from Mary Street in a manner consistent with adjoining allotments to enable the planting of vegetation within the front setback. The development is also offset from one of the side boundaries towards the front of the site to enhance the appearance of space between built forms on adjoining allotments and accommodate planting around the majority of the building consistent with the precinct guidelines and existing neighbourhood character.

The first floor slightly cantilevers over the ground floor below and a variety of design elements break up the appearance of the development. The approximate 7.5 metre maximum building height is consistent with established two storey development within the streetscape.

The neighbourhood character objectives of this precinct advocate for new buildings that provide an articulated and interesting façade to the streets and provide a design response that incorporates a range of design elements into the front façade. It is considered that the proposed development is appropriately articulated through a range of different materials, textures and colours, with a range of recessed elements and projecting elements (front windows). This articulation will reduce any visual bulk concerns. The proposed materials are considered to complement the natural setting.

The neighbourhood character statement advocates for the strengthening of the bushy garden character of the area by retaining large trees wherever possible and providing space around buildings for the planting of trees and shrubs. A landscape plan has been submitted with the application showing the retention of a large Schinus Molle (Peppercorn tree) in the rear north western corner of the site. The landscape plan also details replacement planting surrounding the dwellings to provide a bushy garden character and reduce visual bulk.

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Setbacks

Front setback

The proposal is required to be setback a minimum of 7.93 metres from the front boundary, the same as the setback of the garage at 11 Mary Street.

At ground floor level, the proposal will be setback between 8.56 metres – 8.78 metres, while at first floor it will be setback 7.93 metres – 8.2 metres. Compliance with Standard B6 (Street Setback) of the Bayside Planning Scheme is therefore demonstrated.

Side and rear setbacks

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

Ground Floor First Floor


North (side) 0 or 2 m 1m - 2 m 2.72m – 3.59m 3.32m – 3.68m

South (side) 0 or 2 m 1m - 2 m 2.57m - 3.56m 3.2m – 3.68m

West (rear) 0 or 3 m 10.54m – 10.59m 4.08 m (above NGL)

10.54 m – 10.59 m

Areas of non-compliance are underlined.

The northern elevation associated with the dining room and kitchen of dwelling 1, and the southern elevation associated with the living room of dwelling 2 are setback a distance of 1 metre from their respective boundaries, instead of 2 metres as per the requirements of Schedule 3 of the Neighbourhood Residential Zone.

The reduced ground floor setback associated with dwelling 1 is considered to be acceptable because this wall will be adjacent to the driveway of 7A Mary Street and cause no additional overshadowing or detrimental visual bulk. The 1 metre ground floor setback of dwelling 2 is also considered to be acceptable as the wall is sufficiently setback in accordance with the requirements of Clause 55.04-4 (Standard B20 North Facing Windows) of the Bayside Planning Scheme. This will ensure adequate light and solar access into the north facing habitable room windows at 11 Mary Street. This wall is also to be constructed in a location that ensures it will not cause detrimental overshadowing and is in accordance Clause 55.04-5 (Standard B21 Overshadowing) of the Bayside Planning Scheme. Lastly, due to the slope on the land, a portion of this wall will be built below natural ground level, resulting in less visual bulk to 11 Mary Street.

Overshadowing

The shadow diagrams submitted indicate that there will be some minor additional overshadowing of the adjacent property to the south at 11 Mary Street during the day, however the proposal complies with Standard B21 of Clause 55.04-5. At least 40 square metres with a minimum dimension of 3m of the secluded private open space at 11 Mary Street will receive a minimum of five hours of sunlight between 9am and 3pm on the 22 September.

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Overlooking

The rear (western) and side (northern and southern) boundary fences are at least 1.8 metres in height. The finished floor levels of all ground floor habitable rooms are less than 800mm above natural ground level. Some windows will also be constructed below natural ground level due to the slope of the land. Therefore, there will be no overlooking at the ground floor level of this proposal in accordance with Clause 55.04-6 (Standard B22 Overlooking) of the Bayside Planning Scheme.

The lounge room and study nook windows associated with dwelling 1 have the potential to overlook the upper floor window of 7 Mary Street opposite. These windows must therefore be screened to a height of 1.7 metres above finished floor level in accordance with Clause 55.04-6 (Standard B22 Overlooking) of the Bayside Planning Scheme.

On the southern elevation (dwelling 2), it appears that the lounge room and study nook window is to be 1.7 metres above finished floor level, but this is not clearly annotated on the plans. Also, it appears that the section of the bedroom 3 window which is up to 1.7 metres above finished floor level is meant to be fixed, obscure glass, but this is also not clearly shown on the plans. A condition of approval will include that these windows be correctly annotated.

Like bedroom 3 of dwelling 2, it appears that the section of the bedroom 4 window of dwelling 2 which is up to 1.7 metres above finished floor level is meant to be fixed, obscure glass, but this is also not clearly shown on the plans. As per the above, a condition of approval will include that these windows be correctly annotated and screened.

The objectors at 7A Mary Street have raised concerns that the window of bedroom 3 of dwelling 1 will overlook one of their habitable room windows. As the window of bedroom 3 is more than 9 metres from the objector’s window (at a distance of 9.97 metres), it is not required to be screened in accordance with Clause 55.04-6 (Standard B22 Overlooking) of the Bayside Planning Scheme.

The objector at 10 Hepburn Street to the rear of the subject site has raised concerns with overlooking from rear habitable room windows. There will be no overlooking at the rear ground floor level as discussed above. At the rear first floor level, the bedroom 4 window of dwelling 1 is at least 9 metres from any neighbouring habitable room windows or secluded private open space (at a minimum distance of 9.6 metres) so does not require screening as per the requirements of Standard B22 Overlooking of the Bayside Planning Scheme. The bedroom 4 window of dwelling 2 requires additional screening measures / annotations as detailed above as it does not currently comply with Clause 55.04-6 (Standard B22 Overlooking) of the Bayside Planning Scheme.


Council’s Traffic Engineer has reviewed the proposal and has no objection subject to widening the garage doors, the re-construction of the existing crossover, alterations to the proposed new crossover, the provision of sight lines / splays and the drainage pit located in the driveway of dwelling 2 changed to a trafficable pit. These conditions will be included in the recommendation.


Council’s Arborist has reviewed the proposal. The Arborist has requested an Arborist Report to ensure that the Schinus molle (Peppercorn tree) at the rear of the site is protected during development and will remain via post construction. This Arborist Report will also be required to outline the tree protection measures for the mature Cupressus sempervirens (Italian Cypress) located in the adjoining property 10 Hepburn Avenue, adjacent to the shared boundary fence with the subject site. These requirements will be included in the recommendation.

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An update to the landscape plan will be required as Council’s Arborist is of the opinion that the proposed Melaleuca ericifolia trees within the front setback are unlikely to grow more than 5 metres in height in Bayside conditions and therefore cannot be considered as canopy trees. A condition of approval will require that the landscape plan is to include an indigenous tree capable of reaching a minimum height 12m in the front setback of one of the dwellings. The remaining dwelling must have an indigenous tree capable of reaching a minimum height of 6 meters in its front setback.

Street Trees

Council’s Open Space Arborist has also reviewed the proposal and any impact it may have on the Lophostemon confertus (Brushbox) street tree. Subject to conditions, the Open Space Arborist is satisfied that the street tree can be retained.


Issues raised by objectors that have not been addressed in the assessment above, are discussed below.

Stormwater and flooding issues

The application has been referred to Council’s Drainage Engineer who does not object to the proposal and has not raised concerns with stormwater and flooding issues, subject to conditions being including on any planning permit that is issued.

Protection of existing properties during construction

This process is not controlled or overseen via the planning process and regulations. It is a matter addressed at the building permit stage.

CONCLUSION

It is considered that the proposed development is generally acceptable and will not impact adversely on the prevailing neighbourhood character or the general amenity of the area subject to the amendments as outlined above. On this basis it is recommended that the application be approved.

RECOMMENDATION

That Council having caused notice of Planning Application No. 2015/35/1 to be given under Section 52 of the Planning and Environment Act 1987 and having considered all the matters required under Section 60 of the Planning and Environment Act 1987 decides to Issue a Notice of Decision to Grant a Permit under the provisions of the Bayside Planning Scheme in respect of the land known and described as 9 Mary Street, Beaumaris, for the Construction of two double storey dwellings in accordance with the advertised plans dated 10 February 2015 and 23 July 2015, subject to the following conditions, including the specified conditions set out in the Council’s “Town Planning Standard Conditions” adopted by the Council on 28 November 2006:-


a) A schedule of construction materials, external finishes and colours. b) The lounge room and study nook window of dwelling 2 to be annotated as being at

least 1.7 metres in height above finished floor level in accordance with Standard B22 Overlooking of the Bayside Planning Scheme.

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c) The section of window up to 1.7 metres above finished floor level associated with bedroom 3 of dwelling 2 is to be annotated as being fixed and obscure in accordance with Standard B22 Overlooking of the Bayside Planning Scheme.

d) The section of window up to 1.7 metres above finished floor level associated with bedroom 4 of dwelling 2 is to be annotated as being fixed and obscure in accordance with Standard B22 Overlooking of the Bayside Planning Scheme.

e) The lounge room and study nook windows at the first floor of dwelling 1 to be screened to a height of 1.7 metres above finished floor level in accordance with Standard B22 Overlooking of the Bayside Planning Scheme.

f) A 3 metre wide crossover for dwelling 2 offset 1.3 metres from the southern property boundary.

g) The double garages to have a minimum 4.8 metre wide door opening. h) Visibility splays in accordance with Design Standard 1 of Clause 52.06-8 of the Bayside

Planning Scheme. i) A Landscape Plan in accordance with Condition 7 of this Planning Permit. j) An Arborist Report in accordance with Condition 8 of this Planning Permit. k) The Water Sensitive Urban Design (WSUD) measures in accordance with Condition 12

of this Planning Permit.

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



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

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

7. Before the development starts, an updated Landscape plan to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed and will then form part of the permit. The plan must be generally in accordance with the landscape plan date stamped 23 July 2015, prepared by Time Landscape and Outdoor Creations except that the plan must show:

a) An indigenous tree capable of reaching a minimum height of 12m at maturity in the front setback of dwelling 1.

b) An indigenous tree capable of reaching a minimum height of 6m at maturity in the front setback of dwelling 2.

8. Before the development starts, an Arborist Report in accordance with AS 4970-2009 is to be submitted and approved to the satisfaction of the Responsible Authority. The Arborist Report is to include the following:

a) A construction impact assessment and tree protection methodology for the duration of the construction period for the Schinus molle (Peppercorn Tree).

b) Information demonstrating the viability of the Schinus molle (Peppercorn Tree) post construction, including any modifications required to the development plans to ensure the trees long term viability.

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c) A Tree Protection Methodology Statement for the Cupressus sempervirens located at 10 Hepburn Avenue detailing how this tree is to be protected for the duration of development.


10. Tree Protection Fencing is to be established around the street tree - Lophostemon confertus (Brushbox) prior to demolition and maintained until all works on site are complete:

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

b) The fencing is to encompass the entire naturestrip under the drip line of the tree. c) The Tree Protection Zone is to be established and maintained in accordance with

Australian Standards 4970 Protection of trees on development sites. d) During construction of the crossover, tree protection fencing may be reduced to the

edge of the Council approved crossover to facilitate the construction of the crossover.

11. Root pruning within the TPZ (Tree Protection Zone): a) Prior to soil excavation, a trench along the line of the proposed crossover must be dug

by hand. b) All affected roots must be correctly pruned.

12. Before the commencement of works, detailed plans to the satisfaction of the Responsible Authority must be submitted to and be approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be in accordance with the guidelines outlined in Clause 22.08 of the Bayside Planning Scheme and must show:-






13. Vehicular crossing(s) must be constructed to the road to suit the proposed driveway(s) to the satisfaction of the responsible authority and any existing crossing or crossing opening must be removed and replaced with footpath, nature strip, and kerb and channel to the satisfaction of the Responsible Authority.


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

18. Any subsurface water captured on the site must be treated in accordance with Council's Policy for "Discharge of pumped Subterranean Water Associated with Basement or Below Ground Structures". Any seepage/agricultural drainage water must be filtered to rain water clarity and must be discharged to the nearest Council Drain/Pit and not be discharged to the kerb and channel unless directed otherwise.

19. All on−site stormwater is to be collected from the hard surface areas and must not be allowed to flow uncontrolled onto adjoining properties. The on-site drainage system must prevent discharge from each driveway onto the footpath. Such a system may include either:

i) A trench grate (150mm minimum internal width) located within the property and/or ii) Shaping the driveway so that water is collected in a grated pit on the property and/or iii) Another Council approved equivalent.

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









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Permit Notes

(a) Build Over Easement

Council records indicate that there is no easement within the property.

(b) Permits to be acquired

i) Construction of any fence / wall / letterbox structures may necessitate removal / damage of some sections of footpath. If this is the case, a 'Road Opening Permit' must be obtained to facilitate such work.

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

(c) Flood Zone

Property is not in a 'Flood Zone'.

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TWO OR MORE DWELLINGS ON A LOT AND RESIDENTIAL BUILDINGS


Comments


Yes See report.


Yes It is considered that overall design and siting of the proposed development, pursuant to conditions, is responsive to these policies. The subject site is appropriately located with regard to services and facilities to support a two dwelling development.


N/A N/A


Yes Any upgrades required will be the responsibility of the developer.


Yes The proposed development has been appropriately orientated to integrate with the streetscape.


Yes Required: 7.93 metres Proposed G/F: 8.56 metres – 8.78 metres Proposed F/F: 7.93 metres – 8.2 metres


Yes Maximum: 9 metres (due to slope) Proposed: 7.5 metres

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Yes Max: 50% Proposed: 50%


Yes Min: 20% Proposed:27%


Yes The proposed development has been designed in manner that will allow appropriate use of solar energy without detriment to adjoining allotments.


N/A


Yes The proposed entrances to the dwelling’s entries will be suitably distinguished when viewed from the streetscape, while all landscaping within the front setback has been suitably positioned to ensure that no unsafe spaces are created.


Yes An updated landscape plan forms a condition of approval, and will include the planting of indigenous vegetation canopy trees.


Yes Each dwelling is provided with accessways appropriate within the context of the streetscape.

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Yes All car parking facilities are conveniently located.



No See report.



East (side) 0 or 2 m 1m – 2m 2.72m – 3.59m 3.32 m – 3.68m

West (side) 0 or 2 m 1m – 2m 2.57m – 3.56m 3.2m – 3.68m

South (rear) 0 or 3 m 10.54m – 10.59m 4.08m (above NGL)

10.54m – 10.59m

Areas of non-compliance are underlined.


Yes Northern boundary Maximum length: 18.93 metres Proposed length: 10.90 metres

Maximum height: 3.6 metres Proposed maximum height: 3.4 metres Average height: 3.2 metres Southern boundary Maximum length: 18.81 metres Proposed length: 6.50 metres

Maximum height: 3.6 metres Proposed maximum height: 2.88 metres Average height: 3.2 metres


Yes The proposed development will allow adequate daylight into existing habitable room windows.

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Yes The proposed development will allow adequate solar access into existing north-facing habitable room windows.


Yes See report.


No. See report.


Yes The proposal has been designed in such a way that it will limit overlooking of more than 50% of the secluded private open space of the lower level of each dwelling.


Yes The proposed development has been designed in a manner that will appropriately contain noise generated from the two dwellings.


Yes The proposed dwellings can be easily adapted to be accessible to people with limited mobility.


Yes The two dwellings feature varying finishes and articulation to distinguish one from the other and establish each with its own sense of identity.


Yes The proposed development has been design to allow adequate daylight into habitable room windows.

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

Yes Minimum: 40 square metres with 25 square metres of secluded private open space with a minimum dimension of 3 metres

Dwelling 1 POS: > 40 square metres SPOS: 78.71 square metres

Dwelling 2 POS: > 40 square metres SPOS: 79.35 square metres

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Yes Both dwellings receive adequate solar access to secluded private open space in line with the requirements of this standard.


Yes Both dwellings have been provided with 6 cubic metres of secure storage space within their rear yard areas.


Yes The proposed design is a contemporary design compatible with emerging built form within the area in both its overall style and material finishes.


Yes No front fence is proposed.


Yes No common property is proposed


Yes The proposed development is in a location that will ensure site services and facilities can be installed and maintained.

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4.9

33 Bluff Road, Black Rock Notice of Decision to Grant a Permit Application No:2015/17/1 Ward: Southern


File No: 2015/17/1

APPLICATION DETAILS

Land/Address: 33 Bluff Road, Black Rock

Application is for: Alterations and additions to an existing building including a first floor addition to accommodate two dwellings and reduction of car parking requirements

Melway Reference: 85/K4

Ward: Southern Ward


Applicant's/Owner's Name: Peninsula Planning Consultants Pty Ltd

Date Received: 13 January 2015

Application amended: 1 June 2015

Statutory Days Expiry: 31 July 2015


Overlays: Vegetation Protection Overlay Schedule 3 (VPO3)

Design and Development Overlay Schedule 1 (DDO1)

Under what clause(s) is a permit required? Clause 34.01-6 (Buildings and Works)

Clause 52.06 (Car parking)


Current use and development: Single storey shop

Objections: Three

PROPOSITION


PROPOSAL

This application seeks approval for alterations and addition to an existing shop at the ground floor level and construction of 2 apartments at the first floor level. A roof deck is proposed at the uppermost level to provide additional private open space to one of the apartments.

At ground floor level, it is proposed to provide two entry foyers, a shop, storage areas and 2 car spaces. The dwellings located at the first floor level comprise of 2 bedrooms each, a bathroom, ensuite to Bed 1 and an open plan kitchen/living/dining area. Each dwelling will have an 8 square meter deck to provide an open space area for each dwelling with one deck located to the East (Bluff Road) and the other deck facing the Right-of-Way (ROW) to the west.

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Car parking is proposed to the rear of the site comprising of two open spaces with one car space allocated to each dwelling, accessed via the ROW to the west.

The building will be constructed of rendered brickwork with a pitched colourbond roof and will stand a maximum height of 9.085 metres above natural ground level.



The subject site is rectangular in shape with a frontage of 6.1m and a depth of 37.6m, comprises a total area of 229.36 square metres and currently contains:

A single storey brick shop with informal parking areas located to the rear of the shop, accessed by a ROW that defines the western boundary.


The subject site is located within the Black Rock commercial centre. The centre is serviced by a public car park to the north with parallel parking available on Bluff Road.

To the north of the site at 35 Bluff Road, is a double storey brick shop.

To the south of the site at 31 Bluff Road, is a single storey brick shop.

To the east of the site, across the road, is a two storey building which contains several businesses typically containing retail, office or food use at the ground floor level with office uses located at the first floor level.

To the west of the site is a constructed laneway, beyond which are residential properties.

PERMIT/SITE HISTORY

Title and Covenants The applicant has submitted a copy of title for the subject site, issued by the titles office on 9 January 2015. The title is not subject to any covenants or restrictions.

Background There has been one previous planning application lodged at the subject site:

Application No. Proposal Determination

5/2009/186/1 Alterations to the existing ground floor shop and the addition of two dwellings at first floor.

Withdrawn: 9 June 2011

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PUBLIC NOTIFICATION



Placing a sign on site facing Bluff Road.

The notification has been carried out correctly and Council has received 4 objections to date. One objection has been withdrawn following discussions with the permit applicant.

Locality Plan

Note: The other objectors are located further away beyond the map boundary.

Legend

Subject Site

Objector


Car parking.

CONSULTATION

The applicant declined an invitation to a consultation meeting as they preferred to negotiate directly with the objector/s.

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REFERRALS

The application has been forwarded to the following Council departments:


Traffic Engineer No objection.

ASSESSMENT















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Zone


A planning permit is required pursuant to Clause 34.01-6 for the proposed buildings and works.

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Overlays

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

A planning permit is not required pursuant to the overlay.

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

A planning permit is not required pursuant to the overlay.



A planning permit is required pursuant to this provision to reduce the car parking requirements.

General Provisions



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


The context for the precinct is best described as containing early post war and late 20th century buildings with some examples of interwar structures. Buildings tend to be either single or double storey in form with shops being typically located at the ground floor level with some examples of shop-top dwellings. The precinct is typically characterised by long, narrow sites with minimal frontages although the streetscape does contain examples of shops occupying a double frontages. The architecture of the place is highly varied with no set pattern. Buildings are built boundary-to-boundary and maintain a continuous commercial frontage at the ground floor level. It is considered that the contemporary nature of the proposal will sit comfortably within the precinct being of a height, scale, form and finish that is referenced within the business centre.

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Setbacks

At the ground floor level, the north (side), east (front) and south walls (side) of the development are built on the boundary whilst a 9.9 metre setback is proposed from the west boundary (rear). The front and side walls of the development area consistent with commercial development in the area which comprises the majority of the site whilst the setback from the rear is to allow for an area to accommodate the open plan car parking spaces, bins and the like. The first floor level will extend up to the line of the rear boundary and therefore utilise the maximum area possible on such a site. The siting of the development is in line with what is allowed in a Commercial 1 Zone and on balance is appropriate given the commercial zoning of the land.

Building Height & Roof Deck

The proposed building is two storeys with a maximum building height of 9.085 metres to the rear of the site which is the low point of the site. The building will have a maximum height of 6.75 metres from the front of the site. The building height is consistent with the streetscape and will not have an over bearing impact, excluding the roof deck, on the adjoining residential area to the west as the area is setback away from the commercial area by the 3.05 metre wide ROW. Furthermore the proposed height accords with the design objectives expressed under the Design and Development Schedule 1.

A roof deck is proposed at the uppermost level for use by the future occupants of the rear dwelling to the west (facing the ROW). The roof deck is accessible via a spiral staircase from the rear first floor deck, is angled with a minimum setback in excess of 2 metres away from the edge of the roof and enclosed from the north, east and south by 1.7 metre high walls and a 1 metre high wall to the west. Concern is held with the overall appearance of the development from the rear particularly as it serves as an interface between commercial and residential land. It is considered that the additional bulk associated with the roof deck is excessive and detrimentally contributory to the mass and scale of the development. A condition of approval will therefore require that the roof deck be deleted from the development in order to alleviate the overall impact of the building to a reasonable level. Whilst the removal of the roof deck will reduce the level of private open space available to the rear dwelling the removal of the spiral staircase from the first floor rear deck providing 8.13 square metres of clear open space. This is in excess of the minimum 8 square metre open space requirement for balconies pursuant to Standard B28 of Clause 55.05-4 Private open space objective.

Internal Amenity

The proposal has pedestrians accessing the site from Bluff Road and the sense of address is considered to be adequate and offer a reasonable level of amenity usually associated with apartment living. Both vehicle and pedestrian access is provided from the rear via the ROW. The dwelling component itself is afforded adequate living spaces and outdoor areas that will not be compromised by any future development on the adjacent land, taking full advantage of having one dwelling facing Bluff Road whilst the other addresses the ROW.

It is noted that the first floor elevator shaft does not feature any reference to an entry/exit point such as displayed at the ground floor. In order to ensure the functionality of both the elevator and residential access point provided along Bluff Road a condition of approval will require the addition such an entry/exit point at the first floor.

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Amenity Impacts

The decision guidelines provided at Clause 34.01-8, requires that Council considers a number of matters including potential off-site amenity impacts. Those specifically relevant to the assessment of this application are noted below:

- Consideration of the overlooking and overshadowing as a result of building or works affection adjoining land in a General Residential Zone, Neighbourhood Residential Zone, Residential Growth Zone or Township Zone.

The proposed development features 1.7 metre high screening along all habitable areas that would constitute overlooking over the residential allotments west of the site in accordance with Standard B22 of Clause 55.04-6 Overlooking objective. It has, however, been noted that the submitted plans feature the screening device to the rear balcony outside of the boundaries of the site. A condition of approval will therefore be included to ensure that all building and works is contained within the confines of the site.

The applicant has provided shadow diagrams indicating that the proposed development will not adversely overshadow the surrounding residential allotments between the hours of 9am and 3pm on the 22 September in accordance with Standard B21 of Clause 55.04-6 Overshadowing open space objective.


Currently the site is occupied by a single storey shop which has an informal parking arrangement as afforded by the ROW located at the rear of the site. It is proposed to create 2 formalised car spaces at the rear of the site with one space being allocated to each dwelling. Given that the appropriate amount of car parking is afforded for the proposed residential use of the site, a waiver is sought for the commercial shop component.

A Traffic Impact Assessment report indicates that the demand for parking is not outstripping the supply of spaces and further advises that it is likely that users of the area are likely to combine a visit to the shop with other shops in the area. The report commissioned surveys taken on Friday 27 March 2015, 12 noon to 2pm; 6pm to 9pm; and Saturday 28 March 2015, 11am to 2pm. The result of the survey indicates that demand for parking was adequately serviced with several car parks being unoccupied. The surveys also indicate that during the Friday afternoon period there were a minimum of 60 parking spaces available (1 hour) and on Saturday that there were 6 unrestricted car spaces available, in surplus to the demand.

The application was referred to Council’s Traffic Engineer who had not raised any objection with regard to the proposal. The immediate area is well serviced for parking and is located in proximity to a public car park to the north of the site which provides approximately 40 car spaces.

In considering the car parking demand, it is considered that the proposed development will produce a small amount of traffic which when dispersed over a significant area would have no significant adverse impact on the general area.

On balance, it is considered that the proposal provides for adequate on site car parking and that there is also sufficient on street and off street parking to service the parking needs generated by this site.

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CONCLUSION

It is considered that the proposal to retain the existing retail premises at ground floor and develop above for dwellings with two car spaces will provide an interactive ‘commercial’ frontage which accords with the objectives of Commercial 1 Zone, while providing dwellings close to public transport and amenities, which accords with both State and Local activity centre urban consolidation policies. Furthermore it is considered that the proposal will not result in unreasonable detriment to the character of the streetscape or residential area to the west. Further, the proposal will make a positive contribution towards the economic viability of the centre as well as meeting changing needs of the community. Accordingly approval is recommended.

RECOMMENDATION

That Council having caused notice of Planning Application No. 2015/17/1 to be given under Section 52 of the Planning and Environment Act 1987 and having considered all the matters required under Section 60 of the Planning and Environment Act 1987 decides to Issue a Notice of Decision to Grant a Permit under the provisions of the Bayside Planning Scheme in respect of the land known and described as 33 Bluff Road, Black Rock, for the Alterations and additions to an existing building including a first floor addition to accommodate two dwellings and reduction of car parking requirements in accordance with the application dated 13/01/2015, subject to the following conditions, including the specified conditions set out in the Council’s “Town Planning Standard Conditions” adopted by the Council on 28 November 2006:-


a) The roof deck and associated spiral staircase deleted. b) The addition of a west facing entry/exit to the first floor elevator shaft. c) The 1.7 metre high screen above finished floor level along the western side of the first

floor deck to ‘Dwelling 2’ within the title boundaries of the site. d) The car parking spaces to the rear to be line marked and signed as being designated

for use by occupants of the residential development.






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4.10

687 Hampton Street, Brighton Notice of Decision to Grant a Permit Application No: 2015/25/1 Ward: Central


File No: 2015/25/1

APPLICATION DETAILS

Land/Address: 687 Hampton Street, Brighton

Application is for: Alterations and additions to existing dwelling and construction of a two-storey dwelling at rear

Melway Reference: 76/G2

Ward: Central Ward


Applicant's/Owner's Name: PBD Group Pty Ltd

Date Received: 9 February 2015

Amended Plans Received – 14 May 2015 & 22 June 2015


Zoning: Neighbourhood Residential Zone – Schedule 3 (NRZ3)


Under what clause(s) is a permit required? Clause 32.09-5 – Construction and extension of two dwellings on a lot.


Current use and development: Single dwelling

Objections: Two

PROPOSITION


PROPOSAL

This application proposes alterations and additions to an existing dwelling and construction of a two storey dwelling at the rear. A carport will be constructed to the rear of the existing dwelling. New dwelling 2 will comprise the following:

A ground level entry, dining and living space with access to rear private open space, a rear verandah, guest bedroom with WIR, kitchen, two bathrooms and a laundry; and

At first floor level; three bedrooms, three bathrooms and two WIR’s and a retreat. The new dwelling will stand to a maximum height of 7.26m and finished in rendered masonry. The existing driveway extending from Hampton Street along the southern property boundary will be retained and will lead to the double garage of the new dwelling and carport of the existing dwelling.

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The site has a total area of 861 square metres and currently contains a detached single storey dwelling with a carport and outbuilding to the rear. There is a large tree to the front of the site and established vegetation along the side and rear site boundaries.


To the north of the site, at 689 Hampton Street, is a three unit development comprising of three single storey dwellings.

To the south of the site, at 683 Hampton Street, is a detached single storey dwelling.

To the east of the site, across Hampton Street, is a single storey detached dwelling at No. 672 and a two storey dwelling at No. 670.

To the west (rear) of the site, at 42A and 42B Champion Street, are two semi-detached, two storey dwellings.

The site slopes moderately to the west (rear) of the site.

PERMIT/SITE HISTORY

Title and Covenants The applicant submitted a copy of title for the subject site, issued by the titles office on 6 February 2015. The title is not subject to any covenants or restrictions.


PUBLIC NOTIFICATION



Placing a sign on site.

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

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Locality Plan

Legend

Subject Site

Objector


Visual bulk;

Loss of sunlight;

Overlooking / loss of natural screening;

Noise impacts;

Errors to measurements as shown on the submitted plans; and

Loss of vegetation.

CONSULTATION

The applicant declined an invitation from officers to hold a consultation meeting.

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REFERRALS

This application was referred to the following Council departments for comment:





ASSESSMENT











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Zone


A planning permit is required for the construction and extension of two or more dwellings on a lot in accordance with the provisions of this clause.


A planning permit is not required in accordance with this provision as it relates only to non-residential buildings.



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

General Provisions



Planning Scheme Amendment C140 has been prepared by Council. Exhibition of this amendment commenced on 21 July 2015 and concludes on 17 September 2015. This amendment proposes to introduce a minimum lot size of 400 square metres into Schedule 3 of the Neighbourhood Residential Zone (NRZ3) and also varies a number of the technical standards of the schedule including side and rear setbacks, open space and permeability in the NRZ3.


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Neighbourhood Character The subject site is located in Precinct E1 of Clause 22.06 (Neighbourhood Character Policy) of the Bayside Planning Scheme. The preferred future character statement reads:

The well-articulated dwellings with roof eaves are set within spacious landscaped grounds. In some streetscapes, there is a continued presence of pre WW2 era dwellings, with complementary new development. Dwellings do not dominate the streetscape and vegetation appears to wrap around the buildings. The sense of spaciousness is retained by the dwellings being set back from front and side boundaries, which also provides space for garden planting. Buildings incorporate a variety of materials or design details providing visual interest within the streetscape.

Precinct Guidelines


To encourage the retention of dwellings

that contribute to the valued character of

the Precinct in the design of development

proposals.

Attempt to retain wherever

possible intact and good

condition dwellings that


character of the Precinct in the

design of new development.

Alterations and extensions

should retain the front of these

dwellings.

Demolition of dwellings that


character of the Precinct.


settings of the dwellings.



new dwellings that includes

substantial trees and shrubs.

Retain large trees and provide

for additional trees wherever

possible.




To provide space for front gardens. Buildings should be sited to

allow space for the planting of

trees and shrubs.



separation between buildings.




accommodate substantial

vegetation.

To minimise the loss of front garden Locate garages and carports Car parking structures that

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structures.


Minimise paving in front garden

areas including driveways and

crossovers.


the dwelling.

Front setbacks dominated by

impervious surfaces.

To ensure new development respects the

dominant building form and scale of

buildings in the Precinct.


elements from the front façade.

Articulate front facades, and

provide roofs with eaves.

Reproduction of historic

building styles.

To respect the identified heritage qualities

of adjoining buildings.

Where adjoining an identified

heritage building, respect the

height, building forms, siting

and materials, of the heritage

building/s in the new building

design.

Buildings that dominate

heritage buildings by height,

siting or massing.

Period reproduction detailing.

To encourage building facades to add

visual interest to the streetscape.

Use a mix of materials, colours

and finishes in building

facades, drawn from the palette

commonly found in the area.

Excessive use of render or

one material on external wall

surfaces.

The front part of the existing dwelling (facing Hampton Street) is to be retained and the existing carport relocated to the rear of this dwelling. The existing crossover, gate, driveway, high brick fence and front garden area are also to be retained and therefore the presentation of the site to Hampton Street will remain largely unchanged. As the proposed works are to the rear of the site there will be no impact on the existing character of Hampton Street and the proposal is considered to satisfy the Neighbourhood Character objectives of Precinct E1.

Council’s Arborist has identified four existing trees at the front of the property that make a positive contribution to the site when viewed from Hampton Street and other adjoining properties. These trees exhibit good health and structure and therefore should be retained. A recommended condition has been added to ensure the trees are retained and not damaged during the construction process.

Side and Rear Setbacks The required and proposed side and rear setbacks of the proposed dwelling are detailed in the table below:

Dwelling 2 Ground Floor First Floor


North (side) 0 or 2m 2.05; 10.54m 3.06m 4.0; 7.8m

South (side ) 0 or 2m 0; 9.9m 3.42m 3.48m

West (rear) 0 or 3m 1.5 ( to verandah roof) ; 3; 6.57m

4.42m 4.3; 6.72; 7.67m

Areas of non-compliance have been underlined.

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A flat roofed verandah (to cover the existing swimming pool) is proposed at the rear of dwelling 2, with a setback of 1.5m from the western (rear) property boundary. This verandah does not comply with the 3m requirement. It is considered that off-site impacts to rear neighbours from the modest 2.83m high verandah (when measured from natural ground level) will be limited by the existing 2.5m high rear paling fence, which largely screens the verandah from view.

The setbacks of the new dwelling 2 are generally compliant, apart from the rear first floor setback of 4.3m in lieu of 4.42m. No adverse impacts to rear neighbours will result from this variation given it is minor and will not alone generate overshadowing or visual bulk.

Visual Bulk A mandatory height limit of 8 metres applies in Schedule 3 to the Neighbourhood Residential Zone. The overall height of the building at 7.26m (2 storeys) complies with this height requirement.

The new dwelling will not impact the prevailing character of the streetscape as it is located to the rear of the site, behind the existing dwelling.

The scale of the new dwelling is generally compliant with Planning Scheme requirements in regards to building height and setbacks, and is generally reflective of the scale of other similar developments in the neighbourhood.

As such, the proposed design response is considered to be appropriate for the site and will not present as a visually dominant form when viewed from the street or adjoining properties.

Overlooking The dwelling 2 upper level north and west facing windows are screened to a height of 1.7m above finished floor level, to prevent overlooking into adjoining properties.

The remaining upper level windows to the north, south and west are non-habitable room windows

or are located outside the threshold distance of 9m where screening is not required.

Overshadowing The shadows diagrams submitted show that the shadows cast by the development will have minimal impact on adjoining properties or the existing dwelling on site.

Importantly, no additional overshadowing to the rear garden of 42B Champion Street will occur as a result of the development and only minor additional morning shadows will be cast to the rear garden of 42A Champion Street. It is therefore considered that the shadows cast by the dwelling comply with the requirements of Standard B21 of Clause 55 of the Bayside Planning Scheme.


The existing dwelling (dwelling 1) includes a tandem parking arrangement to the rear with a carport providing cover to one car space. Dwelling 2 includes a double garage accessed via the existing crossover and driveway. Both dwellings satisfy the requirements of Clause 52.06 of the Bayside Planning Scheme.

Council’s Traffic Engineer has reviewed the vehicle access arrangements and found them to be satisfactory subject to reconstruction of the existing crossover with 60 degree splays to both edges of the crossing. This has been added as a recommended condition.

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Private Open Space

Standard B28 of the Clause 55 of the Bayside Planning Scheme states that new dwellings should be provided with a minimum of 40 square metres of private open space (POS), of which a minimum of 25 square metres should be secluded.

Dwelling 1 includes a total of 120.13m² and dwelling 2 a total of 98.08m² of POS. These open space areas are adequately sized and oriented to the east (front) and west (rear) of the site. Both areas are secluded with good morning and afternoon solar access and are accessible from main living areas. The proposed POS complies with the requirements of Standard B28 of Clause 55 and is considered to be acceptable.


The submitted Landscape Plan shows 15 trees to be removed from the site. The majority of these are smaller trees and shrubs located around the site’s side and rear perimeter; however there are examples of larger trees growing along the southern side of the driveway and to the front of the existing dwelling.

Council’s Arborist has viewed the Landscape Plan and Arborist Report submitted by the applicant and provided the following comments: ‘The Landscape Plan does not provide enough trees to replace the trees which are proposed for removal, there is no screening vegetation proposed for the perimeter of the site and…the area to the rear of the existing dwelling is either concrete or paved.’ The Arborist notes that four larger trees to the southeast corner of the site are visible from the street and adjoining properties and all exhibit good health and structure. These trees include a mature Cedrus atlantica ‘Glauca’ (Blue Atlas Cedar listed as Tree 17 in the Arborist Report and Landscape Plan) that is located in a garden bed between the existing dwelling and the driveway. The remaining three trees are identified as Cupressus sempervirens (Italian Cypress), located in a row to the south of the existing driveway.

The Arborist has stated that all four trees should be retained and to achieve this has suggested the retention of the existing driveway. This would minimise ground disturbance around the trees and mitigate any potential damage to roots during construction. Also, given this section of the existing driveway generally matches the proposed driveway dimensions, access to the rear of the site would not be unduly affected. Therefore, a recommended condition has been added requiring this section of the driveway (adjacent to the trees) to remain as is and the trees retained. A further recommended condition has been added requiring an updated Landscape Plan showing increased planting around the perimeter and rear of the site.

Subject to these conditions, the landscaping treatment of the site is considered to be appropriate.

All other existing vegetation on the site has been identified by Council’s Arborist as having a low retention value and therefore its removal to accommodate the new dwelling is considered to be acceptable, so long as it is suitably replaced.

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The following responds to the concerns of objectors not previously addressed.

Visual Bulk The dwelling 2 ground floor will be cut lower than the natural ground level of the site. Therefore the dwelling will blend sensitively with heights of dwellings in the streetscape. Noise Noise associated with the dwelling is not anticipated to exceed levels otherwise generated from a residential use. A recommended condition has been added requiring location of plant and equipment (including air conditioning units and condensers) to be located so as to minimise visual and noise impacts to adjoining properties. Site Coverage The proposed site coverage is 36.63% and this is compliant with the 50% maximum as prescribed by Standard B8 of the Clause 55 of the Bayside Planning Scheme. Errors to measurements shown on the submitted plans

The rear setbacks of the adjoining dwellings at 42A & 42B Champion Street are incorrectly shown on the plans. Whilst these errors are noted, this has had no bearing on the assessment of this application. Screening is provided where necessary and it is considered that no visual bulk impacts will be generated.

A recommended condition has been added requiring all measurements to be accurately shown on the plans.

CONCLUSION

The proposed development, subject to conditions, is of a scale and design compatible with surrounding development and will sit comfortably within the streetscape and not generate any off site impacts.

RECOMMENDATION

That Council having caused notice of Planning Application No. 2015/25/1 to be given under Section 52 of the Planning and Environment Act 1987 and having considered all the matters required under Section 60 of the Planning and Environment Act 1987 decides to Issue a Notice of Decision to Grant a Permit under the provisions of the Bayside Planning Scheme in respect of the land known and described as 687 Hampton Street Brighton, for alterations and additions to an existing dwelling and construction of a two-storey dwelling at the rear of the site in accordance with the application plans, subject to the following conditions, including the specified conditions set out in the Council’s “Town Planning Standard Conditions” adopted by the Council on 28 November 2006:-


a) A schedule of all external materials showing the colours and finishes of all external walls, roof, fascias, window frames and paving.

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b) All plant and equipment (including air conditioning units, heating units, hotwater systems, etc.) which is proposed to be located externally identified on the plans and to be located so as to minimise visual and noise impacts to adjoining properties.

c) The dwelling 1 carport to be a minimum of 3.5m in width and 6m in length measured internally.

d) The crossover reconstructed with 60 degree splays provided along both edges of the crossing.

e) A landscaping plan to include the retention of the four existing trees noted in Condition 6 of this permit

f) Details of window screening to the dwelling 2 first floor north & west facing (retreat and bedroom 1) windows to ensure compliance with Clause 55.04-6 Standard B22 (Overlooking) of the Bayside Planning Scheme.

g) All measurements of surrounding properties accurately shown. h) The existing driveway retained within the tree protection zones of the four trees

required to be retained by Condition 6 of this permit.

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

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

4. All pipes, fixtures, fittings and vents servicing the dwellings must be concealed in service ducts or otherwise hidden from view to the satisfaction of the responsible authority.

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

6. Before the development starts, a Landscape Plan to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed and will then form part of the permit. The plan must be drawn to scale with dimensions and three copies must be provided. The landscaping plan must show: a) A survey (including botanical names) of all existing vegetation to be retained and/or

removed b) Buildings and trees (including botanical names) on neighbouring properties within three

metres of the boundaries c) Details of surface finishes of pathways and driveways d) Notation showing the retention of the existing driveway within the tree protection zones

of the trees noted in Conditions 6 (g) and (h). e) 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.

f) Landscaping and planting within all open areas of the site and including additional planting to the rear boundary to screen views of the development .

g) The retention of the Cedrus atlantica ‘Glauca’ (Blue Atlas Ceder, listed as Tree 17 in the Concept Landscape Plan)

h) The retention of the three Cupressus sempervirens (Italian Cypress) located along the southern site boundary.

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

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

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

8. The landscaping shown on the endorsed plans must be maintained to the satisfaction of the responsible authority, including that any dead, diseased or damaged plants are to be replaced.

9. Tree Protection Fencing is to be established around the street tree prior to demolition and maintained until all works on site are complete. a) The fencing is to be constructed and secured so its positioning cannot be modified by

site workers. b) The fencing is to encompass the entire nature strip under the drip line of the trees. c) The Tree Protection Zone is to be established and maintained in accordance with

Australian Standards 4970 (Protection of trees on development sites).

d) During construction of the crossover, tree protection fencing may be reduced to the edge of the council approved crossover to facilitate the construction of the crossover.

10. The existing street tree must not be removed or damaged.


12. Any seepage/agricultural drainage water must be filtered to rain water clarity and must be pumped to the nearest Council Drain/Pit and not be discharged to the kerb and channel unless directed otherwise.

13. All on−site stormwater is to be collected from the hard surface areas and must not be allowed to flow uncontrolled onto adjoining properties.


15. The driveway / parking areas / paved courtyards / paths and 'pervious' pavements must be graded / drained to prevent stormwater discharge into adjacent properties.





Before the permit expires; or Within 6 months afterwards if development has not commenced; or Within 12 months afterwards if the development has lawfully commenced.

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Permit Notes Building approval must be obtained prior to the commencement of the above approved works. The existing street tree/s must not be removed or damaged. Reticulated sewerage must be provided to the requirements of the Sewerage Authority.

Prior to commencement of any building works, an Asset protection Application must be taken out. This can be arranged by calling Asset Protection Administrator, Mon-Fri 9:00am to 1:00pm on 9599 4638.

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STANDARD OF THE BAYSIDE PLANNING SCHEME

Two or more dwellings on a lot and residential buildings (Clause 55 and Schedule to the Neighbourhood Residential Zone)


Requirement and proposed


Yes Refer report


Yes Policy allows for two dwellings on a lot in this location


N/A


Yes The developer will be responsible for upgrading this infrastructure if necessary to accommodate the development.

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

Yes It is considered that the proposed dwellings adequately address the street. The response to the prevailing neighbourhood character is discussed in the report.


Yes


Yes Maximum: 8m Proposed: 7.26m


Yes Maximum: 50% Proposed: 36.63%


Yes Required minimum: 20% Proposed: 42.74%


Yes The proposed dwelling includes north facing habitable room windows which will assist in naturally lighting and heating the dwelling.

Though the proposed dwelling will marginally increase the extent of overshadowing to the adjoining neighbours to the west, it is considered that this additional overshadowing will not impact adversely upon the energy efficiency of the adjoining dwelling.

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N/A No public or communal open space is proposed.


Yes The entry to dwelling 1 remains unchanged. The entry to dwelling 2 is clearly identifiable while upper levels allow for the passive surveillance of the driveway.

B13 Landscaping To provide appropriate landscaping. To encourage: Development that respects the landscape

character of the neighbourhood. Development that maintains and

enhances habitat for plants and animals in locations of habitat importance.


Yes Refer report


Yes As existing


Yes Refer report


No Refer report

Dwelling 2 Ground Floor First Floor


North (side) 0 or 2m 2.05; 10.54m

3.06m 4.0; 7.8m

South (side ) 0 or 2m 0; 9.9m 3.42m 3.48m

West (rear) 0 or 3m 1.5 (to the verandah); 3; 6.57m

4.42m 4.3; 6.72; 7.67m


Yes The proposed 7.7m length and average 3.2m height of the dwelling 2 garage wall is compliant with the 3.2m height and 18.2m length allowed by the Standard in this instance.

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Yes All walls exceeding 3m in height are setback in excess of 50% of the wall height from facing habitable room windows.


Yes


Yes Refer report


Yes Refer report


Yes No overlooking opportunities exist between the existing and proposed dwelling.


Yes It is anticipated that the level of noise which will be emitted from the dwellings will not exceed levels otherwise anticipated from dwellings. To ensure that services are appropriately located and do not impact adversely upon the general amenity of the immediate surrounding area, it is recommended that a condition be included on any approval issued requiring plans showing the location of all building services including air-conditioning condensers.


Yes Both dwellings include ground floor bedrooms, bathrooms and living spaces.

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

Yes Both dwellings have easily identifiable front entries.


Yes All habitable room windows will open out onto a space clear to the sky or a covered external space which itself is open to the sky.

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

Yes Both dwellings will feature private open spaces (POS) measuring a minimum of 40m² as required by this standard. An existing high solid brick fence to the front of site will ensure that POS of dwelling 1 remains secluded. Dwelling 1 = 120.13m

2

Dwelling 2 = 98.08m2


Yes The POS of both dwellings will receive adequate solar access.


Yes

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Yes It is considered that the basic design detailing of the dwelling is acceptable. The new dwelling adopts a contemporary style with the use of a mansard, tiled roof and rendered ground and first floor walls. These materials reflect those used elsewhere in the surrounding area.


Yes The existing high front brick fence is to be retained


Yes

B34 Site Services Ensure site services and facilities can be installed and easily maintained and are accessible, adequate and attractive. Avoid future management difficulties in common ownership areas.

Yes Space exists near the street front of the dwellings to provide the necessary building services including mail boxes and metres. All such services will need to be installed in accordance with the requirements of relevant service providers.

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4.11

1/23 South Road, Brighton Notice of Decision to Grant a Permit Application No: 2014/926/1 Ward: Central


File No: 2014/926/1

APPLICATION DETAILS

Land/Address: 1/23 South Road, Brighton

Application is for: Alterations and additions to an existing dwelling in a Heritage Overlay (HO340) and DDO1 and associated construction of a roof deck.

Melway Reference: 76/D3

Ward: Central Ward


Applicant's/Owner's Name: Chew Architecture

Date Received: 19 December 2014 (Amended plans received 28 April 2015)

Statutory Days Expiry: 27 June 2015

Zoning: Neighbourhood Residential Zone – Schedule 3

Overlays: Heritage Overlay (HO340)

Design and Development Overlay – Schedule1 (DDO1)

Under what clause(s) is a permit required? Clause 43.01 (Heritage)

Clause 43.02 (Design and Development Overlay – Schedule 1)


Current use and development: Double storey dwelling

Objections: One

BACKGROUND

This application is reported to the Committee at the request of the Mayor, Cr. Frederico.

PROPOSITION


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PROPOSAL

This application seeks approval for alterations and additions to an existing dwelling. The submitted plans show the following works:

Demolition of the following structures:

o Ground floor:

Kitchen, dining, living and laundry (43.6m2)

Rumpus room (50.48m2)

o First floor:

Bathroom and part of balcony (7.2m2);

Construction of a ground floor rear addition comprising a dining room/conservatory, coatroom, lounge, kitchen, butler’s pantry and store (146m2);

Construction of a first floor rear addition comprising four bedrooms & en-suite (118m2) and an extension to the existing west facing balcony (15m2);

Construction of a basement comprising a gymnasium, bathroom and home cinema (155m2);

Construction of a roof deck above the first floor addition (19m2);

Construction of a swimming pool and paved entertaining area in the rear garden; and

The addition includes a part flat and part skillion roof with rendered walls and will stand to a maximum height of 8.7m.

Other works to the building include:

o Reconstruction of the front verandah and balustrading at first floor level (58m2);

o Retention of the existing double garage in the frontage and the provision of roller shutter on the west elevation providing direct access onto a common driveway;

o Construction of a swimming pool and paved entertaining area in the rear garden;

o New timber framed windows on the first floor west elevation; and

o New 1.8 metre timber and brick pier west boundary fence.



The site is located on the north side of South Road, 35 metres west of Rippon Grove, Brighton. The site has a 30.33 metre frontage, depth of 64.62 metres and area of 921m2.

The west boundary of the site abuts a common property driveway that provides access to six double storey units located to the rear of the subject dwelling.

The site is occupied by a double storey Italianate dwelling known as ‘Ebrington’. The dwelling is setback 19.8 metres from the frontage and 4 metres from the east boundary. There is an existing double garage located in the southwest corner of the frontage that may be accessed from common property driveway. There is also a swimming pool in the frontage and 2.2 metre high brick fence along the frontage.

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There is also a rendered brick bungalow located in the northeast corner of the rear garden.

The dwelling is a contributory building in accordance with Clause 22.05 (Heritage Policy) of the Scheme and is graded ‘B’ in the Bayside Heritage Study.

Abutting land uses include a double storey dwelling to the north at No. 2/23 South Road that is setback 1.5 metres from the common boundary. To the east is a double storey dwelling at No. 25 South Road. This dwelling is setback 2.2 metres from the common boundary. There is a swimming pool in the rear garden.

To the west of the common property driveway is a double storey brick dwelling at 21 South Road.

PERMIT/SITE HISTORY

Title and Covenants The applicant has submitted a copy of title for the subject site, issued by the titles office on 4 January 2015. The title is not subject to any covenants or restrictions.


PUBLIC NOTIFICATION

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



The notification has been carried out correctly and Council has received one objection to date.

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Locality Plan

Legend

Subject Site

Objector

The objection raised the following grounds:

The east boundary wall will overshadow the objector’s windows, pool and garden

Overlooking of pool and garden; and

Visual bulk.

CONSULTATION

The applicant declined officer’s invitation to hold a consultation meeting.

REFERRALS


Heritage Advisor No objection, subject to conditions

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ASSESSMENT

















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Clause 22.05 Heritage Policy – Seeks to protect and enhance the City’s buildings, trees and structures of cultural significance for present and future generations, and to facilitate a use that would otherwise be prohibited where the nature and built form of the heritage place requires a greater range of options.


Zone


Planning approval is not required in accordance with this provision to construct or extend a dwelling on a lot over 500m².

Overlays

Clause 43.01 Heritage Overlay – Aims to conserve and enhance heritage places of natural or cultural significance; to conserve and enhance those elements which contribute to the significance of heritage places; to ensure that development does not adversely affect the significance of heritage places; to conserve specifically identified heritage places by allowing a use that would otherwise be prohibited if this will demonstrably assist with the conservation of the significance of the heritage place. Planning approval is required in accordance with this provision to demolish or remove a building and to construct a building or construct or carry out works.

The subject site is located in Heritage Overlay No. 340 – Ebrington

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

General Provisions



Planning Scheme Amendment C140 has been prepared by Council. Exhibition of this amendment commenced on 21 July 2015 and concludes on 17 September 2015. This amendment proposes to introduce a minimum lot size of 400 square metres into Schedule 3 of the Neighbourhood Residential Zone (NRZ3) and also varies a number of the technical standards of the schedule including side and rear setbacks, open space and permeability in the NRZ3.




Below is a summary of relevant planning considerations and matters raised by the objector. An analysis of the application against the requirements of Clause 22.05 (Heritage Policy) and the Decision Guidelines of Clause 43.02 of the Bayside Planning Scheme follows: Clause 22.05 - Heritage Policy

The subject site is located in an individual Heritage Overlay (HO340). The dwelling is described as follows:

“Ebrington is a substantial double-storey Victorian Italianate villa, asymmetrically planned with rendered walls with ashlar marking and a plain string course. The hipped slate roof has bracketed eaves and the chimney is a simple moulded and rendered stack. A projecting bay to the front elevation has semi-elliptical and round arched tripartite windows while timber shutters are fitted to the windows of the setback facade. All windows are double-hung sashes. An entry porch with

round arches is attached to the side of the house.”

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The Statement of Significance in the Bayside Heritage Study reads:

“Ebrington, at 23 South Road, Brighton is of aesthetic significance. The rendered facade, bracketed eaves and semi-elliptical and arched windows reflect the character of nineteenth century Italianate buildings. The villa is a prominent building in its immediate locality.”

Demolition

Clause 22.05-3.2 allows for the partial demolition of significant and contributory heritage buildings for new additions, if these additions do not affect the heritage significance of the building. The proposed addition must also be sympathetic to the scale and form of the host building. The clause also allows for the partial demolition of significant and contributory heritage buildings where the fabric to be demolished is of no significance, or where the demolition helps to reveal the original fabric of the building.

The application proposes the removal of the ground floor kitchen, dining, living and laundry (43.6m2) and separate rumpus room (50.48m2) located at the rear of the dwelling. It is also proposed to demolish the first floor rear bathroom and balcony (7.2m2).

The proposed demolition is acceptable as it removes elements located at the rear of the building with no streetscape presence these elements are later additions to the existing contributory dwelling. Council’s Heritage Advisor raises no objection to the removal of these elements. Dwelling additions

In accordance with the objectives of Clause 22.05, alterations and additions to significant and contributory heritage buildings must maintain the integrity of the architectural character of the building and where possible be concealed from adjoining streets.

The proposed additions have been assessed against the Performance Measures of Clause 22.05-3.5 of the Scheme and are considered acceptable for the following reasons:

The application retains the original front of the dwelling and a verandah matching what is understood to be the original will be added.

The additions are contemporary in design and include rendered walls and flat roofing to differentiate from the original dwelling. The location of the additions to the rear of the dwelling will ensure limited, if any, streetscape impacts. Whilst the ground floor additions will abut the east and west boundaries, the works will have limited visibility from the frontage. Council’s Heritage Advisor has commented that the additions are sufficiently setback so as to not impact adversely upon the streetscape.

The addition is contemporary and includes flat and skillion roofing, rendered walls and extensive glazing. Council’s Heritage Advisor raises no objection to this design and notes that it is of no consequence due to its concealment from South Road.

The ground floor addition is proposed to abut the east and west boundaries and will have limited visibility from South Road.

Council’s Heritage Advisor has raised concerns about the location and setback of the additions to the western porch. The plans indicate the retention and extension to this porch. This is a later addition constructed in the 1930’s to adapt to the floor plan of the dwelling.

Of concern is the extension of the first floor balcony forward of the porch. Whilst this is not original, the first floor balcony would not enhance the historic character of the dwelling, partly due to its proposed location in a highly exposed position. Council’s Heritage Advisor has commented that the works will emphasise the porch as a later addition.

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Conversely, the applicant considers the proposed balcony to be a lightweight structure that will not conceal the porch. The applicant considers the contemporary balcony extension will distinguish historic fabric from new and will not detract from the original building form.

Given however the west elevation is highly exposed due to the common property driveway, it is considered that the upper floor balcony should be deleted. The balcony is proposed to abut the robe to the master bedroom only and is not required to satisfy secluded open space requirements for the dwelling.

The ground floor additions also include a storage area within the eastern setback that is recessed behind the façade by 3.1 metres and the existing dwelling by 900mm. The addition includes flat roofing and will be screened by a fence. Council’s Heritage Advisor has commented that this element is sufficiently articulated and will not impact upon the heritage significance of the dwelling.

The first floor additions are located to the rear of the existing dwelling and will have limited visibility from the street. The balcony extension adjacent to the west side WIR wall is to be deleted as a recommended condition of approval. This is due to the prominence of this element along the streetscape.

The application retains the original fabric at the front of the building and distinguishes the new rear additions by the setting back of the walls from the original walls along the west elevation and a 900mm setback in the east elevation.

The existing roofline is to be retained at the front of the building and will not be altered. Restoration The application proposes to reinstate the existing front verandah and balustrading. Council’s Heritage Advisor has commented that modifications to the existing south and west elevation of the building are to be comprehensively detailed to the satisfaction of the Responsible Authority given the prominence of these elevations. This is included as a recommended condition of approval. Existing Garage The plans indicate the retention of the existing garage in the southwest corner of the frontage. The works seek to re-orientate the garage door opening to the west elevation to directly access the common driveway. This is considered to be an acceptable outcome as it allows for greater landscaping on site and does not raise any traffic and parking related issues. Roof Deck

In accordance with Clause 43.02, a permit is required to construct a roof deck above the second storey of a building in Design & Development Overlay (Schedule 1).

The proposed roof deck complies with the requirements of DDO1 as follows:

It is designed and constructed of materials that integrate with the architectural style and form of the proposed additions;

The deck is proposed to be set back at least 5 metres from the roof edge of the east elevation immediately below it, 8.5 metres from the west elevation and 2 metres from the north elevation. This will minimise visual impacts to the street and adjoining properties.

The roof deck will have potential to overlook the secluded private open space of 25 South Road (objector) within a 9 metre arc. It is recommended the east side of the deck be screened to prevent overlooking. This will be included as a recommended condition of approval.

There are no structures that exceed a height of 1.7 metres, apart from the access structure.

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Building Height Though the overall height of the addition exceeds 8m, this is permissible on the basis that the existing elements of the dwelling to be retained also exceed this height and the addition will not exceed the height of these retained elements. Response to Grounds of Objection

In response to the grounds of objection, it is noted:

Overshadowing and overlooking

Amenity impacts such as overshadowing and overlooking cannot be considered as part of the assessment against the Heritage Overlay decision guidelines. Siting matters will be considered by the relevant Building Surveyor. Notwithstanding this, screening is recommended across the eastern side of the roof top deck in accordance with the provisions of DDO1.

Visual bulk

The east elevation is proposed to partially abut the east boundary for a length of 9 metres and the upper level is proposed to be setback 1.8 metres to 2.1 metres from the east boundary. It is considered the setbacks, level of articulation and length of the east elevation wall will not result in unreasonable heritage impacts when viewed from the objector’s property. Siting and amenity matters will be considered by the relevant Building Surveyor and do not form part of this assessment.

CONCLUSION

The proposed additions will not adversely affect the significance, character or appearance of the heritage place in accordance with the Decision Guidelines of Clause 43.01 of the Bayside Planning Scheme on the basis they are located at the rear of the site and will have limited visibility in the streetscape. However, alterations are recommended to delete the west elevation balconies above the porch to reduce the impact to the original heritage building and also ensure restoration details along this elevation are appropriate. This is a recommended condition of approval.

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RECOMMENDATION

That Council having caused notice of Planning Application No. 5/2014/926/1 to be given under Section 52 of the Planning and Environment Act 1987 and having considered all the matters required under Section 60 of the Planning and Environment Act 1987 decides to issue a Notice of Decision to Grant a Permit under the provisions of the Bayside Planning Scheme in respect of the land known and described as 1/23 South Road, Brighton, for alterations and additions to an existing dwelling in a Heritage Overlay (HO 340) & to construct a roof deck in DDO1 in accordance with the plans dated 28th April 2015 subject to the following conditions including the specified conditions set out in the Council’s “Town Planning Standard Conditions” adopted by the Council on 28 November 2006:- 1. Before the development starts, amended plans to the satisfaction of the Responsible

Authority must be submitted to and approved by the responsible authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the plans submitted with the application but modified to show:

a) The provision of a 1.7 metre high privacy screen along the east side of the roof deck that includes a maximum of 25% openings

b) The retention of the existing first floor west balcony and no extensions to this balcony. This may require the reconfiguration of bedroom 3 to enable access to the balcony.

c) Notation that the existing south doors to the entry porch are to be retained. d) All modifications to the south and west elevations of the building to be

comprehensively detailed at appropriate scales. e) Detailed design of the verandah at 1:50 scale that includes elevations and sections.

Cast iron elements and other manufactured components are to be illustrated by samples or trade brochures.

f) Schedule of colours, materials and finishes of all external surfaces. 2. The development as shown on the endorsed plans must not be altered without the written

consent of the responsible authority. 3. This permit will expire if one of the following circumstances applies:




Before the permit expires; or Within 6 months afterwards if development has not commenced; or Within 12 months afterwards if the development has lawfully commenced.

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

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4.12

762 Hawthorn Road, Brighton East Support - Section 87A Amendment Application No:2010/726/2 Ward: Northern


File No: 2010/726/2

APPLICATION DETAILS

Land/Address: 762 Hawthorn Road, Brighton East

Application is for: Amend the endorsed plans to planning permit 2010/726/2 which allows alterations and additions to an existing shop and the construction of four (4) dwellings and a waiver of car parking requirements


Ward: Northern Ward


Applicant's/Owner's Name: Mr C Megowan

Date Received: 8 May 2015

Statutory Days Expiry: N/A



Under what clause(s) is a permit required? Clause 34.01-4 – Buildings and works in a C1Z

Clause 43.02 – Buildings and works in DDO2

Clause 52.06 – Car parking


Current use and development: Partially demolished shop and caretaker’s dwelling

Objections: One

PREAMBLE

The applicant has applied to the Victorian Civil and Administrative Tribunal (VCAT) in accordance with Section 87A of the Planning and Environment Act 1987 to amend the endorsed plans to Planning Permit 2010/726/2 issued at the direction of the Tribunal on 16 July 2012 and amended by Council under Section 72 of the Act on 19 November 2014.

This application is presented to the Planning and Amenity Committee on the basis that it opposed the original development and the applicant is now seeking to increase the height of the development.

Council cannot make a formal decision however can resolve to either support or not support the application.

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PROPOSITION

It is recommended that Council Support the application at the upcoming VCAT hearing set down for 2 November 2015.

PROPOSAL

The application seeks approval to amend the endorsed plans of Planning Permit 2010/726/2 to allow for the following changes:

Construction of a third storey addition to dwelling 1 toward the centre of the building to accommodate a bedroom and roof deck. The maximum height of the building will now be 14.18 metres;

Addition of sliding doors to the first floor home office of dwelling 1 to create a semi-enclosed deck;

The reconfiguration of the doors leading to the second floor deck of dwelling 1;

Replacement of obscure glass screening on the west and north sides of the deck of dwelling 4 with timber screening with maximum 25% openings; and

Addition of mezzanine landings within dwellings 2 and 3;



The site forms part of a larger two-storey terrace extending between 758 and 768 Hawthorn Road, Brighton East.

The subject terrace itself is rectangular in shape and has a total area of 287.70 square metres. The building has been partially demolished to accommodate the alterations approved by Planning Permit 2010/726/2.


Immediately to the north and south is the remainder of the terrace which comprises shops and shop-top dwellings;

To the east of the site (across Hawthorn Road) is a similar row of shops and a dwelling located at 761 Hawthorn Road.

Abutting the west of the site is a Right of Way which provides pedestrian and vehicular access to the shops and the backyards of dwellings fronting onto the Nepean Highway service road.

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PERMIT/SITE HISTORY

Title and Covenants

The applicant previously submitted a copy of title issued by the Titles Office on 7 May 2014. The title is not subject to any covenants or restrictions.

Background

This application seeks approval to amend the endorsed plans of Planning Permit 2010/726/2. This permit allows alterations and additions to the existing shop and the construction of four dwellings and waiver of car parking requirements.

The permit has previously been amended in accordance with Section 72 of the Planning and Environment Act 1987 and an extension of time was issued on 24 March 2014. This extended the date by which the development was to commence to 16 July 2015. The development commenced by this date and as such the permit remains valid.

PUBLIC NOTIFICATION

In an Order dated 21 May 2015 VCAT directed the applicant to give notice of the amended application to surrounding owners/occupiers by 24 June 2015.

Following this notice Council received one Statement of Grounds (objection) lodged with VCAT.

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Locality Plan

Legend

Subject Site

Objector

The issues raised in the Statement of Grounds are:

The third storey will be highly visible from adjoining residential properties;

Loss of privacy; and

Lack of car parking commensurate with the addition.

REFERRALS

The application was referred to the following Council departments for comment.


Traffic Engineer Objection

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ASSESSMENT

















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Zone


A planning permit is required to construct buildings and works in accordance with the provisions of this clause.

Overlays

Clause 43.02 Design and Development Overlay Schedule 2 – Aims to achieve architectural and urban design outcomes that contribute positively to local urban character and enhance the public realm while minimising detrimental impact on neighbouring properties. The overlay aims to preserve the existing character and amenity of the areas as low rise (up to two storeys) suburban areas with a strong garden character, to maintain the prevailing streetscape rhythm, building scale and height of neighbourhoods and to maintain a strong landscape character with buildings set within vegetated surrounds.

A planning permit is required to construct a building that is more than two storeys and more than 9 metres in height in accordance with the provisions of this clause.

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A planning permit is required to reduce the number of car parking spaces required by this clause. Dwelling 1 now comprises three bedrooms and as such requires two on-site car parking spaces. One space only is provided on site in association with dwelling 1.

General Provisions


Strategic Planning matters

C126 – On 28 April 2015, Council resolved to adopt the revised and updated Bayside Small Activity Centres Strategy (June 2014) and seek authorisation from the Minister for Planning to prepare and exhibit Amendment C126 to the Bayside Planning Scheme. The Strategy comprises policies to better manage smaller activity centres across the municipality. It also includes Urban Design Profiles and Guidelines.

The subject site is located in the East Brighton Shopping Centre, a Small Neighbourhood Activity Centre (SNAC) designated as an area where moderate residential growth (as identified in the Bayside Housing Strategy 2012) and limited change is expected. Small scale convenience retailing for the ‘top-up’ needs of local residents is envisaged and therefore the Small Activity Centres Strategy recommends that development within the centre be limited to two storeys (up to 9 metres). This height limit responds to issues such as protecting residential amenity outside the centre, the nearby Heritage Overlay and community expectations for the level of change.

The amendment authorisation request that is currently being prepared by Council’s Strategic Planning department includes the subject site in proposed Design and Development Overlay, Schedule 16 (DDO16). This includes a mandatory height limit of 9 metres and two storeys above natural ground level.

Until such time however as this amendment has proceeded to a Panel hearing and the final form of the amendment is adopted by Council, no weight can be given to it. As such, this application has been assessed against the current controls of the Bayside Planning Scheme that govern the development of the site. These controls encourage buildings up to two storeys in height. This height is not however a mandatory control as could be applied via the possible future application of proposed DDO16.


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

Planning Policy

The overarching objective of Clause 21.03 (Settlement and Housing), Council’s local policy to support State policy at Clause 11 (Settlement) and Clause 16 (Housing), is to accommodate population increases and respond to changing demographic profiles. The ‘Residential Strategic Framework Plan’ contained within Clause 21.02 is the key strategy within the Bayside Planning Scheme and this directs larger scale developments to activity centres and to areas which are close to public transport and other community services and facilities.

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A reference document to the Residential Strategy Framework Plan of Clause 21.02 is the Bayside Housing Strategy (September 2012). In accordance with this Strategy the site is located within a ‘Moderate Residential Growth Area’ where medium density development is expected to occur, providing a transition to both adjoining ‘Key Focus Residential Growth Areas’ and ‘Minimal Residential Growth Areas’. New development must however respect the existing context and amenity standards of these areas. The site coverage, height, scale and massing of new development should also be in accordance with relevant planning scheme controls.

Design and Development Overlay (Schedule 2)

The design objectives of Schedule 2 to the Design and Development Overlay are:

To achieve architectural and urban design outcomes that contribute positively to local urban character and enhance the public realm while minimising detrimental impact on neighbouring properties.

To preserve the existing character and amenity of areas as low-rise (up to two storeys) suburban areas with a strong garden character.

To maintain the prevailing landscape rhythm, building scale and height of neighbourhoods.

To maintain a strong landscape character with buildings set within vegetated surrounds.

It is important to note that whilst the design objectives expressed in DDO2 must be considered, they are not mandatory requirements which must be achieved. Variations to height controls in particular can be considered in appropriate circumstances.

The current planning permit allows for the construction of a three-storey building within DDO2. At Paragraph 18 of VCAT’s Order, Member Rundell stated that “a development of this height [three storeys] in a neighbourhood activity centre, being only slightly higher than an existing building, is consistent with the purposes of the DDO as it maintains the prevailing streetscape rhythm, building scale and height visible from the public realm, primarily Hawthorn Road.”

It is considered that although the proposed fourth storey further exceeds the height of the approved building (by approximately 3.29 metres) it is appropriate within the context of the site and surrounding commercial precinct. The proposed fourth storey will be located toward the middle of the building. It will be setback 5.605 metres from the third storey below at the front of the site and a minimum of 22.97 metres from the rear boundary. A sight line diagram submitted by the applicant indicates that the fourth storey will not be visible when standing on the opposite side of Hawthorn Road or when standing on the opposite side of the rear laneway. Whilst it is acknowledged that there will be some visibility of the fourth storey from the secluded private open spaces of residential properties located further to the west, it is considered that it is sufficiently recessed and will not generate adverse off-site effects such as visual bulk when viewed from adjacent residential properties.

Setbacks/Visual Bulk

At Paragraph 31 of VCAT’s previous Order, Member Rundell commented that:

“Assessing visual bulk, overlooking and amenity can be highly personal and subjective. An objective approach is found in the planning scheme. Standard B17 in Clause 55 provides guidance regarding appropriate setbacks for walls.”

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An assessment of the application against the requirements of Standard B17 of Clause 55 of the Bayside Planning Scheme has been undertaken. The table below details the rear setback requirements of Standard B17 and the proposed rear setback of the new fourth storey.

Elevation Required setback Proposed setback

West (rear) 8.75 metres 22.97 metres

The proposed rear setback of the fourth storey significantly exceeds the rear setback requirement and on this basis, it is considered that the fourth storey will not result in unreasonable visual bulk to adjoining residential properties to the west.

Importantly, the provisions of Clause 55 should be applied as guide only given the site is not located in a residential zone. Whilst the rear setback exceeds that required by Clause 55, the side setbacks are less than would be required.

Notwithstanding this, it is considered that these setbacks are acceptable given the commercial context of the site and surrounding area and the fact that the addition does not stand adjacent to any sensitive interfaces.

Overlooking

There will be no overlooking from the proposed fourth storey deck. This deck is setback in excess of 23 metres from the secluded private open spaces of adjoining residential properties to the west. Screening is typically applied within a distance of nine metres only.

Car Parking

The proposed fourth storey will increase the number of bedrooms for Dwelling 1 to three. Under Clause 52.06-5, a three or more bedroom dwelling requires 2 car spaces. Only one car space is provided for Dwelling 1.

The amendment was referred to Council’s Traffic Engineer who does not support the waiver of one car space on the basis that all on street car parks in the vicinity of the subject site have parking restrictions and the subject site is not entitled to resident parking permits.

Considering the site’s location within a neighbourhood shopping centre with a tram stop directly opposite, the waiver of one car space for the proposed third bedroom is considered acceptable. With sufficient access to alternate modes of transport available, it is considered that no off-site parking issues will be generated by waiving one car space.

Importantly, the consolidation of land within activity centres is encouraged by State and Local policy and this is considered to outweigh the need to provide an additional car parking space in this instance, particularly on a site where limited capacity exists to do so.

Other proposed amendments

The other proposed amendments are all considered to be relatively minor and do not generate planning-related issues. Altering screening is a cosmetic change and will still prevent overlooking. Alterations to doors and mezzanine landings are internal works only and will not alter the built form or generate off-site effects.

CONCLUSION

The proposed additional storey is appropriately recessed to ensure the prevailing streetscape rhythm, building scale and height along Hawthorn Road will not be disrupted and amenity effects to adjacent residential properties will not be generated. It is therefore considered that the proposed amendment should be supported at the upcoming VCAT hearing.

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RECOMMENDATION

That Council having considered all the matters required under Section 60 of the Planning and Environment Act 1987 decides to Support the Application to Amend Planning Permit 2010/726/2 at the upcoming VCAT hearing under the provisions of the Bayside Planning Scheme in respect of the land known and described as 762 Hawthorn Road, Brighton East for alterations and additions to an existing shop and the construction of four (4) dwellings and a waiver of car parking requirements in accordance with the plans circulated on 8 May 2015 and subject to the following conditions.

1. Before the development starts three copies of revised plans drawn to scale and dimensioned, must be submitted to and approved by the Responsible Authority. When approved the plans will be endorsed and will then form part of the permit. The plans must be generally in accordance with the plans substituted by the Tribunal being Plans dated 25 May 2011 Rev B but modified to show to the satisfaction of the Responsible Authority:

a The ramp and Right of Way gradients to be designed in accordance with AS 2890.1

b All natural ground levels and wall heights above ground level to be nominated on the

plans.

c A schedule of all external materials and finishes to be provided to the buildings and

works on the land. The schedule shall show the materials, colour (including two

colour samples) and finish of all external walls, roof, fascias, window frames and

paving (including car park surfacing).

d The eastern walls (street frontage) must maintain the existing window openings along

the façade of the building.

e All plant and equipment (including air conditioning units, heating units, hot water

systems, etc) which is proposed to be located externally shall be identified on the

plans and located to the satisfaction of the Responsible Authority.

f Full details (specifications) of the car pit/stacker system must be provided showing

remote controlled, independently accessed car spaces.

g A Construction Management Plan per Condition 12 of this permit.

h A Waste Management Plan as required by Condition 13 of this permit.

i The western edge of the master bedroom deck of Dwelling 4 provided with

appropriate measures to limit views of habitable rooms and secluded private open

spaces of properties on the west side of the adjoining right of way to the satisfaction

of the Responsible Authority.

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

3 One (1) car space must be allocated to each residential tenancy.

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

5 All basic services including water, electricity, gas, sewerage and telephone shall be installed underground and located to the satisfaction of the Responsible Authority.

6 All pipes with the exception of downpipes, fixtures, fittings and vents servicing any building on the site must be concealed in service ducts or otherwise hidden from view to the satisfaction of the Responsible Authority.

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

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

9 Before the occupation of the development starts, the area/s set aside for the parking of vehicles and access lanes as shown on the endorsed plans must be:

a constructed

b properly formed to such levels that they can be used in accordance with the plans

c surfaced with an all-weather seal coat

d drained

e line marked to indicate each car space and all access lanes

f clearly marked to show the direction of traffic along access lanes and driveways

to the satisfaction of the Responsible Authority.


10 The Legal point of Discharge for this development is to be the Council drain located at the rear of the property. The Developer should be satisfied that levels permit the adoption of the above discharge point.

11 Plans for the construction of the outfall drain must receive Bayside City Council approval prior to the commencement of the development.

12 A Construction Management Plan

Prior to the commencement of any works, a Construction Management Plan must be submitted to and approved by the Responsible Authority. The construction management plan must address, but is not limited to:

a Hours of construction, control of noise and airborne matter, deliveries, vehicle access,

worker car parking, damage to public assets, and contact numbers for complaints.

b The covering and maintenance of all roads/storage areas/external stockpiles/or

vacant areas to avoid dust nuisance to any residential and commercial premises.

c The prohibition of delivery/tradesmen’s vehicles from obstructing Hawthorn Road

and/or the Right of Way.

d All works must accord with the approved construction management plan to the

satisfaction of the Responsible Authority.

13 Waste Management Plan

Before the use or occupation of the development starts, a Waste Management Plan to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed and will then form part of the permit. Three copies of the plan must be submitted. The plan must include but is not limited to:

a Provision on the land for the storage and collection of garbage and other solid waste.

This area must be graded and drained and screened from public view to the

satisfaction of the Responsible Authority.

b The location of the bin collection place.

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c The Right of Way must be kept clear at all times with no vehicles or construction

materials to be placed/stored within the entire length of the Right of Way and no

works to disrupt or obstruct the use of the Right of Way.

14 This permit will expire if one of the following circumstances applies:

the development is not started within two years of the issued date of this permit.

the development is not completed within four years of the issued date of this permit.

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

before the permit expires, or within three months afterwards.

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4.13

32 Florence Street, Brighton East Planning Permit Application No:2014/827/1 Ward: Northern


File No: 2014/827/1

APPLICATION DETAILS

Land/Address: 32 Florence Street, Brighton East



Ward: Northern Ward


Applicant's/Owner's Name: Sketch Building Design

Date Received: 14 November 2014

Application amended: 3 July 2015

Statutory Days Expiry: 1 September 2015

Zoning: Neighbourhood Residential Zone (NRZ3)


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

Restrictive covenants on the title? Yes

Current use and development: Single residential dwelling

Objections: Nil

BACKGROUND

This application is reported to the Planning and Amenity Committee because it proposes the removal of a Melaleuca styphelioides (Prickly-leaved Paperbark) located within the road reserve directly in front of the site and the amenity value of this tree exceeds $5, 000. Its removal must be approved by the Planning and Amenity Committee.

PROPOSITION

It is recommended that a Planning Permit be issued subject to conditions.

PROPOSAL

It is proposed to construct two double storey side by side dwellings on the site. The two dwellings are similar in design and comprise of four bedrooms, two bathrooms, a kitchen/living/area, separate living area with single car carport to dwelling 1 and a single car garage to dwelling 2.

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The site has a total area of 589 square metres and currently contains:

A brick single storey pitched rood dwelling located slightly south of the site’s centre.

A detached brick garage located north-east of the dwelling.

Two detached sheds located north of the dwelling along the west common boundary.

A 600 mm high brick front fence.


Adjoining the north of the site is a side by side dwelling development at 25 and 25A Wallen Street.

Adjoining the east of the site is double storey dwelling at 30 Florence Street.

Adjoining the south of the site is a double storey dwelling at 37 Florence Street.

Adjoining the west of the site is a double storey dwelling at 34 Florence Street, single storey dwellings at 11 Ward Street and single storey dwelling at 9 Ward Street.

The wider context of the immediate neighbourhood is characterised by a mixture of residential development with a modest majority comprising of single detached dwellings on lots with comparable dimensions to that of the site. However, more dense residential development is an emerging trend in the area. This includes development comparable to that of the proposal such as the previously highlighted 25 Wallen Street, directly behind the site.

Front fencing is diverse with the majority of older development featuring predominantly low to no front fencing whilst more contemporary development exhibits higher fencing albeit with varying levels of visual permeability.

Frequent mature trees lining the road reserve.

PERMIT/SITE HISTORY

Title and Covenants The applicant has submitted a copy of title for the subject site, issued by the titles office on 13 November 2014. The title is burdened by Registered Restrictive Covenant Number 1457175, dated 15 May 1930, which states that ‘will not at any time hereafter carry on quarrying operations on the said land hereby transferred or carry away or remove any stone earth clay gravel or sand from odd the said land hereby transferred’. It is considered that the proposal does not result in a breach of the restrictive covenant placed on the title.

Background No previous planning applications have been determined for subject site.

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PUBLIC NOTIFICATION



Placing a sign on site (facing Florence Street)

The notification has been carried out correctly and Council has received 1 objection to date which was subsequently withdrawn.

Locality Plan

Legend

Subject Site

Withdrawn Objection

CONSULTATION

The one objection lodged was withdrawn and as a consequence no consultation meeting was necessary.

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REFERRALS





Street Tree Arborist Not supported

ASSESSMENT













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Zone


Pursuant to Clause 32.09-3 a planning permit is required to construct two or more dwellings on a lot.

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Overlays


Pursuant to the provisions of this clause a planning permit is not required to construct a building or to construct or carry out works for a residential building or dwelling.




General Provisions



C140 – Planning Scheme Amendment C140 has been prepared by Council. Exhibition of this amendment commenced on 21 July 2015 and concludes on 17 September 2015. This amendment proposes to introduce a minimum lot size of 400 square metres into Schedule 3 of the Neighbourhood Residential Zone (NRZ3) and also varies a number of the technical standards of the schedule including side and rear setbacks, open space and permeability in the NRZ3.



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Below is a summary of relevant planning considerations.

Neighbourhood Character The site is located within Neighbourhood Character Precinct D4 pursuant to Clause 22.06 of the Bayside Planning Scheme. Clause 22.06 outlines the following preferred character statement for the precinct:

‘The wide variety of dwelling styles sit within established gardens, with occasional canopy trees, and do not dominate the streetscape. The buildings are consistently set back from the front and at least one side boundary, which, combined with the open style front fencing, creates a sense of spaciousness in the streetscape. Avenues of street trees assist in unifying streetscapes.’

Precinct Guidelines



settings of the dwellings and rhythm of

front boundary setbacks.



new dwellings that includes

substantial trees and shrubs.

Retain large trees wherever

possible.


allow space for the planting of

trees and shrubs.




To maintain the rhythm of visual separation

between buildings.




accommodate substantial

vegetation.

To minimise the dominance of car parking

structures in the streetscape.

Locate garages and carports



dominate the façade or view of the

dwelling.

To ensure that buildings and extensions do

not dominate the streetscape.


elements from the front façade.

Use simple building details.

To maintain the openness of the

streetscape and the views into front

gardens.

Front fences should be open

style, other than along heavily

trafficked roads.

High, solid front fences.

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The proposal features a setback from Florence Street that is consistent with existing dwellings along the streetscape. This setback allows for the planting of vegetation within the front setback. Furthermore, the development also features an offset from the west side boundary promoting the appearance of space and separation between built form along the streetscape and to accommodate additional vegetation. The majority of the first floor of the development is recessed from that of the ground floor below. Combined with the diverse material finishes the development exhibits a variety of elements that break up the overall scale of the development mitigating any detrimental visual bulk that could be attributed to the proposal. Furthermore, the 6.916 metres metre maximum building height is consistent with established two storey development within the streetscape. Council’s Arborist has reviewed the submitted information and advised there is suitable space to accommodate mature canopy trees and shrubs to enhance the overall landscape character of the site. The proposed development will not feature any front fencing improving the overall openness of the streetscape in comparison to the existing development on the site.

Setbacks

Front setback

The front wall of the proposed development is required to be setback 6.5 metres in accordance with Standard B6 of Clause 55.03-1 Street setback objective. The proposed development has a 6.66 metre setback from the front title boundary which is in compliance with Standard B6.

Side and rear setbacks



East (side) 0 or 2 m 0 m 3.09 m - 3.965 m 3.5 m - 3.989 m

West (side) 0 or 2 m 1 m 3.09 m - 4.5 m 3.5 m - 3.994 m

North (rear) 0 or 3 m 6 m 4.722 m 6.47 m

Areas of non-compliances are underlined.

As demonstrated above, the first floor of the proposed development features varying setbacks along its sides which are moderately accentuated as a consequence of the topography of the site sloping downward in a southerly direction approximately 1 to 1.5 metres.

It is considered that these variations are reasonable to allow in this instance due their minor nature and the extensively articulated design. Both sides of the first floor of the proposed development are noticeably recessed behind that of the ground floor. When considered this along with the diversity and variation of material finishes from ground floor to first floor and inclusion of windows these elevations exhibit articulation that alleviates potential adverse visual bulk.

The carport to dwelling 1 with its setback of 1 metre from the west common boundary represents a 1 metre variation to the 2 metre standard. It is considered reasonable to allow given the predominantly open nature of the carport which ensures that when viewed from the streetscape the carport provides a clear view through to the west wall of the dwelling which is setback 2 metres from the west common boundary. This will provide the appearance of space and separation sought to be achieved and it is therefore considered reasonable to allow this variation.

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This is considered reasonable as the carport is predominantly open maintaining views through to the west side wall of the dwelling which is setback 2 metres from the west common boundary would be clear and evident.

Walls on boundaries

The proposed garage to dwelling 2 is positioned along the common boundary with 30 Florence Street. It extends along the boundary for 6.77 metres and features an average height of 3.237 metres which represents a .037 metre variation to the 3.2 metre average of Standard B18 Clause 55.04-2 Walls on boundaries objective. A variation is considered reasonable given the minor extent of wall in excess of 3.2 metres and that Standard B18 is only exceeded as a consequence of the 3.474 metre high parapet which doesn’t exceed the 3.6 metre maximum allowable under Standard B18.

Overlooking

The submitted plans feature fixed obscure glazing raised sill heights along all relevant first floor windows and external screening along dwelling 2’s rear balcony where overlooking as defined by Standard B22 of Clause 55.04-6 ‘Overlooking objective’ could occur. The proposal is therefore compliant with the standard.

The extent of external screens along the rear first floor windows will also prevent internal overlooking to more than 50% of the adjoining dwelling’s lower level private open space in accordance with Standard B23 of Clause 55.04-7 ‘Internal views objective’.

Overshadowing

The applicant has submitted shadow diagrams demonstrating the extent of shadow generated by the proposed development. These diagrams indicate that the proposed development will partially reduce sunlight to the secluded private open space of the existing dwelling at 70, 74 and 74A Highett Road but not at a level greater than 75% between 9am and 3pm as required by Standard B21 of Clause 54.04-5 ‘Overshadowing open space objective’.

Site Coverage

The proposed development features an overall site coverage of 50.75% representing a .75% variation to the 50% of Standard B8 ‘Site coverage objective’. In this instance a variation is considered reasonable given the minor .75% in which the proposed development exceeds the standard. It is highlighted that the overall consequence of reducing the overall site coverage to 50% would not create any noticeable change in the proposed development and would subsequently not alter the impact the built form will have on the amenity of the area.


The proposed development accommodates two car spaces per dwelling in accordance with Clause 52.06 ‘Car Parking’. One space is within the single car garage or carport provided to each dwelling while the other is an uncovered space located directly in front of the garage/carport.

Council’s Traffic Engineer has reviewed the submitted information and has no objection to the proposal, subject to conditions regarding the removal and reconstruction of the existing crossover and the provision of visibility splays where the access way intersects with the crossover. The first 3 metres of the proposed common boundary side fencing from the front boundary are also required to be reduced to a height of 1 metre.


Council’s Arborist has reviewed the submitted information and has no objection to the proposal on the provision of existing tree management conditions.

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Street Tree Removal

The proposed development includes the removal of a Melaleuca styphelioides (Prickly-leaved Paperbark) located in the road reserve in order for vehicle access to be provided to dwelling 1. The tree is within 400 mm of the proposed crossover to dwelling 1 with Council’s Street Tree Arborist advising that no soil excavation could occur within 2.5 metres of the tree if it is to remain viable.

Council’s Street Tree Arborist has also advised that the Melaleuca styphelioides (Prickly-leaved Paperbark) tree does not meet the criteria for removal under the Street and Park Tree Management Policy (2012) because of the health and amenity value of the tree. In any side by side dwelling proposal unless both dwellings share one crossover the existing street tree would be detrimentally impacted. The reliance on one crossover would affect the ability to provide an acceptable level of landscaping in the front setback as dwelling 1’s hard surfaced access way would then need to traverse across the site to the one crossover in the north-west corner of the site. This limited level of landscaping and extensive additional hard surfacing with the front setback would be inconsistent with the neighbourhood character. As a consequence of this it is considered reasonable to allow the removal of the tree in order to provide an appropriate landscaped outcome for the site and streetscape. The removal and replacement of this tree will form a condition of approval.

CONCLUSION

It is considered that the proposed development is generally acceptable and will not significantly impact adversely upon streetscape character or the general amenity of the area subject to the amendments as outlined above. On this basis it is recommended that the application be supported.

RECOMMENDATION

That Council having caused notice of Planning Application No. 2014/827/1 to be given under Section 52 of the Planning and Environment Act 1987 and having considered all the matters required under Section 60 of the Planning and Environment Act 1987 decides to issue a Planning Permit under the provisions of the Bayside Planning Scheme in respect of the land known and described as 32 Florence Street, Brighton East, for the Construction two double storey dwellings in accordance with the application dated 14 November 2014, subject to the following conditions, including the specified conditions set out in the Council’s “Town Planning Standard Conditions” adopted by the Council on 28 November 2006:-

1. Before the development starts, amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the plans submitted with the application but modified to show: a) The existing Melaleuca styphelioides (Prickly-leaved Paperbark) located within the road

reserve immediately abutting the front boundary of the site displayed as being removed.

b) The garage door to Dwelling 2 made 3 metres wide. c) A landscape plan in accordance with Condition 8 of this planning permit. d) Visibility splays in accordance with Design Standard 1 of Clause 52.06. e) Water Sensitive Urban Design (Stormwater Management) measures in accordance

with Condition 14.

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

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

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


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

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

a) A survey, including, botanical names of all existing trees to be retained on the site including Tree Protection Zones calculated in accordance with AS4970-2009.

b) A survey including botanical names, of all existing trees on neighbouring properties where the Tree Protection Zones of such trees calculated in accordance with AS4970-2009 fall partially within the subject site.

c) Details of surface finishes of pathways and driveways. d) A planting schedule of all proposed trees, shrubs and ground covers, including

botanical names, common names, pot sizes, sizes at maturity, and quantities of each plant. All species selected must be to the satisfaction of the Responsible Authority.

e) One tree in the front setback capable of reaching 14 metres in height and 8 metres in width at maturity.

f) Two trees in the rear setback capable of reaching 10 metres in height at maturity. g) Landscaping and planting within all open areas of the site and sufficient soil volume

provided to allow proposed canopy tree plantings to reach their potential mature height and spread.

9. Before the development starts a Tree Protection Plan must be submitted to and approved by the Responsible Authority. This Tree Protection Plan must be drawn to scale, which references the Tree Management Plan referred to in Condition 10 of this planning permit and provide details of:

a) The Tree Protection Zone and Structural Root Zone, calculated in accordance with AS4970-2009, for all trees to be retained on the site and for all trees on neighbouring properties where the Tree Protection Zone falls partially within the subject site.

b) Tree protection fencing, or ground protection where required, provided in accordance with AS4970-2009.

c) Appropriate signage on any tree protection fencing prohibiting access, excavation, changes in soil levels, or any storage within the Tree Protection Zone in accordance with AS4970-2009 unless with the prior written consent and under the direct supervision of the consulting arborist.

d) Maintenance of the area(s) within the Tree Protection Zone in accordance with AS4970-2009.

e) Any pruning to be undertaken to the canopy of any tree to be retained in accordance with AS4373-2007.

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f) Any pruning of the root system of any tree to be retained is to be done by hand by a qualified arborist.

10. Before the development starts a Tree Management Plan must be submitted to and approved by the Responsible Authority. This Tree Management Plan must be prepared by a suitably qualified arborist which references the Tree Protection Plan referred to in Condition 9 of this planning permit and provides details of:

a) Any non-destructive root investigation undertaken in accordance with AS4970-2009 to determine the location and distribution of roots of trees nominated on the Tree Protection Plan.

b) Proposed footings and construction methods for any buildings or structures within the Tree Protection Zone nominated on the Tree Protection Plan.

c) How excavation impacts, including soil level changes, on trees to be retained will be managed.

d) How the canopy of trees nominated on the Tree Protection Plan will be protected. e) Any other measures required to demonstrate the successful ongoing retention and

viability post-construction of any trees nominated on the Tree Protection Plan.

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


13. Before the development commences the applicant must pay $11, 246.63 to the Responsible Authority for the removal and replacement of the existing street tree. This amount has been determined in accordance with Councils current policy for the removal of street tree(s). This amount may be increased by the Responsible Authority if an extension of time to commence work is granted and the amenity value of the street tree(s) has increased. The Responsible Authority, or a contractor or agented engaged by the Responsible Authority, must undertake the removal and replacement of the street tree(s). Any replacement planting will be at the discretion of the Responsible Authority.

14. Before the commencement of works, detailed plans to the satisfaction of the Responsible Authority must be submitted to and be approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be in accordance with the guidelines outlined in Clause 22.08 of the Bayside Planning Scheme and must show:-





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

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

17. Any seepage / agricultural drainage water must be filtered to rain water clarity and must be pumped to the nearest Council Drain /Pit and not be discharged to the kerb and channel unless directed otherwise.

18. All on-site stormwater is to be collected from the hard surface areas and must not be allowed to follow uncontrolled onto adjoining properties. The on-site drainage system must prevent discharge from each driveway onto the footpath. Such a system may include either: A trench grate (150mm minimum internal width) located within the property and/or Shaping driveway so that water is collected in a grated pit on the property and/or Another Council approved equivalent.










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STANDARDS OF THE BAYSIDE PLANNING SCHEME TWO OR MORE DWELLINGS ON A LOT AND RESIDENTIAL BUILDINGS


Comments


Yes Refer to report.


Yes It is considered that overall design and siting of the proposed development, pursuant to conditions, is responsive to these policies.


N/A


Yes


Yes The propose development has been appropriately orientated to integrate with the streetscape.




Yes Max: 8 metres Proposed: 6.916 metres

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No Max: 50% Proposed: 50.75%


Yes Min: 20% Proposed:43%


Yes The proposed development has been designed in manner that will allow appropriate use of solar energy without detriment to adjoining allotments.


N/A


Yes The proposed entrances to the dwelling’s entries are suitably distinguished when viewing the development from the streetscape while all landscaping within the front setback has been suitably positioned to ensure that no unsafe spaces are created.


Yes A landscape plan forms a condition of the approval.


Yes Each dwelling is provided with access ways appropriate within the context of the streetscape.

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No Refer to report.

Non compliances are underlined



East (side) 0 or 2 m 0 m - 2 m 3.09 m - 3.965 metres

3.5 m - 3.989 m

West (side) 0 or 2 m 1 m – 2 m 3.09 m - 4.5 m 3.5 m - 3.994 m

North (rear) 0 or 3 m 6 m 4.722 m 6.47 m


No Refer to report.


Yes The proposed development will allow adequate daylight into existing habitable room windows.


Yes The proposed development will allow adequate solar access into existing north-facing habitable room windows.



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Yes The proposed development has been designed in a manner that will appropriately contain noise generated from the two dwellings.


Yes The proposed dwellings will be accessible to people with limited mobility.


Yes The two dwellings feature varying finishes and articulation to distinguish one from the other and establish each with its own sense of identity.


Yes The proposed development has been design to allow adequate daylight into habitable room windows.


Yes Dwelling 1

Max: 40 square metres

Proposed: 51 square metres

Dwelling 2

Max: 40 square metres

Proposed: 60 square metres


Yes The secluded private open space to each dwelling is located to the north side allowing efficient access to sunlight.


Yes Each dwelling has been provided with 6 cubic metres of externally accessible storage space.


Yes The proposed design is a contemporary design compatible with emerging built form within the area in both its overall style and material finishes.

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Yes No front fence proposed.


Yes No common property is proposed


Yes Site services and facilities have been positioned in locations where they can be installed and maintained.

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4.14

6/427-455 Hampton Street, Hampton Secondary Consent - Approve Application No: 2011/359/1 Ward: Central


File No: 2011/359/1

APPLICATION DETAILS

Land/Address: 6/427-455 Hampton Street, Hampton

Application is for: Secondary Consent – Amend Plans to provide additional commercial tenancy

Melway Reference: 76 G5

Ward: Central Ward


Applicant's/Owner's Name: SJB Planning Pty Ltd

Date Received: 25 August 2015

Statutory Days Expiry: 22 September 2015




Current use and development: Mixed use building currently under construction

PROPOSITION

It is recommended that the applicant’s request to amend the endorsed plans under secondary consent be supported.

PROPOSAL

Planning Permit No. 2011/359/1 was issued at the direction of the Victorian Civil and Administrative Tribunal (VCAT) on 27 July 2012. The permit allows the construction of a five storey mixed use building comprising five commercial tenancies and dwellings. Plans were endorsed in accordance with permit conditions on 13 March 2014.

The applicant now proposes to amend the endorsed plans in accordance with Condition 2 of the permit. Condition 2 reads:

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

The application seeks approval for the following:

Internal alterations to divide Shop 5 into two tenancies to create a new Shop 6. Shop 6 will be 100sqm and located forward of Shop 5 which will now have a floor area of 410sqm. The original floor area of Shop 5 was 510sqm and as such no additional floor space will be created.

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Installation of two new entry doors to Shop 6, one off Hampton Street and one to the entry to Shop 5.

Addition of a small leasing unit within the ground floor lobby.


The site has a total area of 1,888 square metres and is currently being developed in accordance with Permit 2011/359/1. The site is located on the eastern side of Hampton Street, between Littlewood Street and Grenville Street.


Single and double storey commercial tenancies which make up the core of the Hampton Street Activity Centre are located to the north, east and south; and

Residential properties are located to the west of the subject site.

Locality Plan

Legend

Subject land

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PERMIT/SITE HISTORY

Title and Covenants

The title is not subject to any covenants or restrictions.

Background

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


2011/359/1 Use and development of a mixed use (multi-dwellings and shops) five (5) storey building in a Business 1 Zone, use and development of a food and drink premises in a Residential 1 Zone, the development of multi-dwellings in a Residential 1 Zone, associated car parking dispensation, a variation of the loading bay requirements and altered access to a road in a Road Zone Category 1. This application seeks approval to amend this permit.

Permit (VCAT) 27/7/2012

2013/696/1 Construct temporary signage Permit 20/5/2014

PUBLIC NOTIFICATION

Applications made in accordance with the provisions of Secondary Consent are not subject to the notice requirements of Section 52(1)(a), (b) and (d) of the Planning and Environment Act 1987.

REFERRALS

No internal or external referrals were required to be undertaken to inform the assessment of this application.

ASSESSMENT

VCAT has set out on a number of occasions the principles, or tests, of Secondary Consent (e.g. Westpoint Corporation PL v Moreland CC [2005]). The tests include the following:

1. The proposed amendment does not result in a transformation of the proposal.

The proposed amendment will not result in a transformation of the proposal, with the development remaining a five storey mixed use building. The building footprint, height and uses will remain as approved.

2. The proposed amendment does not authorise something for which primary consent is required under the planning scheme.

The proposed changes do not require primary consent. As the total ground floor area remains the same, this amendment does not trigger the need for any additional permission than otherwise granted should. No additional car parking spaces are required to accommodate the new tenancy.

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3. The proposed amendment is of no consequence having regard to the purpose of the planning control under which the permit was granted.

The proposed amendments are considered to be of no consequence with regard to the purposes of the planning controls under which the permit was granted.

This site is location in a Commercial 1 Zone and in this zone retail premises do not require planning approval.

4. The proposed amendment is not contrary to a specific requirement (or condition of the permit) as distinct from an authorisation within the permit, which itself cannot be altered by consent.

The proposed amendments do not contravene any permit conditions or the intent of the permit. The requirements of Condition 1 have been incorporated into the revised plans.

CONCLUSION

It is considered that the changes to the endorsed development plans of Planning Permit 2011/359/1 are appropriate and satisfy the tests of secondary consent. The proposed changes are appropriate for the site and will not result in any adverse impacts to adjoining properties or the locality as a whole. The works are not contrary to any condition or requirement of Planning Permit 2011/359/1 and as such it is recommended that the proposed amendments be approved.

RECOMMENDATION

That the Amended Plans be approved in accordance with the secondary consent provisions of Planning Permit No. 2011/359/1 issued for the use and development of a mixed use (multi-dwellings and shops) five (5) storey building in a Business 1 Zone; the use and development of a food and drink premises in a Residential 1 Zone; the development of multi-dwellings in a Residential 1 Zone; associated car parking dispensation; a variation of the loading bay requirements; and altered access to a road in a Road Zone Category 1 at 6/427-455 Hampton Street, Hampton, and the following table added at the end of the permit.

Date Amendment

13 October 2015 Secondary consent to amend plans:

Internal alterations to divide Shop 5 into two tenancies to create a new Shop 6.

Installation of two new entry doors to Shop 6, one off Hampton Street and one to the entry to Shop 5.

Addition of a small leasing unit within the ground floor lobby.

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4.15

4 Dudley Street, Brighton Secondary Consent - Approve Application No: 2008/406/2 Ward: Northern


File No: 2008/406/2

APPLICATION DETAILS

Land/Address: 4 Dudley Street, Brighton

Application is for: Secondary Consent – Construction of a two-storey apartment building with basement parking


Ward: Northern Ward


Applicant's/Owner's Name: Mr C J Boulton

Date Received: 7 September 2015


Zoning: Neighbourhood Residential Zone Schedule 3 (NRZ3)



Current use and development: Two storey building containing 15 dwellings

PROPOSITION

It is recommended that the applicant’s request to amend the endorsed plans under secondary consent be supported.

PROPOSAL

Planning Permit 2008/406/1 was issued by Order of the Victorian Civil and Administrative Tribunal on 13 July 2009. The permit allowed the construction of a two storey apartment building with basement parking. Plans were endorsed in accordance with permit conditions on 14 September 2009.

The applicant now proposes to amend the endorsed plans in accordance with the secondary consent provisions of Condition 2 of the Planning Permit. Condition 2 reads:

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

The application seeks approval for the installation of a retractable shade blind to the western side of the living room balcony of dwelling 11. The blind will be setback 600mm from the outer edge of the balcony, be 2.8m high and 4.55m wide. The blind is black and vertical, not angled.

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An inspection of the site and the surrounding area has been undertaken. The site has a total area of 1,890 square metres and the development was completed in 2014. The site is located on the northern side of Dudley Street, 100 metres west of St Kilda Street.


To the north are two tennis courts located within the rear private open spaces of 5 and 7 Glyndon Avenue;

To the south, across Dudley Street are single and double storey dwellings;

To the east are two double storey dwellings at 2B and 2C Dudley Street; and

To the west, at 10 Dudley Street, are eight single storey dwellings. The private open

spaces of units 5, 6, 7 and 8 are located along the western boundary of the subject site.

PERMIT/SITE HISTORY

Title and Covenants

The applicant has submitted a copy of title for the subject site, issued by the titles office on 7 September 2015. The title is not subject to any covenants or restrictions.

Background

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


2000/6121 Construction of a double storey dwelling. Permit 13/12/2001

2008/0406/1 Construction of a two storey, six dwelling apartment building with associated roof terraces and underground car parking.

This approval has been amended a number of times, the most recent of which was on 11 December 2013 to allow for a new swimming pool.

Permit (VCAT) 30/7/2009

2013/4629/1

Fifteen lot subdivision Approval 19/03/2014

There have been numerous previous amendments to the endorsed plans of Permit 2008/406 issued in 2009, 2011, 2012, 2013 and 2014.

PUBLIC NOTIFICATION

Applications made in accordance with the provision of Secondary Consent are not subject to the notice requirements of Section 52(1)(a), (b) and (d) of the Planning and Environment Act 1987.

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Locality Plan

Legend

Subject Site

REFERRALS

The application did not require any internal or external referrals.

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ASSESSMENT

The Victorian Civil and Administrative Tribunal has set out, on a number of occasions, the principles or tests of Secondary Consent (e.g. Westpoint Corporation PL v Moreland CC [2005]). The tests include the following:

The proposed amendment does not result in a transformation of the proposal

The changes to the plans are minor and relate to dwelling 11 only and do not increase the building footprint, form or number of dwellings.

The proposed amendment does not authorise something for which primary consent is required under the planning scheme.

The original permit allowed the construction of a two storey apartment building with basement parking. The proposed amendments do not alter the basic form and appearance of the building or the landscape treatment of the site.

The proposed amendment is of no consequence having regard to the purpose of the planning control under which the permit was granted.

The purposes of the planning controls under which the permit was granted aim to ensure that new development is compatible with the surrounding area. The proposed shade blind is required to provide protection from the afternoon sun and does not contravene the purposes of the planning controls governing the site or generate off-site amenity effects. To this end, the blind is setback within the balcony so as to not be generally visible from surrounding properties and given its location will not cause overshadowing or visual bulk.

The proposed amendment is not contrary to a specific requirement (or condition of the permit) as distinct from an authorisation within the permit, which itself cannot be altered by consent.

The proposed amendments do not contravene any permit conditions or the intent of the permit.

CONCLUSION

It is considered that the addition of a shade blind to add sun protection is appropriate and satisfies the tests of secondary consent. The proposed blind is appropriate for the site and will not result in any adverse impacts to adjoining properties or the locality as a whole. The works are not contrary to any condition or special requirement of Planning Permit 2008/406/2 and as such it is recommended that the proposed amendments be approved.

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RECOMMENDATION

That the Amended Plans be approved in accordance with the secondary consent provisions of Planning Permit No. 2008/406/2 issued for the construction of a two storey apartment building with basement parking at 4 Dudley Street, Brighton, and the following table be added at the end of the permit.

Date Amendment

13 October 2015 Secondary consent to amend plans:

Addition of shade blind to the western side of the living room balcony for dwelling 11.

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Planning & Amenity Committee Agenda...Planning & Amenity Committee Meeting Tuesday, 13 October 2015...

Documents

Transcript of Planning & Amenity Committee Agenda...Planning & Amenity Committee Meeting Tuesday, 13 October 2015...